NOVEMBER 26, 2002 AGENDACity of Virginia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
MARGARET L. EURE, Centerville - District 1
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W SCHMIDT, At -Large
RONA. VILLANUELA, At -Large
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
JAMES K. SPORE, City Manager
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITH, MMC, City Clerk
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 427-4303
FAX (757) 426-5669
E MAIL:Ctycncl@vbgov.com
I.
II.
CITY COUNCIL'S BRIEFING
A.
November 26, 2002
- Conference Room -
BEACH MANAGEMENT PLAN
Thomas Fraim, Chair, Beaches and Waterways Advisory Commission
CITY MANAGER'S BRIEFINGS
A.
B.
CAPE HENRY NATIONAL PARK PROPOSAL
Mac Rawls and James Babcock, 2007 Subcommittee
LYNNHAVEN WATERSHED MANAGEMENT PLAN
Clay Bernick, Environmental Management
2:04 PM
C. CIRCUIT COURT CLERK'S OFFICE STATE FUNDING REDUCTIONS
J. Curtis Fruit, Clerk
QI. REVIEW OF AGENDA ITEMS
N. CITY COUNCIL COMMENTS
VI. INFORMAL SESSION - Conference Room - 4:OOPM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
- Council Chamber -
6:00 PM
B. INVOCATION: Father Dwight Shroder
Saint John The Apostle Catholic 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 November 12, 2002
2. SPECIAL FORMAL and CLOSED SESSIONS November 19, 2002
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. AGRICULTURAL RESERVE PROGRAM (ARP)
a. 34.93 acres - Indian River and Muddy Creek Road
2. LOCAL VEHICLE REGISTRATION
I. ORDINANCES
1. Ordinance to AMEND §6-31 of the City Code re prohibition of shark fishing and
"chumming" within the City limits and the marginal adjacent ocean or bay within 500
yards of the mean low water line.
2. Ordinances re license decals and registration of vehicles:
a. AMEND §§ 21-71 through 21-75, §§21-75.1, 21-76, 21-79, 21-85, and 21-85 of
the City Code re elimination of Decals and establishing a requirement for
permanent state registration of vehicles
b. TRANSFER $300,000 from the City Treasurer to the Finance Department to
fund the Local Vehicle Registration process through DMV
3. Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP)
easements from John G. Cromwell, Sr. Trust and Richard Neubert of 34.93 acres
more or less for $352,793 (Installment Agreement No. 2002-51) and issuance of contract
obligations
4. Ordinance to ACCEPT 0.605 acre of property from Chesapeake Land Development,
LLC located at Lynnhaven Parkway and Riverbend Road.
5. Ordinance APPROPRIATE $75,000 from the General Fund balance to provide an
interest-free loan to the Chesapeake Beach Volunteer Rescue Squad to purchase an
ambulance and squad trucks.
6. Ordinance to APPROPRIATE $15,000 from the Francis Land House Trust Fund to
the FY 2002-2003 Operating Budget of the Department of Museums and Cultural Arts
to provide for events, exhibits and expenses at Francis Land House.
7. Ordinance to ACCEPT and APPROPRIATE a grant of $252,677 from the Federal
Temporary Assistance For Needy Families (TANF) to the FY 2002-2003 Operating
Budget of the Department of Social Services re job retention and wage advancement
service recipients.
J. PLANNING
1. Petition of DEMERTRIOUS KOULOUKIS for the discontinuance, closure and
abandonment Admiral Wright Boulevard on the east side of Euclid Street, south of
Virginia Beach Boulevard, containing 15,111 square feet.
(DISTRICT 2 — KEMPSVILLE)
Deferred: November 12, 2002
Recommendation: APPROVAL
2. Application of EUCELL FACEN for a Conditional Use Permit re operation of auto
storage for 30 vehicles and a towing facility with two tow trucks, on the southeast corner
of Virginia Beach Boulevard and Shipps Lane (1345 Virginia Beach Boulevard)
containing 17,640 square feet.
(DISTRICT 6 - BEACH)
Staff Recommends:
Planning Commission Recommends:
DENIAL
APPROVAL
3. Application of WAWA, INC. for a Conditional Use Permit re gasoline sales in
conjunction with a convenience store on the north side of Virginia Beach Boulevard, west
of North Lynnhaven Road (2954 Virginia Beach Boulevard) containing 2.871 acres.
(DISTRICT 5 - LYNNHAVEN)
Recommendation: APPROVAL
4. Application of KEMPSVILLEICENTERVILLE ASSOCIATES, L.L.C. for a
Conditional Use Permit re mini -warehouses and self storage with an office building and
manager's residence on the south side of Kempsville Road and Centerville Turnpike
containing 9.31 acres.
(DISTRICT 1 - CENTERVILLE)
Recommendation: APPROVAL
5. Application of FIRST UNITED PENTECOSTAL CHURCH for a Conditional Use
Permit re church on the southeast corner of Wesleyan Drive and Broad Meadows
Boulevard (5393 Wesleyan Drive) containing 5.14 acres.
(DISTRICT 4 - BAYS1DE)
Applicant Requests: INDEFINITE DEFERRAL
6. Application of SANTA FE for a Conditional Use Permit to add 6,400 square feet to an
existing automotive service center and four shade structures in the parking areas at Auto
Nation (3700 Sentara Way) containing 11.7 acres.
(DISTRICT 3 - ROSE HALL)
Recommendation: APPROVAL
7. Application of AMERICAN PARKING SOLUTIONS, LTD. for a Conditional Use
Permit re bulk storage of motor vehicles on the east side of Military Highway and
Alexandria Lane (600 Block of S. Military Highway) containing 48 acres.
(DISTRICT 2 - KEMPSVILLE)
Applicant Requests: DEFERRAL TO 12/3/02
8. Application of SNUG HARBOR DEVELOPMENT, LLC re Changeof Zoning District
Classification from A-18 Apartment District and B-2 Community Business District to A-
12 Apartment District with a PD -H2 Planned Unit Development District Overlay and
Shore Drive Overlay (SD) at Pleasure House Road and Powells Point Road (2432
Pleasure House Road and 4704 Powells Point Road) containing 2.529 acres.
(DISTRICT 4 - BAYSIDE)
Recommendation: APPROVAL
9. Applications of WHITT G. SESSOMS at Virginia Beach Boulevard and Seabridge
Road (949 Virginia Beach Boulevard) containing 4 acres.
(DISTRICT 6 - BEACH):
a. Change of Zoning District Classification from A-12 Apartment District to
Conditional B-2 Community Business District
b. Conditional Use Permit re automobile bulk storage yard
Recommendation: APPROVAL
K. APPOINTMENTS
BOARD OF ZONING APPEALS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
MINORITY BUSINESS COUNCIL
PLANNING COMMISSION
RESORT ADVISORY COMMISSION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - October 2002
N. ADJOURNMENT
AGENDA 111261021st
.vbgov.com
* * * * * * * * * *
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)
* * * * * * * * * * *
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: An Ordinance to Amend and Reordain Section 6-31 of the City Code Pertaining
to Shark Fishing Restrictions
MEETING DATE: November 26, 2002
Background:
The City Code restricts shark fishing and chumming only between Memorial Day weekend
and Labor Day weekend, in the marginal adjacent ocean or bay within 500 yards of the
mean low water line. This restriction does not currently apply from 7:00 p.m. through 7:00
a.m. on the beach commencing at the south boundary of Little Island Park, extending 400
feet north
Considerations:
The proposed amendment will prohibit shark fishing and "chumming" within the City limits
and the marginal adjacent ocean or bay within 500 yards of the mean low water line
throughout the year. The Department of Parks and Recreation personnel report that very
little, if any, shark fishing has occurred at Little Island Park in recent years.
Recommendations:
Amend City Code § 6-31
Public Information:
This ordinance will be advertised in the same manner as other Council agenda items.
Attachments:
Ordinance
Map of Little Island Park
Recommended Action: Approval
Submitting Department/Agency: City Manager
City Manage It
W1
F:1Data\ATY\Ordin\NONCODE106-31,agenda.wpd
1 AN ORDINANCE TO AMEND AND RECRDAIN
2 SECTION 6-31 OF THE VIRGINIA BEACH
3 CITY CODE PERTAINING TO SHARK
4 FISHING
5 SECTION AMENDED: § 6-31
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 6-31 of the City Code is hereby amended and
9 reordained to read as follows:
10 Sec. 6-31. Shark fishing tri— tions prohibited.
11 (a) During the Season from Memorial Day weekend through Labor
12 , rrNo person shall:
13 (1) Place in the marginal adjacent ocean or bay within five
14 hundred (500) yards of the mean low water line any chum,
15 blood or free floating bait for the purpose of attracting
16 sharks, or
17 (2) Except as provided in this section, fFish for sharks
18 within the city limits and the marginal adjacent waters
19 within five hundred (500) yards of the mean low water
20 line.
21 These prohibitions shall include fishing or chumming from any
22 beach, structure, jetty or boat, utilizing tackle, bait or chum
23 intended for or commonly used to catch or attract sharks.
24
25
-
.m. rrom the ueacn commencing
..
26boundary of Little Island Falk, extending four hundred ( 400 ) feet
27 .
28 tcf Ihl Any person who shall violate any provision of this
29 section shall be guilty of a Class 3 misdemeanor.
30 COMMENT
31 This amendment prohibits shark fishing in the City of Virginia Beach throughout the year,
32 deleting provisions that permitted shark fishing at Little Island Park and in Virginia Beach between
33 Labor Day weekend and Memorial Day weekend.
34 Adopted by the Council of the City of Virginia Beach,
35 Virginia, on the day of , 2002.
CA -8640
Proposed\06-31.ord.wpd
October 29, 2002
R--3
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
City Manager/Designee Ci 'Ey Attorn y` s Office
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: Amendments to the Local Vehicle Registration Ordinance
MEETING DATE: November 26, 2002
Background:
• On June 11, 2002, City Council approved a plan to improve the local vehicle registration
process by combining the local vehicle registration fee with the state vehicle registration
process. At that time, the City Manager was directed to take all steps necessary to change to
the new Local Vehicle Registration (LVR) Program being developed with the DMV and to
amend the City Code to reflect the changes to the local vehicle registration process associated
with the implementation of the LVR Program.
• In developing a plan with the Department of Motor Vehicles for implementing this change,
certain changes to the June 11 ordinance must be made, including the process for collecting
the local vehicle license fee in 2003 and the establishment of permanent local vehicle
registrations and corresponding fee amounts for certain trailers, antique cars and antique
motorcycles that have permanent plates.
Considerations:
• This plan will meet the vehicle registration revenue budgeted in the FY -03 Resource
Management Plan.
• The Department of Motor Vehicles will bill vehicle owners for transition amounts due in 2003.
At that time, some vehicle owners will owe less than the annual fee, while others will owe more,
but the amount on a monthly basis remains the same.
• In order to smooth the transition, LVR fees will be collected by the DMV upon commencement
of the transition plan, which is scheduled for mid-April. (Originally scheduled for July 1, 2003.)
• DMV will be able to track who pays the local vehicle registration fee in 2003 through the use of
administrative "stops".
• The Virginia Beach Police Department has been informed of this transition plan and believes
that it will not cause problems for motorists in Virginia Beach or other cities.
• It is a transition plan that can be extended to other localities as they join the LVR Program.
• The state offers permanent registration options for trailers, antique cars and antique
motorcycles; to ease administration of the LVR Program, the City ordinance proposes that
the City offer similar options.
Public Information:
• Information notices regarding the transition plan will be mailed to the citizens in January.
• Use of bill stuffers and publications such as City Page and the BEAM will be used to get the
word out, and a short infomercial will be produced with VBTV and aired at various times.
Alternatives:
• There is no viable alternative transition plan to accomplish City Council's direction to
combine the local vehicle registration fee with the state vehicle registration process.
Recommendation:
• Adopt ordinance.
Attachment:
Ordinance
Recommended Action: Approval ItnSubmitting D-_-rtmentlA enc :Finance ,�"���`�City Manager:`) �1 0)42
1 AN ORDINANCE TO FURTHER AMEND THE CITY CODE
2 PERTAINING TO LOCAL VEHICLE LICENSES BY
3 ACCELERATING THE ELIMINATION OF LICENSE
4 DECALS AND ESTABLISHING A LICENSE REQUIREMENT
5 FOR VEHICLES WITH PERMANENT STATE
6 REGISTRATIONS
7
8
SECTIONS AMENDED: §§ 21-71, 21-72, 21-73, 21-
75, § 21-75.1, 21-76, 21-79, 21-85, AND 21-86
9
10
11 WHEREAS, on June 11, 2002, the City Manager was directed to
12 take all steps necessary to change from the current system of
13 vehicle licensing, which utilizes the sale of decals to receive the
14 license fee and to collect delinquent personal property taxes, to
15 a system in which local vehicle license fees would be collected by
16 the state Department of Motor Vehicles ('DMV"); and
17 WHEREAS, in developing a plan with the DMV for implementing
18 this change, certain changes to the ordinance adopted on June 11,
19 2002, must be made, including the process for collecting the local
20 vehicle license fee in 2003.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23 That the City Council hereby requests the DMV to collect the
24 City of Virginia Beach's motor vehicle, trailer and semitrailer
25 local vehicle license fees, as permitted by Virginia Code § 46.2-
26 756, and authorizes its Finance Director to enter into a contract
27 with the DMV to establish the terms of this arrangement.
28 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30 That the City Treasurer is directed to enter into an agreement
31 with the Commissioner of the DMV to utilize the DMV's Vehicle
32 Registration Withholding Program, as authorized by Virginia Code §
33 46.2-752(J), and the Treasurer is further directed tc take all
34 steps necessary for the successful implementation of this
35 agreement.
36 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF
37 VIRGINIA BEACH, VIRGINIA:
38 That the Commissioner of the Revenue is directed to serve as
39 the local administrator of the local vehicle registration program
40 in accordance with the terms of the agreement.
41 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF
42 VIRGINIA BEACH, VIRGINIA:
43 That Ordinance #2702 is amended and Sections 21-71, 21-72, 21-
44 73, 21-75, 21-75.1, 21-76, 21-79, 21-85, and 21-86 of the City Code
45 are hereby further amended and reordained, to read as follows:
46 Sec. 21-71. Local vehicle license term; definition.
47 (a) After the transition period described in this
48 article, ilthe term for the license for motor vehicles, trailers and
49 semitrailers required by this article shall be one (1) year, which
50 shall correspond to the identical period for the state vehicle
51 registration for that vehicle, trailer or semitrailer. Every local
52 vehicle license term shall begin during the month in which at the
53 time when the vehicle, trailer or semitrailer is registered by the
54 state department of motor vehicles, and shall expire at the same
55 time the state registration expires, which is the last day of the
56 twelfth month next succeeding the date of registration, as provided
57 by Code of Virginia § 46.2-646. Every local vehicle license,
58 unless otherwise provided, shall be renewed annually on application
59 by the owner and by payment of the fees required by law, with the
60 renewal to take effect on the first day of the succeeding month
61 succeeding the date of expiration.
62 motor vehicles offers a quarterly or multi-year registration option
63 and if the vehicle owner chooses this option, then the local
64 vehicle license term shall match the term chosen by the owner for
65 the state vehicle registration, with the annual fee mint pJJ
If the state department of
66 -
67 necessary.
2
Y
prorated as
68 (b) As used in this article, "local vehicle license" shall
69 mean the license authorized by Code of Virginia § 46.2-752 to be
70 required for motor vehicles, trailers and semitrailers.
71 Notwithstanding the provisions of subsection (a), if the
72 state department of motor vehicles offers a permanent registration
73 option and if the vehicle owner chooses this option, then the term
74 of the local vehicle license for this vehicle shall correspond to
75 the period for which the state registration is valid, subject to
76 payment of the fee established in Section 21-75 of this article.
77 No further fee shall be required as long as the title for the
78 vehicle remains vested in the owner. Furthermore, no fee shall be
79 charged for any vehicle permanently licensed by the state Prior to
80 January 1, 2003.
81
COMMENT
82 This amendment provides for permanent local vehicle licenses to be issued to vehicles that are
83 issued permanent state license plates. Permanent plates are issued for some trailers, and as well as
8 4 antique cars and motorcycles. Persons who have already obtained permanent registrations shall not
85 be required to pay a fee for a vehicle that was registered prior to the effective date of this ordinance.
86 Sec. 21-72. General procedure.
87 (a) Pursuant to a contractual arrangement with the city, the
88 state -department of Mmotor vehicles shall collect the local
89 vehicle license fees required by this article, or portions thereof,
90 for the city, as authorized by Code of Virginia section 46.2-756.
91 Local vehicle license fees shall be collected at the same time
92 state vehicle registration fees are remitted. Coincident with the
93 state's grace period, purchasers of new or used motor vehicles
94 shall be allowed a thirty -day grace period, beginning with the date
95 of purchase, during which to pay the local vehicle license fee to
96 the department of motor vehicles.
97 (b) Any person who has iec
98 '
99 shall, as proms
100 L].epartment of motor vena
ea a venicle 1
y o o
•
irginl
3
Is cnange 1
, notary the
in
101 thirty (J0) clays. No vehicle shall be subject to a local vehicle
102 license tax or fee in more than one jurisdiction for the same time
103 period.
tc
104
g licensed in anotner 7uriseietio
in which a vehicle acquires situs in
105
106
107
108
•
oie the time tha
e state registrati
cense
e
109 vehicle
xpiies tnrougn tine time the state registration is
110and an annual local vehicle license obtained. The prora.t-e
111 fee shall be payable at the tsme the vehicle acquires setas irr Lie
112 city.
113 (cic) In any case in which a vehicle acquires situs in the city
114 after a local vehicle license has been issued in another by a
115 jurisdiction that does not participate in the department of motor
116 vehicles' local vehicle registration program and the state
117 registration for this vehicle expires before the existing license,
118 then a prorated portion of the city local license fee, giving
119 credit for the months paid in the other non -participating
120 jurisdiction, shall be due when the state registration is renewed.
121 (d) Proration of the vehicle license fee shall not be
122 required when a vehicle acquires situs in the city after a local
123 vehicle license for this vehicle has been purchased through the
124 department of motor vehicles' Local Vehicle Registration program.
125 COMMENT
126 The deleted language in subsections (b) and (c) removes a requirement for persons who have
12 7 an existing vehicle from another locality to register with the DMV and pay any license fees that might
12 8 come due before the local license expires. The proposed language in subsections (c) and (d) are based
12 9 on the requirement of Virginia Code § 46.2-752(h) that no vehicle shall be subject to vehicle License tax
13 0 in more than one jurisdiction.
131 As an example, if a decal is bought for an automobile in another jurisdiction on January 1,
13 2 2004, then the owner moves to Virginia Beach and renews the vehicle's state registration on July 1,
13 3 2004, the amount of the local license fee due will be one half of the annual amount. (The owner gets
13 4 credit for the 6 months left on the license purchased in the other jurisdiction.)
13 5 The language of subsection (d) reflects that once a vehicle is in the Local Vehicle Registration
13 6 program through another locality, no local fee shall be required until the state registration must be
13 7 renewed. Under this approach, when a local vehicle license has been renewed for two years in another
13 8 locality and the owner moves to Virginia Beach during the first of the two years, the vehicle owner will
4
13 9 not pay a license fee in Virginia Beach until expiration of the state registration. However, when a
140 Virginia Beach resident moves to another LVR jurisdiction under the same circumstances, Virginia
141 Beach will have collected the local fee more than a year in advance. This is no different than what
142 happens now for a one year registration and therefore no revenue impact is expected.
143 Sec. 21-73. Exemptions.
144 (a) No person shall be required to pay the local vehicle
145 license fee prescribed by this article on any vehicle for which an
146 annual a registration certificate and license is not required by
147 Code of Virginia, title 46.2, on any vehicle specifically exempt
148 under the provisions of Code of Virginia, section 46.2-755, or on
149 any vehicle owned solely by a person in active military service,
150 who is in the city solely by reason of military orders and who has
151 a legal residence in a state other than Virginia.
152 J bj Upon presentation to the commissioner of the revenue of
153 proof that the vehicle is exempted under this section, the
154 commissioner of the revenue shall notify the state department of
155 motor vehicles that no fee is required for such vehicle; provided,
156 however, that military personnel exempt from this section who
157 register a vehicle in Virginia for the first time must initially
158 report this status to the department of motor vehicles. The form
159 of this proof shall be a military Leave and Earnings Statement
160 current within ninety (90) days.
161 (c) In the event that the status of the owner of the vehicle
162 changes so as to no longer qualify the vehicle for the exemption
163 provided herein, the owner shall notify the commissioner of the
164 revenue within ten (10) days of the date of such change in status,
165 and shall comply with all other provisions of this article. The
166 commissioner of the revenue shall notify the state department of
167 motor vehicles of each such change in status.
168 COMMENT
16 9 The requirement for military personnel to first report their exempt status to the Department
170 of Motor Vehicles reflects the fact that no vehicle record would exist in the Commissioner of the
171 Revenue's office until the vehicle owner registers the vehicle with the DMV.
5
172 Sec. 21-75. License requirement; Imposition of fee.
173 (a) There is hereby imposed a requirement for a local
174 vehicle license, for each twelve-month the terms as established by
175 this article, on motor vehicles, trailers and semitrailers,
176 regularly kept in the city and used upon public roadways of the
177 city. The amount of the fee for this license shall be as set forth
178 in the following subsections of this section, and shall be due
179 annually at the same time the state registration is obtained,
180 unless specifically provided for otherwise.
181 (b) The license fee on a motor vehicle, designed and used
182 for the transportation of passengers, which is self-propelled or
183 designed for self -propulsion, shall be, except as otherwise
184 specifically provided in this section, imposed in accordance with
185 the following schedule:
186 (1) Motor vehicles weighing four thousand (4,000)
187 pounds or less - Twenty-five dollars ($25.00);
188 (2) Motor vehicles weighing more than four thousand
189 (4,000) pounds - Thirty dollars ($30.00); and
190 (3) Motorcycle - Twenty-three dollars ($23.00)-L
191 jj) Antique motor vehicles licensed permanently
192 pursuant to Virginia Code § 46.2-730 (motorcycles
193 or cars) - Thirteen dollars and fifty cents
194 ($13.50); and
195 (5) Any motor vehicle, trailer or semitrailer upon
196 which well -drilling machinery is attachedand which
197 is permanently used solely for transporting such
198 machinery - Fifteen dollars ($15.00) .
199 (c) JJ
200
201 body w�
202
203 operation, whi
204
icen-se
ee on a one- or
w
vena
er than the wi
0
is attached at any -
is pulled or towed by a passenger
or station wagon,
6
Kup or panel tiuc
205
206
207
208
209
210
211
•
, J
pun
orses, 5 a
ing ore thousand five
aany one time, a
seve
okiars an
or
_zty cents
(Y7.50) Unless otherwise specified in_ this
212 article, the license fees for trailers and
213 semitrailers not designed and used for the
214 transportation of passengers on the highways in the
215 Commonwealth shall be as follows:
216 Registered Gross Wei gh t Annual Fee Permanent Fee
217 0-1,500 lbs $ 7.50 $52.00
218 1,501 - 4,000 lbs $18.00 $52.00
219 4,001 lbs and above $25.50
$52.00
220 (2)
The license
•
•
W
221 fee for each trailer or semitrailer designed g d for
222 use as living quarters for human beings shall all be
223 twenty-five dollars ($25.00).
224 (3) The license fee for all trailers
designed
225 exclusively to transport boats or horses
shall be
226 seven dollars and fifty cents ($7.50
227 (4) The license fee for any motor vehicle, trailer or
228 semitrailer u•on which well-drillin• machinery hinery zs
229 attached and which is permanently used solely for
230 transporting such machinery, shall
be fifteen
231 dollars ($15.00) .
232 (d) There is hereby imposed a license fee, to be paid by the
233 owner, upon each motor vehicle not designed and d used for the
234 transportation of passengers, whether operated under der lease or not.
235 The amount of the license fee shall be determined by the gross
236 weight of the vehicle or combination of vehicles of which it is a
237 part, when loaded to the maximum capacity p y for which it is
7
238 registered and licensed by the state, according to the following
239 schedule:
240 Pounds Fee
241 4,000 or less . . $24.00
242 4,001--16,000 . . 29.00
243 16,001--17,000 . . 30.80
244 17,001--18,000 . . 32.10
245 18,001-19,000 . . 33.40
246 19,001--20,000 . . 34.70
247 20,001--21,000 . . 36.00
248 21,001--22,000 37.30
249 22,001--23,000 38.60
250 23,001--24,000 39.90
251 24,001--25,000 41.20
252 25,001--26,000 42.50
253 26,001--27,000 43.80
254 27,001--28,000 45.10
255 28,001--29,000 46.40
256 29,001--30,000 47.70
257 30,001--31,000 49.00
258 31,001--32,000 50.30
259 32,001--33,000 51.60
260 33,001--34,000 52.90
261 34,001--35,000 54.20
262 35,001--36,000 55.50
263 36,001--37,000 . 56.80
264 37,001--38,000 58.10
265 38,001--39,000 59.40
266 39,001--40,000 . 60.70
267 40,001--41,000 . 62.00
268 41,001--42,000 63.30
269 42,001--43,000 . 64.60
270 43,001--44,000 . 65.90
8
271 44,001--45,000 67.20
272 45,001--46,000 . 68.50
273 46,001--47,000 . 69.80
274 47,001--48,000 . 71.10
275 48,001--49,000 . 72.40
276 49,001--50,000 . 73.70
277 50,001--51,000 . . 75.00
278 51,001--52,000 . . 76.30
279 52,001--53,000 . 77.60
280 53,001--54,000 . . 78.90
281 54,001--55,000 . . 80.20
282 55,001--56,000 81.50
283 56,001--56,800 82.80
284 50,001 56,801 and over. 85.00
285 (e) In the case of a combination of a truck or tractor truck
286 and a trailer or semitrailer, each vehicle constituting a part of
287 such combination shall be registered as a separate vehicle, and a
288 separate local vehicle license fee shall be imposed thereon, but,
289 for the purpose of determining the gross weight group into which
290 any such vehicle falls pursuant to subsection (d) of this section,
291 the combination of vehicles of which such vehicle constitutes a
292 part shall be considered a unit, and the aggregate gross weight of
293 the entire combination shall determine such gross weight group.
294 - _- - -
� t i
295 •. su
296 ($18.00) .
297 -
298 sha
299 be paid for the local license for a truck or tractor truck
300 constituting a part of such combination, the fee shall be assessed
301 on the total gross weight of the combination when loaded to the
302 maximum capacity for which its is registered and licensed.
303 However, there shall be no deduction from this fee for the local
rovi ded,
owever,
1
u
c
rai
jahteen doll
wer�ty-seven dollars ( 27.00)
In determining the fee to
9
304 vehicle license fee of the trailer or semitrailer in the
305 combination.
306 COMMENT
307 This section has several proposed changes. The first, in subsection (b), provides for a
308 permanent local vehicle license for antique motor vehicles (such vehicles have a permanent state
309 registration).
310 Subsection (c) is simplified to set forth the fees for trailers. Furthermore, in (c), a local vehicle
311 registration fee is established for trailers with permanent plates; the amount matches that charged by
312 the Department of Motor Vehicles for permanent state license plates.
313 Finally, in subsection (d), a typographical error is corrected, and the changes in (e) reflect that
314 the language concerning trailer fees has been moved to (c).
315 Sec. 21-75.1 Transition period, billing and schedule.
316 (a) A transition period, with prorated license fees, as
317 authorized by_Virgini_a Code § 46.2-752, will be necessary to adjust
318 to a system in which the term of each local vehicle license
319 conforms to state registration renewal periods. The transition
320 period shall cover the time from January 1, 2003,
321
322 administered by the department of motor vehicles during 2003.
323 (b) For The transition period, billing shall modify the
324 local vehicle license term sha
325 period, a5 necessary, to match correspond to the date that the
326 state enemaregistration period for that vehicle expires. =f a
327 During this period, the local vehicle license fee amount
328
329
330 number of years or fraction
331
332
333
334
335
336 the department of motor vehicles.
337 department s 11 prepare chedule�
through June 30, 2005; the transition billing shall be
e moth f ie
from the twelve --month
e
ee due during the
r
•
rior to July 1,
e lice
ns
multiplied by the
icle �s registere
by the state shall equal one -twelfth of the annual fee required for
that vehicle, trailer or semitrailer, multiplied by the number of
months from January 1, 2003 until the state registration for the
vehicle must be renewed; this determination shall be made on the
day preceding the implementation of local vehicle licensing through
10
e director o
as5ist in calcu_L
338
339
ransition perioa.
340 COMMENT
34 1 The language concerning the transition period is revised to reflect that the transition will occur
342 in 2003, when the Department of Motor Vehicles will bill vehicle owners for local vehicle license
343 amounts due in 2003. At that time, some vehicle owners will owe less than the annual fee, while others
344 will owe more, but the amount on a monthly basis remains the same. Three examples are set forth
345 below, using a vehicle subject to a $25 annual fee.
346
347
348
349
350
351
352
353
354
355
356
Example 1. The transition amount due during 2003 for a vehicle with a registration that
expires on March 31, 2003 will be $31.25 ($6.25 in transition period license fee; $25 for the annual
license fee). The motorist will be billed for this amount by the DMV in May 2003, and the local license
will be good until the state registration is renewed on March 31, 2004. (Assumes a one-year renewal
term.)
Example 2. If the state registration expires on July 31, 2003, the amount due 2003 during the
transition period will be $14.58; the motorist will billed this amount by the DMV in May 2003. When
the state registration is renewed in July 2003, the $25 local vehicle licensee fee will be included on the
renewal notice from the DMV. This license will be good until the state registration must be renewed
in July 2004. (Assumes a one-year renewal term.)
357 Example 3. If the state registration expires on November 30, 2004, the transition amount due
358 will be $47.92 ; the motorist will be billed this amount by the DMV in May 2004, and will not have to
359 renew the local vehicle license again until November 2006. (Assumes a two-year renewal term.)
36 0 In a limited number of cases, as the DMV begins collecting the transition amount, a
36 1 supplemental bill may be required. For example, if the state registration expires on April 30, 2003,
362 the total amount due for transition will be $33.33. If the motorist renews the state registration prior
363 to April 10 (the date the DMV will extract billing information from its database), then this amount will
364 be billed by DMV in May 2003, and this will cover the period from January 1, 2003 through April 30,
365 2004. If the motorist has not yet renewed the state registration on April 10, the transition billing w ill
366 be for $8.33 to cover the period from January 1, 2003 through April 30, 2003, and the motorist will
367 receive a supplemental billing for the balance of $25, if he pays by mail, to cover the period from April
368 2003 - April 2004. However, if the motorist renews the state registration at a DMV site, by phone, or
369 over the Internet, the local vehicle license fee will be included in the amounts due, and no supplemental
37 0 bill will be necessary. A public information plan will be developed to minimize the number of
371 supplemental billings.
372 Sec. 21-76. Proration of fee.
373 If proration is necessary in any case, a license fee equal
374 to one -twelfth of all fees required for that vehicle, trailer or
375 semitrailer, multiplied by the number of months for which a local
376 registration fee is owed within the state registration period,
377 shall be collected. The fee shall be computed to the nearest cent.
378 COMMENT
379 This change simply clarifies existing language about how license fee proration shall occur.
11
380 Sec. 21-79. Vehicle license at no charge for members of
381 volunteer fire companies or rescue squads,
382 auxiliary police officers, volunteer police
383 chaplains, auxiliary deputy sheriffs, disabled
384 veterans and surviving spouses of disabled
385 veterans.
386
387 For members of the various volunteer fire companies and
388 rescue squads in the city, auxiliary police officers serving the
389 city, volunteer police chaplains of the city, auxiliary deputy
390 sheriffs serving the city, disabled veterans as exempted by
391 defined in Code of Virginia section 46.2-756 (B) , and
392 sarviving spoases of s-crch disabled , there shall be no
393 charge for local vehicle licenses, in accord with the following
394 provisions:
395 (1) No license fee shall be charged for one (1) vehicle owned
396 by each active member of the various volunteer fire
397 companies and rescue squads, each active auxiliary police
398 officer, each active volunteer police chaplain, and
399 each active auxiliary deputy sheriff, and each such
400 volunteer who, although presently inactive, has completed
401 ten (10) or more years of active service in the city.
402 Such persons shall submit a letter to the commissioner of
403 the revenue from the chief of his fire company or rescue
404 squad or, in the case of auxiliary police officers and
405 volunteer police chaplains, from the chief of police, or
406 in the case of auxiliary deputy sheriffs, from the
407 sheriff, stating that he is an active member of the
408 company or squad or is an active auxiliary police
409 officer, volunteer police chaplain or auxiliary deputy
410 sheriff, or that, if inactive, he has completed ten (10)
411 or more years of active service. The preceding exemption
412 from the license fee shall apply to active members of
413 volunteer fire companies and rescue squads, and each
414 active auxiliary police officer, volunteer police
415 chaplain and auxiliary deputy sheriff, regardless of
12
416
417
418
419
420
421
whether the volunteer owns or leases the vehicle for
which the exemption is requested.
(2) Each such volunteer fire company or rescue squad member,
auxiliary police officer, volunteer police chaplain and
auxiliary deputy sheriff shall, at the time the license
fee is exempted, agree to notify the
commissioner of
422 the revenue, if and when such volunteer becomes inactive
423 prior to completing ten (10) or more years of active
424 service.
425 (3) The chief of each volunteer fire company and rescue
426 squad, the chief of police, and the sheriff shall submit
427 to the commissioner of the revenue the names and length
428 of active volunteer service of members, auxiliary police
429 officers and police chaplains and auxiliary deputy
430 sheriffs who become inactive.
431 (4) No local vehicle license fee shall be charged for one (1)
432 motor vehicle owned and personally used by any disabled
433 veteran and each surviving spouse of a disabled veteran
434 who presents certification of such status from the U . S
435 Veterans Administration to the commissioner of the
436
437
438
439
evenue for qualification of such st-a- exempted from
paying an annual registration fee by Virginia Code §
46.2-739 (B) .
COMMENT
44 0 The existing language providing free vehicle registrations is changed to limit free registrations
4 41 to persons volunteering with Virginia Beach agencies.
442
443 To facilitate the DMV's administration of the local vehicle registration program, the existing
444 language concerning free vehicle licenses for disabled veterans has been revised to reflect the existing
4 45 state exemption (Virginia Code § 46.2-739); this change would, however, remove the existing local
4 46 exemption for remarried surviving spouses of disabled veterans.
447 Sec. 21-85. Disposition of fees generally.
448 All local vehicle license fees collected under this article
449 by the state department of motor vehicles shall be deposited into
450 a fiduciary account,— and held in trust for the city and ncrt
13
451
•
Each month, such fees shall be
452 delivered to the city treasurer, who shall credit such fees to the
453 general fund of the city.
454
COMMENT
455 This change reflects that the Department of Motor Vehicles anticipates that other localities will
456 request it to collect local vehicle license fees and that it cannot establish separate accounts for each
457 locality.
458 Sec . 21-86. Refund for unused portion of license fee.
459 Any person who has paid a current license fee, and who moved
460 out of state, or who disposes of the vehicle for which it was paid
461 and does not purchase another vehicle, may inform the state
462 department of motor vehicles, and request a refund for the unused
463 portion of the license fee paid under this article. The state
464 department of motor vehicles shall refund to the applicant a
465 prorated portion, in six-month increments, of the local vehicle
466 license fee, if application for the refund is made when six (6) or
467 more months are remaining in the license period, in the same manner
468 as provided by Code of Virginia § 46.2-688.
469 COMMENT
47 0 This change permits refunds to persons who moved out of Virginia. (Persons who move in -
4 71 state are not required to obtain a local vehicle license in the new jurisdiction as long as the current one
472 remains valid.)
473 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF
474 VIRGINIA BEACH, VIRGINIA:
475 That the provisions in this ordinance and ORD -2702, dated
476 June 11, 2002, amending and reordaining sections of Article III and
477 Article XI of Chapter 21 of the City Code shall be effective on
478 January 1, 2003.
479 Adopted by the City Council of the City of Virginia
480 Beach, Virginia, on this day of , 2002.
481 CA -8688
482 DATA/ODIN/PROPOSED/21-071addord.wpd
R13 - November 20, 2002
APPROVED AS TO CONTENT:
(4,(,c,tet fill
Finance Department
APPROVED AS TO LEGAL SUFFICIENCY:
Law Department
14
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: TRANSFER OF $300,000 FROM THE CITY TREASURER TO FINANCE
DEPARTMENT TO FUND LVR PROGRAM
MEETING DATE: November 26, 2002
Background:
In order to help implement the transitions to the new DMV Local Vehicle Registration (LVR)
process, the City needs to transfer $300,000 from the City Treasurer's budget (representing
the costs of the old decal system). On June 11, 2002, City Council approved a plan to
improve the local vehicle registration process by combining the local vehicle registration fee
with the state vehicle registration process. This request represents one of the steps the City
Manager needs to take. This transfer of funding will allow the City to switch from the current
process, which uses the sale of vehicle license decals to receive license fees and to collect
delinquent personal property taxes. Once transferred this funding will be used, to fund the
DMV process whereby the local vehicle license fees are collected by the state Department
of Motor Vehicles ("DMV").
Considerations:
Savings from not selling decals will cover the long-term costs for the DMV to mail and
process the local registrations. In FY 2003 there will be some startup costs in excess of the
money transferred from the Treasurer's budget (i.e., advertising and temporary salaries to
handle citizen questions), which will be covered using reserve funds. DMV will be handling
the 2003 local registration process, which frees up staff in the Treasurer's Office to
implement the Vehicle Registration Withholding Program.
Public Information:
Advertisement will be handled through the normal agenda process.
Alternatives:
1. Approve Request to transfer money from Treasurer's Budget to Finance Department to
fund transition.
2. Transfer money from Reserve for Contingencies into Finance to entirely fund transition
holding Treasurer's Budget harmless.
Recommendations:
Approve the transfer of $300,000 from the Treasurer's Operating Budget to the Department
of Finance to fund the Local -Vehicle -Registration program with DMV.
Attachments: Ordinance
Recommended Action: Approval
Submitting DepartmentlAgency: Management Services
City Manager:
1 AN ORDINANCE TO TRANSFER
2 $300,000 FROM THE FY 2002-03
3 CITY TREASURER'S OPERATING
4 BUDGET TO THE DEPARTMENT OF
5 FINANCE FY 2002-03 OPERATING
6 BUDGET TO COVER TRANSITION TO
7 THE LOCAL VEHICLE REGISTRATION
8 PROGRAM.
9
10
11 WHEREAS, On June 11, 2002, City Council approved a plan
12 to improve the local vehicle license process by combining the
13 local vehicle license fee with the state vehicle registration
14 process.
15 WHEREAS, $300,000 is available in the FY 2002-03 City
16 Treasurer's Operating Budget due to the implementation of this
17 initiative.
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20 That $300,000 is hereby transferred from the City
21 Treasurer's FY 2002-03 operating budget to the FY 2002-03
22 operating budget of the Department of Finance to provide
23 funding for the DMV to mail and process local vehicle
24 licenses.
25
26 Adopted by the Council of the City of Virginia Beach,
27 Virginia, on the
28
29 CA -8692
30 ordin/noncode/DMVDecal.ord
31 November 20, 2002
32 R3
APPROVED AS TO CONTENT:
Management Services
day of , 2002.
APPROVED AS TO LEGAL
SUFFICIENCY:
f
City Attorney's Office
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation
Easement and the Issuance by the City of its Contract Obligations in the
Maximum Principal Amount of $352,793 (Property of John G. Cromwell, Sr.
Trust and Richard Neubert)
MEETING DATE: November 26, 2002
Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance")
was adopted by the City Council for the purpose of promoting and encouraging the preservation
of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program
established by the Ordinance, the City purchases the development rights of eligible parcels of
land, leaving the fee simple ownership of the land unchanged. These purchases are embodied
by perpetual agricultural land preservation easements pursuant to which only agricultural uses,
as defined in the Ordinance, are allowed on the land.
The subject property has been appraised by an independent appraiser retained by the
City. The appraiser has determined the fair market value of the property, based upon twenty
six (26) comparable sales. From the fair market value, the value of the development rights has
been determined by subtracting $900 per acre, which has previously been established as the
farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern
rural area of the City. The resulting amount is the value of the development rights of the
property.
All offers by the City to purchase the development rights to property are expressly made
contingent upon the absence of any title defects or other conditions which, in the opinion of the
City Attorney, may adversely affect the City's interests, and other standard contingencies.
Considerations: The subject property consists of two (2) parcels of land having approximately
34.93 acres outside of marshland or swampland. It is owned by John G. Cromwell, Sr. Trust
and Richard Neubert. Under current development regulations, there is a total development
potential of five (5) single-family dwelling building sites, none of which would be reserved for
future development. Thus, the preservation easement acquired by the City would cover
approximately 34.93 acres. The site, which is shown on the attached Location Map, is located
on Indian River Road and Muddy Creek Road, in the District of Princess Anne. The proposed
purchase price, as stated in the ordinance, is $352,793. This price is the equivalent of
approximately $10,100 per acre of easement acquired.
The terms of the proposed acquisition are that the City would pay interest only for a
period of 25 years, with the principal amount being due and payable 25 years from the date of
closing. The interest rate to be paid by the City will be the greater of 4.75% per annum or the
per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to
fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.75%
without the further approval of the City Council.
The proposed terms and conditions of the purchase of the Development Rights pursuant
to the Installment Purchase Agreement, including the purchase price and manner of payment,
are fair and reasonable and in furtherance of the purposes of the Ordinance.
Recommended Action: Adoption
Submitting Department! envy: Department of Agriculture
City Manage. ...4 L Pest
Public Information: The ordinance has been advertised by publication in a newspaper
having general circulation in the City once per week for two successive weeks.
Alternatives: The City Council may decline to purchase the development rights to the
property.
Recommendations: Adoption of the ordinance and acquisition of the development rights,
assuming all contingencies are met.
Attachments: Summary of Material Terms of Installment Purchase Agreement (full
Agreement is on file in the City Attorney's Office)
2
1
2
3
4
5
6
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $352,793
WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for
$352,793; and
WHEREAS,
the
a purchase price
of
aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the City Manager or his designee is hereby
authorized to approve, upon or before the execution and
delivery of the Installment Purchase Agreement, the rate of
36 interest to accrue on the unpaid principal balance of the
37 purchase price set forth hereinabove as the greater of 4.75%
38 per annum or the per annum rate which is equal to the yield on
39 United States Treasury STRIPS purchased by the City to fund
40 such unpaid principal balance; provided, however, that such
41 rate of interest shall not exceed 6.75% unless the approval of
42 the City Council by resolution duly adopted is first obtained.
43 2. The City Council hereby further determines that
44 funding is available for the acquisition of the Development
45 Rights pursuant to the Installment Purchase Agreement on the
46 terms and conditions set forth therein.
47 3. The City Council hereby expressly approves the
48 Installment Purchase Agreement and, subject to the
49 determination of the City Attorney that there are no defects
50 in title to the property or other restrictions or encumbrances
51 thereon which may, in the opinion of the City Attorney,
52 adversely affect the City's interests, authorizes the City
53 Manager or his designee to execute and deliver the Installment
54 Purchase Agreement in substantially the same form and
55 substance as approved hereby with such minor modifications,
56 insertions, completions or omissions which do not materially
57 alter the purchase price or manner of payment, as the City
58 Manager or his designee shall approve. The City Council
59 further directs the City Clerk to affix the seal of the City
60 to, and attest same on, the Installment Purchase Agreement.
61 The City Council expressly authorizes the incurrence of the
62 indebtedness represented by the issuance and delivery of the
63 Installment Purchase Agreement.
64 4. The City Council hereby elects to issue the
65 indebtedness under the Charter of the City rather than
66 pursuant to the Public Finance Act of 1991 and hereby
67 constitutes the indebtedness a contractual obligation bearing
68 the full faith and credit of the City.
69 Adopted by the Council of the City of Virginia Beach,
70 Virginia, on this
71
72
73
day of , 2002.
Adoption requires an affirmative vote of a majority of
all members of the City Council.
74 CA8680
75 arppurchase/cromwell neubert/cromneuord.wpd
76 R-1
77 November 1, 2002
78 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
79 SUFFICIENCY:
80
81
4,\
WILAtAti
Agric lture Depart ent Law D partment
82 APPROVED AS TO AVAILABILITY OF FUNDS:
83 ' �y(O,ILL 'Lt tCeo,.
84 Finance Department
s.�� � ��: Cromwell&
Nuebert
0
o
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2002-51
SUMMARY OF MATERIAL TERMS
SELLER: John G. Cromwell, Sr. Trust and Richard Neubert
PROPERTY LOCATION: Indian River Road / Muddy Creek Road
PURCHASE PRICE: $352,793
EASEMENT AREA: 34.93 acres more or less
DEVELOPMENT POTENTIAL: 5 single-family dwelling sites (5 acquired)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 4.75% (actual rate to be determined when STRIPS are purchased prior to
execution of IPA). Rate may not exceed 6.75% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IPA date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of IPA.
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: Proposed Dedication of Property - The Lakes Subdivision
Property of Chesapeake Land Development, LLC
0.605 Acre - G P I N 1496-01-5423
MEETING DATE: November 26, 2002
Background: The subject property is one of four (4) properties in the Lakes subdivision that were
escheated to the Commonwealth of Virginia due to non-payment of taxes by the Lakes Homeowners
Association (now defunct). This particular parcel is designated as "RECREATION AREA • AREA =
0.811 AC." on the subdivision plat. The subject parcel was sold by the Commonwealth of Virginia to
Chesapeake Land Development, LLC on October 5, 1999.
On July 2, 2002, Dominion Virginia Power obtained an easement across the frontage of the subject
site for the relocation of its facilities in connection with the proposed widening of Lynnhaven Parkway
(Lynnhaven Parkway Phase IX • CIP 2-157). On July 31, 2002, the Virginia Department of
Transportation purchased a strip of property containing 0.206 acres, together with permanent and
temporary easements, from the subject parcel along its frontage on Lynnhaven Parkway in connection
with the referenced road widening project.
Chesapeake Land Development, LLC has offered to dedicate the remaining 0.605 acres of the site to
the City for municipal purposes.
Considerations: Very little of the original platted .811 acre site contained high ground. The majority
of the site is under water (as part of the "Lake" system of the Lakes Subdivision). The portion of the
site (0.206 acres) purchased by the Commonwealth of Virginia for the widening of Lynnhaven Parkway
contains the majority of the of the high ground within the site. Of the remaining 0.605 acres, only a
very small portion is high ground (adjacent to Riverbend Road). Because of its lack of high ground,
the Department of Parks and Recreation did not see any recreational use for the subject site.
However, the Department of Public Works would like to see the subject site incorporated into the City's
Storm Water Management System to provide maintenance access to the lake and an area for potential
wetlands creation to improve water quality. Therefore, it is requested that City Council accept the
dedication of this property to the City from Chesapeake Land Development, LLC. The assessed value
of the property is currently $500.00.
Public Information: Advertisement of City Council Agenda.
Alternatives: Refuse the dedication of the 0.605 acre site.
Recommendations: Accept the dedication of the 0.605 acre site.
Attachments:
Deed of Dedication
Ordinance
Location Map
Site Photographs
Recommended Action: Accept the Dedication of the 0.605 Acre Site
Submitting Department/Agency: Public Works/Real Estate ow ji�-
City Managea
--11'71012,
1 AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE
2 OF A DEDICATION OF A 0.605 ACRE PARCEL OF PROPERTY
3 IN FEE SIMPLE LOCATED AT THE INTERSECTION OF
4 LYNNHAVEN PARKWAY AND RIVERBEND ROAD IN THE
5 CITY OF VIRGINIA BEACH
6
7 WHEREAS, on October 5, 1999, Chesapeake Land Development, LLC purchased
8 at an escheat sale certain property (the "Property") described in Deed Book 4157, at page
9 0689 and containing 0.811 acres, located at the intersection of Lynnhaven Parkway and
10 Riverbend Road in The Lakes Subdivision in the City of Virginia Beach; and
11 WHEREAS, the Property was designated as "recreation area" on the subdivision plat
12 creating the site when The Lakes Subdivision was developed.
13 WHEREAS, on July 31, 2002, the Commonwealth of Virginia purchased a 0.206-
14 acre strip of land from the Property as described in Instrument No. 200208073013238 from
15 Chesapeake Land Development, LLC for the widening of Lynnhaven Parkway (VDOT
16 Project #U000-134-132, RANT 201); and
17 WHEREAS, Chesapeake Land Development, LLC has offered to dedicate the
18 remaining 0.605 -acre parcel to the City of Virginia Beach
19 WHEREAS, the Department of Public Works has determined that the Property is
20 suitable, inter alia, for storm water management purposes.
21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23 That the City Council authorizes the acceptance of the dedication of the
24 Property by Chesapeake Land Development, LLC to the City of Virginia Beach by Deed of
25 Dedication, pursuant to Section 15.2-1800, Code of Virginia of 1950, as amended.
26 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
27 of , 2002.
28
APP AS TO CONTENTS
_triti,c C. ti___
SIGNATURE
Ro fi:rd Fliok
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENC,Y�y�11VD FORM
f�ii�
� V,.fi�nXJV�_
fcrrY ATTORNEY
THIS INSTRUMENT PREPARED BY
VIRGINIA BEACH CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES UNDER
SECTIONS 58.1-811(A)(3) AND 58.1-811(C)(4);
REIMBURSEMENT AUTHORIZED PURSUANT TO SECTION 25-249
THIS DEED OF DEDICATION is made this I7t day of October, 2002, by and
between CHESAPEAKE LAND DEVELOPMENT, LLC, a Virginia limited liability company (the
"Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation ofthe Commonwealth
of Virginia (the "Grantee") .
WITNES SETH:
That for and in consideration of the mutual benefits accruing or to be accrued to the
Grantor and the Grantee, and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantor does hereby dedicate, grant and convey with GENERAL WARRANTY
and ENGLISH COVENANTS OF TITLE, unto the Grantee herein, the following described
property, to -wit:
All that certain lot, tract or parcel of land, together with the
improvements thereon belonging, lying, situate and being in the
City of Virginia Beach, Virginia and designated and described as:
"RECREATION AREA • AREA = .811 ACRE", as shown on that
certain plat entitled: "SUBDIVISION OF PROPERTY FOR THE
LAKES, INC.", said plat being recorded in the Office of the Clerk
ofthe Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 139, at Page 15, to which reference is made for a more
particular description. LESS AND EXCEPT that portion of the
property, containing 0.206 acres, acquired by the Commonwealth
of Virginia from the Grantor by deed dated July 31, 2002, and
recorded as Instrument No. 200208073013238, in the aforesaid
Clerk's Office.
5 GPIN 1496-01-5423
It being a portion of the same property acquired by the Grantor
from THOMAS M. TYE, by deed dated January 3, 2000, and
recorded in Deed Book 4197, at Page 1172, in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, Virginia.
This conveyance is subject to any public utility easements and restrictive covenants
of record, if any.
The Grantor covenants that it is seized in fee simple of the said property and has the
right to convey the said property to the Grantee; that it has done no act to encumber the same; that
it, the said Grantee, shall have quiet and peaceable possession of the same, free from all
encumbrances; and that CHESAPEAKE LAND DEVELOPMENT, LLC, the Grantor, will execute
such further assurances of title as may be requisite or necessary.
WITNESS the following signature and seal:
B
CHESAPEAKE LAND DEVELOPMENT, LLC, a
Virginia limited liability company,
2
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 17t day of October,
2002 by THOMAS M. TYE, Managing Member of CHESAPEAKE LAND„DE'VELOPMENT,
LLC. TF
My commission expires: �� 31, QO 3
APPROVED AS TO FORM
CITY ATTORNEY
3
Notary Public
ACCEPTED ON BEHALF OF
THE CITY OF VIRGINIA
BEACH
r
TY MANAGER OR HIS
DESIGNEE OR CITY REAL
ESTATE AGENT
'�0 �• f n Al ��� \\
ArggE/
r ,
A I
/
.. 1
LOCATION MAP SCALE : '1" = 1,600'
_ �ptN. EASE•
int a
iTN]
irreoh
f ff
ode
4.4S#
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LOCATION MAP
PROPOSED DEDICATION OF PROPERTY
TO THE CITY OF VIRGINIA BEACH
FROM CHESAPEAKE LAND DEVELOPMENT, LLC
THE LAKES SUBDIVISION
0.605 ACRE-GPIN 1496-01-5423
SCALE; 1" = 100'
THE LAKES.DGN M.J.S.
PREPARED BY PW ENG. CADD DEPT.
OCTOBER 29, 2002
Subject site looking Southeast on Riverbend Road. Lake portion of the site located beyond trees/shrubs.
Subject site looking North on Riverbend Road. Lake portion of the site located beyond trees/shrubs.
Looking Northeast. Intersection of Riverbend Road and Lynnhaven Parkway.
Portion of the subject site acquired by VDOT for the widening of Lynnhaven Parkway,
Looking due North. Lake portion of the site located beyond trees/shrubs.
Portion of the subject site acquired by VDOT for the widening of Lynnhaven Parkway.
Looking West. Part of the lake portion of the subject site.
Area to the left is the portion of the subject site acquired by VDOT.
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: No Interest Loan to Chesapeake Beach Volunteer Rescue Squad
MEETING DATE: November 26, 2002
Background:
For nearly 30 years the City of Virginia Beach has financially assisted the Volunteer Rescue
Squads utilizing several different programs. In addition to providing support for continuing
expenses such as fuel, insurance and small monthly stipends to offset operating expenses,
the City has provided no interest loans for the purchase of ambulances and squad trucks.
Under the loan program the rescue squads repay the City on a regular time table based on the
amount of the loan and their ability to repay based on fund drive yields. Historically this has
been considered established public policy for assisting the volunteer rescue squads.
Considerations:
The Chesapeake Beach Volunteer Rescue Squad is requesting a no interest loan in the
amount of $75,000.00 for the purpose of purchasing a replacement ambulance. High
maintenance costs and decreased reliability have dictated their decision.
Chesapeake Beach Volunteer Rescue Squad would like to repay the loan according to the
following schedule:
Year 2003: $ 6,000.00
Year 2004: $ 5,000.00
Years 2005 - 2008: $ 16,000.00 each year
The amount of annual repayment varies due to a recent roof replacement.
Public Information:
Public Information will be handled through the normal Council Agenda Process.
Alternatives:
The alternative to the no -interest city loan is the squad's acquisition of a commercial loan at
a high interest rate.
Recommendations:
The Department of EMS fully supports this request. We deem the proposed terms acceptable
and in line with other loans made from the Loans to Rescue Squads Program.
Attachments:
Correspondence from Chesapeake Beach Volunteer Rescue Squad
Recommended Action: Approval
Submitting Department/Agency:
City Manager,�4el
F:\Data\A
M�,�EyR�GENCY MEDICAL SERVICES
o� " L
Ordin\NONCODE\Chesapeake Rescue Squad.ord.wpd
1 AN ORDINANCE TO APPROPRIATE $75,000
2 FROM THE FUND BALANCE OF THE GENERAL
3 FUND FOR THE PURPOSE OF PROVIDING AN
4 INTEREST-FREE LOAN TO THE CHESAPEAKE
5 BEACH VOLUNTEER RESCUE SQUAD FOR THE
6 PURCHASE OF A REPLACEMENT AMBULANCE
7
8 WHEREAS, the Chesapeake Beach Volunteer Rescue Squad does not
9 presently have adequate funds to purchase a replacement ambulance,
10 but has represented that fund-raising efforts will provide
11 sufficient funds to repay an interest-free loan from the City of
12 Virginia Beach in the amount of $75,000.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 1. That $75,000 is hereby appropriated from fund balance in
16 the General Fund to provide funding for an interest-free loan to
17 the Chesapeake Beach Volunteer Rescue Squad to purchase a
18 replacement ambulance, with revenue increased accordingly in the FY
19 02-03 Operating Budget.
20 2. That this loan is to be repaid in installments over (6)
21 years, due on the 15th day of December each year, with the first
22 payment of $6,000 to be made on or before December 15, 2003; the
23 second payment of $5,000 to be made on or before December 15, 2004;
24 and the remaining balance paid annually in (4) equal installments
25 of $16,000, with the last payment to be made on or before December
26 15, 2008.
27 Adopted by the Council of the City of Virginia Beach,
28 Virginia, on the day of , 2002.
29 Requires an affirmative vote by a majority of the members of
30 the City Council.
CA -8687
data/noncode/Chesapeake rescue squad.ord
November 15, 2002
R3
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's •41ce
November 4, 2002
Chief Bruce Edwards
Department of EMS
1917 Arctic Avenue
Virginia Beach, VA 23451
Dear Chief Edwards;
Chesapeake Reach Volunteer Fire
and Rescue Department, Inc.
P.Q. Box 5674
Virginia Beach, Virginia 23455 • Tel. 460-7509
Chesapeake Beach Volunteer Fire and Rescue Dept. Inc. (CBVRS) is requesting a loan of $75,000 to
replace our aging ambulance unit 420.
420 is a 1992 Ford 350 chassis with a 1987 Wheel Coach Box. This box has been rechasied once due to
being in an accident in 1992. Due to its age and material condition, CBVRS has had to spend considerable amount
of funds to keep it operating. During the past year the air conditioning system failed forcing us to take it out of
service because of the cost to replace the entire system.
A new ambulance will cost approximately $75,000. We don't know as yet how much we can get for trade
in value on the old 420.
We would like to make payments for the next 2 years at a value of $6,000 the first year & $5,000 the
Second year due to paying back on an existing loan for replacing our roof. That loan will be paid back in 2004. We
would then pay $16,000 for the remaining 4 years.
Thank you for you consideration, any questions can be addressed to Ed Leonard.
Ed Leonard,
resident, CBVRS
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: An Ordinance to Appropriate $15,000 From the Fund Balance of the Francis
Land House Trust Fund to the FY 2002-2003 Operating Budget of the
Department of Museums and Cultural Arts to Provide Support for Programs,
Events, Exhibits, and General Operating Expenses at The Francis Land
House
MEETING DATE: November 26, 2002
Background:
The Friends of the Francis Land House is a group of interested volunteers that supports the
programs and activities of the Francis Land House through participation and donations. The
Friends of the Francis Land House organization provides monetary support for some of the
programs, exhibits and activities of the museums through membership dues, fund raising
projects and solicitation of cash donations from civic organizations and individuals. These
funds are maintained by the City of Virginia Beach in the Francis Land House Trust Fund.
There is a current balance of approximately $32,000 of unappropriated monies in the Trust
Fund.
This item was deferred from the November 12, 2002 Council meeting to allow staff sufficient
time to work with the Friends of Francis Land House to ensure funding would only support
programs, events, exhibits, and general operating expenses at the Francis Land House. All
references to the Adam Thoroughgood House and City support for operations have been
removed from the attached ordinance.
Considerations:
The Friends of the Francis Land House request an appropriation of monies in the Trust Fund
for FY2002/2003 for the purpose of providing support for programs, events, exhibits and
general operating expenses at the Francis Land House, and for the purpose of providing
services to the organization's membership. Appropriated funds will be specifically used for the
purchase of supplies and materials for both Friends activities and museum programs ($3,500);
paid advertising for special events ($1,500); printing of quarterly newsletter and postage for
mailing it and other member notices ($2,500); and, to purchase furnishings and historically
appropriate artifacts for public exhibit ($7,500).
Public Information: Information will be disseminated to the public through the normal
Council process involving the advertisement of City Council agenda and public hearings.
Alternatives: not appropriate the funds.
Recommendations: Adoption of attached ordinance
Attachments: Ordinance
Recommended Action: Adoption
Submitting De • artment/Agency: Department of Museums and Cultural Arts
City Manage
1 AN ORDINANCE TO APPROPRIATE $15,000
2 FROM THE FUND BALANCE OF THE FRANCIS
3 LAND HOUSE TRUST FUND TO THE FY
4 2002-2003 OPERATING BUDGET OF THE
5 DEPARTMENT OF MUSEUMS AND CULTURAL
6 ARTS TO PROVIDE SUPPORT FOR
7 PROGRAMS, EVENTS, EXHIBITS AND
8 GENERAL OPERATING EXPENSES AT THE
9 FRANCIS LAND HOUSE
10
11
12 WHEREAS, $15,000 of fund balance is available in the Francis
13 Land House Trust Fund.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 That $15,000 is hereby appropriated from the fund balance of
17 the Francis Land House Trust Fund to the FY 2002-2003 operating
18 budget of the Department of Museums and Cultural Arts to provide
19 support for programs, events, exhibits, and general operating
20 expenses at the Francis Land House, with estimated revenue
21 increased accordingly.
22 Adopted by the Council of the City of Virginia Beach, Virginia
23 on the day of , 2002.
CA -8671
Ordin/Noncode/Francis Land House.ord.wpd
R-2
November 20, 2002
Approved as to Content:
)4<)/ '
,r
Management Services
Approved as to Legal
Sufficiency:
7
5'.
Department of L w ) '
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: Employment Services
MEETING DATE: November 26, 2002
Background:
Item 363.2 of the FY 2003-2004 State Appropriations Act (Chapter 899) provided federal funds
from the Temporary Assistance for Needy Families (TANF) grant to eligible state and
community-based services. The City of Virginia Beach was allocated $252,677 in federal
funds to provide job retention and wage advancement services to TANF recipients.
Considerations:
The local plan which has been approved by the State includes: 1) development of a
partnership between the Virginia Beach Department of Social Services and a group of
dedicated employers who are interested in offering job opportunities and will address clients
in job readiness groups behaviors/skills needed for job retention/advancement, 2) purchase
of job coach services for the hardest to serve participants requiring support for the
maintenance of employment, and 3) exploring creative methods of providing transportation
services necessary for work. This may include working with a local non-profit organization to
facilitate low interest car loans, expanding utilization of private transportation providers,
approaching Hampton Roads Transit to contractually develop van routes in areas of the city
with no bus service, but with significant client population, and negotiating with day care centers
to expand their transportation to provide services on a client by client basis to and from homes.
No local match is required and the funding is for purchase of services only.
Public Information:
Public information will be handled through the normal council agenda process.
Alternatives:
Alternatives are limited due to the state requirements for the use of these funds.
Recommendations:
Receive and appropriate $252,677 in federal TANF funds.
Attachments:
Ordinance
Grant Award Letter
Recommended Action: Approval of attached ordinance
Submitting Department/A ency: Virginia Beach Department of Social Services
City Mana•
f. r�
atalATYlOrdinINONCODEIemployservarf.wpd
1 AN ORDINANCE TO ACCEPT AND
2 APPROPRIATE $252,677 OF FEDERAL
3 TEMPORARY ASSISTANCE FOR NEEDY
4 FAMILIES GRANT FUNDING TO THE FY
5 2002-03 OPERATING BUDGET OF THE
6 DEPARTMENT OF SOCIAL SERVICES TO
7 PROVIDE SERVICES
8 WHEREAS, the Virginia Beach Department of Social Services
9 was allocated $252,677 in federal Temporary Assistance for Needy
10 Families grant funds to provide job retention and wage advancement
11 services; and
12 WHEREAS, no additional City funding is required to obtain
13 the additional federal funding.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16 1. That $252,677 from the federal government is hereby
17 accepted and appropriated to the FY 2002-03 Operating Budget of the
18 Department of Social Services to provide job retention and wage
19 advancement services for eligible recipients.
20 2. That estimated revenue from the federal government is
21 hereby increased by $252,677.
22 Adopted by the Council of the City of Virginia Beach,
23 Virginia, on the day of , 2002.
24 Requires an affirmative vote by a majority of the members of City Council.
CA -8686
data/noncode/TANF.ord.wpd
November 15, 2002
R3
Approved As to Content:
rl
Management Services
Approved As To Legal
Sufficiency:
City Attorney Office
DATE: September 19, 2002
TO: Local Agency Directors, TANF Staff, and Regional Offices
FROM: Ray C. Goodwin, Acting Commissioner
SUBJECT: $6 Million in TANF Funding for Job Retention and Wage
Advancement
CONTACT: Mark Golden, Manager, Temporary Assistance for Needy Families
(TANF), (804) 692-1731, mxg2@dss.state.va.us
The state budget allocates $6 million for services as stated below:
The department shall allocate federal funds from the Federal
TANF Grant to eligible state and community-based services
in an amount up to $6,000,000 each year. The department
shall develop procedures for receiving and approving
requests for funding in accordance with the provisions of the
federal TANF grant.
The funds will be allocated to local agencies subject to the following
requirements:
• The funds must be used for the purposes of job retention and wage advancement of
TANF recipients or former TANF recipients in the period of ineligibility;
• Specifically, funds must be used for any of the following:
• job coaching;
• barrier identification, intervention, and accommodation;
• job skills development;
• expanding access to better jobs;
• job development;
• sectoral job strategies;
• creating employer consortiums;
• supportive services;
• employer outreach;
• job follow-up; and
• soft -skills development.
• The funds must be used for purchase of services.
• The funds will be distributed to local agencies on the basis of the Virginia Initiative
for Employment not Welfare (VIEW) allocation formula (75 percent of funds based
on the number of VIEW cases, 16.67 percent of the funds based on job entry, and
8.33 percent based on job retention). A chart showing agency allocations is
included in this broadcast.
1
• Agencies that receive an allocation of less than $200,000 will have to collaborate
with other agencies. To form a collaborative, at least three agencies must
collaborate or the allocation to the collaborative must be at least $200,000.
• LDSSs must file an application for the funds. The application is included with this
broadcast. Forms may be e-mailed to Mark Golden at mxg2(a,dss.state.va.us or
faxed to (804) 225-2321.
• For collaborations, please indicate in the application whether there will be one fiscal
agent, or if the funds should be distributed among the collaborating agencies.
• For those agencies that have previously submitted proposals for MedVIEW projects
and will implement such projects using these funds, the application must indicate
how the MedVIEW project will increase wages or job retention.
• Upon submission of each application, please submit a BF -12 request for the award
amount. As applications are approved, the corresponding budget request will be
approved in LASER.
Please be aware that these funds have been appropriated for the following biennium.
However, there are no guarantees that this funding will continue beyond that time.
A new budget line has been created for the use of these funds: 870. The Program
Number is 46209 and the Cost Code is 87001. Funds will be transferred to agency
accounts upon receipt of a satisfactory application.
So that performance can be measured, a minimal amount of reporting will be required.
We are designing a reporting mechanism to capture the necessary data. We anticipate
that reporting will be accomplished through an electronic form, and we will ask for case
numbers and employment barrier information for participating clients. Job retention and
wage advancement will then be determined by Central Office for the participating
clients. We will release additional details on reporting as soon as possible.
2
Local Agency
Allocation Per
VIEW Formula
Accomack $ 24,688.87
Albemarle $ 19, 828.31
Alleghany $ 29, 081.50
Amelia $ 6,060.70
Amherst $ 18, 352.40
Appomattox $ 20,174.07
Arlington $ 46,152.87
Augusta $ 30,068.86
Bath $ 1,044.79
Bedford $ 34,061.55
Bland $ 5,081.10
Botetourt $ 2,808.21
Brunswick $31,815.32
Buchanan $ 62,030.44
Buckingham $ 17,124.48
Campbell $ 42,954.46
Caroline $ 18, 973.39
Carroll $ 25,470.05
Charles City $ 1,975.73
Charlotte
$ 8,685.56
Chesterfield $ 105,484.18
Clarke $ 2,645.72
Craig
$ 49.40
Culpeper $ 25,361.86
Cumberland $ 10,194.29
Dickenson $ 37,126.34
Dinwiddie $ 20, 325.64
Essex $ 14,056.59
Fairfax $ 175, 755.43
Fauquier $ 17,221.20
Floyd
$ 9,459.87
Fluvanna $ 1,191.46
Franklin County $ 35,625.88
Frederick $ 8,899.88
Giles
9,829.93
Gloucester
$ 17,294.82
Goochland
$ 3,318.46
Grayson $ 13, 398.55
Greene
$ 5,413,86
Greensville $ 14,907.19
Halifax $ 45, 558.40
Hanover $ 14,476.84
Henrico $ 150,907.65
Henry
34,192.74
Highland
$ 577.78
Isle of Wight
27, 376.11
3
'James City
$ 17, 213.81
King and Queen
$ 3,612.56
King George
$ 5,451.31
King William
$ 3,853.00
Lancaster
$ 10, 858.57
Lee
$ 71,015.04
Loudoun
$ 34, 047.82
Louisa
$ 11,811.49
Lunenburg
$ 4,906.33
Madison
$ 3, 340.10
Mathews
$ 3, 286.41
Mecklenburg
$ 20, 356.23
Middlesex
Montgomery
Nelson
New Kent
$ 9,208.27
$ 64, 940.43
$ 3,624.53
$ 6,197.35
Northampton
Northumberland
$ 14, 747.46
$ 4,622.23'
Nottoway
$ 15,602.05
Orange
$ 14, 009.19
Page
Patrick
$ 10, 613.54
$ 30,556.75
Pittsylvania
$ 32, 392.64
Powhatan
$ 3,168.73
Prince Edward
$ 17, 082.29
Prince George
$ 8,500.68
Prince William
$ 246, 472.23
Pulaski
$ 31,559.01
Rappahannock $ 837.52
,
Richmond County $ 3,570.84
Roanoke
$ 31, 806.36
Rockbridge
$ 15, 667.24
Rockingham
$ 24, 715.71
Russell
$ 81,457.87
Scott
$ 31, 609.59
Shenandoah
$ 11,212.51
Smyth $ 37,440.75
Southampton $ 17,545.67
Spotsylvania $ 35,457.44
Stafford
$ 16, 062.46
Surry
$ 5,905.59
Sussex
$ 15, 567.43
Tazewell
$ 93,313.21
Warren
$ 27,160.01
Washington
$ 23, 832.53
Westmoreland
$ 19, 772.23
Wise
Wythe
$ 108,195.31
$ 36,979.20
York
$ 17,549.34_
4
Alexandria
$ 83,576.23
Bristol
$ 44, 090.87
Charlottesville
$ 78,224.09
Chesapeake
$ 208, 762.85
Covington
$ 10, 377.61
Danville
$ 110, 736.94
Franklin City
$ 18,983. 03
Fredericksburg
$ 26,225.13
Galax
$ 14,833.12
Hampton
$ 211,028.57
Harrisonburg
$ 33,628,80
Hopewell
$ 50,548.48
Lynchburg
$ 104,880.46
Manassas
• $ 23,297.35
Manassas Park
$ 5,154.12
Martinsville
$ 24,334.56
Newport News
$ 311, 596.17
Norfolk
$ 439,284.39
Norton
$ 19,254.80
Petersburg
$ 90, 394.64
Portsmouth
$ 251, 759.64
Radford
$ 12, 708.48
Richmond City
$ 608,668.97
Roanoke City
$ 199,021.73
Staunton
$ 29,819.27
Suffolk
$ _ 79791.78
Virginia Beach
$C___2_524.71 91
Waynesboro
$ 25,780.46
Williamsburg
$ 6,667.47
Winchester
$ 18,101.51'
5
TANF Job Retention/Wage Advancement Project
Name of Agency or Agencies:
Contact Person:
Check at least one: ❑ Job retention ❑ Wage Advancement
Vendor Name(s):
Fiscal Agent(s): List the agency or agencies that will serve as the fiscal agent(s)
for this project.
Description of Project: Please provide an explanation of the project. Include the
targeted service population, a description of services, how the services provided
will enhance job retention and/or wage advancement, number of participants to
be served, and anticipated outcomes.
6
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: Demetrious Kouloukis — Street Closure
MEETING DATE: November 26, 2002
Background:
Application of Demertrious Kouloukis for the discontinuance, closure and abandonment of a
portion of Admiral Wright Boulevard located on the east side of Euclid Street, 450 feet more
or less south of Virginia Beach Boulevard. Said parcel contains 15,111 square feet.
DISTRICT 2 — KEMPSVILLE.
This item was deferred at the November 12 City Council meeting at the request of the
applicant.
Considerations:
The applicant proposes to close a portion of Admiral Wright Boulevard and incorporate the
closed right-of-way into adjoining properties owned by the applicant. The applicant, who
owns all property adjacent to the right-of-way proposed for closure, operates an auto sales
business and an auto repair business. The applicant has stated that the right-of-way will be
incorporated in adjacent parcels, allowing currently separate business operations to be
consolidated.
The Planning Commission placed this item on the consent agenda because the Viewers
have concluded that this street closure will not result in a public inconvenience and there is
no identified public need for the portion of the right-of-way proposed for closure. The staff
recommended approval and there was no opposition to the request.
Recommendations:
The Planning Commission passed a motion by a unanimous vote of 11-0 to approve this
request, subject to the following conditions:
1. The City Attorney's Office shall make the final determination regarding ownership of the
Attachments:
Ordinance
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning DepartmentV
City Manager.�_ S �j...
�
Demetrious Kouloukis
Page 2 of 2
underlying fee. The purchase price to be paid to the City shall be determined according to
the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"
approved by City Council. Copies of the policy are available in the Planning Department.
2. The applicant is required to resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat shall be submitted and
approved for recordation prior to final street closure approval.
3. The area of closure is not an independent zoning lot and any use must comply with
zoning, subdivision and site plan ordinances.
4. The applicant shall verify that no private utilities exist within the right-of-way proposed for
closure. Preliminary comments from the utility companies indicate that there are Virginia
Natural Gas utilities within the right-of-way proposed for closure. If private utilities do exist,
easements satisfactory to the utility company shall be provided by the applicant.
5. Closure of the right-of-way shall be contingent upon compliance with the above stated
conditions within 365 days of approval by City Council. If the conditions noted above are
not accomplished and the final plat is not approved within one year of the City Council
vote to close the right-of-way this approval shall be considered null and void.
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS ADMIRAL WRIGHT BOULEVARD
AS SHOWN ON THAT CERTAIN PLAT ENTITLED:
"EXHIBIT SHOWING PROPOSED STREET CLOSURE OF
PART OF ADMIRAL WRIGHT BOULEVARD, VIRGINIA
BEACH, VIRGINIA, PREPARED BY TES, INC.,
TECHNICAL AND ENVIRONMENTAL SERVICES
SURVEYING DIVISION", dated April 22, 2002
WHEREAS, on November 12, 2002, Demetrious Kouloukis applied to the Council
of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed,
and vacated; and
WHEREAS, it is the judgment ofthe Council that said street be discontinued, closed,
and vacated, subject to certain conditions having been met on or before November 11, 2003;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the
hereinafter described street be discontinued, closed and vacated, subject to certain conditions being
met on or before November 11, 2003:
All that certain piece or parcel of land situate, lying and being in the
City of Virginia Beach, Virginia, designated and described as
"AREA OF STREET TO BE CLOSED = 15.111 SQ. FT. OR 0.346
ACRES" shown as the cross -hatched area on that certain plat entitled:
"EXHIBIT S95HOWING PROPOSED STREET CLOSURE FOR A
PART OF ADMIRAL WRIGHT BOULEVARD. VIRGINIA
BEACH, VIRGINIA" Scale: 1"= 40', dated April 19, 2002, prepared
by TES, Inc., a copy of which is attached hereto as Exhibit A.
SECTION II
The following conditions must be met on or before November 11, 2003:
1. The City Attorney's Office will make the final determination regarding ownership
of the underlying fee. The purchase price to be paid to the City shall be determined according to the
GPIN: 1467-95-3344, 1467-95-5259, 1467-95-7222, 1467-95-5171,1467-95-6125 and 1467-95-6255
"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,' approved by
City Council. Copies of said policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and
approved for recordation prior to final street closure approval.
3. The area of closure is not an independent zoning lot and any use must comply with
zoning, subdivision and site plan ordinances.
4. The applicant shall verify that no private utilities exist within the right-of-way
proposed for closure. Preliminary comments from the utility companies indicate that there are no
private utilities within the right-of-way proposed for closure. If private utilities do exist, the
applicant shall provide easements satisfactory to the utility companies.
5. Closure of the right-of-way shall be contingent upon compliance with the above
stated conditions within 365 days of approval by City Council. If all conditions noted above are not
accomplished and the final plat is not approved within one year of the City Council vote to close the
roadway, this approval will be considered null and void.
SECTION III
1. If the preceding conditions are not fulfilled on or before November 11, 2003,
this Ordinance will be deemed null and void without further action by the City Council.
2. If all conditions are met on or before November 11, 2003, the date of final
closure is the date the street closure ordinance is recorded by the City Attorney.
SECTION IV
3. A certified copy of this Ordinance shall be filed in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name 01 the CITY OF
VIRGINIA BEACH as "Grantor."
2
Adopted by the Council of the City of Virginia Beach, Virginia, on this day
of , 2002.
CA -8570
October 14, 2002
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Map D-7
-1ap Not to Scale
Demertrious Kouloukis
Street Closure
ZONING HISTORY
1. Conditional Use Permit (Auto Sales) — Granted 9/18/89 & 6/14/94
2. Conditional Use Permit (Auto Repair) — Granted 4/14/92
3. Conditional Use Permit (Auto Sales/Service) — Granted 9/28/99
4. Conditional Use Permit (Auto Sales) — Granted 1/9/89
5. Conditional Use Permit (Auto Sales) — Granted 5/26/92
6. Conditional Use Permit (Auto Sales/Service) — Granted 3/19/95
7. Conditional Use Permit (Recreational Vehicle Sales/Storage) — Granted
6/9/92
8. Conditional Use Permit (Auto Sales Service) & Street Closure (Jersey
Avenue) — Granted 3/14/00
DEMETRIOUS KOULOUKIS/ # 23
General Information:
APPLICATION D07 -210 -STC -2002
NUMBER:
REQUEST: Street Closure
ADDRESS:
ELECTION
DISTRICT:
SITE SIZE:
PURPOSE:
STAFF
PLANNER:
October 9, 2002
Portion of Admiral Wright Boulevard on the west side of Euclid Road,
450 feet south of Virginia Beach Boulevard
Map D-7
V,, N,, 1 . S _ d i
Demertrious Kouloukis
Street Closure
2- KEMPSV1LLE
15,111 square feet
To close a portion of Admiral Wright Boulevard and incorporate the
closed right-of-way into adjoining properties owned by the applicant.
Barbara Duke
Planning Commission Agenda
October 9, 2002
DEMETRIOUS KOULOUKIS/ # 23
Page 1
Land Use, Zoning,
and Site
Characteristics:
Existing Land Use and Zoning
The portion of Admiral Wright
Boulevard requested for closure is
currently paved. There is no curb
and gutter along the street edge
and there are parking spaces on
both sides of the street that back
out directly into the street. The
road dead -ends on the east side.
Brian Avenue, which connects to
the eastern end of the portion of Admiral Wright Boulevard proposed for closure, is an
unimproved paper street.
Surrounding Land Use and Zoning
North: • Auto Sales / B-2 Community Business District
South: • Auto Repair / B-2 Community Business
East: • Auto Sales and Service / B-2 Community
Business
West: • Office and Warehouse uses /1-1 Light Industrial
Zoning History
There have been numerous conditional use permits for auto related uses in the area
surrounding the right-of-way proposed for closure. The applicant, who owns all property
adjacent to the right-of-way proposed for closure, operates an auto sales business and
an auto repair business. The applicant's property to the north of the proposed closure
was granted a conditional use permit for auto sales in 1989 and again in 1994. The
applicant's property to the south of the proposed closure was granted a conditional use
permit for auto repair in 1992. Conditions are attached to the 1992 auto repair use
permit that state that no outside storage of parts or inoperable vehicles will be allowed
and no outside repair work will be done.
Public Facilities and Services
Water and Sewer
Water: There is no public water line within the right-of-way proposed for
closure
Sewer: There is no public sewer line within the right-of-way proposed for
closure
Public Works
The area proposed for closure is paved with asphalt.
Planning Commission Agenda
October 9, 2002
DEMETRIOUS KOULOUKIS/ # 23
Page 2
Public Safety
Police:
Fire and
Rescue:
No Comments.
No Comments
Private Utilities
Virginia Natural Gas has an existing gas line within the area proposed for closure.
Hampton Roads Sanitation District and Virginia Power have no facilities within this right-
of-way.
Comprehensive Plan
The Comprehensive Plan recommends this area for a variety of employment uses
including business parks, offices, appropriately located industrial and employment
support uses.
Evaluation of Request
The Viewers have concluded that this street closure will not result in a public
inconvenience and is acceptable. There is no identified public need for the portion of
right-of-way proposed for closure. The applicant has stated that the right-of-way will be
incorporated in adjacent parcels, allowing current separate business operations to be
consolidated. It is recommended that the street closure be approved with the conditions
listed below.
Conditions
1. The City Attorney's Office shall make the final determination regarding ownership
of the underlying fee. The purchase price to be paid to the City shall be
determined according to the "Policy Regarding Purchase of City's Interest in
Streets Pursuant to Street Closures," approved by City Council. Copies of the
policy are available in the Planning Department.
2. The applicant is required to resubdivide the property and vacate internal lot lines
to incorporate the closed area into the adjoining parcels. The plat shall be
submitted and approved for recordation prior to final street closure approval.
3. The area of closure is not an independent zoning lot and any use must comply
with zoning, subdivision and site plan ordinances.
4. The applicant shall verify that no private utilities exist within the right-of-way
proposed for closure. Preliminary comments from the utility companies indicate
that there are Virginia Natural Gas utilities within the right-of-way proposed for
closure. If private utilities do exist, easements satisfactory to the utility company
shall be provided by the applicant.
5. Closure of the right-of-way shall be contingent upon compliance with the above
stated conditions within 365 days of approval by City Council. If the conditions
noted above are not accomplished and the final plat is not approved within one
year of the City Council vote to close the right-of-way this approval shall be
considered null and void.
NOTE: Further conditions may be required during the
administration of applicable City Ordinances.
Planning Commission Agenda
October 9, 2002
DEMETRIOUS KOULOUKIS/ # 23
Page 3
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Planning Commission Agenda
October 9, 2002
DEMETRIOUS KOULOUKIS/ # 23
Page 4
APPLiCATi.. _1
STREET CLOSURE
CITY OF VIRGINIA t3rACII
PAG E '1 Or 4
DISCLOSURE STATEMENT
Applicant's Nara;e:{ _5 - - 0€ 10ia
List All Current •S -T i
Pruperty Owners: Fdd and Gtoiie dui Gid ateci etver r- e
Gui2urbon Flo dr09 C r r rf - 1 ck E I iitt Ct i P( Ciflci
Lord Co,
PROPERTY OWNER DISCLOSURE
If the property owner is .t CORPORATION, List all officers of the Corporation below: (Antic,' li.+, rl rrc�c_eas.sarr v)
fe,...dt4iLlai R. Re itv tta d 710 Cotir-4.6rdi
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list
all members or partners in the organization below: (Attach list if necessary)
IBJ Cheep here if the property owner is NOT a corporation, partnership, firm, or other unincorporated
organization.
If the applicant is not the current orti',:er of the property, complete the Applicant I)ixelnszue .section below:
PPLICANT DISCLOSURE
If the applicant is tt CORPORATION, list all officers of the Corporation below: (Attach list linecc .s rr 1)
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all
members or partners in the organization below: (Attache list ijnecessary)
Er Check here if the applicant is NO:I' ct corporation, partnership, 111m, Or est ei unirrc•f)l-l)m.ired ion
CERTIFICATION: 1 certify that the information contained herein is true (111(d accurate.
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Planning Commission Agenda 1'6
October 9, 2002
DEMETRIOUS KOULOUKISI # 23
Page 5
Item #23
Demetrious Kouloukis
Discontinuance, close and abandonment of
Admiral Wright Boulevard
East side of Euclid Street
District 2
Kempsville
October 9, 2002
CONSENT
Dorothy Wood: The next item is Item #23, Demetrious Kouloukis. Application for Mr.
Kouloukis for the discontinuance, closure and abandonment of a portion of Admiral
Wright Boulevard located on the east of Euclid Street, 450 feet south of Virginia Beach
Boulevard. It is in the Kemspville District and we have four conditions. Mr. Wright?
Grover Wright: Thank you. I'm Grover Wright. I'm a local attorney and I represent Mr.
Kouloukis. The conditions are acceptable as reworded as to number 3. The applicant
understands that this is not an independent zoning law and that any use of it must
conform to the subdivision ordinances, zoning ordinances and site plan ordinances. But
it isn't necessary that he get a Conditional Use Permit and that may not be the Use. It
may just be additional parking for the shopping center. I think Mr. Scott agrees that's
more appropriate.
Robert Scott: I do. We don't want to worry about a Conditional Use Permit that
contemplates the use unless it actually requires one. Mr. Wright has suggested this
alternative wording for number three. He prefers this wording and I'm okay with it. So I
suggest we go with it. It says "the area of closure is not an independent zoning lot. Any
Use must comply with Zoning, subdivision and site plan ordinances". It's pretty clear
and I'm okay with that.
Dorothy Wood: Thank you Mr. Scott. Is there any opposition to Item #23, the
application for the discontinuance on Admiral Wright Boulevard? Hearing none, Mr.
Din?
William Din: In this item, I think Planning Commission has agreed that there is no
inconvenience to the City on this item. The owner actually owns the property
surrounding this piece. And there is no curb or gutters through this and it's just being
used as a parking area. I think we agree that it should be consented.
Dorothy Wood: Thank you Mr. Din. Mr. Ripley, I would move to approve number 23
with four conditions.
Kay Wilson: Chairman Ripley?
Ronald Ripley: Yes.
Kay Wilson: Item #23 has five conditions.
Dorothy Wood: Thank you.
Ronald Ripley: That's what I have also. Okay. That's the motion. Do I have a second?
Donald Horsley: Second.
Ronald Ripley: Seconded by Don Horsley. Anybody have any discussion on any of
these matters? We're ready to vote.
AYE 11 NAY 0 ABSENT 0 ABS 0
ATKINSON AYE
BAUM AYE
CRABTREE AYE
Item #23
Demetrious Kouloukis
Page 2
DIN AYE
HORSLEY AYE
MILLER AYE
RIPLEY AYE
SALLE' AYE
STRANGE AYE
VAKOS AYE
WOOD AYE
Ronald Ripley: By a vote of 11-0, the motion passes.
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: Eucell Facen -- Conditional Use Permit
MEETING DATE: November 26, 2002
Background:
An Ordinance upon Application of Eucell Facen for a Conditional Use Permit for bulk
storage, auto storage and contractor storage yards on the southeast corner of Virginia Beach
Boulevard and Shipps Lane (GPIN 2417257861). Said parcel is located at 1345 Virginia
Beach Boulevard and contains 17,640 square feet. DISTRICT 6 — BEACH.
The purpose of this request is to operate a towing facility with two (2) tow trucks and for the
storage of up to 30 motor vehicles.
Considerations:
The proposal is to operate an auto storage facility (24 hours, 7 days a week), including
improvements to the site (renovate the existing structure and site, remove existing chain link
fencing, install landscaping and privacy fence).
The site is adjacent to a neighborhood of existing single-family homes. Providing for
additional heavy uses such as bulk storage will detract from the existing community and
could potentially adversely impact the quality of life of adjacent residents. The applicant has
been looking for property in this area in hopes of becoming an authorized tow company for
the Virginia Beach Police Department. Tow companies working for the Police Department at
the Oceanfront require operators to maintain facilities with an interior workspace and they
must also be located no further west than First Colonial Road. The existing AICUZ
restrictions also limit the potential uses to which this site may be put. While the applicant's
efforts to improve this vacant, unsightly property are commendable, staff does not feel that
the benefits of upgrading the property outweigh the negative impact this use may impose on
surrounding properties.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request
with the following conditions:
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends denial. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Departmentti,1
' 70Y33,City Manager:
Eucell Facen
Page 2 of 2
1. The motor vehicle storage yard shall be enclosed with Category VI landscaping, as
specified in the Landscape, Screening and Buffering Specifications and Standards for
the City of Virginia Beach.
2. The exterior of the building and the property shall be upgraded as depicted on the
elevations entitled, "Interstate Towing #1, #2, #3, #4 " which have been exhibited to the
City Council and are on file in the Planning Department.
3. The modifications to the site shall substantially conform to the submitted site plan
entitled, "Interstate Towing, Virginia Beach Boulevard," including but not limited to the
removing all chain fink fencing on the site, installing proposed landscaping and required
landscaping, resurfacing the existing asphalt, installing a solid privacy fence, and
providing only a single ingress/egress from Virginia Beach Boulevard, which has been
exhibited to the City Council and is on file in the Planning Department.
4. No storage of motor vehicles outside of the fenced areas identified on the plan, other
than two (2) tow trucks, shall be permitted.
5. No storage of motor vehicles in obvious state of disrepair shall be permitted outside of
the fenced areas identified on the plan.
6. Any freestanding sign shall be monument in style with a brick foundation to match the
building as closely as possible.
7. No barbed wire, razor wire or electrified fences shall be installed on the roof or walls of
any of the buildings or on any fencing on or surrounding the property.
8. All outdoor lighting shall be shielded to direct light and glare onto the premises, said
lighting and glare shall be deflected, shaded and focused way from all adjoining property.
Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet.
9. There may be no more than 30 motor vehicles allowed within the storage areas identified
on the submitted site plan.
10. No vehicles shall be parked within any portion of the public right-of-way.
EUCELL FACEN / # 20
General Information:
APPLICATION
NUMBER: K07 -210 -CUP -2002
REQUEST: Conditional Use Permit for bulk storage.
ADDRESS: 1345 Virginia Beach Boulevard
Map K-7
Map Not ,o Scale
November 13, 2002
Eucell Facen
Gpin 2417-25-7861
GPIN:
2417257861
ELECTION
DISTRICT: 6 — BEACH
SITE SIZE: 17,640 square feet
STAFF
PLANNER: Carolyn A.K. Smith
PURPOSE: To operate a towing facility with two (2) tow trucks and for the storage
of up to 30 motor vehicles.
APPLICATION The Planning Commission deferred this item at the October 9 meeting,
HISTORY: directing the staff to develop conditions that could be attached to the
use permit.
Major Issues:
Planning Commission Agenda
November 13, 2002
EUCELL FACEN / # 20
Page 1
Map K-7
Vap Not tc Scale
Gpin 2417-25-7861
ZONING HISTORY
1. Conditional Use Permit (auto storage facility) — Denied 1-28-97
2. Rezoning (B-2 Community Business District & A-12 Apartment District to
Conditional B-2 Community Business District) — Granted 5-25-99
Conditional Use Permit (mini warehouse) — Granted 5-25-99
3. Replacement of a Non -conforming Use -- Granted 3-28-95
• Degree to which the proposal is compatible with the surrounding land uses.
Land Use, Zoning,
and Site
Characteristics:
Existing Land Use and Zoning
There is an existing unoccupied
building on the site. There is also a
detached storage building in the
rear of the property. A heating,
ventilation and air conditioning
establishment was the last tenant
to occupy this site, which is
currently zoned B-2 Community
Business District.
Surrounding Land Use and Zoning
North: • Virginia Beach Boulevard
• Wooded site / B-2 Community Business District
South: • Single-family dwellings / R -5S Residential District
East: • Vacant lot, single-family dwelling / B-2 Community
Business District
West: • Retail / B-2 Community Business District
Zoning History
On January 27, 1997, the parcel to the east was denied a similar request for an auto
storage facility. Other activity in the vicinity includes a rezoning and Conditional Use
Permit to operate a mini -warehouse facility and a request for the replacement of a
nonconforming use.
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ of greater than 75dB Ldn and is within Accident Potential Zone
11 surrounding NAS Oceana.
Natural Resource and Physical Characteristics
This site is located in the Chesapeake Bay Preservation Area. There are no significant
natural resources on this site.
Public Facilities and Services
Water and Sewer
Water: There is a 12 inch main in Virginia Beach Boulevard. There is a 4
inch line in Shipps Lane. The site must connect with City water.
Sewer: There are 8 inch mains in Shipps Lane and in Virginia Beach
Boulevard. The site must connect with City water.
Planning Commission Agenda
November 13, 2002
EUCELL FACEN / # 20
Page 2
Transportation
Master Transportation Plan (MTP) / Capital Improvement Program (CIP):
Virginia Beach Boulevard in the vicinity of this application is a four (4) lane major
collector. No improvements are proposed for this portion of Virginia Beach
Boulevard.
Traffic Calculations:
Street Name
Present
Volume
Present
Capacity
Generated Traffic
Virginia Beach Boulevard
15,287
1
ADT
1
17,300 ADT
Existing Land Use 2 - 23
Proposed Land Use 3 - 23
1 Average Daily Trips
2 as defined by warehouse -type use
3 as defined by warehouse -type use
Public Safety
Police:
The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for
information on Crime Prevention Through Environmental
Design concepts and strategies.
Fire and The vehicle inventory shall be maintained without obstructing
Rescue: fire apparatus access.
Comprehensive Plan
The Comprehensive Plan identifies this parcel for retail, service, office, and other
compatible uses serving surrounding neighborhoods and communities.
Summary of Proposal
Proposal
• To renovate the existing structure and site, remove existing chain link fencing,
install landscaping and privacy fence to operate an auto storage facility (24
hours, 7 days a week).
Site Design
• The site plan depicts two (2) existing one (1) story structures on the property,
consisting of a building with work shop and office and storage space and a
storage building.
• The existing asphalt will be resealed and a six (6) foot privacy fence will
enclose the car storage area, which will be large enough for up to 30 vehicles.
The applicant has indicated the desire to gravel a portion of the storage area.
Planning Commission Agenda
November 13, 2002
EUCELL FACEN 1 # 20
Page 3
This request will require a wavier of improvements, which may be requested
should this application be approved.
Vehicular and Pedestrian Access
• Vehicular access is proposed via the existing 30 foot wide driveway off of
Virginia Beach Boulevard. No access is requested along Shipps Lane, the
road that serves the adjacent residential neighborhood.
Architectural Design
• The applicant has stated that the west elevation will be repainted white.
Shutters will be added to the facade facing Virginia Beach Boulevard.
• The existing sign will remain but will be altered to accommodate the
applicant's business logo, etc.
Landscape and Open Space Design
• The site plan depicts foundation plantings proposed along the northern and
western facades and streetscape landscaping along Virginia Beach
Boulevard.
• The required Category VI buffer (privacy fence and evergreen shrubs) is
depicted surrounding the majority of the storage area.
• There is an existing solid fence along the southeast corner of the storage
area that the applicant desires to retain. There is existing vegetation outside
of this fence; however, if the site to the east is cleared, staff is unable to
predict how much of this vegetation would remain.
• A 15 foot wide, Cateory IV buffer (mix of evergreen trees and shrubs) is
required along the southern property line. Category IV is shown on the plan
along a portion of this boundary; however, due to the location of the existing
storage building and the solid privacy fence that serves as a screen (albeit not
vegetative), the applicant desires a variance to a portion of this landscaping
requirement. The Board of Zoning Appeals is the proper body to act on that
request.
Evaluation of Request
The request for a Conditional Use Permit for a bulk storage yard is not acceptable.
Several variances will be required to accomplish the plan as depicted. The Site Plan
Ordinance requires that all parking areas be improved unless specifically waived by the
Planning Director. A written request must be submitted to the Planning Director for the
use of gravel in the storage areas. Section 228 of the Zoning Ordinance requires that
the motor vehicle storage yard be enclosed with Category VI landscaping. Category VI
includes evergreen shrubs and a six (6) foot high fence that cannot be installed any
closer than 35 feet from the western property line. The plan depicts the proposed fence
at approximately six (6) feet from the property line; therefore, a variance from the Board
of Zoning Appeals (BZA) must be obtained. In addition, the applicant would like to
Planning Commission Agenda , s
November 13, 2002
EUCELL FACEN / # 20
Page 4
retain an existing eight (8) to ten (10) foot high privacy fence currently along portions of
the eastern and southern property lines (southeast corner of the site). A BZA variance
is required as this existing fence is directly on the property line with no space for the
required evergreen shrubs. As noted above in the report, there is existing vegetation
outside of this fence; however, if the site to the east is cleared, staff is unable to predict
how much of this vegetation would remain. Lastly, Section 903 (b) requires Category IV
(mix of trees and shrubs) along the southern property line to provide a buffer between
B-2 commercial uses and residential uses. Category IV is shown on the plan along a
portion of this boundary; however, due to the location of the existing storage building
and the solid privacy fence that serves as a screen (albeit not vegetative), the applicant
must pursue a variance to a portion of this landscaping requirement. Again, the Board
of Zoning Appeals is the proper body to act on that request.
The site is adjacent to a neighborhood of existing single-family homes. Providing for
additional heavy uses such as bulk storage will detract from the existing community and
could potentially adversely impact the quality of fife of adjacent residents. The applicant
has been looking for property in this area in hopes of becoming an authorized tow
company for the Virginia Beach Police Department. Tow companies working for the
Police Department at the oceanfront require operators to maintain facilities with an
interior workspace and they must also be located no further west than First Colonial
Road. The existing AICUZ restrictions also limit the potential uses to which this site
may be put. While the applicant's efforts to improve this vacant, unsightly property are
commendable, staff does not feel that the benefits of upgrading the property outweigh
the negative impact this use may impose on surrounding properties. Staff recommends
denial of the request.
If this request should be approved, the following conditions are recommended:
Conditions
1. The motor vehicle storage yard shall be enclosed with Category VI landscaping,
as specified in the Landscape, Screening and Buffering Specifications and
Standards for the City of Virginia Beach.
2. The exterior of the building and the property shall be upgraded as depicted on
the elevations entitled, "Interstate Towing #1, #2, #3, #4 " which have been
exhibited to the City Council and are on file in the Planning Department.
3. The modifications to the site shall substantially conform to the submitted site plan
entitled, "Interstate Towing, Virginia Beach Boulevard," including but not limited
to the removing all chain Zink fencing on the site, installing proposed landscaping
and required landscaping, resurfacing the existing asphalt, installing a solid
privacy fence, and providing only a single ingress/egress from Virginia Beach
Boulevard, which has been exhibited to the City Council and is on file in the
Planning Department.
4. No storage of motor vehicles outside of the fenced areas identified on the plan,
other than two (2) tow trucks, shall be permitted.
5. No storage of motor vehicles in obvious state of disrepair shall be permitted
outside of the fenced areas identified on the plan.
6. Any freestanding sign shall be monument in style with a brick foundation to
match the building as closely as possible.
Planning Commission Agenda
November 13, 2002
EUCELL FACEN / # 20
Page 5
7. No barbed wire, razor wire or electrified fences shall be installed on the roof or
walls of any of the buildings or on any fencing on or surrounding the property.
8. All outdoor lighting shall be shielded to direct Tight and glare onto the premises,
said lighting and glare shall be deflected, shaded and focused way from all
adjoining property. Any outdoor lighting fixtures shall not be erected any higher
than fourteen (14) feet.
9. There may be no more than 30 motor vehicles allowed within the storage areas
identified on the submitted site plan.
10. No vehicles shall be parked within any portion of the public right-of-way.
NOTE: Further conditions may be required during the
administration of applicable City Ordinances. The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes. Conditional use permits must be
activated within 12 months of City Council approval. See
Section 220(g) of the City Zoning Ordinance for further
information.
Planning Commission Agenda %�
November 13, 2002
EUCELL FACEN ! # 20
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Planning Commission Agenda
November 13, 2002
EUCELL FACEN # 20
Page 7
•
Existing Building
Building After
Modifications
Planning Commission Agenda
November 13, 2002
EUCELL FACEN I # 20
Page 8
Planning Commission Agenda
November 13, 2002
EUCELL FACEN / # 20
Page 9
APPLICATIC" PAGE 4 OF 4
CONDITIONAL USE PERMIT
CITY OF VIRGINIA BEACH
Applicant's Name: eti
List All Current
DISCLOSURE STATEMENT
Property Owners: �`'`o,`t'�
Nye- A ^14)07L= ry
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list f nieces ►ti i')
co
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, ih)t
all members or partners in the organization below: (Attach list if
Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated
organization.
If the applicant is not the current owner of the property, complete the Applicant Diselestire section below:
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all
members or partners in the organization below: (Attach list if necessary)
C3 Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization.
CERTIFICATION: 1 certify that the information contained herein is true and accurate.
ice
Print Name
Planning Commission Agenda
November 13, 2002
EUCELL FACEN / # 20
Page 10
Item #11
Eucell Facen
Conditional Use Permit
South east corner of Virginia Beach Boulevard and
Shipps Lane
1345 Virginia Beach Boulevard
District 6
Beach
October 9, 2002
REGULAR
Robert Miller: The next item is Item #11, Eucell Facen.
David Hay: Good afternoon Mr. Chairman and members of the Planning Commission.
My name is David Hay and I have the pleasure of representing the applicant Eucell
Facen. He prefers to be called Facen. So you don't get into that problem with his name.
That's what his friends call him. That's what everybody calls him. He's got an
application for a Conditional Use permit for a bulk storage yard, west of Birdneck Road.
He doesn't want a temporary use or anything like that. It's at 1345 Virginia Beach
Boulevard in the Atlantic Park neighborhood on the south side of Virginia Beach
Boulevard. My client's primary purpose is to relocate the towing facility that he had
previously for 14 years at Monroe Avenue and Virginia Beach Boulevard. And he was
leasing from his landlord Billy Chaplin, who I understand sold part of that property for
the Pavilion expansion and my client for the last year has been looking for another
permanent location. He thought he had a permanent location before for a storage yard.
He is a small businessman. He only has two tow trucks. He has one other employee and
they do shifts for towing. The Conditional Use Permit is limited to only thirty vehicles
on this site. Your Planning staff very happily pointed out the primary issue they felt was
involved in this matter. That is whether it's compatible with the surrounding
neighborhood. And the surrounding neighborhood really is the neighborhood south of
his property. The Atlantic Park single family neighborhood. Because most of the
properties that front on Virginia Beach Boulevard and Atlantic Park on either the south
side or north side of Virginia Beach Boulevard are zoned B-2. And many have
Conditional Uses. Not bulk storage uses but conditional uses. And, I explained that to
Mr. Facen before he hired me that he really needed to get support from the neighborhood
and he did that. He went to Mrs. Faye Strong and she lives right, if I can work this. I'm
not going to say that I' m a redneck. But anyway, she lives right there. And this is the
property. And, she is in support of this application. She has looked over the plan that he
submitted with the landscaping and with the entranceway. There's only going to be one
entrance way. No entranceway off the two streets that border this and that being St.
Paul's on one side and Shipps Lane on the other side. There's only one 30 -foot entrance
from Virginia Beach Boulevard. They went around the neighborhood and they got over
80 percent favorable support. And, they got a petition signed from the neighbors. Now, I
want to limit that because Ms. Strong will verify. They only went up to see the residents
on both sides of St. Paul's Street and Shipps Lane. So I do have that to introduce the
petition. The vehicle access shall have no impact on the neighborhood. That's one of the
things that is referenced in the Planning Department's comments. It is in the loudest and
most accident potential zoned according to the AICUZ restrictions. If you review the
principal uses in B-2, it's doubtful under the current circumstances whether this property
could be used for many other uses in B-2 without a Conditional Use Permit based on that.
My client doesn't have a fleet of trucks. I've already gone over there. He assures me
there's not going to be a continuance flow of traffic in and out of this. He's a small
businessman. He simply wants to relocate his business west of Birdneck Road out of the
gateway area as they call it. And continue to make an honest living. The other issues are
current surrounding uses whether there's a carpet place right beside this, carpet and tile. I
think Ms. Strong can address that. There's a boat repair shop on the west. And there's
some other B-2 uses too. Mr. Facen will tell you what limitations the State and City
places on what he can and cannot do. And, we'll let him do that now. So, he could go
over those.
Eucell Facen: Good afternoon.
Item #11
Eucell Facen
Page 2
Ronald Ripley: Could you state your name?
Eucell Facen: I'm sorry, Eucell Facen.
Ronald Ripley: Thank you.
Eucell Facen: Like David was saying, I'm a small business. I've been in business for 14
years. I run two tow trucks. We average between five and seven cars a day. That adds
to about 30 cars a week. Eighty percent of it is a 24-hour turnover. When the customer
comes in and picks his car up within 24 hours. Ten percent of that is accidents, where the
insurance company picks up within 20 days of the accident. The other ten percent of the
abandoned vehicles. Within 15 days, I send out a certified registered letter to the owner
and lien holder to pick up. Within that, they have seven days to pick up their vehicle. If
not, then they go straight to either the scrap yard or for auction. The process basically
takes between 30-45 days on abandoned vehicles. We remove them. And, this is under
Section 46.2-1202 and 43.32, and basically I'm kind of nervous. Excuse me. Again,
Interstate was founded and established in the resort area down on Monroe Avenue as
David Hay was telling you. I had a 30 -day notice to leave. That was the only notice that
I had. It has taken me about a year to find a place that's compatible to what I'm doing.
Again, within the 24-hour span, you're talking about seven cars. We're not talking about
a fleet of trucks coming in and out continuously. I've been a two -truck operation for
about five or six years and I'm comfortable with it. I'm not looking to expand to 4, 6, 8
trucks. And you probably never even heard of me. Interstate Towing. And, I've been
west of the new police station on 17`h and Monroe, on a one-way street which there is an
apartment complex directly across with homes next to me. And, we've become a tight
community where they will call me. Some of the residents have worked for me and they
embrace me. And basically that is what I have to say. Any questions?
Ronald Ripley: Any questions of Mr. Facen? Yes, Bob?
Robert Vakos: It's 30 vehicles at one time. That's what you're asking for. So, if seven
per day is the maximum, so every four days is that how it is going to work on average?
Eucell Facen: On an average, pretty much 24-hour as far as the tum over, eighty percent
of it.
Robert Vakos: Okay. And though that 80 percent, that's coming from the Oceanfront
primarily?
Eucell Facen: That's coming from the City of Virginia Beach whether it's state police.
Robert Vakos: It's not the most of it coming from the Oceanfront right now as far as, the
City clearing out their parking lot. Is that the kind of distance that you do?
Eucell Facen: I'm not on that list currently.
Robert Vakos: Oh, you're not. Okay. So, where does the 80 percent come from. I'm
just curious.
Eucell Facen: Private properties in the resort area and some off of Birdneck and further
to First Colonial and the interstate.
Robert Vakos: So, private lots.
Eucell Facen: Correct.
Robert Vakos: In the Beach Borough. Okay. And, it's still no more then seven vehicles
a day?
Eucell Facen: I'm a small company.
Item #11
Eucell Facen
Page 3
Robert Vakos: Now that doesn't seem like very many if you got two trucks. That's only
three trips a day or three and half trips a day.
Eucell Facen: Well, you put me on the spot. I drive during the day and I do maybe two
cars. I'm a little lazy but I do about two cars, three cars myself. And I have a night
driver and he pulls in about five on an average.
Robert Vakos: That doesn't seem like very many to me. Okay, I guess there's a need for
this and it's a question that I'm going to ask the staff. But, you've looked at other sites?
Eucell Facen: Yes, for the past year.
Robert Vakos: And this is the best one you come up with. Okay. Thank you.
Eucell Facen: Thank you.
Ronald Ripley: Mr. Miller has a question.
Robert Miller: Mr. Facen
Eucell Facen: Oh, I'm sorry.
Robert Miller: Even without a lot for a year you said, where are you towing then now,
currently towing them?
Eucell Facen: On the other side of First Colonial.
Robert Miller: You have a lot there or is that something you're leasing.
Eucell Facen: That's something I'm leasing on a temporary basis until I find.
Robert Miller: Where is that please?
Eucell Facen: That is at 1801 Virginia Beach Boulevard.
Robert Miller: Can you help in London Bridge? I mean Oceana?
Eucell Facen: It's just past First Colonial.
Robert Miller: Okay.
Eucell Facen: Just past First Colonial.
Ronald Ripley: Are you buying this site or are you leasing?
Eucell Facen: Well, I'm going to lease and after five years I have the option of buying
which I'm planning on buying after five years.
Ronal Ripley: Some other speakers?
Robert Miller: Yeah, we have a Ms. Sadie Strong.
Sadie Strong: Good afternoon. My name is Sadie Faye Strong. Some people call me
Faye. Some people call me Sadie so it's Sadie Faye. I am the property owner of 240
Shipps Lane, which is adjacent to where Mr. Facen wants to put his business. I have no
objection to him putting his business there. I'm also the Chairperson of my civic
organization, where I'm not speaking in their behalf because we haven't polled the whole
neighborhood. We did poll whole St. Paul and Shipps Lane like he said. Eighty percent
of the neighbors were in agreement with Mr. Facen putting his business there. We like
the landscaping that he is going to do to the area and we are hoping that will improve the
Item #11
Eucell Facen
Page 4
area just a little bit because right now it really is an eyesore. And Mr. Hay was talking
about the carpet and tile place, which is a sore issue with us neighbors on Shipps Lane.
Because its access is off of Shipps Lane and he has tractor -trailers coming in there. But
Mr. Facen will be accessing from the Boulevard, Virginia Beach Boulevard, so we are in
complete agreement Mr. Facen putting his business there. Any questions?
Ronald Ripley: Any questions? Thank you.
Robert Miller: We have one more speaker. Mr. George Doyle who doesn't know if he's
in support or opposed.
George Doyle: That's another issue.
Betsy Atkinson: Different issue.
Robert Miller: It's on another issue?
George Doyle: It's not for this.
Robert Miller: Okay.
Ronald Ripley: You got them mixed up.
Robert Miller: Thank you.
Robert Vakos: Mr. Chairman, I have a question for staff. Steve? The Police
Department's requirement that these type of facilities, they tow for the Police Department
are no further west than First Colonial Road. So, that kind of limits the geographic area
of these type of facilities. And, I guess the question is if we deny him, what do they do?
Where do they go? Because I know even on a private piece of property in order to tow it,
you have to call the Police Department to arrange for storage and the common
impoundment and I guess the logic behind no further west is if they are towed from the
Oceanfront they don't have too far to walk to get there. But my question is if we deny
these, where do they go? If in fact they've got to be east of First Colonial Road?
Stephen White: Well, the way I can answer that is there are probably and I know there
are, spots that are east of First Colonial recommended by the Comprehensive Plan that
are more appropriate for this type of use. The issue that we have with this location is
specifically we have a Comprehensive Plan which calls for neighborhood serving retail
office type of uses. The uses that you have along this stretch of the corridor right now
aren't all of that nature. And, the Plan, the vision of the Plan is to transform this corridor
to protect that neighborhood, a neighborhood that is stressed in a lot of ways. Some of
which are directly contributable to the types of uses that we have on that stretch of
Virginia Beach Boulevard. So, our recommendation to you is based upon that vision of
the Plan to try to get more neighborhood type of retail uses. We think there are more
appropriate locations that can still meet the needs of Mr. Facen and if we have to sit down
and help him try to find some of those sites, we'll be glad to do that. But, we don't think
this is the site.
Robert Vakos: Okay. My next question has to do with the write up. Normally, we get
these write ups and even when there's a recommendation for denial, there are listed
conditions in case we are inclined to approve it.
Stephen White: Somehow, I knew you would ask that.
Robert Vakos: This one's not in there.
Betsy Atkinson: I was getting ready to ask the same questions.
Ronald Ripley: I was too.
Item #11
Eucell Facen
Page 5
Robert Vakos: So, I guess at some point if the Commission is inclined to approve it, we
either need to come up with recommendations or defer it and let staff come up with some
recommendations because otherwise, it's not here. There are bits and pieces but there's
none in here.
Ronald Ripley: I agree with you. I don't know what the pleasure of the Commission is at
this point.
Robert Miller: Why don't we ask either Stephen or Carolyn to come up and answer that
and just tell us what conditions if there were to be.
Stephen White: I don't know if we could come up with conditions on the spot right now.
If you want to hold on this matter to get us, we could do that for you. And you come
back to this and we'll have those conditions for you. I don't think there are conditions we
can stand here right now and tell you what they are.
Robert Vakos: And you know, maybe taking it a step further. If in fact, we do decide to
defer this and come up with some conditions, maybe in the mean time you can meet with
Mr. Facen and come up with some of those locations you're talking about. Because I
sure don't know where they are right now.
Stephen White: Okay. Sure.
Ronald Ripley: Are you talking about deferring this?
Robert Vakos: Well, if the applicant's willing to do it, he needs to come. We could do it,
I guess democratically, but I would rather wait and see if the applicant is amenable to
deferring it based on coming up with some conditions. Because he will have re -do them
anyway.
Ronald Ripley: Yes, he will.
Robert Vakos: So, Mr. Hay, could you comment on that for us?
David Hay: My suggestion here is to see what conditions you all can come up with.
From talking to him, it just appears to me he's looked all over the place in this area to try
to find an appropriate location. I like to know what location he's talking about too. The
property next door was denied only because the applicant was so hard headed he
wouldn't put landscaping up further from Michael Arborson's house and Mr. Arborson
has had an ongoing battle with the City on a lot of issues but if he pulled his fence back
and moved the landscaping away from Mr. Aborson's house, he probably could have
gotten approval on this back in 1997. So, you got a situation where you got Ms. Strong
who's going to be impacted more than anyone. She lives right behind this towing area.
And, she is in favor of what he is proposing. So, you can list other properties. I don't
know where they are.
Robert Vakos: So, are you in agreement with a deferral? I don't have any conditions
right now.
David Hay: I'm agreeing today and let's have conditions but not deferred to next month.
Because I don't think you're going to find any other properties.
Robert Vakos: Okay.
Ronald Ripley: Well, I don't think it's fair to staff and I realize it's not fair to you
probably have to wait. It's not fair to the staff to have to throw together a bunch of
conditions that may or may not work in some instances. And, I think you need an
opportunity to look at those conditions carefully also because there may be a word or
something that you don't want in there to, so to act in haste would probably work against
everybody.
Item #11
Eucell Facen
Page 6
David Hay: Yes sir.
Ronald Ripley: Betsy?
Betsy Atkinson: Ron? Stephen, could we also move this quickly to Council so that they
won't lose any time. In other words, if we expedite to Council, you'll still be at Council
the same time. You would if we deferred it for 30 days. We just make the time period
quicker to get to Council.
David Hay: That would be great.
Stephen White: We could do that.
Ronald Ripley: Okay.
Donald Horsley: Ron?
Ronald Ripley: Yes Don?
Donald Horsley: What is the First Colonial deal? What's wrong with Oceana? Isn't
there any property in the Industrial Park that can be used for storage of vehicles?
Stephen White: I'm not aware of what the First Colonial rule is other than Mr. Vakos'
observation.
Robert Vakos: It's in the write up.
Betsy Atkinson: It's in the write up.
Stephen White: I'm not aware of why the Police Department says.
Donald Horsley: Can we get an explanation on that before next meeting? Yeah, I like to
know.
Stephen White: Our City attorney is smiling. Maybe she knows the reason.
Kay Wilson: I might try to give you a complete explanation. I know it comes out of the
towing rules that are being revised and have been before Council numerous times here.
I'll make sure that we'll have an answer for as to what those rules actually are at the next
meeting.
Ronald Ripley: Okay.
Donald Horsley: And before we finish, I failed to ask Ms. Strong a question. I've got a
question for her.
Robert Miller: Wait a minute. Mr. Facen, do you have some input on that First
Colonial?
Eucell Facen: Yes. Well, the situation is that they don't want any one walking from the
Oceanfront any further than First Colonial. They feel that's far enough for someone to
have to walk that far. They think past that is too far.
John Baum: They'll be good and sober by that time.
Donald Horsley: They will really be in good shape by the time they get to Oceana won't
they.
Ronald Ripley: Alright.
Donald Horsley: Can I ask Ms. Strong a question?
Item #1 1
Eucell Facen
Page 7
Ronald Ripley: Yes. Ms. Strong, please come up.
Sadie Strong: Yes.
Donald Horsley: Why would you want to live by a tow yard?
Sadie Strong: It's not that I want to live by a tow yard but I feel that Mr. Facen, because
he's a small businessman to put his business. He needs to relocate and I felt like that was
an opportunity for him to relocate with property there and then increase the value of the
landscaping on the property that's there now. I don't necessary want to live by a tow
company, but if that's where he needs to relocate his business.
Donald Horsley: I didn't know what was going on there was so intrusive. You're so
against it you pretty well take anything. I mean, what's going on there now?
Sadie Strong: There's nothing there?
Donald Horsley: Nothing going on there.
Sadie Strong: There used to be an air conditioning business there.
Donald Horsley: So, there's nothing going on there now, but I got your answer.
Ronald Ripley: Okay. Let's open this up this to discussion.
Robert Miller: I, think what concerns me here and we like to be fair with everybody that
you end up in one of these situations where I feel like we're being a little unfair with Mr.
Facen. How much time if a delay, and this potentially is not a long delay, because it
would go on to City Council. Is this something that is okay with you and I feel, again
that needs to be asked. Is there any contractual issue or anything else that you haw with
regard to the property that would cause a problem. Obviously, you got to go through City
Council as everybody is saying. I think we're recommending that would happen but
there is a possibility that it might not because we don't control City Council and the
ultimate outcome of what they would hear and what they would not hear.
Eucell Facen: I don't think I understand.
Robert Miller: Any contractual issues with regard to buying the property?
David Hay: No contractual issues as far as the property.
Robert Miller: So you could wait?
David Hay: Until October?
Robert Miller: To City Council, which will be November?
Eucell Facen: That will be fine.
Ronald Ripley: Okay. Thank you all very much. Can we get a motion to defer?
Eugene Crabtree: I'll make a motion to it first.
Dorothy Wood: Second
Ronald Ripley: Gene Crabtree has made a motion to deferral. And we have a second by
Dot Wood.
John Baum: This one was a lot more straight forward then the last one was.
Ronald Ripley: Planning Commission is ready to vote.
Item #1 1
Eucell Facen
Page 8
AYE 11 NAY 0 ABSENT 0 ABS 0
ATKINSON AYE
BAUM AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
MILLER AYE
RIPLEY AYE
SALLE' AYE
STRANGE AYE
VAKO AYE
WOOD AYE
Ronald Ripley: By a vote of 11-0, the motion passes. Thank you.
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: Wawa, Inc. — Conditional Use Permit
MEETING DATE: November 26, 2002
Background:
An Ordinance upon Application of Wawa, Inc., a Pennsylvania Corporation, for a Conditional
Use Permit for gasoline sales in conjunction with a convenience store on the north side of
Virginia Beach Boulevard, west of North Lynnhaven Road (GPIN 1497266065). Said parcel
is located at 2954 Virginia Beach Boulevard and contains 2.871 acres. DISTRICT 5 —
LYNNHAVEN.
The purpose of the application is to permit the operation of eight gas pumps in conjunction
with a 5,900 square foot convenience store.
Considerations:
The proposed convenience store and gas pumps are located on the western portion of the
site. The gas pump canopy will be fronting on Virginia Beach Boulevard and the
convenience store is located behind the canopy. A stormwater management facility is
located in an area of green space on the eastern portion of the site.
The design of the WaWa store is in conformance with the retail design guidelines and will be
complimentary to the surrounding area. The site plan includes open space areas at both the
western and eastern ends of the site where areas of existing trees will be preserved, helping
to retain some of the original character and unique qualities of this site.
Staff recommended approval of the request. There was opposition to the application. The
Planning Commission directed the applicant to meet with the opposition prior to the City Council
hearing.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 to approve this reques
with the following conditions:
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval. /
Submitting De•artment/AgenQy: Planning Department��//%
City Manage'� S
Wawa, Inc.
Page 2 of 2
1. There shall be only one vehicular entrance on Virginia Beach Boulevard and an exit only
on the western part of the site. The entrance to the site opposite the existing median
crossover shall be centered on the median crossover and shall be 40 feet in width at the
property line. This entrance shall be marked for two twelve (12) foot lanes exiting the site
(left and right) and a sixteen (16) foot lane entering the site. The entrance shall have 25 -
foot radial flares.
2. There shall be right and left turning lanes on North Lynnhaven Road at the site's access
point on North Lynnhaven Road.
3. A variable width right-of-way reservation along North Lynnhaven Road shall be provided
for an ultimate roadway width of 70 feet as shown on the Master Transportation Plan. No
parking or structures may be located within the reservation area. Setbacks for the
stormwater management facility and the building shall be measured from the ultimate
right-of-way width.
4. Revisions to the landscape plan in the form of additional plantings and revisions to the
stormwater management plan in the form of additional pollutant removal measures shall
be required during the detailed review of the site plan to mitigate for Chesapeake Bay
Preservation Area buffer encroachment.
5. A five foot wide on-site pedestrian walkway from the sidewalk along Virginia Beach
Boulevard to the convenience store shall be provided. Where the walkway crosses a
drive aisle, it shall be distinguished from the driving surface by using brick pavers,
stamped asphalt or similar treatment.
6. With the exception of conditions 1 through 5 above, the site shall be developed in
substantial accordance with the site plan entitled "Conceptual Site Layout and Landscape
Plan for WaWa @ 2954 Virginia Beach Boulevard" dated August 8, 2002 and prepared
by MSA, PC. A copy of this site plan has been exhibited to City Council and is on file in
the Planning Department.
7. Lighting on the site shall be the minimum necessary for site security. A detailed lighting
plan shall be submitted as part of the formal site plan submission for review by the Police
Department to determine consistency with Crime Prevention Through Environmental
Design (OPTED) principles and practices.
8. The building and canopy shall be developed in substantial accordance with the
architectural elevations entitled "WaWa Food Market, Virginia Beach Boulevard and North
Lynnhaven Road" dated July 16, 2002 and prepared by Lynchmartinez Architects, LLC.
A copy of the elevation has been exhibited to City Council and is on file in the Planning
Department.
9. Tree preservation areas shall be clearly marked with appropriate tree protection barriers
prior to any land disturbance occurring on site.
Map H-7
r•1.5p No, to Scale
WaWa Inc.
Gpin 1497-26-6065
ZONING HISTORY
1. Conditional Use Permit for auto repair — Granted 1/14/92
2. Rezoning from B-2 and R-10 to Conditional B-2 and Conditional Use
Permit for auto sales -- Denied 11/14/00
3. Conditional use Permit for auto sales — Granted 9/1/8/89 and 8/26/97
WAWA INC. / # 13
October 9, 2002
General Information:
APPLICATION H06 -210 -CUP -2002
NUMBER:
REQUEST: Conditional Use Permit for Gasoline Sales in conjunction with a
Convenience Store
ADDRESS: 2954 Virginia Beach Boulevard
GPIN:
ELECTION
DISTRICT: 5 - LYNNHAVEN
SITE SIZE: 2.871 acres
14972660650000
STAFF
PLANNER: Barbara Duke
PURPOSE: The purpose of the application is to permit the operation of eight gas
pumps in conjunction with a 5,900 square foot convenience store.
Major Issues:
• The proposed site is a highly visible location in a heavily traveled corridor.
The degree to which the proposed land use will impact the existing traffic
flows and the aesthetics of the site are concerns.
Planning Commission Agenda
October 9, 2002
WAWA INC. / # 13
Page 1
Land Use, Zoning, and
Site Characteristics:
Existing Land Use and Zoning
There is an old residence and an
existing furniture store operating on
the western portion of the site.
There is a temporary display of palm
trees for sale on the eastern portion
of the site. The temporary
landscape sales operation was
granted a peddler's permit for a
period of six months ending on
December 25, 2002.
Surrounding Land Use and Zoning
North: • Office Buildings and Shopping Center/ B-2
Community Business District
South: • Virginia Beach Boulevard
East: • City of Virginia Beach Pump Station / B-2
Community Business District
West: • Retail shops / B-2 Community Business District
Zoning History
The subject site has been used for commercial purposes since 1922, one year after
Virginia Beach Boulevard was opened as a new route to the oceanfront. The site was
established as a way station/restaurant known as the Lynnhaven Inn or Pine Tree
Inn/Tandom's and operated as such for over 75 years until the restaurant building was
demolished in early 2001. The retail sales building was added to the site in 1934. The
surrounding area contains other established commercial sites. Most of the zoning
activity in the surrounding area has been concentrated at the southeast and southwest
corners of the intersection of North Lynnhaven Road and Virginia Beach Boulevard as
shown on the zoning history map.
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ of 70-75dB Ldn surrounding NAS Oceana.
Natural Resource and Physical Characteristics
The site has two buildings, the retail shop fronting on Virginia Beach Boulevard and an
old residence behind the shop that fronts on North Lynnhaven Road. There are areas
of broken asphalt pavement and concrete where the restaurant building and parking lot
previously stood. There are several mature trees scattered around the site and along
the western edge of the site, most of which are pine trees. The existing buildings will be
demolished with this proposal.
The Chesapeake Bay Preservation Area (CEPA) impacts the site because there is a
tidal ditch adjacent to the east of the site that feeds into a creek on the north side of
North Lynnhaven Road. Buffer areas for the ditch feature extend onto the eastern edge
of the site, near the proposed stormwater management facility. Also, buffer areas for
the creek itself extend onto the northwest corner of the site. The land disturbance within
these buffer areas does not require a variance from the Chesapeake Bay Preservation
Area Board, but buffer restoration and stormwater management pollutant removal
Planning Commission Agenda
October 9, 2002
WAWA INC. / # 13
Page 2
efficiencies will be required to exceed CBPA minimum performance standards during
site plan review.
Public Facilities and Services
Water and Sewer
Water: There is a 20 inch main in N. Lynnhaven Road fronting the north
side of the property and in Virginia Beach Boulevard fronting the
south side of the property. There is a 16 inch main on the south
side of Virginia Beach Boulevard fronting the south side of the
property. The site has an existing 5)8 inch meter that may be
upgraded.
Sewer: There is a 10 inch main in Virginia Beach Boulevard fronting the
south side of the property. There is a 12 inch main in N. Lynnhaven
Road fronting the north side of the property. The site is already
connected to City sewer.
Transportation
Master Transportation Plan (MTP) / Capital Improvement Program (CIP):
Virginia Beach Boulevard in the vicinity of this application is an eight (8) lane divided
major urban arterial. There are no projects listed to improve this facility in the FY
2002-2003 Capital Improvement Program.
North Lynnhaven Road in the vicinity of this application is a two (2) lane collector. It
is identified on the Master Transportation Map as a 70 foot wide undivided roadway
with a bike path. Improvements to construct a four lane undivided facility at this
section of roadway were requested but not funded in the FY 2002-2003 Capital
Improvement Program under CIP 2-130 North Lynnhaven Road. The existing North
Lynnhaven Road right-of-way along this site varies in width. At the western edge of
the site, the right-of-way is very narrow and measures between 23 feet and 30 feet
in width widening to approximately 60 feet near the eastern edge of the site. A
variable width right-of-way reservation of between 20 and 30 feet will be required
along North Lynnhaven Road to accommodate the future improvements identified on
the Master Transportation Plan and in the CIP.
Traffic Calculations:
Street Name
Present
Volume
Present
Capacity
Generated Traffic
Virginia Beach Boulevard
45ADT
56,240 ADT 1
Existing Land Use 2 - 1,579 ADT
3 -
Proposed Land Use 5,000
ADT
North Lynnhaven Road
12ADT
11,100 ADT
' Average ally Trips
2 as defined by 550 trips/acre x 2.871 acres for commercial use
3 as defined by 5,913 sq. ft. Convenience Store with Gasoline Pumps
Public Safety
Police: This site is located in the Third Police Precinct, zone 321. The
Planning Commission Agenda
October 9, 2002
WAWA INC. /#13
Page 3
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 Requirements for fire protection will be addressed during site
Rescue: plan and building permit review for this site.
Comprehensive Plan
The Comprehensive Plan policies for the Little Neck Planning Area generally support
commercial uses that do not disrupt or adversely impact stable adjoining
neighborhoods. The Plan policies also embrace development proposals that promote
economic vitality and recognize the legitimate need for compatible neighborhood
support activities.
Summary of Proposal
Proposal
• The applicant is proposing to demolish the two existing buildings on the site
and construct a new 5,900 square foot convenience store, eight gas pumps
under a canopy and a parking lot with 78 spaces.
Site Design
• The proposed convenience store and gas pumps are located on the western
portion of the site. The gas pump canopy will be fronting on Virginia Beach
Boulevard and the convenience store is located behind the canopy. A
stormwater management facility is located in an area of green space on the
eastern portion of the site.
• The gas pump canopy will be set back 40 feet from Virginia Beach Boulevard.
• The building is set back 70 feet from the existing right-of-way at North
Lynnhaven Road. It appears that the building will be able meet the minimum
35 foot set back at North Lynnhaven Road when taking into account the right-
of-way reservation that is required for the ultimate width of 70 feet as shown
on the Master Transportation Plan.
• The parking planned for the site is well in excess of zoning ordinance
requirements for this type of use. The zoning ordinance requires 30 spaces
and the site plan shows 78 spaces.
Vehicular and Pedestrian Access
• Currently the site has three access points on Virginia Beach Boulevard and
two on North Lynnhaven Road. The proposed plan will reduce the number of
access points on both Virginia Beach Boulevard and North Lynnhaven Road.
Two access points are proposed on Virginia Beach Boulevard and one
access point is proposed on North Lynnhaven Road.
404 .8F-4
Planning Commission Agenda 6�▪ ��. �}
October 9, 2002
WAWA INC./ # 13 °• °�:-••°•
Page 4
• There is an existing median cut with a left turn lane at the proposed eastern
entrance on Virginia Beach Boulevard.
• There is an existing sidewalk along Virginia Beach Boulevard in front of this
site.
• There is no sidewalk on either side of North Lynnhaven Road in the location
of this site. There is a small stretch of sidewalk east of this site, on the north
side of North Lynnhaven Road that provides pedestrian access to the
shopping center located northeast of the site.
Architectural Design
• The submitted architectural elevations are similar to those used with other
WaWa stores recently constructed in the city. The elevations meet the retail
design guidelines outlined in the City Zoning Ordinance.
• The building will be red brick with a gray Dutch seam metal roof.
• The canopy columns will be white steel with a 2 foot red brick base. The
canopy roof will be a sloped gray Dutch seam metal roof to match the
building. There are eight gasoline pump islands under the canopy.
Landscape and Open Space Design
• The proposed site plan includes open space and tree preservation features
as well as the required street front landscaping. In lieu of providing the
standard required parking lot interior landscaping and foundation landscaping
along the building frontage, additional landscape areas are shown along the
perimeter of the site. Credit is given for the preservation of existing trees
within these areas.
• Several existing pine trees along the western edge of the site are identified for
preservation within an area measuring between 20 feet and 35 feet wide.
• At the northwestern corner of the site, within the CBPA buffer area, an
existing stand of trees close to North Lynnhaven Road is shown for
preservation.
• The entrance on North Lynnhaven Road is proposed in approximately the
same location as the existing entrance, and several large pine trees along the
roadway east of this entrance will remain and are shown for preservation.
• The open space area on the eastern portion of the site measures over 1/2 acre
in size. 7,500 square feet of the open space area will be utilized for a dry
pond to meet stormwater management requirements. Several large existing
trees surrounding the dry pond are shown for preservation on the site plan.
The plan also shows that additional trees and shrubs will be planted in this
area, mostly along the side fronting Virginia Beach Boulevard.
• Revisions to the design of the dry pond and landscaping/tree preservation
areas shown within the CBPA buffer areas in the eastern green space area
and the northwest corner of the site will be necessary to satisfy the buffer
encroachment requirements of the Chesapeake Bay Preservation Area
Planning Commission Agenda
October 9, 2002
WAWA INC. / # 13
Page 5
Ordinance.
Evaluation of Request
The request for a conditional use permit for a convenience store and gas pumps is
acceptable; however, some changes to the site plan are necessary to ensure that traffic
flow in the area is not adversely impacted. Turning volumes for the proposed use are
expected to be high and will create the need for a right and left turning lane into the site
from North Lynnhaven Road. This roadway is currently carrying traffic over the capacity
it is designed for and a lack of turn lanes will cause additional delays and potential
safety problems with vehicles stopped or slowing to turn into the site. The proposed
road improvements to widen this section to four lanes are also essential to the future
functioning of this roadway, and therefore, the applicant will be required to reserve right-
of-way for the ultimate 70 -foot width shown on the Master Transportation Plan. In
addition, some changes to the entrance layout on Virginia Beach Boulevard are
necessary to ensure that the traffic flow along this major arterial is not hindered.
The design of the WaWa store is in conformance with the retail design guidelines and
will be complimentary to the surrounding area. The site plan includes open space areas
at both the western and eastern ends of the site where areas of existing trees will be
preserved, helping to retain some of the original character and unique qualities of this
site. The conditional use permit for a convenience store and gas pumps is
recommended for approval with the following conditions.
Conditions
1. There shall be only one vehicular entrance on Virginia Beach Boulevard and an
exit only on the western part of the site. The entrance to the site opposite the
existing median crossover shall be centered on the median crossover and shall
be 40 feet in width at the property line. This entrance shall be marked for two
twelve (12) foot lanes exiting the site (left and right) and a sixteen (16) foot lane
entering the site. The entrance shall have 25 -foot radial flares.
2. There shall be right and left turning lanes on North Lynnhaven Road at the site's
access point on North Lynnhaven Road.
3. A variable width right-of-way reservation along North Lynnhaven Road shall be
provided for an ultimate roadway width of 70 feet as shown on the Master
Transportation Plan. No parking or structures may be located within the
reservation area. Setbacks for the stormwater management facility and the
building shall be measured from the ultimate right-of-way width.
4. Revisions to the landscape plan in the form of additional plantings and revisions
to the stormwater management plan in the form of additional pollutant removal
measures shall be required during the detailed review of the site plan to mitigate
for Chesapeake Bay Preservation Area buffer encroachment.
5. A five foot wide on-site pedestrian walkway from the sidewalk along Virginia
Beach Boulevard to the convenience store shall be provided. Where the
walkway crosses a drive aisle, it shall be distinguished from the driving surface
by using brick pavers, stamped asphalt or similar treatment.
6. With the exception of conditions 1 through 5 above, the site shall be developed in
substantial accordance with the site plan entitled "Conceptual Site Layout and
Landscape Plan for WaWa @ 2954 Virginia Beach Boulevard" dated August 8,
Planning Commission Agenda
October 9, 2002
WAWA INC. /#13
Page 6
2002 and prepared by MSA, PC. A copy of this site plan has been exhibited to
City Council and is on file in the Planning Department.
7. Lighting on the site shall be the minimum necessary for site security. A detailed
lighting plan shall be submitted as part of the formal site plan submission for
review by the Police Department to determine consistency with Crime Prevention
Through Environmental Design (OPTED) principles and practices.
8. The building and canopy shall be developed in substantial accordance with the
architectural elevations entitled "WaWa Food Market, Virginia Beach Boulevard
and North Lynnhaven Road" dated July 16, 2002 and prepared by Lynchmartinez
Architects, LLC. A copy of the elevation has been exhibited to City Council and
is on file in the Planning Department.
9. Tree preservation areas shall be clearly marked with appropriate tree protection
barriers prior to any land disturbance occurring on site.
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.
Planning Commission Agenda
October 9, 2002
WAWA INC. /#13
Page 7
Planning Commission Agenda
October 9, 2002
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Planning Commission Agenda
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WAWA INC. ! # 13
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Planning Commission Agenda E
October 9, 2002
WAWA INC. / # 13
Page 13
APPLICATION PAGE 4 OF 4
CONDITIONAL USE PERMIT
CITY OF VIRGINIA BEACH
DISCLOSURE STATEMENT
Applicant's Name: Wawa, Inc. , a New Jersey corporation
List All Current
Property Owners: Pine Tree Inn Associ tes, L.L.C., a Virginia limited liability company
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary)
J.E. Causey Davis
U. Cullen Davis
Katherine Davis Moore
Bank of America, NA, Trustee under Will of J. E. Clayton Davis, Deceased
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list
all members or partners in the organization below: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation. partnership, firm, or other unincorporated
organization.
f the applicant is not the current owner of the property, complete the Applkant Disclosure section below:
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary)
SEE ATTACHED LIST OF OFFICERS
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all
members or partners in the organization below: (Attach list if necessary)
Q Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization.
CERTIFICATION: 1 certify that the information contained herein is true and accurate.
Wawa, Inc.
-4
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Print Name
Planning Commission Agenda
October 9, 2002
WAWA INC. /# 13
Page 14
WM! IN�
Corporate Officers
President and Chief
Executive Officer
Executive Vice President
Administration and Finance
Executive Vice President -
Supply Chain, Marketing
and Human Resources
Senior Vice President - Law and
Government Relations,
General Counsel and Secretary
Richard D. Wood, Jr.
Edward H. Chambers
Howard B. Stoeckel
Vincent P. Anderson
Senior Vice President +- Real Estate Joseph C. Losak
Assistant Secretary
Senior Vice President - Store Henry J. McHugh
Operations
Senior Vice President - Safety, Thre du Pont
Quality Assurance and Finance
Vice President - Human Resources Karen J. Casale
Vice President — Petroleum Supply James K. Bluebello
Assistant Secretary and Treasurer Anne Marie Murray
Assistant Secretary Mark N. Suprenant
Assistant Secretary Roxanne Arena
Planning Commission Agenda
October 9, 2002
WAWA INC./ # 13
Page 15
Item #13
Wawa, Inc., A Pennsylvania Corporation
Conditional Use Permit for gasoline sales
2954 Virginia Beach Boulevard
District 5
Lynnhaven
October 9, 2002
REGULAR
Robert Miller: The next item is Item #13, Wawa, Inc, a Pennsylvania Corporation.
Eddie Bourdon: Thank you Mr. Chairman. For the record, Eddie Bourdon, a Virginia
Beach attorney representing and a privilege and pleasure of representing Wawa on what
will hopefully be the sixth facility that they will be building in our wonderful City. This
property is as you are all well aware it's in a very visible location, the former location of
Pine Tree Inn as I referred to it this morning as Palm Tree, since they're doing temporary
selling of palm trees on the property. The property is 2.8 acres in size located on Virginia
Beach Boulevard just to the west of its intersection with North Lynnhaven Road. In
addition to having the restaurant on the property, there is an existing residence and
another business there that all of that will be going away with this proposal. The store is
a little bit larger than the other Wawa stores that have been built or are going to be built
in the City. It will employ between 50-60 full time and part time employees. As I think
you are all aware, Wawa is recognized as the premier company in the industry. They
have health benefits, education benefits for their employees. They are all company
owned stores, not franchises. I think everyone who's been and experienced Wawa
understands that they truly are a step above what we had in the City in the past as far as
convenience stores are concerned. This proposal on this 2.8 acre piece of property
preserves over a dozen large mature trees. There's close to an acre, it's actually about
eight tenths of an acre of open space that will remain primarily on the eastern end of the
property towards the corner with North Lynnhaven and Boulevard next to the City's
pump station where our BMP will be. We have since we just got the conditions here in
the last week. And many of them were changes from what we had originally planned.
We had gone ahead and done a plan that incorporates all but one of the conditions. And
we're here today to agree to all of the conditions except for one, which we'll talk about in
a second. But, I will pass this around to you, the principal change involves North
Lynnhaven Road. But, as you look at it, you will be able to see all the significant open
space to the east and also back in the northwest corner of the property where we are
preserving the stand of trees and again, there are over a dozen large specimen trees that
are going to be preserved as well. We had lost some of the specimen trees but they were
going to be lost anyway with the future widening of Lynnhaven Road, North Lynnhaven
Road. We are with this plan, as the conditions require, widening of the section of the
road behind the site. Part of it is already widened towards the east but as you head west,
it's not. We're widening it and adding turn lanes both left and right off of North
Lynnhaven Road, which I think is a needed improvement and will certainly be a benefit
to people traveling that road. But, I'm going to pass this around so you can see how the
changes per the conditions have been incorporated into the plan. The other thing we've
done is portions of this property are in the landward 50 feet of the 100 -foot resource
protection area buffer of the Chesapeake Bay Preservation Area Ordinance and we
maintained all of the improvements outside that buffer. There are no improvements on
the property within the resource protection area and that is why there is no necessity to go
before the Chesapeake Bay Preservation Area Board for a variance. But, we will be in
the RMA and we will comply with their water quality requirements under the ordinance.
This application and the fact that Wawa was looking at this site have been well
documented in the newspaper for over a year. We have entertained a number of calls.
Talked to a lot of people in the community and we've had nothing but positive responses.
The same has been the case where we've met with civic leagues in other parts of the City
to explain the Wawa application. The Little Neck Peninsula is just one of the areas that
this facility will serve as well as all the traffic on Virginia Beach Boulevard. At the
peninsula there is not any commercial on the Little Neck Peninsula except for a Citgo gas
station and a 7 -Eleven. Other than that, there is no other commercial out there. All of the
conditions that staff has recommended with one exception is acceptable to my clients. I
Item#13
Wawa, Inc., A Pennsylvania Corporation
Page 2
think you all know about how attractive their buildings are and I'm not going to spend a
lot of time going through all of that. They are beautiful buildings. The one condition
that is problematic to us is the condition that requires that we eliminate on Virginia Beach
Boulevard the western most access. Currently, the property has three ingress/egress
points from Virginia Beach Boulevard and two ingress/egress points from North
Lynnhaven Road. With this application, we're reducing on North Lynnhaven Road the
access points to one and on the Boulevard we have proposed now to reduce the access
points to one and half. By one and a half ingress/egress full ingress/egress at the eastern
entrance where there's a median break and at the western where we previous had an
ingress/egress point, Steve, if you could put the, Ashby, the site plan up there. Here at
the west, what we would like to do is to simply have an exit only on to the Boulevard
going right out west -bound Virginia Beach Boulevard. If you look here, again, this plan
still similar to the one that we are passing around but we pushed every thing back and
eliminate some parking here with the 70 foot right-of-way off North Lynnhaven that
we're providing for now. But, what you got is a situation where we do have a potential
for some cut through traffic here. And, with the volume of business that this store will
do, we are somewhat concerned with stacking here to leave the site and go out on the
Boulevard. And, we believe it will be very beneficial to on site circulation to have an
exit only here on Virginia Beach Boulevard. Not an entrance but an exit to help alleviate
any potential problem that may exist in the future with stacking here. It's a very large site
and by reducing the ingress/egress points that currently exist from three to pull in and out
down to one in and out plus the exit only and again, the back from two down to one
which will be full access with left hand turn and right hand turn. We think that will
adequately accommodate and safely accommodate traffic both on Lynnhaven and on the
Boulevard as well as internally. To limit it to just these two, I think that does present
some potential traffic problems in terms of stacking in the area in front of the store and
the gas sales. So, that's the only condition that staff has recommended that we're not in
agreement with and we come as far as we think it's feasible to come in that regard by just
having an exit only on the western end of the site. Again, I'm not aware and I do believe
Mr. Matthew is here and has something to speak about. If there is a civic organization in
the area that wishes us to come and talk to them we're very willing to do that. We don't
have any aversion to doing that whatsoever. The property is zoned unconditional B-2
surrounded by unconditional B-2 property and we think this is an excellent use of the
property, and the people in the community will be served by this type of a use.
Ronald Ripley: Thank you Eddie. Anybody have any questions?
Dorothy Anderson: Yes, I'd like to ask the gentlemen.
Ronald Ripley: Ma'am, we need to stay in order. I was speaking to the members of the
Commission.
Dororthy Anderson: Alright. Thank you.
Ronald Ripley: Thank you.
Dorothy Anderson: Please excuse it.
Ronald Ripley: It's okay. We do have a speaker.
Robert Miller: Richard Matthews.
Ronald Ripley: That is registered and opposed to this.
Richard Matthews: Actually, I can clarify if I may? My name is Rick Matthews. I'm a
local attorney for the law firm of Penn and Coward. In the past, I've represented a
number of civic leagues in the area on various matters. I have authority today to speak
for two civic leagues in the Boulevard corridor. Pinewood Gardens and Eureka Park
Civic League and Chesopean Colony Civic League. I spoke with representatives of them
and it's just been in the last few days. In fact, I just saw this staff report and application
myself. I got it off the internet yesterday. What I'm authorized to do, what I'm requested
Item #13
Wawa, Inc., A Pennsylvania Corporation
Page 3
to do on behalf of those two civic leagues is to ask for a deferral. They can't say nor can
I represent that they are in opposition nor can I say I represent that they are in favor.
What has happened I think is that the idea of an agenda being in the paper and a sign
being up has led to a lot of questions and inquiries within these two bodies and they
contacted me because I appeared for them before and said look, we can't get our people
together. We can't have a meeting. We can't go well we haven't even seen the
application. I told them I would mail them both what I pulled off the net. They may very
well end up thinking as Mr. Bourdon says that it is a great project. And they are happy
with it. And that's what they want. They may end up the other way. My instructions
and my request on their behalf, as their representative, is to have a 30 -day deferral with
the request that they meet with them and discuss it. And, so I was really at a loss. If you
notice, when I filled out the card, I had to check one box as opposed then I put deferral in
parenthesis because that is what I've been instructed by my clients to ask for today.
Ronald Ripley: Do you have any idea what kind of questions that they have? They're
pretty straight forward.
Richard Matthews: Yeah. The things that they talked to me about and they handed me a
note sheet from when they called in and some of these are actually answered when I
talked to Mr. Bourdon in the hall. Of course, they haven't heard from me. And they
haven't heard it themselves. But there were concerns about traffic and the handling of
Lynnhaven Road. Ingress/egress off the Boulevard? Hours of operation and effect of
cut through back through the neighborhoods and back up on the Boulevard. Those were
the items that peopled mentioned in the telephone conversations, which would appear to
be some of the issues.
Ronald Ripley: I think Mr. Vakos has a question.
Robert Vakos: Mr. Matthews, what civic leagues again and how far away are they from
this site?
Richard Matthews: Well, both of them are on the Boulevard and they are concerned
about the Boulevard. Chesopean and Pine Wood Gardens are a ways away. I've got a
call from another one, Groveland Park and I'm not sure exactly where that is. I've never
represented them before.
Robert Vakos: So, they are all on the Boulevard.
Richard Matthews: Not right on top of the property. I haven't been contacted by Kings
Grant, which I would expect would be and I haven't been contacted by them. I think
what my experience has been before is that all the civic leagues all start talking with each
other but it takes awhile for the phone tree to get going. But, I don't represent Kings
Grant. These are the ones that contacted me with questions about the project. That is
what I was requested to do here today.
Ronald Ripley: Dot, did you have a question?
Dorothy Wood: I was just thinking the same thing Bobby was, isn't Pine Wood across
the street?
Richard Matthews: Yes ma'am. It's across the street and a little bit down.
Dorothy Wood: Yes, I think so too. It's quite a ways from it.
Richard Matthews: It's across the street and down.
Ronald Ripley: Gene, do you have a question?
Eugene Crabtree: On a map, Pine Wood Gardens is that portion to the south of the map
where we see the curvature to the road off Lynnhaven Road. That's the corner of Pine
Wood Gardens there. And, of course Chesopean Colony is all the way off the right hand
Item #13
Wawa, Inc., A Pennsylvania Corporation
Page 4
side of the map totally. So, both of them are probably a good eighth of a mile away from
the site.
Richard Matthews: I haven't measured. They're the ones who contacted me. And asked
for information.
Ronald Ripley: Okay. Any other questions? Are there any other speakers? Ma'am, did
you want to speak? You need to come up.
Dorothy Anderson: I just noticed that you said that he had talked to the
Ronald Ripley: Ma'am, excuse me. Would you please tell us your name?
Dorothy Anderson: Dorothy Anderson, President of Kings Grant Civic League.
Ronald Ripley: Okay. Thank you.
Dorothy Anderson: We had not been notified anything about this. And we did not know
and we were quite surprised to see it on the board.
Ronald Ripley: So, you haven't been notified. You have the same concerns as the other
civic leagues? You'd like to know more about it.
Dorothy Anderson: Yes sir, we do because we are really closer to it than even
Chesopean, not as close as Pine. Regardless, we are closer to it than Groveland Park is
on the other side of Little Neck Road.
Ronald Ripley: Okay.
Dorothy Anderson: I was just wondering why we haven't been notified?
Ronald Ripley: Did you see the sign up there? Because they have signs posted on
Lynnhaven and Virginia Beach.
Dorothy Anderson: I have not seen a sign. It's elevated up.
Dorothy Anderson: I have not seen a sign. Right now they got palm trees in there that
they're selling and I had not seen a sign. No sir.
Ronald Ripley: Okay.
Dorothy Anderson: I beg your pardon. I haven't seen it.
Ronald Ripley: That's quite alright. Thank you. Yes, sir?
Floyd Newkirk: Thank you very much. My name is Floyd Newkirk. I'm a member of
Kings Grant Civic League and I live in Kings Grant. One thing the representative from
Wawa neglected to say was down the road, east about one mile is a Wawa so, we're not
depriving Wawa from doing business in the area. A mile down the road there is one
being built right now. Thank you.
Ronald Ripley: Thank you very much. Mr. Bourdon?
Eddie Bourdon: Don't think I made any allegations of having to deprive anybody of any
opportunity. All that I indicated that I would be happy to meet with any civic
organization that desires to do so. The fact is that Wawa has been looking at this site. It
has been very well publicized for quite some time and the existing facilities, I think have
been very well received and I will be happy to meet with Groveland Park or with Kings
Grant or anybody else. We certainly don't have any problem with any of the above. But
as staff has clearly acknowledged this is a good use of the large commercial unrestricted
zone property that is surrounded by unconditional B-2 property on both sides of Virginia
Beach Boulevard.
Item #13
Wawa, Inc., A Pennsylvania Corporation
Page 5
Ronald Ripley: Thank you Mr. Bourdon. And, I think Betsy you had a question.
Betsy Atkinson: Mr. Bourdon, of all people you know the importance of meeting the
civic leagues. And, I'm really surprised that you didn't make the effort to meet with
Kings Grant and particularly King Grant.
Eddie Bourdon: Actually Ms. Atkinson, Kings Grant is just like Chesopean Colony, a
good distance away. The only civic organization that's close to this piece of property
separated by a B-2 property is Groveland Park. So, we have met with civic leagues
throughout the City whenever there's been any question. There has been a whole lot of
conversation about Wawa coming to the area and we have never had anything but very,
very accepting response for civic leagues. In those cases, we had communities that
adjoined the property and were very, very close to the property. This property like the
one on Independence and Holland, there really isn't any residential community that
adjoins that piece of property. They are separated by already existing developed
unconditional B-2 property. And, I say, I'll be happy to meet with any civic
organization, that's not a problem. In looking at this site at the heavy commercial nature
on Virginia Beach Boulevard and then come at us as if we have to go see these civic
leagues here and there. We're glad to meet with any of them. I'm not adverse to that.
But the notion that I some how dropped the ball without having to meet with a civic
league when I'm dealing with a piece of property intense commercial on Virginia Beach
Boulevard, I do take a little of an offense to that.
Betsy Atkinson: Obviously the civic league is here.
Eddie Bourdon: They're not here in opposition of this application. They're here for the
skate board ramp and this just happened to be on the agenda, the only person here from
the neighborhood. There is no one here from the neighborhood that came here to oppose
this application. Mr. Matthews, has come down because he was contacted by some folks
in some other civic leagues down the Boulevard. And, I will just simply say that he has
an unusual set of circumstances when your staff has gotten no comments about that
position from anyone in advance of this meeting nor have we and we have in fact talked
to a lot of people in the Kings Grant community in that entire community. We haven't
gone and met with their civic league. I have employees that live there. They talked to
their friends. There are a lot of people I know told me that they're very excited. Because
this has been in the newspaper that Wawa was looking at this site, again for some time.
Some of this, in terms of Mr. Matthews, I'm not sure actually what's really going on here
in terms of whether this is truly all civic leagues. There's always a competitive issue that
comes up in a lot of these situations where some people don't like competition. And, I
don't know who might be out there who doesn't want competition. And, I'm saying that
is what's going on but it's a little strange to have a situation where there's been no one
come down from the public to oppose this application.
Ronald Ripley: Hold that for a second. Mr. Crabtree?
Eugene Crabtree: I have one question I'd like to ask concerning your site plan over here.
Eddie Bourdon: Yes sir.
Eugene Crabtree: Look at that and look at Virginia Beach Boulevard. Look at the exits
on Virginia Beach Boulevard. You show where you got a right turn and a left turn lane
coming out. An entrance right there.
Eddie Bourdon: Yes sir.
Eugene Crabtree: Okay. To make a left hand turn you got to cross the westbound lane
and make a left hand turn. When in fact if you did this, you could go out on the back
street on Lynnhaven Road and go down to the traffic light and would eliminate that
danger there. And you also have an exit shown right turn only over on the left hand side.
Would traffic control entertain the thought of eliminating that left hand turn at the break?
Item #13
Wawa, Inc., A Pennsylvania Corporation
Page 6
Eddie Bourdon: Mr. Crabtree...
Eugene Crabtree: For safety reasons.
Eddie Bourdon: I fully concur with your observation that at the times of the day when
traffic is an issue that the prudent way to proceed from that site if you are heading in an
easterly direction on the Boulevard would be to go out on North Lynnhaven. That is why
widening North Lynnhaven makes sense. To go to the stoplight to take a left as opposed
to crossing traffic. But the other side of that coin is that you have a median break here
and you have a stoplight here that stops westbound traffic. And there are numerous,
again, it's all a question of how much, in my perspective, how much is government going
to protect people from themselves. You have many hours during the day when crossing
here to go eastbound will be reasonably accommodating the traffic. We had a similar
situation at Holland and Independence, but that's like where there are times during the
day when crossing would easily accommodated. And that is our position that we take
and traffic engineering has said that they don't have a problem with it, but we think
during heavy peak hours that the way you would exit the site if you're going eastbound,
is to the rear. But, their real concern with the extra exit only is not so much with the left
hand turn movement but just simply with the internal circulation on the site is why we
feel we need an exit only onto the Boulevard westbound because we foresee there being
some cut -through traffic coming to go right to go westbound coming through here. We
see that as being a potential problem why we need another exit. We're not at this point
willing to say that we would eliminate left hand turn traffic here and we don't know how
this is going to happen with that median with both turn lanes there, will that even be
enforceable or not. It is a good observation.
Ronald Ripley: I believe Dot Wood has a question.
Dorothy Wood: Eddie, if you don't mind, I'd like to make a motion that we defer it for
one month. I hate to keep deferring things. We're going to be here a long time. But I've
got several calls from Little Neck residents and I think most of them have happy
memories of the Pine Tree Inn and of course Pine Tree Inn is not going to be there. But I
think if you could talk to the residents and perhaps it would make it easier for us. I'd like
to make a motion that we defer it.
Eddie Bourdon: We would prefer not to defer it. Obviously, we don't think that's
worthy. But we'll defer to your objective on that.
Ronald Ripley: So, was that a motion?
Dorothy Wood: Yes.
Ronald Ripley: Do we have a second?
Joseph Strange: Second.
Ronald Ripley: We have a second. Do we have any discussion here?
Robert Vakos: I've got a comment about the application, a question about the
application, but, if we're going to defer it, I will wait and see what we're going to do on
that first. If we don't defer it, then I've got a question of the applicant.
Robert Miller: And I need to abstain. My firm is working on the project.
Charlie Salle': I need to abstain too.
Ronald Ripley: Okay.
Donald Horsley: To comment on the deferral, I don't know whether or not a deferral is
warranted today or not. I mean I thought we were in pretty good on the approval of the
Item#13
Wawa, Inc., A Pennsylvania Corporation
Page 7
application. These questions that have come up with the civic leagues, I think if they
really got a lot of questions, I think what Dot said is a sentiment thing with Wawa
replacing the old Pine Tree Inn. The realistic thing is the Pine Tree Inn is gone.
Something's going to replace it. We got a favorable review on the project. If you think it
will do a lot of good to defer it, I'll agree with you. But other than that, I was going to
push the vote on it today. And let Mr. Bourdon take care of these situations before
Council with these people would be my suggestion.
Ronald Ripley: Was that a substitute motion?
Donald Horsley: I'll offer a substitute motion that the application be approved and Mr.
Bourdon take care of these considerations with the civic leagues between now and
Council
Ronald Ripley: So we have a substitute motion by Don Horsley to approve the
application. Do we have a second to this substitute?
Robert Vakos: I'll second it. But now I got to ask the question. Eddie, I agree with you
about the right turn only on Virginia Beach Boulevard. And, in regard to traffic and it's
not a safe situation. But you got to judge that when you're there. But I do agree with
you. This is a large site. You need to get people out of there. Give them as many
options as possible. Which condition addresses that and how would you recommend that
we change it if we approve the application allowing for the right turn only?
Eddie Bourdon: It is condition number one. It says "there shall be one vehicular
entrance on Virginia Beach Boulevard." First sentence. We would like that to read "one
vehicular entrance on Virginia Beach Boulevard and separate exit only at the western end
of the site.
Robert Vakos: How about an exit only on the western part of the site?
Eddie Bourdon: Any will work. We originally showed two full entrance and we were in
agreement with going down with an exit only.
Robert Vakos: Staff, is that okay?
Stephen White: Of course, we'll look at it again when it comes to site plan review with
traffic. The condition as it is worded is certainly acceptable.
Robert Vakos: Okay. Well then, I'll second the motion with that change in the
condition.
Eddie Bourdon: And I have agreed to meet with any and all civic leagues between now
and time that Council hears it.
Ronald Ripley. Will has a comment.
William Din: Before we vote on it also, I have two comments here. I agree with Gene
about and you and I have talked about left turns across traffic many times. And when the
opportunity exists where you can take another route to make a left hand turn instead of
crossing five lanes of traffic or four lanes of traffic there, I would support that any time,
so, I support Gene. And then I would hope that staff would make some kind of change to
the traffic. Recommend some changes to that, prohibiting the traffic, making left hand
turns out of the center entrance. Other than that, I think a second exit at the corner is
needed to help with the right hand turn exits there. Also, if we approve this thing, I think
on condition six you have referenced a site plan dated August 7th, I think the one that you
showed us is August 8th. I'm not sure if that's the one that you're referring to here or not.
Eddie Bourdon: The one that I showed you is the one that staff did not have that we
revised subsequent to getting these conditions.
Item #13
Wawa, Inc., A Pennsylvania Corporation
Page 8
William Din: So, I think we need to revise condition six here also to state August 8th
instead of August 7th. I didn't see where the August 7th was in our little map and the one
that was shown here, you really can't tell if that's August 7th or not. This one says
August 7th.
Eddie Bourdon: You're correct.
William Din: So with that,
Robert Vakos: I'll amend my second if the maker will amend their first for that
technicality.
Ronald Ripley: So, you've amended for the condition one to add the separate exit on the
western park on the site.
Robert Vakos: Right turn only.
Ronald Ripley: Right turn only. And then the date in item number six changed to the 8th
instead of the 7th. Okay.
Dorothy Wood: Mr. Chairman, I would like to drop my motion if Mr. Bourdon would
agree to meet with Ms. Anderson, Mr. Newkirk and Mr. Matthews between now and City
Council and their respective civic leagues. Thanks.
Eddie Bourdon: I'll do that today.
Ronald Ripley: So, I don't know if I've got Robert's rules right here. You're going to
withdraw your motion?
Dorothy Wood: Yes.
Ronald Ripley: Was there a second to your motion?
Dorothy Wood: Yes.
Ronald Ripley: There was?
Dorothy Wood: Joe.
Ronald Ripley: Joe? Will you withdraw your second? So, now we have a primary
motion. We have a motion to approve it with the adjustments as so stated.
Ed Weeden: Does Mr. Miller and Mr. Salle' still abstain?
Ronald Ripley: Yes, we have two abstentions. Is there something else we can do?
Ed Weeden: Are you ready to vote?
Ronald Ripley: We're ready to vote. Yes.
AYE 9 NAY 0 ABSENT 0 ABS 2
ATKINSON AYE
BAUM AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
MILLER
RIPLEY AYE
SALLE'
STRANGE AYE
VAKOS AYE
ABS
ABS
Item #13
Wawa, Inc., A Pennsylvania Corporation
Page 9
WOOD AYE
Ronald Ripley: By a vote of 9-0 with two abstentions, the motion passes.
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: Kempsvifle/Centerville Associates, L.L.C. — Conditional Use Permit
MEETING DATE: November 26, 2002
Background:
An Ordinance upon Application of Kempsville/Centerville Associates, L.L.C. for a Conditional
Use Permit for mini-warehouses/self storage on the south side of Kempsville Road, 580 feet
more or less west of Centerville Turnpike (GPIN 1455813371; 1455900477). Said parcel
contains 9.31 acres. DISTRICT 1 -- CENTERVILLE.
The applicant proposes to operate a self -storage facility.
Considerations:
This request is to construct a mini -warehouse facility on two (2) parcels totaling 9.61 acres.
The site plan depicts seven (7) one-story storage buildings and a 32 foot high office building
and manager's residence with a 30 foot by 40 foot footprint. A six (6) foot wrought iron style
fence will serve as the security fence for the facility.
The larger of these two parcels has been zoned B-2 Community Business for many years.
The smaller of the two was rezoned to B-2 several years ago with the expectation that the
combined parcels would be used for retail commercial uses, and conditions were added to
that rezoning to protect any future residential development to the west. The applicant,
however, rather than developing the property for retail use, desires to develop it for mini -
warehouses. While a quality retail center would be welcome at this location and the smaller
parcel was rezoned in expectation of such a center, the use of the property as proposed is
acceptable, but only subject to the conditions recommended below, which will help to assure
that the development is higher in quality and will not be intrusive to the future residential to
the southwest.
Staff recommended approval, subject to the attached conditions. There was opposition to
the request.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting DepartmenUAgncy: Planning Department//47
City Manag -Ii4 .
Kempsville/Centerville Associates
Page 2 of 3
Recommendations:
The Planning Commission passed a motion by a recorded vote of 7-3 with 1 abstention to
approve this request with the following conditions:
1. When the property is developed, it shall be developed substantially as shown on the
exhibit entitled, "Layout and Landscape Plan for Mini Storage Building, Kempsville
Road, Virginia Beach, Virginia," prepared by Land Design and Development, Inc.,
dated September 25, 2002. One specific exception is all structures on the property
shall adhere to the required setbacks from the ultimate right-of-way of Centerville
Turnpike as outlined in the Master Transportation Plan.
2. The architectural design elements and exterior building materials shall reflect the staff
report as described above and shall be substantially in conformance with those
depicted on the elevation entitled "AAAA Self Storage, Virginia Beach, Virginia,"
prepared by Andre Marquez Architects, dated September 26, 2002.
3. The internal property line shall be vacated prior to the issuance of a building permit for
the construction of the proposed mini -warehouse facility.
4. The location of any and all dumpsters proposed shall be depicted on the final site plan
and shall not be located in close proximity to any residentially zoned property.
Location to be reviewed at final site plan review and approved by the Planning Director
or his designee. Screening and landscaping shall be provided surrounding all
dumpsters so that dumpsters are shielded from view from all adjacent properties.
Said screening and landscaping shall conform to the requirements found in the City of
Virginia Beach Parking Lot and Foundation Landscaping guide.
5. Any freestanding sign shall be monument style with a brick base that matches the
brick depicted on building elevation referenced in Condition 2. Such sign shall not
exceed a height of eight (8) feet and shall be externally lit from ground level.
6. The hours that the mini -warehouse may be open for customers access to the storage
units shall be limited to the 6:00 a.m. to 9:00 p.m.
7. All exterior lighting shall be low intensity and residential in character and shall not be
erected any higher than fourteen (14) feet. According to Section 237 of the City
Zoning Ordinance, all outdoor lighting shall be shielded to direct light and glare onto
the mini -warehouse facility. Said lighting and glare shall be deflected, shaded and
focused away from all adjoining properties.
8. All fencing visible from either a public right-of-way or from the adjacent parcels to the
southwest shall be wrought iron -style. No barbed wire, razor wire or any other fencing
devices shall be installed on the roof or walls of the building or on the fence on the
property.
9. No storage of flammable or hazardous materials shall be stored in any unit.
10. There shall be no electric or diesel power generator or generator fueled by any other
source of energy located outside of any building.
11. Drive aisles shall be at least 18 feet wide to accommodate emergency apparatus.
12. No on-site business shall be conducted from any storage unit.
13. The units shall be used only for the storage of goods. The units shall not be used for
office purposes, band rehearsals, or any other purpose not consistent with the storage
Kempsville/Centerville Associates
Page 3 of 3
of goods. No public assembly or continuous occupancy of the units shall be
permitted.
Map B -Il
-'op Not to Scale
Kem svidle/rCentervzlle Assoc.
4
t'!. r§ 6 , < \ a 4# *rte
Gpin - See Application
ZONING HISTORY
1. Modification of Conditions — Granted 1-12-99
Change of Zoning (R-8 Residential District to B-2 Community Business
District) — Withdrawn 12-19-88
2. Modification of Conditions — Granted 11-12-96
Change of Zoning (R-8 Residential District to B-2 Community Business
District) -- G ranted 3-18-85
3. Conditional Use Permit (motor vehicle sales) — Granted 1-24-95
Conditional Use Permit (auto service) — Granted 9-14-87
4. Change of Zoning (R -5D Residential District to B-2 Community Business
District) — Granted 7-11-88
5. Change of Zoning (R-8 Residential District to B-2 Community Business
District) — Withdrawn 2-23-87
Conditional Use Permit (auto center) — Withdrawn 2-23-87
Change of Zoning (R-8 Residential District to 13-2 Community Business
District) — Denied 6-10-85
6. Conditional Use Permit (borrow pit) — Granted 2-13-84
Conditional Use Permit (communications tower) — Granted 5-18-81
7. Change of Zoning (R-8 Residential District to B-2 Community Business
District) — Granted 2-13-84
8. Conditional Use Permit (fuel pumps) — Granted 4-20-81
KEMPSVILLE / CENTERVILLE
ASSOCIATES / # 19
October 9, 2002
General Information:
APPLICATION B11 -210 -CUP -2002
NUMBER:
REQUEST: Conditional Use Permit for mini -warehouse
ADDRESS: South side of Kempsville Road, 580 feet west of Centerville Turnpike
Map l
Mnp h. t to B-!SCo' e
Kent sville/Center ville Assoc.
Gpin - See Application
GPIN: 14558133710000, 145590047700000
ELECTION
DISTRICT: 1 — CENTERVILLE
SITE SIZE: 9.31 acres
STAFF
PLANNER: Carolyn A.K. Smith
PURPOSE: To operate a self -storage facility with 900 units.
Major Issues:
Planning Commission Agenda
October 9, 2002
KEMPSVILLE / CENTERVILLE ASSOCIATES / # 19
Page 1
• Degree to which the proposal is compatible with adjacent residential
properties and other surrounding uses in terms of architecture, noise and
overall operational procedures.
Land Use, Zoning, and
Site Characteristics:
Existing Land Use and Zoning
There is a single family dwelling on one
of the parcels with access via
Centerville Turnpike. The majority of
the 9.3 acre site is wooded and currently
zoned B-2 Community Business District.
Surrounding Land Use and Zoning
North: • Single-family dwelling, restaurant, auto sales, fuel
sales, veterinarian / R -5D Residential District, B-2
Community Business District
South: • Single-family dwellings / R -5D Residential District
East: • Centerville Turnpike, shopping center with mixed
retail, single-family dwellings / B-2 Community
Business District, R-7.5 Residential District
West: • Kempsville Road, single-family dwellings, church /
R -5D Residential District
Zoning History
This project actually contains two parcels. The larger parcel of the two (6.57 acres) was
rezoned by City Council from R-8 Residential District to B-2 Community Business
District on February 13, 1984. There were no conditions attached to that rezoning. The
smaller 2.74 acre site to the south was rezoned with conditions by City Council from R -
5D Residential Duplex District to B-2 Community Business District on July 11, 1988.
The conditions attached to that approval that are applicable to this request included
vacating the internal property line, limiting the number of curb cuts along the rights-of-
way, utilizing best management practices, and landscaping and screening
requirements. Similar requests for rezoning from residential to business were denied
and withdrawn in 1985 and 1987 respectively on a parcel to the south. Other activities
in the area include use permits for auto related services as well as permits for a borrow
pit and communications tower.
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana.
Natural Resource and Physical Characteristics
The site is located in the Southern Watersheds Management Area. The site is heavily
wooded with a mix of hardwood and pines; however, the size of the caliper of the
majority of the trees indicates that the site was harvested for timber at some point in the
last 30 to 40 years.
Planning Commission Agenda
October 9, 2002
KEMPSVILLE / CENTERVILLE ASSOCIATES / # 19
Page 2
that tract. The Plan's policies require adherence to high standards of appearance and
function for future development in the Kempsville area as a means of buffering these
future residential property owners and protecting property values.
Summary of Proposal
Proposal
• To construct a mini -warehouse facility on two (2) parcels totaling 9.61 acres.
A Conditional Use Permit is required for mini -warehouse facilities on property
zoned B-2 Community Business District.
• There will be an on-site manager responsible for operation of the facility 24
hours a day, 7 days per week.
• The hours of operation are 9:00 a.m. to 5:00 p.m. on Monday through
Saturday and 10:00 a.m. to 2:00 p.m. on Sundays.
Site Design
• The site plan depicts seven one-story storage buildings and a 32 foot high
office building and manager's residence with a 30 foot by 40 foot footprint.
• Seven parking spaces are shown on the plan to serve the proposed office
and residence. The handicap space must be relocated as close to the
entrance of the building as possible.
• A wet stormwater management facility is depicted along the southeast
property line.
• The property owner has reserved a 43,194 square foot out parcel along
Kempsville Road. Development of this parcel will have to adhere to Sections
243 to 249 of the City Zoning Ordinance regarding retail development.
• A 24 foot reservation, parallel to Centerville Turnpike, is required for the
ultimate right-of-way width of 143 feet. Portions of the existing side yard will
then become the front yard and all buildings must be setback at least 35 feet
from the reservation. This through lot will actually have two (2) fronts and no
rear.
Vehicular and Pedestrian Access
• Ingress/egress to this site is via an existing entrance off of Kemspville Road.
This entrance will be shared with the outparcel to the east. No access to the
site is proposed off of Centerville Turnpike.
• The interior drive aisles are a minimum of 30 feet in width.
• Pedestrian access is adequate for this use.
Architectural Design
Planning Commission Agenda
October 9, 2002
KEMPSVILLE / CENTERVILLE ASSOCIATES / # 19
Page 4
that tract. The Plan's policies require adherence to high standards of appearance and
function for future development in the Kempsville area as a means of buffering these
future residential property owners and protecting property values.
Summary of Proposal
Proposal
• To construct a mini -warehouse facility on two (2) parcels totaling 9.61 acres.
A Conditional Use Permit is required for mini -warehouse facilities on property
zoned B-2 Community Business District.
• There will be an on-site manager responsible for operation of the facility 24
hours a day, 7 days per week.
• The hours of operation are 9:00 a.m. to 5:00 p.m. on Monday through
Saturday and 10:00 a.m. to 2:00 p.m. on Sundays.
Site Design
• The site plan depicts seven one-story storage buildings and a 32 foot high
office building and manager's residence with a 30 foot by 40 foot footprint.
• Seven parking spaces are shown on the plan to serve the proposed office
and residence. The handicap space must be relocated as close to the
entrance of the building as possible.
• A wet stormwater management facility is depicted along the southeast
property line.
• The property owner has reserved a 43,194 square foot out parcel along
Kempsville Road. Development of this parcel will have to adhere to Sections
243 to 249 of the City Zoning Ordinance regarding retail development.
• A 24 foot reservation, parallel to Centerville Turnpike, is required for the
ultimate right-of-way width of 143 feet. Portions of the existing side yard will
then become the front yard and all buildings must be setback at least 35 feet
from the reservation. This through lot will actually have two (2) fronts and no
rear.
Vehicular and Pedestrian Access
• Ingress/egress to this site is via an existing entrance off of Kemspville Road.
This entrance will be shared with the outparcel to the east. No access to the
site is proposed off of Centerville Turnpike.
• The interior drive aisles are a minimum of 30 feet in width.
• Pedestrian access is adequate for this use.
Architectural Design
Planning Commission Agenda
October 9, 2002
KEMPSVILLE / CENTERVILLE ASSOCIATES / # 19
Page 4
• The elevation depicts a 32 foot high office and manager's residence with a
green standing seam metal roof. A large expanse of tinted glass is proposed
along the northern half of the front facade and the western half of the east
facade.
• The exterior of all buildings are proposed with a Tight brown brick veneer. The
storage buildings have matching roofs with the addition of faux windows with
dark brown shutters.
• The metal doors to the storage units will match the green color of the roof of
the office/residence and of the storage buildings.
• A six (6) foot wrought iron style fence will serve as the security fence for the
facility.
• Large letter signage is depicted attached to the office/residence.
Landscape and Open Space Design
• The minimum required landscape buffer surrounding the facility is depicted on
the concept plan. Category IV (mix of evergreen shrubs and trees) with a
fence/wall is proposed along all property lines adjacent to residentially zoned
parcels and Category VI (6 foot fence with evergreen shrubs) is proposed
along all other required areas. The location of the shrubs and the trees must
be reversed so that the smaller sized plants will be located along the property
line and the larger trees up against the buildings.
• Foundation landscaping is depicted along the facade facing Kempsville Road.
• Streetscape landscaping is proposed along both CentervilleTurnpike and
Kempsville Road. Additional trees will be required along Kempsville Road to
meet the requirements of the zoning ordinance.
Evaluation of Request
The request for a Conditional Use Permit for a mini -storage facility on these parcels is
acceptable subject to the conditions listed below. The larger of these two parcels has
been zoned B-2 Community Business for many years. The smaller of the two was
rezoned to B-2 several years ago with the expectation that the combined parcels would
be used for retail commercial uses, and conditions were added to that rezoning to
protect any future residential development to the west. The applicant, however, rather
than developing the property for retail use, desires to develop it for mini -warehouses.
While a quality retail center would be welcome at this location and the smaller parcel
was rezoned in expectation of such a center, the use of the property as proposed is
acceptable, but only subject to the conditions recommended below, which will help to
assure that the development is higher in quality and will not be intrusive to the future
residential to the southwest. Due to the imminent single-family development to the
southwest and the presence of residential properties adjacent to the site, screening and
design become extremely important. It is recommended that the hours of operation be
restricted (Condition 6) and that the location of any dumpsters be controlled (Condition
4), as the proposed facility will be located adjacent to residentially zoned properties.
A 24 foot reservation, parallel to Centerville Turnpike, is required for the ultimate right-
of-way width of 143 feet. The applicant is aware of this requirement and it is specifically
Planning Commission Agenda
October 9, 2002
KEMPSVILLE / CENTERVILLE ASSOCIATES / # 19
Page 5
identified on the submitted plan. Once the reservation is employed, portions of the
existing side yard will become front yard thereby changing the required setback from a 0
foot side yard setback to a 35 foot front yard setback. Staff is recommending a
condition that recognizes that these setback requirements will likely change and that the
final site layout will honor all required changes in setbacks. This through lot will actually
have two (2) fronts and no rear.
Approval is recommended subject to the conditions below.
Conditions
1. When the property is developed, it shall be developed substantially as shown on
the exhibit entitled, "Layout and Landscape Plan for Mini Storage Building,
Kempsville Road, Virginia Beach, Virginia," prepared by Land Design and
Development, Inc., dated September 25, 2002. One specific exception is all
structures on the property shall adhere to the required setbacks from the ultimate
right-of-way of Centerville Turnpike as outlined in the Master Transportation Plan.
2. The architectural design elements and exterior building materials shall reflect the
staff report as described above and shall be substantially in conformance with
those depicted on the elevation entitled "AAAA Self Storage, Virginia Beach,
Virginia," prepared by Andre Marquez Architects, dated September 26, 2002.
3. The internal property line shall be vacated prior to the issuance of a building
permit for the construction of the proposed mini -warehouse facility.
4. The location of any and all dumpsters proposed shall be depicted on the final site
plan and shall not be located in close proximity to any residentially zoned
property. Location to be reviewed at final site plan review and approved by the
Planning Director or his designee. Screening and landscaping shall be provided
surrounding all dumpsters so that dumpsters are shielded from view from all
adjacent properties. Said screening and landscaping shall conform to the
requirements found in the City of Virginia Beach Parking Lot and Foundation
Landscaping guide.
5. Any freestanding sign shall be monument style with a brick base that matches
the brick depicted on building elevation referenced in Condition 2. Such sign
shall not exceed a height of eight (8) feet and shall be externally lit from ground
level.
6. The hours that the mini -warehouse may be open for customers access to the
storage units shall be limited to the 6:00 a.m. to 9:00 p.m.
7. All exterior lighting shall be low intensity and residential in character and shall not
be erected any higher than fourteen (14) feet. According to Section 237 of the
City Zoning Ordinance, all outdoor lighting shall be shielded to direct light and
glare onto the mini -warehouse facility. Said lighting and glare shall be deflected,
shaded and focused away from all adjoining properties.
8. All fencing visible from either a public right-of-way or from the adjacent parcels to
the southwest shall be wrought iron -style. No barbed wire, razor wire or any
other fencing devices shall be installed on the roof or walls of the building or on
the fence on the property.
9. No storage of flammable or hazardous materials shall be stored in any unit.
Planning Commission Agenda
October 9, 2002
KEMPSVILLE / CENTERVILLE ASSOCIATES / # 19
Page 6
10. There shall be no electric or diesel power generator or generator fueled by any
other source of energy located outside of any building.
11. Drive aisles shall be at least 18 feet wide to accommodate emergency apparatus.
12. No on-site business shall be conducted from any storage unit.
13. The units shall be used only for the storage of goods. The units shall not be
used for office purposes, band rehearsals, or any other purpose not consistent
with the storage of goods. No public assembly or continuous occupancy of the
units shall be permitted.
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.
Planning Commission Agenda
October 9, 2002
KEMPSVILLE / CENTERVILLE ASSOCIATES / # 19
Page 7
Planning Commission Agenda
October 9, 2002
KEMPSVILLE / CENTERVILLE ASSOCIATES / # 19
Page 8
NORTH ELS AT - faces Kempsville Road
faces the interior of the site
EAST ELEVATION
faces the proposed outparcel
Planning Commission Agenda
October 9, 2002
KEMPSVILLE / CENTERVILLE ASSOCIATES / # 19
Page 9
faces Kempsville Road and Centerville Road NORTH ELEVATION,
faces the interior of the site EAST ELEVATION
Planning Commission Agenda
October 9, 2002
KEMPSVILLE / CENTERVILLE ASSOCIATES / # 19
Page 10
Planning Commission Agenda
October 9, 2002
KEMPSVILLE / CENTERVILLE ASSOCIATES / # 19
Page 11
APPLICATIG. . PAGE 4 OF 4
CONDITIONAL USE PERMIT
CITY OF VIRGINIA BEACH
DISCLQSURE STATEMENT
Applicant's Name: Kempsville/Centerville Associates, L.L.C.,,a Virginia limited liabilty
company
List All Current
Property Owners: Ke ` 1
s9WD3ny
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary)
Jesse w. Martin Mana:in- Member
Dorothy G. Jacobson, Member
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list
all members or partners in the organization below: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated
organization,
If the applicant is not the current owner of the property, complete the Applicant Disclosure section below:
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary)
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all
members or partners in the organization below: (Attach list if necessary)
0 Check hue u the applicant is NOT a corporation, partnership, firm, or other unincorporated organization,
CERTIFICATION: 1 certify that the information contained herein is true and accurate,
Kempsvllle/Centerville Associates
Jesse W. Martin, Managing Member
Print Name
Planning Commission Agenda
October 9, 2002
KEMPSVILLE / CENTERVILLE ASSOCIATES / # 19
Page 12
Item #19
Kempsville/Centerville Associates, LLC
Conditional Use Permit
South side of Kempsville Road, 580 feet for or less
West of Centerville Turnpike
District 1
Centerville
October 9, 2002
REGULAR
Robert Miller: The next item is Item #19, Kempsville/Centerville Associates, LLC.
Ronald Ripley: Okay. On this matter, I'm going to pass the chair to Dot Wood to chair
this. I have an interest in the company that actually tried to buy this piece of property not
to long ago. I don't think it's appropriate for me to be involved in this application. So,
I'll back out. And, I also own property across the street, so that's probably two good
reasons.
Dorothy Wood: Mr. Bourdon?
Eddie Bourdon: Thank you substitute Chairperson. Eddie Bourdon, a Virginia Beach
attorney representing Kempsville/Centerville Associates. Mr. Chelsey Martin with me
this afternoon as is his consultant, Mr. Roger Pope, so I may call on them if need be for
any technical questions to be answered if I happen to not know the answer. The parcels
of property that we're dealing with are a total of 5.318 acres of B-2 commercially zoned
property that is just to the west of the intersection of Kempsville Road and Centerville
Turnpike on Kempsville Road. Look at the map that's up there on the pinpoint and you
will see on the corner there is already an existing commercial development on what you
could characterize as out parcels along both Centerville and Kempsville. On the subject
site, there's also an out parcel that is being shown that the proposal would retain. To the
west is property that is zoned R -5D Residential as there are homes along there. But, I
think ultimately it's pretty clear that some other use is going to eventually be put on the
rest of that property. The particular application before you these property owners have
had this property for over 14-15 years and have been seeking commercial use of the
property for that period of time and the reality is in this corridor there is far more
commercial property developed than there is demand for it. I know this also because I
happen to have the ability of representing the EVW Group. It'll be EV Williams who
have a significant portion of B-2 property located across Kempsville Road. There's a
Walgreens on the corner that we were able to sell and have developed but the remainder
of the B-2 that goes up Centerville has been on the market for quite some time and the
reality of it is there really isn't a demand in this corridor for retail property. Because
Woods Corner across the street, there's some other commercial up Kempsville Road.
There's a significant amount of commercial and as you go over into Chesapeake,
Greenbrier in that area, there's a tremendous amount of commercial. This area is
saturated with commercial development. I think it is a fair assessment that what I believe
will eventually happen to the west of this property is some form of residential
development will take place. Because I don't believe that you're looking at any potential
for commercial in that area. To do that is going to require an assemblage of a lot of land
that is, I think, capable of being of assembled but in order to do that I think, again, you're
going to be looking at some point in the future at some application coming forward for
some form of a A-12, PH with a six to nine unit per acre type of development to make the
numbers work to the west of this site. But that's conjuncture on my part, but I don't think
you're going to see under any circumstances a tremendous commercial development on
this piece of property. It's not a demand in the market place for it in that area.
Unfortunately, because that is the highest and best use and if there were a possibility of
that happening that would be a better economic return for these property owners. But it's
not out there. That's the reality, because, if it were we would have been there before
now. The application is for a self- storage facility, one that we have revised the plans.
These are the plans. It's a nicer one. I've done a number of these before the Commission
for City Council. This is a nicer one that I've had the privilege of coming before you.
The exterior is all brick, brick veneer. We've put faux shutters. In fact, I'm going to pass
Item #19
Kempsville/Centerville Associates, LLC
Page 2
this around because this is different than the one you saw this morning. You can see it up
there. We've put the faux windows on the outside. There is an entrance to the property
from Kempsville Road with a median break. That will be the only entrance even though
the property does have frontage on Centerville Turnpike. We have no entrance on
Centerville Turnpike and we've set the property back from Centerville. The plans will be
revised as one of the conditions required so that after the eventual widening of
Centerville Turnpike under the Master Transportation Plan requirements, we'll meet the
setbacks there as well. We have buildings that are only 12 feet in height. As self -storage
buildings the most part are. They're very low level buildings. There are faux roofs on
top where you see the metal roofs. They look very attractive but again, not large
buildings in terms of their height. We are setback from Kempsville Road. We'll be
screening from Kempsville Road by the development on the out parcel by the
developments that already exist out on the corner. Eventually, the residential that adjoins
us along Centerville will be going away with the widening of Centerville Turnpike in the
future. I don't know what, if anything, is likely to happen there. I suspect that it will
eventually, it will all be acquired as the right-of-way acquisition phase of that project
when it comes about. The conditions that the staff have recommended are acceptable to
us. It's a low intense use, low intensity use. The traffic generation, look at page 4 of the
write up. If all this was to be developed commercially, it could be developed
commercially, if there was as demand for commercial development, we'd be looking at
5,000 plus car trips per day. This use is very limited in the traffic volume that it
produces. We have an area out here, there are a good number of nice communities,
generally smaller lots and smaller homes and a significant amount of multi -family
development in the area. And there is a definite need for this type of use. The existing
Alexandria neighborhood, there was a letter that was received from them. One of the
issues or one of the concerns they had was potential impact on those homes on John
Brown Lane, which as you can see from that aerial is excellently depicted. Those homes
are well over 500 feet from this property. Those homes will not have any, you know,
they won't even know this exists in terms of any impacts upon them. Again, between
them and the site, there will be some future development. There's little doubt about that
and as I've said I believe that will more than likely be some form of residential as to
commercial because there is no need in that area for commercial unfortunately. There is
a City park that was mentioned this morning in the informal that's further west on
Kempsville Road. You can't see it on either map. It's on the opposite side of
Kempsville Road down right before you get to the Chesapeake City line. That property
does not adjoin any park sites and the property is wooded at this time but any new
development on that property is going to result in a shopping center. It could be a
shopping center, which it would be. It would involve cutting the trees down. That's
going to happen with any development on the piece of property. So, with that the only
condition of the seven that were recommended by staff in their recommendation for
approval of this application that we had any concern with was condition number 6, which
I think has been passed out a revised condition number six, that's the hours of operation.
We have no problem with the 9:00 p.m. in the evening but we do need to have the ability
for individuals who would be using the facility to access their units earlier in the day and
6:00 a.m. is what we had requested. Some of these units are used by people who are
pharmaceutical reps and they keep their supplies there and then they will come pick them
up when they're going to travel out of town or travel to the doctors' offices. Early in the
morning access for a number of users of these self -storage facilities is necessary. But, we
are willing to restrict the hours to 6:00 a.m. to 9:00 p.m. And, again all of the hour
conditions are acceptable as it is a facility that will have 24-hour, seven day a week on
site resident management. Again, from an experience standpoint, I think all of you are
aware that this is the best scenario in order for that to happen. You have to have a
relatively large facility and this certainly is a large facility. To our knowledge, there is a
facility further south on Centerville Turnpike that we are fairly certain that we've been
told is full. We're not aware of any other facilities within a three-mile radius in Virginia
Beach of this site. I think there may be a facility or two over in the Chesapeake side of
the City line. But, I'm just trying to address some of the comments that were made this
morning. I'll be happy to answer any questions. I think we have a very attractive, high
quality product. One that has very little visibility whatsoever from either Kempsville or
Centerville rather than we've got extensive landscaping where it adjoins residentially
Item #19
Kempsville/Centerville Associates, LLC
Page 3
zoned property. Where it adjoins the B-2, we have the required landscaping where we
put the faux windows and shutters on the building.
Dorothy Wood: Any questions for Mr. Bourdon? John?
John Baum: Is it standard size for these units or do they vary?
Eddie Bourdon: They vary Mr. Baum. And that's why the number of units scenario
really is, and I've said this in previous applications. It can be more or less depending
upon the demand and the size of the units.
John Baum: What's the average?
Eddie Bourdon: The average size of a unit? 10' x 20' or 200 hundred square feet.
Would be the average size.
Dorothy Wood: Thank you. Any other questions?
Joseph Strange: I don't have any questions I would like to make some comments.
Dorothy Wood: Okay.
Joseph Strange: Continent number one is that I will be opposing this living in that area
up there. One of the reasons is that this does not go along with the Comprehensive Plan
for that area out there. This is zoned B-2. If you take a look at the size of this piece of
property in relationship to the rest of the property around there, between that and the
homes, you can see that this piece of property is almost as large as everything else that is
behind between that and the development. When the smaller piece of property was
rezoned, it was rezoned to go along with the large piece in hopes of making a quality
commercial retail establishment there. I think that if you put a storage unit this size right
there in a B-2 zoning area and right across the street you do have a retail shopping center.
On the other side you have a big drug company they just put there. They just put a drug
store there. There's a lot of retail there and this is not going to complement this retail. I
go along with the fact that retail hasn't done real well over the years there. One of the
reasons is because of Lynnhaven Parkway has never been expanded all the way out to
Kempsville there and that's kind of crushed things there a little bit. But, I think if you
take and put a storage area this big in that area you're going to seal that fate of that little
section right over there. I don't know of any other precedence purposely where we have
taken that much B-2 zoning in an area and just completely done away with it and put a
storage unit this size. I think it's just going to seal the fate of that little area there. This is
not a regional area. This is a neighborhood. If you were in a retail area somewhere and
you were going to do something of this nature you probably wouldn't have that much of
an impact. But this is not a regional situation. This is a neighborhood situation. Right
there at Woods Corner. And again, having lived in that area for 25 years, I just feel like
this is not going to protect these neighborhoods right there, which were stable
neighborhoods. These were not unstable neighborhoods. There's no real crime in these
neighborhoods. There's no problem in these neighborhoods. I just don't see any reason
why a retail establishment can't eventually make it here. And maybe they've invested
money and maybe it hasn't worked out good for them at this point. Again, I don't think
we're in the business of bailing out people who make bad investments. This is a bad
investment in B-2. It's a bad investment. To seal this little area, this little neighborhood
with something this large I think it will be a detrimental to the City and to the Centerville
District there.
Dorothy Wood: Thanks Joe. Do we have any opposition?
Robert Miller: Yes. We have another speaker. Mr. Doyle? He doesn't say whether he's
in opposition.
George Doyle: Good afternoon. I'm George Doyle. I'm the property owner that is
immediately south of this. It abuts the longer R5 -D that is what has been rezoned as of
what is in your paperwork. It says it was done July 11, 1988. That adjoins my property.
Item #19
Kempsville/Centerville Associates, LLC
Page 4
I was never notified that was going to be rezoned nor in February of 1984 for the larger
piece that was done before. I've been there for over 24 years. And, I question the
ingress/egress on Kempsville Road. There's no deceleration lane. I thought there needed
to be. I see that they reserved a piece that is blank up in the lower quadrant nearest the
car lot. If they didn't do that, there would be room for a deceleration lane, I presume. I
heard that there's no storage facility within three miles. Up Centerville, just backing up
to Woods Corner, what is it Woods Farm, across from the Baptist Church on Centerville,
there's a storage facility that has been built out on two phases that has either one or two
phases remaining. There's another storage facility up in Acredale across from Kemps
River that has numerous storage facilities. It's right there, less than two miles away,
maybe a mile. But, I can't agree with this or support this. And I'm against it.
Dorothy Wood: Sir, would you please use the pointer and show us your property. You
have to pick it up.
George Doyle: Right along there.
Dorothy Wood: Thank you.
Betsy Atkinson: That whole piece?
George Doyle: That whole piece. It was that little flag lot that was put in there for the
phone company that .1 was told by Planning in 1984 it would never be approved for
expansion or bathroom. And they have a bathroom and they are expanded to the limits of
the land and on my ingress/egress in my rear portion. I have a strip on the south side that
makes the front and rear property contiguous. My wife engineered that with a realtor.
John Baum: Gosh. That's two of them.
George Doyle: That's has been a sore point in my life since 1985 when I've had nothing
but traffic in and out, all hours from the phone company, children hit by cars or trucks,
cats run over and killed. You try to explain that to a little five year old whose cat's been
run over. It's hard. I can't support anything like this here.
Dorothy Wood: Any questions? Don?
Donald Horsley: Would you support the development if it was B-2 where you would see
the backs of building or whatever next to your property?
Dorothy Wood: Any other questions?
Betsy Atkinson: That little strip right now is still zoned R -5D, so that would be.
George Doyle: No. That's been changed.
Donald Horsley: It's changed.
George Doyle: It's not on your diagram. That's also B-2 according to this was done in
1988 and the larger piece was done in 1984. And, I never received anything from the
City like I did on this one. And I don't know of any zoning south of that that was denied
in 1985 or 1987 or unless it perhaps it was northwest.
Dorothy Wood: Thank you. Mr. Bourdon, I'm sure you have another few words for us.
Eddie Bourdon: I'll try to keep them brief. I appreciate when someone comments. A
commercial development of the property under the B-2 zoning, you'll be looking at, you
know, were going ahead and access to Centerville which this project has absolutely no
access to Centerville and if you look, we've got a large BMP pond and landscaping that
involves a significant portion of the shared property line with this gentleman's property.
If you look up there, you can see a good portion of it close to half, there's no building
whatsoever. It's just a nice BMP and landscaping. The northern or western portion of
the shared line, there is where we got the wider buffers landscapes, fifteen foot landscape
Item #19
Kempsville/Centerville Associates, LLC
Page 5
buffer with heavy landscape screening following by again, the outside is all brick, small
building with a metal roof as far as small as being height, twelve feet in height. Again, if
you look what this would lay out to again, if there were a demand for a strip center and
that's where the shopping center will be. The parking would be laid out in front of it.
And you'll be looking at the back of a shopping center and the activities that go on
behind the shopping center, in terms of delivering product and just again, as a, and I can't
speak for the gentleman obviously, but he did indicate he wouldn't support that either but
that is what the property is zoned for. And given the fact that at some point that piece of
property to the west and north is going to develop in a residential manner. And I don't
believe it's going to be developed in a commercial manner just because there is just so
much commercial out there. This is a far more compatible neighborhood to that type of a
use which is what I think will eventually happen there. And, you can't get around the
traffic impacts of being far, far less with this facility. I did indicate and I do know there
is another facility on Centerville Turnpike south of here. 1 think I indicated that from our
understanding is full. There may be one up further north of Indian River Road on
Kempsville Road. I'm not familiar with there being one, if there is, and I stand corrected
on that and the argument about having a neighborhood impact? I'm sorry. I don't see
that. Given the fact that the property does not adjoin. It's not even in close proximity to
the neighborhood other than one separated by major thoroughfares or ones that are
adjacent to existing commercial. I've done a lot of these over the years and I've yet to
find any residential property owners who would prefer to see a shopping center to their
property adjacent versus to something like this facility. There's a self -storage facility on
Haygood Road that adjoins a neighborhood to the homes up there that are in the
$250,000-$300,000 price ranges. When it's done properly, done well, they're attractive.
They're low intense. They got all these conditions to restrict noise, etc. I think they do
represent a good use that has no negative impact on property values of surrounding
properties. And that is why I believe this would be far better for property values on the
property adjacent to us than would be a shopping center that would die. Again, there may
be some other use that might fit. I don't know what it is.
Dorothy Wood: Eddie, Betsy has a question for you.
Betsy Atkinson: How high is the wall that is going to go around?
Eddie Bourdon: The wall is 12 feet in height.
Betsy Atkinson: Then how high is the lighting. It says here 14 feet, so the light is going
to be above the wall?
Eddie Bourdon: No. You have on the outside you have the raised seam hip roof that
goes above that. The roof line around that you're looking at there is more than 14 feet in
height. The 12 feet height is here. The walls here, then you got the roof on top of it. So,
the lighting is below the roof and all directed downward.
Betsy Atkinson: Okay, because I was just concerned about this gentleman. You know,
he's used to coming into a home and it's black everywhere he is. And now he is going to
have all this lighting around. I just wanted to make sure the lighting is below the roofline
so that it is not reflecting back out to his yard.
Eddie Bourdon: It's an excellent point Ms. Atkinson. We will definitely make sure that
is taken care of in terms of the lighting. If we need to adjust it in the back. We need to
adjust the lighting back in this area to make sure there is no impact. We certainly can do
that. That's not a problem. Again, with the limits of hours, we're not in a position after
9:00 p.m. where we have to have any significant amount of lighting other than just what's
necessary for security. And the whole thing is secured with fencing all the way around.
So it is totally a secure site. The only way in is the gate out here.
Betsy Atkinson: So, you can assure him that at nine after or whatever time it closes 9:00
p.m. that they'll dim those lights more?
Eddie Bourdon: Yeah. There's no problem with that whatsoever. Again, because we got
Item #19
Kempsville/Centerville Associates, LLC
Page 6
no members of the public that will be in here after 9:00 p.m. as far as getting stuff out of
their lockers unlike the situation where you have 24-7 where you have security reasons
over and above your basic security. We can certainly work with dimming the lights if
that's an issue. I'm not aware of any of the self -storage facilities in the City where we
really had any issues with lighting creating a problem on adjacent properties. And those
facilities it's pretty easy to do. Unlike shopping centers where you do have the need to
provide for the safety of the patrons who visit the shopping center, lighting at much
higher levels during theevening hours again, because of the commercial development.
You're going to have hours well beyond 9:00 p.m. I think it will be a far less intrusive
use on this gentleman or anyone else who lives adjacent to it than would be a shopping
center.
Betsy Atkinson: I agree.
Dorothy Wood: Will?
William Din: Eddie, Mr. Doyle brought something to my attention that I hadn't notice
before and maybe you clarify it for me. On page 10, you have a site map and Stephen go
to the site map here. It says lease parcel there. But the area that we're considering
doesn't look like that. It doesn't include that little parcel there, in the front. Can you
explain what that little rectangular or that section is where it says lease parcel is about?
Eddie Bourdon: I apologize Will. I'm not following you.
William Din: Right up here at the entrance on Kempsville Road.
Eddie Bourdon: Oh, I'm sorry, I was looking down here adjacent to the property. That is
an out parcel that is part of this piece of property. It is the only piece that is not included.
This piece right here where you're referring to...
William Din: Yes.
Eddie Bourdon: That is an out parcel that my client is retaining and hopes of being again,
to provide an opportunity to build some form of commercial office use on that piece of
property on Kempsville Road.
William Din: That's not part of this item?
Eddie Bourdon: It's a part of the property. Its part of the property zoned B-2. But, it's
not part of the Conditional Use Permit. In other words, it's not a rezoning. It's just a Use
Permit. And we filed the Use Permit on all the property you see in the red hacks. We did
not put the Use Permit on this piece and it remains as currently as B-2. And, it's shown
as an out parcel for potential future development if there is a demand for it given its
location on the street. Secondarily, it maintains what you have here and that is you really
don't have any real visibility of the bulk of the storage area from Kempsville Road.
From here, you'll wind up having as you have here, some commercial development and
again, you got it here. So, that was also part of the thinking. The commercial, again, we
don't have a user for it because at this point there isn't a demand for it but there is always
a possibility for a small site that you may find someone who wants an office building or
wants some type of a special commercial use. But that's a lot easier to find a market for
than a large shopping center.
William Din: Maybe a question. Would we be able to see what would go on there Mr.
Scott or anything? How would that be developed?
Robert Scott: Well, as it stands now you wouldn't whether it is subdivided out some day.
And somebody would put an out parcel on there, whether it's a fast food place or a
drycleaners or whatever. I haven't given any thought to that issue until you just
mentioned to be honest with you. But maybe I'd have to think about how we could
attach a condition to this that got you the opportunity to look at it. We would have to
decide on what criteria to look. What would constitute a good use? What would not
constitute a good use? You know one of the big questions here and I guess this goes back
Item #19
Kempsville/Centerville Associates, LLC
Page 7
a little bit to what Mr. Strange was bringing up, I think we need to address the question.
Is this or is this not a good site for retail, generally speaking? We would have to hold to
what's there.
William Din: I kind of agree with what you're saying there but having a parcel that
might be developed with something that we have no control over is a little concerning. I
think the overall development of the site is a very large parcel that we're developing
anyways. I also have a little concern with that. But the front park faces Kempsville Road
is an important aspect of that. I don't know what kind of condition, again, I was caught a
little surprised by this to.
Robert Scott: Well, Stephen's got to leave but he just reminded me before he left, but as
far as appearance goes, we would at least have the Retail Design Guidelines to help out
somewhat, but that doesn't really get to "use." If there are some uses that bother you
more than others, you really don't have a tool that I can come up with this moment as to
how to address that.
Dorothy Wood: Don?
Donald Horsley: The fence does go around? It's hard to see on there. But the fence does
go around the barn?
Eddie Bourdon: The fence goes around the interior. There is no fence on the exterior.
It's just pond and landscaping.
Donald Horsley: So between Mr. Doyle's property and the pond, there won't be any
fence?
Eddie Bourdon: No. It's just going to be natural, all natural area with no improvements
at all. Theoretically, we can do that but I wouldn't think that would be what you would
prefer. We just got the wooded area and the pond all separated. I mean, there's no
access to that other than the stormwater. The rest of this is all segregated and this would
remain in a natural area, which I would think would be more attractive next to this
current residential use than would be having a fence all the way around. If I might
digress, to and I may be opening up a can of worms but, my client, because we are
perfectly willing to add a condition that any development of this out parcel in terms of the
appearance that it would be reviewed by Planning Department or this body. We aren't at
all concerned about the desire. I mean we're in agreement with your desires as far as
seeing what would go there when that occurs. That's not something we would have any
aversion to in terms of wording. If you could come up with the wording of the condition
that you have over site over the development of that out parcel, that's doesn't present any
problems for my client.
Betsy Atkinson: One more quick question. Is that pond going to be wet or dry?
Eddie Bourdon: It will at least in part be wet. I'm not sure. We continue to do all the
borings in terms of what kind of infiltration you've got. All wet. Okay, sorry. It'll be all
wet. It won't be some it'll be all wet.
Dorothy Wood: Okay. Any other questions? Mr. Bourdon, thank you. Is there any
discussion?
Robert Miller: No. I'll repeat what I said this morning first and then that Joe and I talked
some too. I feel like obviously, his concern is one that is one and I should point out. I
think Mr. Bourdon meant that the other mini storage was north of this on Centerville
Turnpike not south but that's okay. I just wanted to make sure that I wasn't lost. Again,
retail in this area just seems to have had trouble in the past and it does concern me that
waiting for more retail to develop again, it's not necessarily waiting but what use can be
applied. What rights do the owners have to be able to develop their property in a
reasonable way? It's a large project and I thought that when I first saw it and I do really
think it's a large mini storage project. But, I don't get into peoples' business plans and
Item #19
Kempsville/Centerville Associates, LLC
Page 8
why they do things the way they do them. And, I just think if we are not going to end up
with retail developed on that property would there be a better use for this? I think Mr.
Doyle kind of answered. In his opinion, he is probably doesn't want the retail either. I
don't know if there is a better use. It would have to go back to residential perhaps. And,
that's traffic and this intersection has got a lot of traffic pressure on it already. So, I think
the mini storage, and I'm sorry Joe. You and I respectfully disagree on this one. It's
probably the best choice with the conditions that staff has put on them.
Dorothy Wood: Don?
Donald Horsley: I guess I kind of agree with what Bob said. It's an odd shaped piece of
property to start with. I guess you could look at it as a temporary use. You still got the
B-2 zoning on the property so years down the road if there was a need, I guess it could be
redeveloped, but right now it looks to me like this is probably one of the best uses you
could put on that. It really looks like a nice project. I was just a little bit concerned about
the safety issue with the BMP not being fenced but we don't fence them all anyways. So,
I guess I intend to support the project.
Dorothy Wood: Anyone else?
Eugene Crabtree: I'd like to make a motion that we approve the project as presented.
Robert Miller: Second.
William Din: I like to at least to have a condition developed I guess, prior to presentation
to Council that this lease parcel be reviewed by staff or somebody prior to developing to
meet some kind of guidelines. I'm not sure what kind of words what need to be said
here.
Dorothy Wood: Can we add that to the motion?
Robert Miller: Second agreement.
Eugene Crabtree: Yes.
Dorothy Wood: Any other discussion? We're ready to vote.
AYE 7 NAY 3 ABSENT 0 ABS 1
ATKINSON AYE
BAUM AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
MILLER AYE
RIPLEY ABS
SALLE' NAY
STRANGE NAY
VAKOS AYE
WOOD NAY
Dorothy Wood: By a vote of 7-3 with one abstention, the motion passes.
Ronald Ripley: Okay. The meeting is adjourned.
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: First United Pentecostal Church — Conditional Use Permit
MEETING DATE: November 26, 2002
Background:
An Ordinance upon Application of First United Pentecostal Church for a Conditional Use
Permit for a church on the southeast corner of Wesleyan Drive and Broad Meadows
Boulevard (GPIN 1468649438). Said parcel is located at 5393 Wesleyan Drive and contains
5.14 acres. DISTRICT 4 — BAYSIDE.
The applicant has contracted to purchase this entire shopping center, but only plans to use
three suites of the building (16,976 square feet) for the church. The remaining space will
continue to be used for commercial businesses.
Considerations:
The applicant proposes to hold church services for a maximum of 350 people, Sunday
School classes, and other church -related activities in three vacant suites on the east end of
the building. Most services and activities will be scheduled for Sunday mornings and
evenings of all days of the week.
The applicant has contacted the Planning Director by letter (attached), requesting an
indefinite deferral of this request.
Recommendations:
Staff recommends an indefinite deferral of this item per the request of the applicant.
Attachments:
Letter from Applicant
Location Map
Recommended Action: Staff recommends indefinite deferral.
Submitting Department/Agency: Planning Department
4160 IL , 1101
City Manager.
1
Of4
vereb Iy & associates, architects
architecture, planning and graphics
2200-f dunbarton drive • chesapeake, virgifia 23325 • (757) 424-4351
Mr. Robert Scott, Director
Department of Plazining
City of Virginia Leach
2 401 Court House Drive
Virginia Beach, Vii.
RE: First United Pentecostal Church
Use Permit Apl; lication
D05 -210 -CUP -2002
15 october 2002
)Dear Mr. Scott:
In reference to the above captioned Use Permit Application the
Church has asked re to roquest an indefinite deferral. Due to the
retirement of the senior pastor the new senior pastor wants a little
time for him to become familiar with the proposed project.
If you have any questions concerning this request please feel free
to contact me at 4-24-435L.
Since.re y,,
r �z_7
(„.
William M. Vereb 1
�Y,
A.I.A.
Map D-5
Yap Not to Scale
Pentecostal Church
Gpin
ZONING HISTORY
1. Rezoning (R-1 Residential to R-1 Residential with PD -H2 Planned
Development overlay) Approved 2-4-85
Rezoning (R-8 Residential to P-1 Preservation) Approved 2-4-85
Item #20
First United Pentecostal Church
Conditional Use Permit for a church
5393 Wesleyan Drive
District 4
Bayside
October 9, 2002
CONSENT
Dorothy Wood: The next item is Item #20, First United Pentecostal Church. An
Ordinance upon Application for First United Pentecostal Church for a Conditional Use
Permit for a church on the southeast corner of Wesleyan Drive and Broad Meadows
Boulevard. It is located in the Bayside District. And there are three conditions.
William Verebely: Mr. Chairman, members of the Commission. My name is William
Verebely of Verebely and Associates Architects. I'm here as agent/architect for the
church. I've read the conditions and we concur.
Dorothy Wood: Thank you.
William Verebely: Thank you.
Dorothy Wood: Is there any opposition to planning Item #20, First United Pentecostal
Church? Hearing none, Mr. Din?
William Din: Again, this is another example of a Consent item that approached the
utilizing part of shopping center. They're actually not making any changes to the
structures that are currently there. They're going to be using three units in the, I guess
the south end of shopping center. Hopefully, it will bring some life back to the shopping
area. It has several vacant stores in it. We are looking to make sure there's ample
parking and that the activities of the church will not interfere with those tenants that are
currently there since they operate during the weekends and the tenants are not there, so
we felt that it there was no opposition to this and again, on the Consent agenda.
Dorothy Wood: Thank you Mr. Din. I would move to approve number 20 with three
conditions.
Ronald Ripley: That's the motion. Do I have a second?
Donald Horsley: Second.
Ronald Ripley: Seconded by Don Horsley. Anybody have any discussion on any of
these matters? We're ready to vote.
AYE 11 NAY 0 ABSENT 0 ABS 0
ATKINSON AYE
BAUM AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
MILLER AYE
RIPLEY AYE
SALLE' AYE
STRANGE AYE
VAKOS AYE
WOOD AYE
Ronald Ripley: By a vote of 11-0, the motion passes
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: Santa Fe, LP — Conditional Use Permit
MEETING DATE: November 26, 2002
Background:
An Ordinance upon Application of Santa Fe, LP, for a Conditional Use Permit for automotive
service on certain property located at 3700 Sentara Way (GPIN 1487523853). Said parcel
contains 11.7 acres more or less. DISTRICT 3 - ROSE HALL.
The purpose of this request is to add a building addition of approximately 6,400 square feet
to the existing automotive service center and four "shade structures" in the parking areas at
Auto Nation dealership located on Sentara Way.
Considerations:
The applicant proposes to add three additions of approximately 6,400 square feet to the
existing processing facility on the site. The processing facility includes service bays, a parts
and tool room, a small retail area, offices, a waiting area and restrooms. The additions will
match the existing building in design and building materials.
Four (4) "shade structures" are proposed for the parking area facing Interstate 264. The
structures vary in size, two are 25 foot by 25 foot, one is 40 foot by 120 foot, and one is 40
foot by 90 foot. The awning colors will be red and blue.
The request is in keeping with the Comprehensive Plan recommendations for the area. The
Plan recognizes the mixture of residential and commercial uses that coexist in this corridor.
Commercial uses and expansion should exhibit a high quality of site and building design and
parking lot and foundation landscaping. The existing landscaping and berming provides
adequate visual relief to the nearby residential uses.
The Planning Commission placed this item on the consent agenda because the proposed
additions are compatible with the existing facility. Staff recommended approval and there
was no opposition to the request.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
11.
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department //A
City Manager4,K , LvAl:
Santa Fe, LP
Page 2 of 3
Recommendations:
The Planning Commission passed a motion unanimously by a recorded vote of 11-0 to approve
this request with the following conditions:
1. The proposed building additions and the location of the proposed shade structures shall
substantially conform in size and location with the submitted site plan titled "Conceptual
Site Layout, Auto Nation, 3700 Sentara Way, Virginia Beach, Virginia", prepared by MSA,
P.C., and dated 09/18/02. Said plan is on file in the City of Virginia Beach Planning
Department.
2. The design, building materials, and building colors of the proposed additions shall
substantially conform with the submitted elevation plan titled "Conceptual Elevations for
the Auto Nation Expansion, Virginia Beach, Virginia", prepared by Lyall Design Architects,
and dated July 15, 2002. Said plan is on file in the City of Virginia Beach Planning
Department.
3. The site shall adhere to all of the conditions attached to the existing Conditional Use
Permit approved by the Virginia Beach City Council on February 25, 1997:
a. No outdoor paging or speaker systems are permitted.
b. The development shall substantially adhere to the submitted rendering, site plan,
and landscape plan on file in the Planning Department. The color scheme shall be
in keeping with the submitted color board. Minor deviations will be permitted only
with the approval of the Planning Director.
c. In addition to the landscaping shown on the submitted landscape plan, a
meandering berm with a height of at least three (3) feet at the peaks is required
along the Sentara Way frontage. Flowerbeds, satisfactory to the Planning Director,
must be incorporated into the landscaping along Sentara Way.
d. The sign shall be monument style with full landscaping at the base and
substantially in keeping with the submitted rendering on file in the Planning
Department. All sign regulations must be adhered to.
e. No signage is permitted on the proposed entrance archway, including promotional
messages or banners, nor shall they be placed on the cars displayed at the
entrance. The archway shall be a maximum of 16 feet and be permitted to allow
traffic passageway, but shall not be lighted at any time. This area shall be
landscaped. All applicable setbacks must be adhered to.
f. No trees or vegetation may be removed by the applicant from the City or State land
located between the subject site and the Expressway, or from the Third Street right
of way.
g. Hours of operation shall be from 9 AM to 9 PM for the sales operation. Hours for
the service center shall be limited to 9 AM to 10 PM. All repair, service,
maintenance, cleaning and washing will be conducted inside the service center.
Bay doors on the service center shall be closed while repair work is being
conducted except for entering and exiting.
h. AH lighting shall be directed away from the nursing facility located on the adjacent
property to the west, and away from the residentially zoned property located to the
south across Sentara Way.
1. A direct access is required for construction traffic from Rosemont Road during
construction of the facility. Construction traffic is prohibited on Sentara Way.
j. Any existing healthy trees located within Spruce Street and the 25 -foot shall be
protected and saved. New landscape material, as shown on the landscape plan,
shall be added where existing vegetation does not meet the Category{
requirements. There shall be a 66' buffer on Spruce Street.
4. Street frontage landscaping, in accordance with the Site Plan Ordinance, Section 5A,
shall be installed along the northern property line adjacent to Interstate 264.
Santa Fe, LP
Page 3 of 3
5. There shall be no pennants, streamers, banners, balloons, or searchlights displayed on
the buildings, shade structures and site at any time.
6. The proposed shade structures shall be substantially in conformance with the submitted
brochure titled "Shade Structures" which is on file with the Planning Department. The
shade structures shall meet the following requirements:
a. The framework shall be of noncombustible construction;
b. The fabric shall be flame resistant;
c. The structures shall meet wind load requirements for the area.
d. The fabric or cover of the structure shall be red, blue or white, in color, or a
combination thereof, to match the buildings.
MG-
f1?1^ Nna-Pt, S1CS_E
Santa Fe LP
Gpin 1487-52-3853
ZONING HISTORY
1. Conditional Use Permit (Automobile sales, service and rental) -- Approved
2-25-97
Street Closure -- Approved 2-25-97 / Final Approval 2-10-98
2. Rezoning (R-7.5 Residential District to B-2 Business District) — Approved
2-25-97
3. Rezoning (B-2 Business District to R-7.5 Residential District) -- Approved
2-25-97
Street Closure — Approved 7-8-971 Final Approval 2-10-98
4. Conditional Use Permit (Mini -warehouse expansion) — Approved 8-26-97
Conditional Use Permit (Mini -warehouse expansion) -- Approved 7-12-94
5. Conditional Use Permit (Automotive and Small Engine Repair) — Approved
10-27-98
6. Street Closure — Approved 6-25-90
7. Street Closure — Approved 4-24-01
Rezoning (B-2 Business District and R-7.5 Residential District to
Conditional B-2 Business District - Approved 12-5-00
8. Conditional Use Permit (Automobile Service and Convenience Store) —
Approved 5-23-00
SANTE FE, LP / # 28
October 9, 2002
* text in `italics' has been added since
the September 11 hearing
General Information:
APPLICATION G07 -210 -CUP -2002
NUMBER:
REQUEST: Conditional Use Permit for an Automotive Service
ADDRESS: 3700 Sentara Way
GPIN:
ELECTION
DISTRICT:
SITE SIZE:
STAFF
PLANNER:
PURPOSE:
Gpin 1487-52-3853
14875238530000
3 — ROSE HALL
11.7 acres
Faith Christie
To add a building addition of approximately 6,400 square feet to the
existing automotive service center and four "shade structures" in the
parking areas at Auto Nation dealership located on Sentara Way
APPLICATION This request was deferred on September 11, 2002 at the request of
HISTORY: the applicant to include the proposed `shade structures' in the use
permit request.
Planning Commission Agenda
October 9, 2002
SANTE FE, LP/#28
Page 1
Major Issues:
• Continued compatibility of this use with the surrounding uses.
Land Use, Zoning, and
Site Characteristics:
Existing Land Use and Zoning
Auto Nation, an automotive sales,
service and rental establishment occupy
the site. The site is zoned B-2 Business
district.
Surrounding Land Use and Zoning
North: • Interstate 264
South: • Sentara Way
• Across Sentara Way are single-family dwellings
and offices / R-7.5 Residential District and B-2
Business District
East: • Mini -warehouses / B-2 Business District
West: • A vacant wooded lot / B-2 Business District
Zoning History
The site was zoned C -L 2 Limited Commercial District and R -S 4 Residence Suburban
District until 1966. In 1966, a majority of the site was rezoned to C -L 2 Limited
Commercial District. From 1973 to 1988, the site was zoned B-2 Business District, and
the western portion was zoned R-6 Residential District. In 1997, the western portion of
the site was rezoned to B-2 Business District. A conditional use permit was approved on
the entire site in 1997 for automobile sales, service and rental. The following conditions
were attached to the use permit:
1. No outdoor paging or speaker systems are permitted.
2. The development shall substantially adhere to the submitted rendering, site
plan, and landscape plan on file in the Planning Department. The color
scheme shall be in keeping with the submitted color board. Minor deviations
will be permitted only with the approval of the Planning Director.
3. In addition to the landscaping shown on the submitted landscape plan, a
meandering berm with a height of at least three (3) feet at the peaks is
required along the Sentara Way frontage. Flowerbeds, satisfactory to the
Planning Director, must be incorporated into the landscaping along Sentara
Way.
4. The sign shall be monument style with full landscaping at the base and
substantially in keeping with the submitted rendering on file in the Planning
Department. Ali sign regulations must be adhered to.
5. No signage is permitted on the proposed entrance archway, including
promotional messages or banners, nor shall they be placed on the cars
displayed at the entrance. The archway shall be a maximum of 16 feet and be
permitted to allow traffic passageway, but shall not be lighted at any time. This
area shall be landscaped. All applicable setbacks must be adhered to.
Planning Commission Agenda
October 9, 2002
SANTE FE, LP / # 28
Page 2
6. No trees or vegetation may be removed by the applicant from the City or State
land located between the subject site and the Expressway, or from the Third
Street right of way.
7. Hours of operation shall be from 9 AM to 9 PM for the sales operation. Hours
for the service center shall be limited to 9 AM to 10 PM. All repair, service,
maintenance, cleaning and washing will be conducted inside the service
center. Bay doors on the service center shall be closed while repair work is
being conducted except for entering and exiting.
8. All lighting shall be directed away from the nursing facility located on the
adjacent property to the west, and away from the residentially zoned property
located to the south across Sentara Way.
9. A direct access is required for construction traffic from Rosemont Road during
construction of the facility. Construction traffic is prohibited on Sentara Way.
10. Any existing healthy trees located within Spruce Street and the 25 -foot shall be
protected and saved. New landscape material, as shown on the landscape
plan, shall be added where existing vegetation does not meet the Category 1
requirements. There shall be a 66' buffer on Spruce Street.
The site was develped in 1998 according to the submitted plans for the conditional use
permit. It appears that the operation is adhering to the conditions of the conditional use
permit, with the exception of continuing sign ordinance violations and a landscaping
issue that are being addressed by the Zoning Inspector for the area.
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ of less 65 dB Ldn surrounding NAS Oceana.
Natural Resource and Physical Characteristics
The site is developed with buildings and parking areas. A small portion of the site along
the northern property lines is in the Resource Protection Area of the Chesapeake Bay
Preservation Area, with the balance of the site in the Resource Management Area.
Public Facilities and Services
Water and Sewer
Water: There is an eight (8) inch water main in Sentara Way in front of the
site. The site has an existing 1 1/2 inch meter that may be used or
upgraded.
Sewer: There is an eight (8) inch sanitary sewer main in Sentara Way in
front of the site. The site is connected to City sewer.
Transportation
Master Transportation Plan (MTP) / Capital Improvement Program (CIP):
Sentara Way in front of this site is a two lane undivided collector / local roadway.
The road is not on the Master Transportation Plan, and there are no projects in the
Capital Improvement Plan to improve Sentara Way. However, Sentara Way is being
studied for improvements within the Capital Improvement Project, CIP 2-097, 1-264 /
Rosemont Road Interchange Improvement Project. One of the alternatives being
studied is to extend Bonney Road over 1-264 and connect it with Sentara Way. If this
alternative is chosen then Sentara Way will be improved to a four lane undivided
roadway from the Sentara Assisted Living facility to Rosemont Road.
Planning Commission Agenda
October 9, 2002
SANTE FE, LP / # 28
Page 3
.
Traffic Calculations:
Street Name
Present
Volume
Present
Capacity
Generated Traffic
Sentara Way
N/A
N/A
Existing Land Use - 881 ADT
Proposed Land Use - 1,121 ADT
ADT = Average Daily Trips
Public Safety
Police:
Fire and
Rescue:
The Police Department has no comment at this time.
A certificate of occupancy shall be obtained form the Building
Official for the appropriate use group of the building. The
Owner / Occupant shall contact the Fire Marshall's office to
determine the requirements pertaining to storage and handling
of flammable and combustible materials.
Comprehensive Plan
The Comprehensive Plan Map designates this area for retail, service, office and other
compatible uses within commercial centers serving surrounding neighborhoods and
communities.
Summary of Proposal
Proposal
• The applicant proposes to add three additions of approximately 6,400 square
feet to the existing processing facility on the site. The processing facility
includes service bays, a parts and tool room, a small retail area, offices, a
waiting area and restrooms. The additions will match the existing building in
design and building materials.
• Four (4) "shade structures"
are proposed for the parking
area facing Interstate 264.
The structures vaty in size,
two are 25 foot by 25 foot,
one is 40 foot by 120 foot, and
one is 40 foot by 90 foot. The
awning colors will be red and
blue.
• The site is on Sentara Way,
off of Rosemont Road in the Princess Anne Plaza / Windsor Woods section of
the city. To the north of the site is Interstate 264, to the east is a Jack Rabbit
Self Storage facility, and to the south are recently constructed offices.
Planning Commission Agenda
October 9, 2002
SANTE FE, LP / # 28
Page 4
Site Design
• The site is developed with two
buildings, the automobile showroom
and the processing facility. A
stormwater management facility
exists along the northern portion of
the site, adjacent to the 1-264 off -
ramp.
• There are 607 parking spaces
depicted on the submitted plan. It
does not appear that adequate
handicap parking exist on the site.
• It appears that sufficient parking lot
landscaping exists on site. Street
frontage landscaping exists along
Sentara Way.
• There are three entrances to the site from Sentara Way.
Vehicular and Pedestrian Access
• Three entrances to the site exist on Sentara Way. On-site traffic circulation
appears to be adequate.
• A sidewalk exists along Sentara Way.
Architectural Design
• The existing buildings are modern in design, constructed with exterior
insulation finish system, exposed steel and glass. The buildings are white,
trimmed in blue and red, with standing seam metal roofs.
• The proposed additions will match the existing buildings in design, building
materials and colors.
• The shade structure awnings will match the building trim colors of red and
blue.
Landscape and Open Space Design
• The site is landscaped in accordance with the approved conditional use
permit plans of 1997, with the exception of the screening along 1-264. The
Zoning inspector for the area is currently investigating this issue.
• An attractive landscape entrance exists in front of the showroom building. In
front of the processing facility exists sufficient street frontage screening.
Planning Commission Agenda
October 9, 2002
SANTE FE, LP / # 28
Page 5
Evaluation of Request
The request for a conditional use permit for additions to the existing automobile
processing facility and "shade structures" is acceptable subject to the conditions listed
below. The submitted site plans; building elevations and shade structure brochure
depict additions that are in keeping with the existing facility. The existing landscaping
and buffering is maturing and will provide visual relief of the current building and
proposed additions to the nearby residential uses.
The request is in keeping with the Comprehensive Plan recommendations for the area.
The Plan recognizes the mixture of residential and commercial uses that coexist in this
corridor. Commercial uses and expansion should exhibit a high quality of site and
building design and parking lot and foundation landscaping. As previously mentioned in
this report the existing landscaping and berming provides adequate visual relief to the
nearby residential uses.
Therefore staff recommends approval of the request for a conditional use permit for an
expansion to the existing processing center subject to the conditions listed below.
Conditions
1. The proposed building additions and the location of the proposed shade
structures shall substantially conform in size and location with the submitted site
plan titled "Conceptual Site Layout, Auto Nation, 3700 Sentara Way, Virginia
Beach, Virginia", prepared by MSA, P.C., and dated 09/18/02. Said plan is on file
in the City of Virginia Beach Planning Department.
2. The design, building materials, and building colors of the proposed additions
shall substantially conform with the submitted elevation plan titled "Conceptual
Elevations for the Auto Nation Expansion, Virginia Beach, Virginia", prepared by
Lyall Design Architects, and dated July 15, 2002. Said plan is on file in the City of
Virginia Beach Planning Department.
3. The site shall adhere to all of the conditions attached to the existing Conditional
Use Permit approved by the Virginia Beach City Council on February 25, 1997:
a. No outdoor paging or speaker systems are permitted.
b. The development shall substantially adhere to the submitted rendering,
site plan, and landscape plan on file in the Planning Department. The
color scheme shall be in keeping with the submitted color board. Minor
deviations will be permitted only with the approval of the Planning Director.
c. In addition to the landscaping shown on the submitted landscape plan, a
meandering berm with a height of at least three (3) feet at the peaks is
required along the Sentara Way frontage. Flowerbeds, satisfactory to the
Planning Director, must be incorporated into the landscaping along
Sentara Way.
d. The sign shall be monument style with full landscaping at the base and
substantially in keeping with the submitted rendering on file in the
Planning Department. All sign regulations must be adhered to.
e. No signage is permitted on the proposed entrance archway, including
promotional messages or banners, nor shall they be placed on the cars
displayed at the entrance. The archway shall be a maximum of 16 feet
and be permitted to allow traffic passageway, but shall not be lighted at
any time. This area shall be landscaped. All applicable setbacks must be
adhered to.
Planning Commission Agenda
October 9, 2002
SANTE FE, LP / # 28
Page 6
f. No trees or vegetation may be removed by the applicant from the City or
State land located between the subject site and the Expressway, or from
the Third Street right of way.
g. Hours of operation shall be from 9 AM to 9 PM for the sales operation.
Hours for the service center shall be limited to 9 AM to 10 PM. Ali repair,
service, maintenance, cleaning and washing will be conducted inside the
service center. Bay doors on the service center shall be closed while
repair work is being conducted except for entering and exiting.
h. All lighting shall be directed away from the nursing facility located on the
adjacent property to the west, and away from the residentially zoned
property located to the south across Sentara Way.
i. A direct access is required for construction traffic from Rosemont Road
during construction of the facility. Construction traffic is prohibited on
Sentara Way.
j. Any existing healthy trees located within Spruce Street and the 25 -foot
shall be protected and saved. New landscape material, as shown on the
landscape plan, shall be added where existing vegetation does not meet
the Category 1 requirements. There shall be a 66' buffer on Spruce Street.
4. Street frontage landscaping, in accordance with the Site Plan Ordinance, Section
5A, shall be installed along the northern property line adjacent to Interstate 264.
5. There shall be no pennants, streamers, banners, balloons, or searchlights
displayed on the buildings, shade structures and site at any time.
6. The proposed shade structures shall be substantially in conformance with the
submitted brochure titled "Shade Structures" which is on file with the Planning
Department. The shade structures shall meet the following requirements:
a. The framework shall be of noncombustible construction;
b. The fabric shall be flame resistant;
c. The structures shall meet wind load requirements for the area.
d. The fabric or cover of the structure shall be red, blue or white, in color, or
a combination thereof, to match the buildings.
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.
Planning Commission Agenda
October 9, 2002
SANTE FE, LP / # 28
Page 7
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SANTE FE, LP / # 28
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SANTE FE, LP / # 28
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Planning Commission Agenda
October 9, 2002
SANTE FE, LP / # 28
Page 10
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Planning Commission Agenda
October 9, 2002
SANTE FE, LP / # 28
Page 11
APPLICATION PAGE 4 OF 4
CONDITIONAL USE PERMIT
CITY OF VIRGINIA BEACH
DISCLOSURE STATEMENT
Applicant's Name: Santa Fe, LP
List AU Current
Property Owners:
Snyder Family Trust
Edward B. Sn der - Trustee
Jean M. Snyder -- Trustee
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below: (Aaaca list if necessary)
_Snyder Family Trust
Edward B. Snyder - Trustee
Jean M. Snyder -- Trustee
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list
ail members or partners in the organization below: (Attach list i}' necessary)
}A
Check here Lithe property owner is NOT a corporation, parixership, firm, or outer =incorporated
organization.
tfthe applicant is not the current owner o, f tke property, complete the Apert Disclosure below:
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list f )
Snyder Familv_Trust
Edward B. Snyder -- Trustee
Jean M. Snyder - Trustee
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all
members or partners in the organization below: (Attach list if necessary)
NJA
❑ Check here if the applicant is NOT a corporation, partnership, fine, or other unincorporated organization.
CERTIFICATION: ir certzfy that the infortnation n contained herein is true and accurate.
Signature
Edward B. Snyder, President
Print Name
ReAm9aMMi
Planning Commission Agenda
October 9, 2002
SANTE FE, LP / # 28
Page 12
Item #28
Santa Fe, LP
Conditional Use Permit for automotive sales
3700 Sentara Way
District 3
Rose Hall
October 9, 2002
CONSENT
Dorothy Wood: The next item is Item #28, Santa Fe, LP. It's an Ordinance upon
Application of the Santa Fe, LP for a Conditional Use Permit for an automobile service
on certain property located at 3700 Sentara Way. This is in the Rose Hall District with
six conditions. Mr. Fine?
Morris Fine: Ms. Wood, I'm Morris Fine, an attorney representing Santa Fe Partnership,
and they will accept the conditions as set forth in the application and the conditions. We
concur.
Dorothy Wood: Thank you Mr. Fine. Is there any objection to Item #28, an Ordinance
for an Application for Santa Fe, LP for a Conditional Use Permit for an automobile
service on Sentara Way? Hearing none, Mr. Baum will you please comment on that?
John Baum: Well, the Commission agreed with the staff. We went through all the
conditions, and we wanted to make sure that there are no pennants, streamers. banners,
balloons, or searchlights, and so forth.
Dorothy Wood: Thank you Mr. Fine. Thank you Mr. Baum? I would move to approve
number 28 with six conditions.
Ronald Ripley: That's the motion. Do I have a second?
Donald Horsley: Second.
Ronald Ripley: Seconded by Don Horsley. Anybody have any discussion on any of
these matters? Yes.
Robert Miller: I just need to abstain from Item #28. My firm is working on that project.
Ronald Ripley: So noted. We're ready to vote.
AYE 10 NAY 0 ABSENT 0 ABS 1
ATKINSON AYE
BAUM AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
MILLER
RIPLEY AYE
SALLE' AYE
STRANGE AYE
VAKOS AYE
WOOD AYE
Ronald Ripley: By a vote of 10-0, the motion passes.
ABS
Map B - 10
M NotA, to Scale
American Parkin: Solutions, Ltd.
Gpin 1456-37-6863
ZONING HISTORY
1. Conditional Use Permit (Temporary Recycling Operation) — Approved 12-
6-94
Conditional Use Permit (Bulk Storage) — Approved 7-12-94
Conditional Use Permit (Landfill) — Approved 5-10-82
2. Rezoning (1-1 Industrial to Conditional B-2 Business) — Denied 6-9-98
Conditional Use Permit (Gasoline Sales in conjunction with a Convenience
Store) — Denied 6-9-98
Conditional Use Permit (Automobile Service Station) — Denied 9-10-96
3. Conditional Use Permit (Bulk Storage) — Approved 12-12-00
Rezoning (1-1 Industrial to B-2 Business) — Approved 3-24-92
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: American Parking Solutions, Ltd. — Conditional Use Permit
MEETING DATE: November 26, 2002
Background:
An Ordinance upon Application of American Parking Solutions, Ltd., for a Conditional Use
Permit for the bulk storage of motor vehicles on the east side of Military Highway,
approximately 1,700 feet north of Alexandria Lane. Said parcel is located in the 600 block of
S. Military Highway (GPIN 1456376863) and contains approximately 48 acres.
The purpose of this request is to obtain a conditional use permit for bulk storage of motor
vehicles on the site for a period of two years. Trucks from the Ford Assembly Plant will be
temporarily stored at this location prior to shipment.
Considerations:
The applicant has contacted the Planning Department and has requested that this item be
deferred to the December 3 City Council meeting. The applicant desires the additional time to
contact property owners who appeared at the November 13 Planning Commission hearing for
the purpose of discussing their concerns.
Recommendations:
Staff concurs with the applicant's request for a deferral of this item to the December 3 City
Council meeting.
Attachments:
Location Map
Recommended Action: Staff recommends deferral to December 3, 2002.
Submitting Department/enc : Planning Department.��
City Manager��• Wt.
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: Snug Harbor Development, LLC — Change of Zoning District Classification
MEETING DATE: November 26, 2002
Background:
An Ordinance upon Application of Snug Harbor Development, LLC for a Change of Zoning
District Classification from A-18 Apartment District and B-2 Community Business District with
Shore Drive (SD) Overlay to A-12 Apartment District with a PD -H2 Planned Unit
Development District Overlay and Shore Drive (SD) Overlay on certain property located at
the northeast corner of Pleasure House Road and Powells Point Road. The proposed zoning
classification change to PD -H2 (A-12) (SD) is for multi -family land use at a density no greater
than 12 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for
retail on the B-2 District site and residential uses above 3.5 dwelling units per acre at
densities that are compatible with multi -family use in accordance with other Plan policies
(G P I N 1570500169; 1570500299; 1570501472; 1570503304; 1570502129; 1570503113) .
Said parcels are located at 2432 Pleasure House Road and 4704 Powells Point Road and
contain 2.529 acres. DISTRICT 4 — BAYSIDE.
The proposal is to construct 24 detached single-family dwellings, in condominium style
ownership, on 2.5 acres.
Considerations:
The submitted PD -H land use plan allows for the construction of 24 detached, single-family
dwellings in a condominium form of ownership with an overall density of 9.5 units per acre.
The Planning Commission placed this item on the consent agenda because the church is an
established use in the area and there should be no negative impact on the surrounding uses.
The Planning Commission placed this item on the consent agenda because the proposal is in
keeping with the Shore Drive Corridor Design Guidelines, staff recommended approval, and
there was no opposition to the request.
Recommendations:
The Planning Commission passed a motion unanimously by a recorded vote of 11-0 to approve
Attachments:
Staff Review
Planning Commission Minutes
Disclosure Statement
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department '
City Managers _ _
Snug Harbor Development
Page 2 of 2
this request with the following conditions:
1. The layout of the proposed development, in terms of dwelling units, stormwater
management facility, road location, ingress/egress, etc. shall substantially adhere to the
site plan entitled "Preliminary Subdivision Plat of Tranquility By The Bay, A Private Beach
Community for Snug Harbor Development," dated September 25, 2002, and prepared by
Kellam-Gerwitz Engineering, Inc. A copy of this plan is on file in the Planning
Department.
2. All landscaping, fencing and signage shown on the plan entitled "Preliminary Subdivision
Plat of Tranquility By The Bay, A Private Beach Community for Snug Harbor
Development," dated September 25, 2002, and prepared by Kellam-Gerwitz Engineering,
Inc. shall be installed by the developer in substantial adherence as depicted. A copy of
this plan is on file in the Planning Department.
3. All single-family dwellings shall be constructed as described in this report and in
substantial conformance with the submitted elevations entitled, "Elevation 1, Snug Harbor
and Elevation 2, Snug Harbor," copies of which are on file in the Planning Department.
4. All accessory structures shall meet the minimum setbacks for primary dwelling units as
described within the Land Use Plan.
5. No features, architectural or structural, shall be permitted within the minimum side yard
setback other than those specifically identified within the Land Use Plan.
6. In the event that the submitted Land Use Plan is inconsistent with the City of Virginia
Beach building code requirements, the Council of American Building Officials One and
Two Family Dwelling Code (1995 edition) and the Uniform Statewide Building Code shall
take precedence.
7. Chain link fencing shall be installed prior to construction to increase the likelihood of
survival for some of the remaining valuable trees. The location of this fencing, which will
be removed after construction of the subdivision is complete, shall be depicted on the
final site plan.
SNUG HARBOR DEVELOPMENT / # 3
October 9, 2002
General Information:
APPLICATION E02 -210 -PDH -2002
NUMBER:
REQUEST: Change of Zoning District Classification from A-18 Apartment
District and B-2 Community Business District with Shore Drive
Corridor District Overlay to A-12 Apartment with a PD -H2 and with
Shore Drive Corridor District Overlays.
ADDRESS: Property located at 2432 Pleasure House Road and 4704 Powells
Point Road.
Map -z
Ma Not to 5ca�e Snu: Harbor Develo ► rnent, LLC
GPIN:
ELECTION
DISTRICT: 4 — BAYS! DE
SITE SIZE: 2.529 acres
•
'1I
Bamford 1qkP
ti
r,.�' / '.+ ` !lt��la:•.,� n�, .11 1 Aran
r' 4iw�3df D
Gpin -- See Application
1570500169, 1570500299, 1570501472, 1570503304,
1570502129, 1570503133
STAFF
PLANNER: Carolyn A. K. Smith
PURPOSE: To construct 24 detached single-family dwellings, in condominium
form of ownership, on 2.5 acres with an overall density of 9.5 units
per acre.
Planning Commission Agenda
October 9, 2002
SNUG HARBOR DEVELOPMENT / # 3
Page 1
Gpin
— See Application
ZONING HISTORY
1. Change of Zoning (8-2 Community Business District to R -5D Residential
District with a PD -H2 Overlay) — G ranted 11-23-99
2. Change of Zoning (R-6 Residential District to A-12 Apartment District) —
G ranted 10-16-88
Change of Zoning (R-6 Residential District to A-2 Apartment District) —
Denied 9-21-87
3. Change of Zoning (R-10 Residential District & A-18 Apartment District to
A-12 Apartment District) — Withdrawn 5-9-88
4. Change of Zoning (R-5 Residential District to A-2 Apartment District) —
G ranted 1-13-86
5. Change of Zoning (R-5 Residential District to A-2 Apartment District) —
Granted 4-15-85
Change of Zoning (R-5 Residential District to A-2 Apartment District) —
G ranted 1-28-85
Major Issues:
• Degree to which density, site and dwelling design are consistent with the
Shore Drive Overlay District and compatible with surrounding land uses and
zoning.
Land Use, Zoning, and
Site Characteristics:
Existing Land Use and Zoning
The property consists of six (6) parcels.
Two (2) existing single-family dwellings
are currently on the site. The property is
a mix of A-18 Apartment District (0.671
acres) and B-2 Community Business
District (1.858 acres) zoning with Shore
Drive Corridor District Overlay.
Surrounding Land Use and Zoning
North:
South:
East:
West:
• Judge Lane
• Single-family dwellings / B-2 Community
Business District with Shore Drive Corridor
District Overlay
• Powells Point Road
• Single-family dwellings / R-7.5 Residential
District with Shore Drive Corridor District
Overlay
• Apartments / A-18 Apartment District with
Shore Drive Corridor District Overlay
• Northampton Boulevard — Chesapeake Bay
Bridge Tunnel
• Pleasure House Road
• Apartments and single family dwellings / A-
12 Apartment District, R -5R Residential
District, R-7.5 Residential District, A-18
Apartment District with Shore Drive
Corridor District Overlay
Zoning and Land Use Statistics
With Existing The applicant could potentially develop the 0.671 acres
Zoning: of the property currently zoned A-18 for 12 townhouse,
duplex, multiple -family, or semidetached dwelling units.
The remaining 1.85 acres could be developed in a
manner consistent with the requirements under B-2
Community Business District, e.g. restaurant, business
office, child care center, retail establishments, etc.
With
Proposed
The submitted PD -H land use plan allows for the
construction of 24 detached, single-family dwellings in
Planning Commission Agenda
October 9, 2002
SNUG HARBOR DEVELOPMENT / # 3
Page 2
Zoning: a condominium form of ownership with an overall
density of 9.5 units per acre.
Zoning History
A similar request for a change of zoning from B-2 Community Business District to R -5D
Residential District with a PD -H2 overlay was granted on a smaller site across Pleasure
House Road in 1999. All other rezoning activity in this area over the last decade has
been requests for rezonings from residential to higher density apartment districts.
Air installation Compatible Use Zone (A1CUZ)
The site is in an AICUZ area of less than 65dB Ldn surrounding NAS Oceana.
Natural Resource and Physical Characteristics
This site is in the Chesapeake Bay watershed. There are many large, healthy trees on
this site that will be impacted by the proposed development. A small "grove" of fruit
trees will be preserved at the northeast corner of the site and the existing vegetated
buffer between this property and the Chesapeake Bay Bridge Tunnel will remain intact.
Public Facilities and Services
Water and Sewer
Water: There is a 10 inch water main in Pleasure House Road, a 4 inch
water main in Judge lane and a 4 inch water main in Powells Point
Road. The site has 2 existing 5/8 inch water meters that may be
removed and replaced with a larger single meter. Pump station
analysis will be required.
Sewer: There is an 8 inch sanitary sewer main in Pleasure House Road
and an 8 inch sanitary sewer main in Judge Lane. This property is
already connected to City sewer.
Transportation
Master Transportation Plan (MTP) / Capital Improvement Program (CIP):
Pleasure House Road is considered a two (2) lane undivided suburban arterial. It is
designated on the Master Transportation Plan as a 70 foot right-of-way with a
bikeway. There are no projects identified in the CIP to upgrade this facility.
Traffic Calculations:
Street Name
Present
Volume
Present
Capacity
Generated Traffic l
Pleasure House Road
5,000 ADT 1
7,200 ADT 1
Existing Land Use Z-1,100 ADT
Proposed Land Use 3 - 240 ADT
' Average Daily Trips
2 as defined by 1.85 acres of existing B-2 and .67 acres of A-18 zoning
3 as defined by 24 detached, single-family units
Planning Commission Agenda
October 9, 2002
SNUG HARBOR DEVELOPMENT / # 3
Page 3
Schools*
School Name
Current
Enrollment
Capacity
Generation
Hermitage Elementary
533
585
4
Great Neck Middle
1,154
1,300
2
Cox Senior High
2,056
2,025 _
4
i "generation" 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).
*This information was based on the original application submission, which had 30 detached single-
family dwelling units.
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 (OPTED) concepts and strategies. The
application of these CPTED concepts will reduce the
opportunity for crime to occur and will enhance the quality of
life.
Fire and All interior, private roadways must provide adequate road width
Rescue: to allow maneuvering of Targe fire apparatus. Fire hydrants
shall not be spaced more than 800 feet apart and shall be
maintained in compliance with approved standards.
Comprehensive Plan
The Comprehensive Plan recommends these parcels for retail, service, office and
compatible uses serving surrounding neighborhoods. The Plan's recommendations
reflect the current zoning on the site. In addition, the land use policies for this portion of
the Bayside Planning Area support residential development that is innovative and
responsive to protecting the character, integrity and quality of the surrounding
community.
Summary of Proposal
Proposal
• To construct 24 detached single-family dwellings, in condominium style
ownership, on 2.5 acres. The applicant describes the homes as having "old
beach cottage" architectural style reminiscent of the Carolinas and the Gulf
Coast of Florida.
Site Design
• The site plan depicts 24 homes. All homes will front a 20 wide private road
that curves through the development. Seven (7) homes will be directly
adjacent to Pleasure House Road.
• The design of the subdivision was somewhat driven by the desire to provide
future homeowners with an adequate buffer from the Chesapeake Bay Bridge
Planning Commission Agenda
October 9, 2002
SNUG HARBOR DEVELOPMENT / # 3
Page 4
Tunnel right-of-way to the east. The closest dwelling unit to the actual edge
of pavement of this facility is approximately 95 feet, 27 feet of which is located
on State property and is vegetated. As described below, additional screening
will be provided.
• This buffer along the eastern
property line will also provide a
passive recreational area for
residents. A gazebo and a 10 foot
wide gravel path are proposed
within the open space and will
service as amenities for the
homeowners. The size and final
locations of these amenities will be
determined prior to submission for
final site plan review.
• A dry detention basin for
stormwater management is located
in the rear of seven (7) units. This
dry infiltration basin will be planted
with grasses and will resemble a
streambed, thus serving as an
additional visual amenity. The
applicant has indicated that a rock
0w
r;
;,�,-'�,::�
garden may possibly be f
incorporated into the design. This facility will be less than two feet in depth.
The exact dimensions and design will be determined prior to final site plan
review.
• A waiver has been requested by the applicant for improvements (turnarounds
and street lighting) for Judge Lane and Powells Point Road. A waiver request
will also be submitted for use of concrete swales for transporting stormwater
runoff to the stormwater management facility.
• Community identification signs, proposed at the two (2) corners of the
property along Pleasure House Road, will be incorporated into a proposed
black wrought iron style fence that will surround the property. The fence will
have decorative brick or stone columns.
• All homes will have a single -car garage and driveway available for an
additional vehicle. Additional parking is available along Judge Lane and
Powells Point Road.
• Stamped colored asphalt is proposed at both vehicular entrances and within
the subdivision in areas where additional turnaround, back up or access was
deemed necessary. Adding a pattern and changing the color of the pavement
should assist in reducing any appearance of a "sea of asphalt."
Vehicular and Pedestrian Access
• Vehicular access is provided to this site via Judge Lane and Powells Point
Road. There will be no direct access for individual homes onto Pleasure
House Road.
• Sidewalks do not currently exist on any of the rights-of-way nor are they
proposed along the main street proposed in this development. The width of
the proposed interior street will provide adequate space for two (2) passing
Planning Commission Agenda
October 9, 2002
SNUG HARBOR DEVELOPMENT / # 3
Page 5
vehicles and bikes or pedestrians.
Architectural Design
• The Shore Drive Corridor Design Guidelines recommend that for medium and
high density development such as this the following guidelines should be
utilized:
• Front building facades should be located at the front yard setback;
• The street elevation of multiple unit residential buildings should have at
least one street oriented entrance and contain the principal windows of
the front unit;
• For structures with attached garages the width of the front facade
should be at least five (5) feet greater than the width of the garage
along the street frontage. The garage portion of the building should be
set back at lest five (5) feet farther than the house from the street.
• The homes are designed in a vernacular `beach cottage' style. The interior
floor area of the units will range in size from 1,500 to 2,100 square feet. The
footprints of each of the three (3) models will be identical. The exterior colors,
architectural options, and interior layouts will establish variety between the
models; however, all units will have a minimum of three (3) bedrooms and two
(2) baths. The applicant has indicated that the homes will likely be priced
from $220,000 to $260,000.
• The units will be at least two -stories with three options for a third story
"tower." These options include an octagonal turret, a rectangular space, and
a half size loft. All will have an open porch at the top of the tower.
• All units will have at least one front porch; minimum dimensions 5 feet by 14
feet, with white fencing. All units will have three porch options: a one-story
porch, a full two-story porch, and a gabled full two-story porch. Additional
optional features on the porches will include false shutters, porch doors and
metal roof accents.
• All homes will have a single -car garage and be designed to be "built in" so
garage door exposure is minimized behind the porch element. All garage
doors will employ the cottage style design.
• Exteriors will be painted cement fiberboard and no exterior color will be used
more than once. Each house will be a different color. The applicant will
supply potential homeowners with a palette of colors to choose.
• All soffits will be exposed painted wood. All exterior trim around windows,
porches and soffits will be a shade of white or a similar neutral color.
• Each unit will have a private fenced courtyard (15 feet by 10 feet) with a patio.
This white fencing will not exceed four (4) in height.
• Streetlights throughout the development will be black carriage style. All
exterior lighting on the units will be chosen by the developer to ensure a
uniform appearance.
Landscape and Open Space
• The layout of the development provides a buffer along the eastern property
line, adjacent to Route 13 — the Chesapeake Bay Bridge Tunnel right-of-way.
Planning Commission Agenda I.
October 9, 2002
SNUG HARBOR DEVELOPMENT / # 3
Page 6
The existing vegetative buffer will remain in a natural state as much as
possible and will be supplemented with evergreen plantings for additional
screening where necessary. This area is approximately 0.37 acres. With the
addition of the stormwater management facility area, the open space acreage
increases to 1.5 acres or 39 percent of the site.
• Evergreen shrubs (wax myrtles) are proposed inside the four (4) foot
decorative black wrought iron style fence that will run parallel to Pleasure
House Road, Judge Lane and Powells Point Road.
• While many of the Targe existing trees on the site will be removed to
accommodate the development, the applicant has agreed to install chain link
fencing around trees to be saved during construction to increase the
likelihood of retaining some of the most valuable trees. The location of this
fencing, which will be removed after construction is complete, will be depicted
on the final site plan.
• The preliminary plan does indicate that approximately 40 percent of the
existing trees will remain (40 trees). In addition, at least 80 new trees are
proposed throughout the development.
PD -H Land Use Plan
In accordance with the requirements of the PD -H2 Planned Development District, the
applicant submitted the following Land Use Plan, which will govern the development of
this project. The provisions below, where they conflict with the requirements of the City
of Virginia Beach Zoning Ordinance for the underlying zoning of the district (A-12), will
supersede the requirements of the ordinance (Section 1124).
Building Description
• Exteriors shall be painted cement fiberboard with no main exterior color to
be used more than once.
• The units will be on crawl space foundations with any exposed portion of
the foundation to brick, stone or parged.
• Soffits will be exposed painted wood.
• All exterior trim around windows, porches and soffits will be a shade of
white or a similar neutral color.
• Porches will be a minimum of 5' x 14' with white railings. Optional features
on the porches will include false shutters, porch doors and metal accent
roofs. The rear courtyard patios will be bounded with white fencing.
• Garages will be one car and built in so door exposure is minimized behind
the porch element. The garage doors will be the new craftsman/cottage
style.
• Square footage will range from 1,500 to 2,100 square feet with a minimum
of three (3) bedrooms and two (2) bathrooms.
Building Height
• The maximum building height will be thirty-five (35) feet.
Lot Coverage
• Maximum lot coverage shall not exceed forty (40) percent.
Planning Commission Agenda
October 9, 2002
SNUG HARBOR DEVELOPMENT / # 3
Page 7
Setbacks -- All setbacks to be measured from a property line or a private
street (face of curb).
• Along Pleasure House Road - the setback will be twenty (20) feet from
current right-of-way except for patios and steps to patio, which will be at
ground level.
• Along Judge Lane - the setback will be eighteen (18) feet from current
right-of-way except for patios and steps to patio, which will be at ground
level.
• Along Powells Point Road - the setback will be eighteen (18) feet from
current right-of-way except for patios and steps to patio, which will be at
ground level.
• Along Route 13 - the Chesapeake Bay Bridge Tunnel property — no
dwelling unit may be closer than fifty (50) feet from the right-of-way.
• The minimum distance between dwelling units along will be ten (10) feet.
The eaves and porches will be no closer than 6.5 feet.
• Mechanical equipment (HVAC) will not be located between dwelling units
utilizing the minimum ten (10) foot setback.
• Chimneys (unless flush with the facade) will not be located between
dwelling units utilizing the minimum ten (10) foot setback.
Drive Aisle and Parking
• The main drive aisle will be twenty (20) feet asphalt with stamped asphalt
paving accents as indicated on the plan.
• Two (2) parking spaces will be provided per unit. One (1) 9 feet x18 feet
exterior space and one (1) garage space.
Fencing and Landscaping
• There will be black vinyl wrought iron style fencing with brick or stone
columns along Pleasure House Road, Judge Lane, and Powells Point
Road back to the entrances.
• There will be Category! landscaping along the three (3) rights-of-way and
approximately 40 existing trees will be preserved in the rights-of-way and
the open space areas, where feasible. The right-of-way fencing may be
adjusted to help preserve trees.
Open Space/Park Area
• There will be open space/park areas as indicated on the preliminary
drawing. There will be a walking path, gazebo and benches placed in this
area for use by the homeowners.
Street Lighting
• Street lighting will be the black carriage style lighting.
Trash Collection
• Trash collection will be by private service.
Planning Commission Agenda
October 9, 2002
SNUG HARBOR DEVELOPMENT / # 3
Page 8
Evaluation of Request
This request for a change of zoning from A-18 Apartment District and B-2 Community
Business District with Shore Drive Corridor Overlay to A-12 Apartment District with a
PD -H2 Planned Development and Shore Drive Corridor Overlays for 24 units with an
overall density of 9.5 units per acre is acceptable. While staff is increasingly concerned
about the use of the PD -H2 Planned Development District on parcels smaller than 5
acres in ways that are resulting in less then optimum design results, this proposal
demonstrates that "the proposed development of the property would differ from that
which would otherwise be permitted in the underlying zoning district and [that there will
be] a public benefit to be gained by developing the property in a PD -H2 District"
(Section 1124 of the City Zoning Ordinance). For example, the proposal accomplishes
the following:
1. results in a dwelling unit density less than that afforded by the abutting A-12
District;
2. retains significant treed areas internally and along boundary lines abutting road
thoroughfares;
3. provides required open space and attractive site amenities, including the use of
the stormwater management system as an aesthetic focal point; and
4. utilizes an attractive and quality architectural design that will be an enhancement
to the surrounding community.
The homes are designed in a vernacular beach cottage style. The scale and design of
the units are consistent with Shore Drive Corridor Design Guidelines. The architectural
style is compatible with the desired character of the community and may encourage the
continued upgrade of surrounding properties. The overall layout of the development
attempts to create an urban -like setting in terms of setbacks and interior road location.
While not a true urban design, setting the garages back from the front facade and
utilizing front porches provide subtle but important elements traditionally associated with
urban settings that will enhance the character of the project. The layout design also
considered the need for providing an adequate buffer along the eastern property line,
adjacent to Route 13 — Chesapeake Bay Bridge Tunnel right-of-way. The existing
vegetative buffer will remain in a natural state as much as possible and will be
supplemented with evergreen plantings.
The plan indicates that the proposed total impervious surface will be approximately 40
percent. If these parcels were to develop under the provisions of the current zoning, the
percentage of imperviousness would be much higher. From an environmental
standpoint, this reduction in potential stormwater is significant. In addition, the City's
Traffic Engineering staff reported that this proposal will generate far Tess traffic,
approximately 860 fewer daily trips, than if the site was developed by right under the
current zoning.
The applicant's representative has requested a waiver, on behalf of the applicant, to
right-of-way improvements along Judge Lane and Powells Point Road. In the request, it
states that the installation of cul-de-sacs at the terminus of both streets is not warranted
as each of these stub streets only have one other user. The construction of the cul-de-
sacs would also necessitate the removal of additional trees and create additional
maintenance for the City. City refuse trucks will not need to enter the proposed
development, as a private contactor will remove all garbage. In addition, the request
also states that school buses do not nor will they in the future use the roads for bus
stops as they are less than 300 feet in length, again negating the need for a turn
around. Finally, fire trucks will not need access to a cul-de-sac on these streets, as all
structures will be less than 500 feet from a fire hydrant. The Department of Public
Works is reviewing this request.
Planning Commission Agenda
October 9, 2002
SNUG HARBOR DEVELOPMENT / # 3
Page 9
This request, therefore, is recommended for approval subject to the submitted Land Use
Plan and the conditions below.
Conditions
1. The layout of the proposed development, in terms of dwelling units, stormwater
management facility, road location, ingress/egress, etc. shall substantially adhere
to the site plan entitled "Preliminary Subdivision Plat of Tranquility By The Bay, A
Private Beach Community for Snug Harbor Development," dated September 25,
2002, and prepared by Kellam-Gerwitz Engineering, Inc. A copy of this plan is
on the in the Planning Department.
2. AH landscaping, fencing and signage shown on the plan entitled "Preliminary
Subdivision Plat of Tranquility By The Bay, A Private Beach Community for Snug
Harbor Development," dated September 25, 2002, and prepared by Kellam-
Gerwitz Engineering, Inc shall be installed by the developer in substantial
adherence as depicted. A copy of this plan is on file in the Planning Department.
3. All single-family dwellings shall be constructed as described in this report and in
substantial conformance with the submitted elevations entitled, "Elevation 1,
Snug Harbor and Elevation 2, Snug Harbor," copies of which are on file in the
Planning Department.
4. All accessory structures shall meet the minimum setbacks for primary dwelling
units as described within the Land Use Plan.
5. No features, architectural or structural, shall be permitted within the minimum
side yard setback other than those specifically identified within the Land Use
Plan.
6. In the event that the submitted Land Use Plan is inconsistent with the City of
Virginia Beach building code requirements, the Council of American Building
Officials One and Two Family Dwelling Code (1995 edition) and the Uniform
Statewide Building Code shall take precedence.
7. Chain link fencing shall be installed prior to construction to increase the likelihood
of survival for some of the remaining valuable trees. The location of this fencing,
which will be removed after construction of the subdivision is complete, shall be
depicted on the final site plan.
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.
Planning Commission Agenda
October 9, 2002
SNUG HARBOR DEVELOPMENT / # 3
Page 10
Proposed Entrance Feature and Fencing
-
Planning Commission Agenda
October 9, 2002
SNUG HARBOR DEVELOPMENT / # 3
Page 12
Proposed Entrance Feature and Fencing
-
Planning Commission Agenda
October 9, 2002
SNUG HARBOR DEVELOPMENT / # 3
Page 12
Proposed Homes / Streetscape
Planning Commission Agenda
October 9, 2002
SNUG HARBOR DEVELOPMENT / # 3
Page 13
Proposed Architectural Style of Homes
Planning Commission Agenda
October 9, 2002
SNUG HARBOR DEVELOPMENT / # 3
Page 14
Planning Commission Agenda
October 9, 2002
SNUG HARBOR DEVELOPMENT / # 3
Page 15
r. r ll APPLICATION PAGE 4 OF 4
REZONING
CITY OF VIRGINIA BEACH
DISCLOSURE STATEMENT
kpplicant's Name: S v 44&4.. r LLC , ' '►rte n x
List Alt Current
Property Owners: vh) 1.. Ea c�e ,. L
PROPERTY OWNER DISCLOSURE
if the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary)
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list
alt members or partners in the organization below: (Attach list if necessary)
1 Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated
organization.
ff the applicant is not the current owner of the property, complete the Applicant Disclosure section below:
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary)
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, listaall
n rmbers or partners in the organization below: (Attach list if necessary)
A147-4 LLE F` .. ! /V f fl f
0 Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization.
CERTIFICATION: 1 certify that the information contained herein is true and accurate.
c givetec-
Print Name
Planning Commission Agenda
October 9, 2002
SNUG HARBOR DEVELOPMENT / # 3
Page 16
Item #3
Snug Harbor Development, LLC
Change of Zoning District Classification
Northeast corner of Pleasure House Road and Powells
Point Road
District 4
Bayside
October 9, 2002
CONSENT
Ronald Ripley: The next order of business will be our Consent agenda. These are items
that we have met with staff. We've seen these properties and as a group we believe they
should be consented with a favorable recommendation. I am going to ask Dot if she
would please take this part of the agenda and would also have three of our Planning
Commissioners will comment based on what our reasoning is on the Consent so that the
public has a better understanding as for some of our reasons for recommendation. Dot?
Dorothy Wood: Thank you Ron. This afternoon, we have 13 items on the Consent
agenda. As I call the item, would you please step to the podium, either the applicant for
the applicant's representative and state your name, if you have read the conditions, if you
agree with them and then after that, I'll call anyone who is against the item. The first
item is Item #3 with seven conditions. It is Snug Harbor Development. The ordinance
upon application of Snug Harbor Development for Change of Zoning District
Classification from A-18 Apartment District and B-2 Community Business District to A-
12 Apartment District with a PD -H2 Planned Unit Development District Overlay on
Pleasure House Road and Powells Point Road. The proposed zoning classification is for
multi -family land use at a density no greater than 12 units per acre. This is in the Bayside
District. Mr. Bourdon?
Eddie Bourdon: Thank you Mrs. Wood. Eddie Bourdon representing the applicant. The
conditions as spelled out in the staff evaluation are all acceptable to the applicant and
there was a substitution, I think you all received it on page 10. The Land Use Plan where
there was an incorrect statement about 25 percent, it's 40 percent. With that correct, the
conditions are acceptable to us. My client will work with staff during site plan review as
far as the sidewalk along Pleasure House Road. If that could be accommodated with the
drainage issues that certainly can be done. But that will be something that will be dealt
with at site plan review.
Dorothy Wood: Thank you Mr. Bourdon. Is there any opposition to this Consent agenda
item?
Ronald Ripley: I might add if you don't mind. If anybody has any objection we will pull
it off the Consent agenda and we'll hear it in its regular course on the agenda during that
portion of the meeting.
Dorothy Wood: Thank you. Mr. Horsley, will you please comment on that.
Donald Horsley: Yes, Dot. The Commission feels we weren't going to have any
opposition. And it doesn't appear that we have any today. We have full staff support.
Elevations that were provided seem to be perfect for the area. In the evaluation, it's a
less incident density then some adjoining properties, A-12, and is preserving a significant
treed area. It's preserving open space and attractive amenities with the storm water
management system. We feel that the whole project will enhance the surrounding
communities. So that's the reason why we put it on our Consent agenda.
Dorothy Wood: Thank you Don. Mr. Ripley, I would move to number three with seven
conditions.
Ronald Ripley: Okay. That's the motion. Do I have a second?
Donald Horsley: Second.
Item #3
Snug Harbor Development, LLC
Page 2
Ronald Ripley: Seconded by Don Horsley. Anybody have any discussion on any of
these matters? We're ready to vote.
AYE 11 NAY 0 ABSENT 0 ABS 0
ATKINSON AYE
BAUM AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
MILLER AYE
RIPLEY AYE
SALLE' AYE
STRANGE AYE
VAKOS AYE
WOOD AYE
Ronald Ripley: By a vote of 11-0, the motion passes.
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: Whitt G. Sessoms, Ill — Conditional Rezoning and Conditional Use Permit
MEETING DATE: November 26, 2002
Background:
Application of Whitt G. Sessoms for a Change of Zoning District Classification from A-12
Apartment District to Conditional B-2 Community Business District on the south side of
Virginia Beach Boulevard, 195.07 feet east of Seabridge Road, (GPIN 2417751570). Said
parcel is located at 949 Virginia Beach Boulevard and contains 4 acres, more or less.
DISTRICT 6 — BEACH.
Application of Whitt G. Sessoms for a Conditional Use Permit for a bulk storage yard on the
south side of Virginia Beach Boulevard, 195.07 feet east of Seabridge Road (GPIN
2417751570). Said parcel is located at 949 Virginia Beach Boulevard and contains 4 acres,
more or less. DISTRICT 6 — BEACH .
The purpose of these requests is rezone the site from A-12 Apartment to Conditional B-2
Community Business and to establish a bulk storage yard for automobiles, motor homes,
campers, boats and boat trailers on a short-term basis.
Considerations:
The applicant proposes to use the site for a bulk storage yard pending the development of
the new convention center complex at the site of the existing Pavilion. The applicant is
proffering that at the time the convention center opens, the site will cease use as a bulk
storage yard and will develop with uses that are in keeping with the Virginia Beach Boulevard
Corridor study recommendations and the Oceanfront Resort Area Concept Plan.
The applicant proposes the storage of automobiles, motor homes, campers, boats and boat
trailers. The existing two story office / apartment building on the site may be used for the
office and a caretaker's quarters.
The Planning Commission placed this item on the consent agenda because the proposal is short
term in nature, staff recommended approval, and there was no opposition to the request.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval. 1
Submitting Department/Agency: Planning Department
g'A,
City Manager: r'
Whitt G. Sessoms, 111
Page 2 of 2
Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request
with the following conditions:
1. The property shall be used as a bulk storage yard primarily for the storage of
automobiles, motor homes, campers, boats and boat trailers. Said conditional use
shall be limited to a period of either five (5) years from the time of issuance of this
conditional use permit or when the new convention center to be located on the site of
the existing Pavilion on 19th Street opens for business to the public, whichever is
less. The Planning Director shall review the towing portion of the operation
administratively on a yearly basis.
2. The bulk storage yard shall be enclosed with Category VI screening, as specified in
the Landscape, Screening, and Buffering Specifications and Standards for the City of
Virginia Beach, or by an alternative method as approved by the Planning Director.
The screening shall be installed and approved by the end of the first planting season
following occupation of the site.
3. The bulk storage yard may be gravel, except for necessary access for fire equipment,
provided a waiver of on-site improvements is requested and approved by the
Planning Director.
4. Vehicles that are towed to the site shall only be from authorized and licensed
automotive repair facilities. No wrecked or inoperative vehicles shall be stored on the
site without a valid service ticket outlining the work to be performed and date that the
project is promised to be delivered to the customer. Vehicle towing shall only occur
Monday through Friday, between the hours of 8:00 a.m. and 8:00 p.m., and on
Saturday from 9:00 a.m. to 8:00 p.m. There shall be no towing on Sunday.
5. The hours of operation for the overall storage yard shall be Monday through
Saturday, 6:00 a.m. to 8:00 p.m. and Sunday, 9:00 a.m. to 8:00 p.m.
6. There shall be no disposal of remnant sewage from recreational vehicles on the site.
7. If the existing building is to be used for the office and or caretaker's quarters the
applicant shall obtain all necessary permits and inspections from the Permits and
Inspections Division of Planning and the Fire Department. A certificate of occupancy
shall be obtained from the Building Code Official before a business license is issued.
Whitt G. Sessoms, III
Gpin 2417-75-1570
ZONING HISTORY
1. Enlargement of a Nonconforming Use — Approved 6-23-93
2. Rezoning (B-2 Commercial to A-12 Apartment) — Approved 10-10-88
Conditional Use Permit (Group Home) — Approved 10-10-88
Conditional Use Permit (Group Home — Addition) — Approved 8-14-89, 2-
11-92, 10-28-93, 10-24-95, 4-25-00
WHITT G. SESSOMS, III / # 21 & 22
November 13, 2002
General Information:
APPLICATION
NUMBER:
REQUEST:
L07-210-CRZ-2002
L07 -210 -CUP -2002
(21) Change of Zoning District Classification from A-12 Apartment
District to Conditional B-2 Community Business District.
(22) Conditional Use Permit for a Bulk Storage Yard
ADDRESS: 949 Virginia Beach Boulevard
GPIN:
ELECTION
DISTRICT:
SITE SIZE:
STAFF
PLANNER:
PURPOSE:
klap L7
!AO. Not - , kale
Whitt G. Sessoms III
;11\E -LC SHOPPING
Gpin 2417-75-1570
24177515700000
#6 - BEACH
4 acres
Faith Christie
To rezone the site from A-12 Apartment to Conditional B-2 Community
Business and to establish a bulk storage yard for automobiles, motor
homes, campers, boats and boat trailers.
Planning Commission Agenda
November 13, 2002
WHITT G. SESSOMS, III / # 21 & 22
Page 1
APPLICATION At the October 9 public hearing, the Planning Commission deferred
HISTORY: this item, directing the applicant to work with staff and the adjacent
property owners regarding several issues raised at the hearing.
Changes to this report since the October 9 hearing resulting from
discussions with the applicant are indicated in strike -through and
underline.
Major Issues:
• This site is located on a primary entrance into the resort area, Virginia Beach
Boulevard. Consistent with recommendations of the Comprehensive Plan,
development in this area should complement and enhance the resort area.
This area and its environs, the Virginia Beach Boulevard Corridor, has been
identified by the City Council for a planning study with the objective of
improving the corridor to advance the goals of the Oceanfront Resort Area
Concept Plan. The study is currently underway.
Land Use, Zoning,
and Site
Characteristics:
Existing Land Use and
Zoning
The site is vacant, except for a
vacant two-story building and a
drive lane that runs through the
center of the site. The first floor o
the building is an office; the
second floor is an apartment. A
mobile home park previously
occupied the site. The site is
zoned A-12 Apartment District.
Surrounding Land Use and Zoning
North: • Virginia Beach Boulevard
• Across Virginia Beach Boulevard are various
retail and service type uses / RT -3 Resort Tourist
South: • Mobile Home Park and Multiple Family dwellings
/ A-12 and A-18 Apartment
East: • Mobile Home Park / A-12 Apartment
West: • Gas Station and Convenience Store and a
Townhouse Community / B-2 Business and A-12
Apartment
Zoning History
Before 1973, the site was zoned C -G 1 General Commercial and M -I 2 General
Industrial districts. Mobile home parks were permitted in the M -I 2 General Industrial
district subject to a conditional use permit. From 1973 to 1988, the site was zoned A-1
Planning Commission Agenda
November 13, 2002
WH1TT G. SESSOMS, III / # 21 & 22
Page 2
Apartment District. From 1988 to the present, the site has been zoned A-12 Apartment
district. An enlargement to a nonconforming use, the mobile home park, was approved
in June 1993.
Zoning and Land Use Statistics
With existing zoning —
Any of the principal and conditional uses in the A-12 Apartment District that are
permitted in the City Zoning Ordinance. Forty-eight (48) multiple family units would
be permitted.
With proposed zoning —
Any of the principal and conditional uses in the B-2 Community Business District
except the following uses:
a) Automobile Repair Garage;
b) Boat Sales with Outside Storage of Boats;
c) Body Piercing Establishments:
d) Borrow Pit;
e) Eating and Drinking Establishments with Drive-thru pick-up windows:
f) Flea Markets:
g) Furniture Repair and Upholstering;
h) Marinas, commercial;
1) Mini -warehouses;
j) Mobile Home Sales;
k) Motor Vehicle Sales;
I) Passenger Transportation Terminals for Buses;
m) Passenger Vessels permitted by the U.S. Coast Guard regulations;
n) Personal Watercraft Rentals;
o) Public Utility Storage or Maintenance Installations;
p) Tattoo Parlors; and
q) Wholesaling and Distribution as a stand alone use;
Per Proffer 2, the property may specifically be used for a bulk storage yard for
automobiles, motor homes, campers, boats and boat trailers for a period of five (5)
years from the time said conditional use commences or when the new convention
center to be located on the site of the Pavilion on 19th Street opens for business to
the public, whichever is less.
Air Installation Compatible Use Zone (AICUZ)
The southwestern portion of the site is in the more than 75 dB Ldn AICUZ surrounding
NAS Oceana. The northeastern portion of the site is in an AICUZ of 70 to 75 dB Ldn
surrounding NAS Oceana.
Natural Resource and Physical Characteristics
A two story structure and drive aisle occupy a portion of the site. The balance of the site
is lawn and mature trees. The site is in the Owls Creek watershed.
Public Facilities and Services
Water and Sewer
Water: There is a twenty-four (24) inch and a twelve (12) inch water main
in Virginia Beach Boulevard fronting the property. The site has an
Planning Commission Agenda
November 13, 2002
WHITT G. SESSOMS, Ill ! # 21 & 22
Page 3
existing two (2) inch meter that may be used.
Sewer: There is a twenty (20) inch sanitary sewer force main in Virginia
Beach Boulevard. The site is connected to City sewer.
Transportation
Master Transportation Plan (MTP) / Capital Improvement Program (CIP):
Virginia Beach Boulevard in front of this site is a four -lane major collector roadway.
There are no plans to improve the roadway in the CIP project list.
Traffic Calculations:
Street Name
Present
Volume
Present
Capacity
Generated Traffic
Virginia Beach Boulevard
9,644 ADT
13,100 ADT
Level of Service
Existing Land Use 2 - 198
Proposed Land Use 3 - 1,485
' Average Daily Trips
2 as defined by A-12 Apartment District
3 as defined by B-2 Business District
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 it
pertains to this site.
Fire and Adequate access and an all weather road surface are required
Rescue: for Fire Department access.
Comprehensive Plan
The Comprehensive Plan recommends this area for resort uses including lodging,
retail, entertainment, recreational, and cultural uses. This area and its environs, the
Virginia Beach Boulevard Corridor, has been identified by the City Council for a
planning study with the objective of improving the corridor to advance the goals of
the Oceanfront Resort Area Concept Plan. Development in this area should be of
high quality and complement the Beach Services Center and Pavilion Convention
Center.
The Comprehensive Pian and the Oceanfront Resort Area Concept Plan also
recognize that the intrusion of unwanted resort or commercial uses into residential
areas should be prohibited. A stable townhouse community exists to the west of the
site.
Summary of Proposal
Proposal
Planning Commission Agenda
November 13, 2002
WHITT G. SESSOMS, III / # 21 & 22
Page 4
• The applicant proposes to use the site for a bulk storage yard pending the
development of the new convention center complex. The applicant is
proffering that at the time the convention center opens, the site will develop
with uses that are in keeping with the Virginia Beach Boulevard Corridor study
recommendations and the Oceanfront Resort Area Concept Plan.
• The applicant proposes the storage of automobiles, motor homes, campers,
boats and boat trailers. The existing two story office / apartment building on
the site may be used for the office and a caretaker's quarters.
Site Design
• No site development plans were submitted with the request. The applicant
does not intend to make any improvements to the site except landscaping
where necessary to buffer the adjacent uses and along Virginia Beach
Boulevard. Improvements to the structure may be done for use as an office /
caretaker's residence.
Vehicular and Pedestrian Access
• One entrance exists into the site from Virginia Beach Boulevard. There are
no sidewalks along the right of way.
Architectural Design
• A two-story block building exists on the site. The building was the office for
the mobile home park that previously occupied the site. The applicant
indicates an apartment exists on the second floor.
• No architectural plans were submitted with the application.
Landscape and Open Space Design
• No landscape plan was submitted with the application. The City Zoning
Ordinance requires a minimum of Category VI screening around the entire
bulk storage yard. Category VI screening is a minimum six (6) foot solid fence
with shrubs, such as those listed in Category I screening. Section 272 (b) of
the City Zoning Ordinance allows existing screening materials to be used to
satisfy screening requirements. Additionally, Section 273 permits the Planning
Director to approve modifications to the screening requirements provided the
effect and intent of the screening is achieved.
• The applicant states he will landscape along Virginia Beach Boulevard. The
applicant will install fast growing shrubs, a minimum of 4 feet in height, along
the rear property line, adjacent to the mobile home park. Currently a six-foot
chain link fence exists along the rear property line. A six- foot privacy fence
exists along the western property line, adjacent to multi -family residential.
Along the western property line adjacent to the townhouse community, the
applicant will infill shrubs where needed to supplement existing vegetation.
Staff concludes that the proposed screening is sufficient for the temporary
use.
Planning Commission Agenda
November 13, 2002
WHITT G. SESSOMS, Ill / # 21 & 22
Page 5
Proffers
PROFFER # 1 The property may be used for all principal uses and any
conditional uses specifically authorized by City Council
with a Conditional Use Permit, within the B-2 Community
Business District as set forth in the Zoning Ordinance (as
defined herein), except for the following uses, which shall
not be permitted:
a) Automobile Repair Garage;
b) Boat Sales with Outside Storage of Boats;
c) Body Piercing Establishments:
d) Borrow Pit;
e) Eating and Drinking Establishments with Drive-thru
pick-up windows:
f) Flea Markets:
g) Furniture Repair and Upholstering;
h) Marinas, commercial;
i) Mini -warehouses;
j) Mobile Home Sales;
k) Motor Vehicle Sales;
I) Passenger Transportation Terminals for Buses;
m) Passenger Vessels permitted by the U.S. Coast
Guard regulations;
n) Personal Watercraft Rentals;
o) Public Utility Storage or Maintenance Installations;
p) Tattoo Parlors; and
q) Wholesaling and Distribution as a stand-alone use.
Staff Evaluation: The proffer is acceptable. The applicant has identified
certain uses that would not be permitted on the site and
are not in keeping with the vision for the Virginia Beach
Boulevard Corridor.
PROFFER # 2 The property, upon issuance of a Conditional Use Permit,
may be used as a bulk storage yard primarily for the
storage of automobiles, motor homes, campers, boats and
boat trailers. Said conditional use shall be limited to a
period of either five (5) years from the time of said
conditional use commences or when the new convention
center to be located on the site of the Pavilion on 19th
Street opens for business to the public, whichever is less,
as set forth in the Conditional Use Permit.
Staff Evaluation: The proffer is acceptable. The proffer states the proposed
use of the site for the next five years; however, the
appropriate area for this proffer is as a condition of the
conditional use permit.
City Attorney's
Office:
The City Attorney's Office has reviewed the proffer
agreement and found it to be legally sufficient and in
acceptable legal form.
Planning Commission Agenda
November 13, 2002
WHITT G. SESSOMS, 11I / # 21 & 22
Page 6
Evaluation of Request
The request for a change of zoning from A-12 Apartment District to Conditional B-2
Community Business District is acceptable, but with a proviso. The Comprehensive
Plan recommends this area for resort uses including lodging, retail, entertainment,
recreational, and cultural uses. The applicant is proposing a temporary use of the
subject parcel until such time that the proposed convention center is opened or five
years has passed. The proposed use, a bulk storage yard, is not the type of use
envisioned by the Comprehensive Plan for this area, but the applicant has proposed
that the use would be temporary. In principle, the staff can support on this property a
temporary use of the type proposed, so long as adjacent neighbors are protected and
so long as a suitable plan for the long-range use of this critical property are in place.
The applicant, adjacent town home neighborhood, and staff have worked together to
achieve a plan for the site that is acceptable for the temporary use of the property. The
applicant submitted a new Conditional Zoning Agreement with proffers that identify uses
that will not be allowed on the site and are not consistent with the vision for the Virginia
Beach Boulevard Corridor. The applicant has also agreed to landscape the site, where
needed; has defined hours of operation; and agreed to limits on any towing operation.
Staff recommends approval of the requests for a change of zoning from A-12 Apartment
District to Conditional B-2 Community Business District and a conditional use permit for
a bulk storage yard, subject to the conditions listed below.
Conditions
1. The property shall be used as a bulk storage yard primarily for the storage of
automobiles, motor homes, campers, boats and boat trailers. Said conditional
use shall be limited to a period of either five (5) years from the time of issuance
of this conditional use permit or when the new convention center to be located on
the site of the existing Pavilion on 19th Street opens for business to the public,
whichever is Tess. The Planning Director shall review the towing portion of the
operation administratively on a yearly basis.
2. The bulk storage yard shall be enclosed with Category VI screening, as specified
in the Landscape, Screening, and Buffering Specifications and Standards for the
City of Virginia Beach, or by an alternative method as approved by the Planning
Director. The screening shall be installed and approved by the end of the first
planting season following occupation of the site.
3. The bulk storage yard may be gravel, except for necessary access for fire
equipment, provided a waiver of on-site improvements is requested and
approved by the Planning Director.
4. Vehicles that are towed to the site shall only be from authorized and licensed
automotive repair facilities. No wrecked or inoperative vehicles shall be stored on
the site without a valid service ticket outlining the work to be performed and date
that the project is promised to be delivered to the customer. Vehicle towing shall
only occur Monday through Friday, between the hours of 8:00 a.m. and 8:00
p.m., and on Saturday from 9:00 a.m. to 8:00 p.m. There shall be no towing on
Sunday.
5. The hours of operation for the overall storage yard shall be Monday through
Saturday, 6:00 a.m. to 8:00 p.m. and Sunday, 9:00 a.m. to 8:00 p.m.
Planning Commission Agenda
November 13, 2002
WHITT G. SESSOMS, III / # 21 & 22
Page 7
6. There shall be no disposal of remnant sewage from recreational vehicles on the
site.
7. If the existing building is to be used for the office and or caretaker's quarters the
applicant shall obtain all necessary permits and inspections from the Permits and
Inspections Division of Planning and the Fire Department. A certificate of
occupancy shall be obtained from the Building Code Official before a business
license is issued.
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.
Planning Commission Agenda
November 13, 2002
WHITT G. SESSOMS, 111 / # 21 & 22
Page 8
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Planning Commission Agenda
November 13, 2002
WHITT G. SESSOMS, ill / # 21 & 22
Page 9
Planning Commission Agenda
November 13, 2002
WHITT G. SESSOMS, III / # 21 & 22
Page 10
APPLICATION PAGE 4 OF 4
CONDITIONAL REZONING
CITY OF VIRGINIA BEACH
DISCLOSURE STATEMENT
Applicant's Name: . Lt6 714S
List Ail Current
Property Owners:
L
PROPERTY OWNER DLSCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach lisp if necessary)
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list
all members or partners in the friganization below: (A ach list i, necessary)
e tojr, 1 1,c
I
Clittli.VC.
43‘,...% c"--
C3 Check here if the property oar is NOT a corporation, partnership, firm, or other unincorporated
organization.
Ifthe applicant is not the current owner of the property, complete the Applicant Disclosure section below:
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below; (Attach list if necessary)
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all
members or partners in the organization below: (Attach les: (necessary)
eck here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization.
CERTIFICATION: 1 certify that the information contained herein is true and accurate.
Planning Commission Agenda
November 13, 2002
WHITT G. SESSOMS, Ill 1# 21 & 22
Page 11
Item 8 & 9
Whitt G. Sessoms
Change of Zoning Classification
Conditional Use Permit
South side of Virginia Beach Boulevard, 195.07 feet
east of Seabridge Road
District 6
Beach
October 9, 2002
REGULAR
Robert Miller: The next items are Items 8 & 9, Whitt G. Sessoms.
Howard Gordon: Mr. Chairman, members of the Commission. My name is Howard
Gordon. I'm the attorney representing the applicant on items 8 & 9, which are the
application for a Conditional Rezoning from A-12 to B-2 as well as a Conditional Use
Permit. We represent Seaside Mobile Park, LC, which is the owner of the property,
which is the subject of these two applications. By way of background, Seaside Mobile
Park was acquired some years ago and was operated as a mobile home park/trailer park,
what ever you want to call it, right there on 17th Street. Approximately a year ago, the
owners of that property jointed ventured, or jointed ventured, with Mr. Sessoms to try to
upgrade the mobile park and potentially enhance the area on 17th Street. My clients also
have a contract on the adjacent four -acre trailer park, which is still being operated as a
trailer park. The ideal plan, I've got just one concept plan that was done some time ago,
would be to develop the entire eight acres which fronts on Virginia Beach Boulevard for
some sort of retailing commercial activity. Again, an activity that would be compatible
with the new Pavilion and the Virginia Beach Corridor study, which is currently
underway. The primary reason for the rezoning, and really the Conditional Use Permit, is
that the property needs to be put to a productive use in the interim while this study is in
progress, before the new Pavilion is constructed. And again, that's the primary reason for
the application coupled with the Use Permit. The Use Permit is for a temporary use of
the property for bulk storage for a maximum of five years although that time period is
shortened depending on the development of the Pavilion and the timing of that
development. At the end of the Conditional Use period, the property would be developed
for uses that are suitable for this, what really would be one of the gateways to the
Oceanfront, the 17th_ 19th Street Corridor, that is under study and will be developed.
Based on the discussions that my folks have had with the Planning staff, one of the
questions that were raised in the staff report dealt with proffer one, which in essence
basically said we wanted a Conditional B-2 but there were limits if any, to the B-2 uses.
Through these conversations and discussions it appears that the primary objection that the
staff has is they do not want that property, or a portion of it, used for a fast food
restaurant with a drive-thru window. And we are willing to proffer that as part of proffer
#1, that the property would not be used as a fast food restaurant with a drive-thru
window. Other than that particular proffer, it's really premature at this point to limit the
B-2 uses. Any further limitations really need to await the final corridor study, and the
report, and the determination of the new Pavilion, and the layout and the properties that
are currently under acquisition in this area. During this temporary use, the property will
be maintained to enhance its value. The owners of this property want to really try to
develop the property in the future as a retail or commercial site. In order to do that, in
order to market the property, in order to entice a potential user for the property, it needs
to be maintained. It needs to be kept clean. It needs to have curb appeal in the light. So,
we believe that during this interim use while it's a bulk storage yard that the curb -appeal
of the property will be properly maintained. Questions been raised about potential light
and noise. Our position on this is the current zoning would permit 48 apartment units on
the property. It was previously used and it could be used again as a trailer park. The
bulk storage yard would not create any greater noise or light detriments to the adjacent
properties then living adjacent to 48 apartments where people come and go. You got
proximity to Oceana where people work different shifts. People can party. People can
make noise, whatever it is. So, we really don't believe that the light and the noise that
may be generated by the use of this property for bulk storage really enhances or
negatively impacts the current use of the property, or anything that could currently be
Item8&9
Whitt G. Sessoms
Page 2
used for the property. The other issue that was raised by the staff report is one of the
conditions that they've asked for is the category six landscaping. We've done a marked
up. It's not the easiest thing in the world to see, but if we face the property, and going
along the edges to the property as far as what fencing and landscaping exists, and the
property on the, I always have to turn this the opposite way. I always think its on the
opposite side of the street but anyway, the property to the west is the property that is
owned by unrelated parties that front. There's a gas station and then a wooded lot. Then
you get to the Seabridge Square residential subdivision. Pretty much all along that
property line are fences that are either six feet or eight feet in height. On the Seabridge
Square, the residential property they have landscaped their side of the fence. There's
landscaping on this property adjacent to the fence. You then get to the back portion of
the property where it adjoins a similar trailer park. Again, for the most part there are six-
foot fences along there. A portion of it is chain linked with shrubbery or vines growing
through the fence. There is one open area. And to the east of the property is the adjacent
four -acres that my client has under contract which ultimately they hope to join with this
property. So, there is some fencing along that side but we really feel that is sort of
immaterial because the ultimate development of this property together with the property
that is to your right on the sheet will at the end of the day be co joined. Based upon that,
we believe at this time to require the destruction of the existing fences which do buffer
the property from the adjacent properties to require additional new landscaping to be put
on what we're merely talking about a temporary use as the bulk storage yard. When the
property is ultimately put into the retail/commercial uses, we'll go through site plan
review. We'll go through landscaping. The preliminary plans have been done. We got
another one when there was a potential user involved. They're very heavily landscaped
and beautifully done. The ultimate goals of the landscape ordinance will be served. But
we believe again, that at this point as part of the temporary use, and the conditional
rezoning, that the category six landscaping requirement for that should be deferred during
the period of the Conditional Use. Naturally, we're here, we would ask for the
Commission's approval for the rezoning and the Conditional Use of this property.
Ronald Ripley: Thank you Mr. Gordon. Bob Vakos got a question.
Robert Vakos: Mr. Gordon, I'm not sure that you're aware, or your client's aware of this,
that the staff has attached a total of six conditions. Have you got copies of those as to the
hours of operation?
Howard Gordon: The staff report we have has but three conditions.
Robert Vakos: There's more. And I think you need to probably look at that before you
comment on it. You may want to make additional comments on it. Because we just got
it this morning too. There are a total of six conditions.
Howard Gordon: We were not aware of this.
Robert Vakos: Okay.
Robert Miller: You all set? You want to get the other speakers now?
Robert Vakos: Yeah. That's fine. I just want him to look them over because he may
have additional comments on it.
Ronald Ripley: Okay, lets move ahead with the next speaker. Mr. Gordon can come
back up.
Robert Miller: Mr. Sessoms, do you chose to speak?
Whitt Sessoms: Unless you have any questions directed to me, I'll deal with the
presentation. Thanks.
Robert Miller: I'll just ask for Tom because I mispronounce your last name. I'm sure
you'll clarify it for me.
Item 8 & 9
Whitt G. Sessoms
Page 3
Tom Musumeci: Par for the course.
Robert Miller: I understand. That is why I didn't do it.
Tom Musumeci: My name is Tom Musumeci. I live at 1008 Coastaway Drive, which is
in the Seabridge Square in a townhouse development. I am the chairperson of the civic
league. We've met with Mr. Sessoms, and we're onboard, with a couple of problems
which may be addressed with these other three conditions, which I have not had an
opportunity to see. We're onboard for a couple of reasons. Nobody believes that this is a
highest and best use for this particular land on Virginia Beach Boulevard. And a lot of
what's going to happen on there is going to be driven by what's happening with the
Pavilion. And so as an interim use we can live with this. Given the fact that the Pavilion
is going to do a lot of changes on the street and the additional benefit of the adjacent
trailer park going into non-existence is a big benefit for us in the short term. So we're
onboard with that. Given that fact there are certain time restrictions, we are not interested
in a 24-hour access facility or a tow facility. We don't want drunks at 2:30 in the
morning coming down off the Oceanfront looking to get their cars out of a tow park right
next to us. So, if it's not a 24-hour facility and if it's not a tow facility, we can live with
that. I think that is all the comments that I have. There was one other comment
regarding the landscaping. And I don't know if it's up there. The way the neighborhood
is set, there are two courts that buttress this property. The second court, Coastaway Drive,
the landscaping is adequate, and we would agree that the fence would need to come down
or put landscaping there. The people who own that property have done a real nice job
with buffering that. However, the first court at Barnacle Court. I don't know if that's it.
The first area on Barnacle Court is an older fence, which has been maintained by the
owner of the property. And I feel like some landscaping could be done there to help those
people out. Because right now it's just a rickety six foot fence and there's no landscaping
at alt. So, there could be some landscaping there to make it a little bit more pleasant.
Ronald Ripley: Mr. Miller?
Robert Miller: Mr. Musumeci, now I'll try it. I didn't see the "I". That's one of the
things that you got me with. Could you show us, perhaps we can go back to the overall
view of this so we can see where the townhouses are, and see where those two areas are,
if you could point to those?
Tom Musumeci: This is Seabridge Square here. This is the first cul-de-sac. This is
Coastaway Drive. This is where I live. This is already landscaped. This is Barnacle
Court. There is no landscaping here at this point. There is just a six-foot fence. And so,
it would be nice to have some nice landscaping at that point because what happens, and it
is hard to tell from this high up, the houses on these courts come right up to within about
five feet where that fence is. So, 1 mean they are really right there. So, it would be nice
if those folks could have some landscaping help buffer them. Other than that, we are
onboard with the project as an interim use until we see what happens. We're all hoping
that the Pavilion stays there because this is all being driven by that so that is where we are
with that. And, I'll be glad to answer any questions.
Betsy Atkinson: Do you realize that the five-year time period could be extended?
Tom Musumeci: No. My understanding is that the five-year time period cannot be
extended.
Robert Vakos: It would come back here.
Betsy Atkinson: It would have to come back here. It could be extended.
Tom Musumeci: I guess they could apply to do anything in five years, and we would
have to come and oppose or support it at that point. This right here though is five years
or when the Pavilion opens, and if in five years, my guess is that in five years that the
Pavilion's open, we would heavily oppose an extension of a bulk storage facility.
Item 8 & 9
Whitt G. Sessoms
Page 4
Ronald Ripley: Any other questions?
Tom Musumeci: Thank you.
Robert Vakos: It would be helpful if he got a copy of those conditions. You need to look
at those and if you have any further concerns and want to come back up, I'll sponsor you
on it.
Tom Musumeci: Thank you.
Ronald Ripley: I don't seem to have a copy of those. You had some additional
conditions?
Robert Miller: I've got them right here. We do have one person speaking in opposition.
Jerry Chaplain.
Jerry Chaplain: Yes sir. Ladies and gentlemen, I'm Jerry Chaplain. I represent the
Colony Motel and Mobile Home Park and the property just east of this. We share a long
boarder there. And I just strongly, strongly oppose this application on various reasons.
One is I have nice tenants back there. I don't think they should be subjected to tow
trucks operating all night long with the emergency flashing lights going through their
bedrooms. And I do not feel that this would be an appropriate place for a storage facility
with old motor homes. In every storage facility I've ever seen, I have pictures of the ones
on l 8th and Arctic, and there's another one on Washington Avenue, they all become
junkyards with guarders. They become junkyards. Like I said, we share a long border
there. And I just can't see. I know when they were talking about leasing it to a towing
company. Well, I knew what they do on a busy weekends the drunks are all getting
towed. They're back there jumping fences trying to get their cars out. Those people
should be going through my property trying to jump the fences and create havoc around
there. We've been waiting a long time. I've been there for 52 years, my family has.
And it seems we're right on the verge of turning this area around. We've always been the
sore spot of Virginia Beach, and it's beginning to become something I really hope that
it's going to be something that we could be proud of there. I hope the City continues
with their direction on the convention center. This particular property you could stand on
the front of it. I'm an old country boy. I could take slingshot and hit South Beach that
upscale luxury apartment complex that was just completed. That was a nice addition to
our neighborhood. And I just cannot see how anyone would want to fathom a storage
yard out of this for alt the people to see that's going to check into our new convention
center, look over there and see a storage facility when it's zoned residential. It could be
developed into nice apartments, and it should be developed into nice apartments. And it
could be something. I've been there for 52 years. I've been waiting for this thing to come
to fruition with the convention center and thank goodness they finally bought a bunch of
the old car lots around there and the repair places. I'm just so happy to see that happen. I
think it would be a major step backwards, and I'm strongly opposed to this. And that's
basically all that I need to say now.
Ronald Ripley: Mr. Miller has a question.
Jerry Chaplain: Yes sir.
Robert Miller: Could you point to your property please on here with the pointer.
Jerry Chaplain: I certain can.
Robert Miller: You can use the...
Jerry Chaplain: This little gadget here?
Robert Miller: Yeah. Just pick it up. You just shot one of us.
Item 8 & 9
Whitt G. Sessoms
Page 5
Jerry Chaplain: I'm a low-grade redneck. We start there and if we're talking about Mr.
Quick Stop. We start right on the Boulevard. We come all the way down here, all the
trees basically. This is where I actually share border right along through here and right
around to Norfolk Avenue and all of this property here is controlled by my family. And
we've been there, like I say, 60 years. My father's been there. And it would be a major
detriment to us to finally see some progress going there, and they make think five years is
not a long time to me but a lot of my buddies are dropping dead and five years means a
lot to me. I want to see this place accelerate development. I think that this would be a
hindrance to it. And that's all that I'm going to say folks.
Robert Vakos: Jerry, take a look at some of the additional conditions that have been put
on since I think you've looked at this thing.
Jerry Chaplain: I don't have my glasses.
Robert Vakos: Let Faith give it to you. That was my only comment.
Ronald Ripley: Is there any other speakers? No other speakers. Mr. Gordon, did you
want to rebut?
Howard Gordon: Yes, we've now had a chance to look through the conditions, two of
the add -ins if you would. Number three, which really is just a resuscitation of what's in
the Use Permit by way of time limitations are clearly acceptable, as is number five, which
again, we recognize it in any use of the property. We have to go through the various city
agencies and departments and get all the necessary permits. The question raised by the
first gentlemen, as far as adding some landscaping along the edge of the cul-de-sac. The
applicant has no problem adding some landscaping there so that the people who are on
the cul-de-sac have a landscape buffer there, as do the people at the end of the second
cul-de-sac. The issue that is obviously of great concern to staff and the commission as
well as the owners of the property deals with the hours of operation. And it's difficult to
operate a property like this within confined hours. If you got people who have a fishing
boat on a trailer in there and they want to go out spot fishing or whatever, and pull that
thing out of there before sunrise they need to go to able to do that. Same thing if they
come back after sundown at night or on Saturday or on the weekends, they need the
ability to be able to put that boat back in there. Same thing with RV's or motor homes.
They can't be parked in their yards. They need the ability to get in and out of that
property. Pretty much all hours of the night and day to be able to use that. What we
would be willing to proffer in lieu of definitive hours of operation is that we would be
willing to proffer that we would have an on-site resident manager 24 hours a day. And
that should have somebody on site at all times that should address any question about
drunks, noise, lights, whatever it may be that way it would be monitored access during
those hours could be controlled and would not create a negative impact on the adjacent
neighborhood.
Ronald Ripley: Any question of Mr. Gordon? Yes, Betsy?
Betsy Atkinson: I have a question. Would you be sub -leasing part of this to towing
companies that could bring their cars in and leave them after they take them off the
street?
Howard Gordon: That's permitted within this and that possibility exists. Yes, ma'am.
Betsy Atkinson: Okay, so you could have drunks jumping the fence at night trying to get
their cars out?
Howard Gordon: And if it there were 48 apartment units you could have drunks coming
in there all hours of the day.
Betsy Atkinson: That's not the point. Could you show me where you're going to be
putting vines, additional trailer park things?
Item 8 & 9
Whitt G. Sessoms
Page 6
Howard Gordon: Let me see if I could do this thing correctly. This property on this side
is currently owned by Mr. Quick and under contract. It's roughly four acres as well.
There's an old street right away back in here. That's where it defines the back ends of
these properties.
Betsy Atkinson: So, what is your timetable for removing those trailers? Five years?
Howard Gordon: No. They' 11 probably come out much sooner than that.
Betsy Atkinson: Four years?
Howard Gordon: No. It'll probably be less than a year from now. I mean there are
certain rights that those tenants have as to have much notice they need to be given in
order to be relocated.
Betsy Atkinson: So then you would expand the bulk storage yard into that trailer area as
you remove those?
Howard Gordon: Obviously, we would have to come back. That's not a fait accompli. I
mean, I think that's the overall plan at this point. But if somebody comes forward with a
good retail or commercial use for that property within the interim, we're tickled to turn
the property into something that will generate a lot more income than a bulk storage yard.
The ideas is that in this interim period we need to have property in an income producing
status, and we felt that this was a way to do this that did not adversely effect the
neighborhood. You heard the gentlemen talking about the adjacent residential neighbors.
They don't have any great objection to it as long as it is pretty much controlled. And
again, the idea is to market the property. Try to find a good user that's compatible with
the Pavilion, and the gateway to the Oceanfront that's there. This is not a long-term plan.
It's an interim temporary type use to help cover some expenses and pay taxes on the
property like in the interim until the ultimate user comes along.
Betsy Atkinson: Just one final statement. The Be -lo Shopping Center up at the
intersection, it seems to be struggling as far as retail. You're going to be challenged
finding a retailer user in the next five years to do that. And I think what you're looking
for is a bulk storage yard.
Howard Gordon: Well, I've been representing developers now for almost 30 years. And
we think we've got a good temporary use to the property and a good long plan. Again,
given the Corridor Study that's in progress, the location of this property, you know as
much as anybody, it's location, location, location. And what ultimately gets developed
with the new Pavilion, and even if the Pavilion gets moved to Pacific Avenue on the old
Dome site, you got the existing convention facility there. You've got hotels. You've got
the new apartments Mr. Chaplain talked about. There are a lot of good things happening
in that area that ideally will bring back the existing shopping center and create the need
and the demand for additional upscale retail or commercial uses on that property.
Ronald Ripley: Bob?
Robert Vakos: Mr. Gordon, I'm trying to think of this thing. And I'm trying to work this
out. I understand the notion of having a temporary use but whatever temporary use that
is it has to be mitigated to take in concern the neighborhoods. We don't want to make
something worse than what it already is or aggravate it. And, I'm thinking out loud on
this thing about the hours of operation. No hours of operation would work very well with
you all if your using it as a police towing facility because most of their towing is done
after 2:00 in the morning anyway. So, you would have to be open in order for those cars
to be brought in there. Now whether or not that's a good temporary use or not, 1 don't
know. I'm still debating that in my own mind too for that type of thing. If it's fishing
vessels and what not, that can worked out. Open at five and close it at ten. I mean, most
fishermen aren't going to out a whole earlier than that and usually be in by then. So, I
just want to clarify that any hours of operation wouldn't work as far as being the police
Item 8 & 9
Whitt G. Sessoms
Page 7
facility for towing of vehicles especially from the Oceanfront because most of those
happen in the we hours of the morning anyway.
Howard Gordon: Not when I'm around.
Robert Vakos: Okay.
Ronald Ripley: Dot Wood as a question.
Dorothy Wood: Mr. Gordon, did you say that you would be willing to go along with
condition one with the category six screening. I know you said that at first you would
not.
Howard Gordon: Right. We wanted that modified such that we can leave the existing
fences in place. I said we we're willing to provide the landscaping that the gentlemen.
Dorothy Wood: So, you will not be willing to go on with condition one as it is written?
Howard Gordon: Not as of today. I mean, again as the property develops into the
commercial use then we are going to comply, but we're trying to preserve the existing
fences so they're there and not have to tear them down, move them six feet back, add
landscaping when you can see that along in number of those boundaries you have
adequate landscaping some on "our side" of the line as some of the neighbors adjoining
property.
Dorothy Wood: What is your long term in five years, what do you plan to do with this
property?
Howard Gordon: Well, I said I brought with me one concept plan that was done
sometime ago that showed the primarily the main part of it, as I pass this around.
Dorothy Wood: Is that what you plan to do?
Howard Gordon: The ultimate use within the B-2 is going to be driven by the ultimate
user of the property. So, if you get somebody who wants to put a WRB type facility that
they've got down there on this property, you know with a retail component to it that's
acceptable. If we find somebody that has some different type of use for that property that
fits within the B-2 zoning, it's going to be driven by the ultimate user of the property.
But, again the idea and the vision for this property is that it is going to be something that
either is an edge up to the new Pavilion convention facilities adjacent hotels and
hospitality industry or something that is compatible either retail or commercial, but that's
the ultimate idea.
Ronald Ripley: Mr. Gordon? Oh, I'm sorry.
Dorothy Wood: Have you planned to take the movie theatre to Council as a Use.
Howard Gordon: I don't know anything about a movie theatre.
Dorothy Wood: I thought that was a move theatre that was handed me. I'm sorry.
Howard Gordon: Oh no ma'am. That was sort of retail commercial. I wish it were.
Ronald Ripley: Mr. Gordon. I expressed this concern in the informal meeting, and I'll
say it again here at the public meeting, that is I really have some concerns with the order
in which this is coming forward. And if I understand, first of all the studies in play, the
city has commissioned the company to do a master study of the whole area. And that
could impact this property from the standpoint of what this Commission would like to see
there and recommend to Council. And I think it will probably be in your client's best
interest that study would fit with, hopefully, with plans they have. And I'm not making
this statement because I want to discourage development within this property or
Item 8 & 9
Whitt G. Sessoms
Page 8
acquisition because this is what we're looking for. We're looking for people coming in,
acquiring property. Looking to expand it in conjunction with the overall plan but the
overall plan really hasn't been put on the table. We've seen some bits and pieces of it.
Perhaps you've seen it too? It's consultants were in town last week, and we saw of them
then. And coming back in October, and to me, the proper order of this is for you to defer
this until the plan has been established. Because what's indicated in this write up is that
prior to City Council the applicant will work with City Council and Planning staff to
come up with acceptable uses or uses that aren't acceptable, I guess within the B-2. And,
supposedly apply some limitations to the B-2 zoning. And I just think we're out of step
here, and I'rn having a hard time supporting this at this time. I would like to see you and
the applicant considering deferring this until we really know what it is going to go in
there. Would you address that?
Howard Gordon: I defer to my client on that?
Ronald Ripley: Sure.
Whitt Sessoms: My narne is Whitt Sessoms, the applicant. And I want to answer your
question and a comment that Ms. Atkinson made. Economics are driving us right now.
In other words, we are going to be closing on the adjacent piece of property. And we
need to generate income either by what we can build there today or by temporary use.
So, hopefully, what's going to happen is that SOM is going to come with a study that
shows that certain uses that need to go there are uses that are going to be economical
viable. That is going to happen with the building of the new Pavilion. And, we are going
to start construction in a year. I mean, that's what's going to happen in an ideal world.
But it may not happen. In other words, the study may conte back and say that these uses
are what we see. We fight off on it. These uses are what we think economically viable.
But I think if you look at 17th Street today, nothing is going to happen from a standpoint
of upgrading that corridor. I think once the Pavilion, and I'm talking as a developer, you
know, it's tenant driven, once that's built or under construction, I'm gong to say under
construction, I think there's going to be a tremendous amount of interest generated. But
we need to generate income between now and then, and we need to have a use that will
not have permanent structures so that we leave the property open for some future use that
the City and ourselves build on that piece of property. For instance, right out of the blue,
about four months ago, I don't know if you all remember reading in the newspaper,
Johnson and Wales, and I'll show you this, came in and showed us this project right here.
And on that piece of property would be the residential component, on the City property
would be the academic component. I'm just saying from an economic standpoint, it just
came right out of the blue. I think between now and when the Pavilion is built we're
going to see something like this or maybe better. But we need to be generating income
between today and when that happens, or build something there right now that you know
is permitted.
Ronald Ripley: Well, don't misunderstand me. I do think that some sort of interim use
with proper constraints, is appropriate. It needs to meet the needs of you, the City and the
area, so I don't have a problem with that, in working through that. I just think this
moment in time; right here in this meeting is not the proper time to do it. I think we need
to see that study which is coming out within 30 days, have an opportunity to see what it
is, see what the impact is, have staff review it and make recommendations to this
Commission, and then we're in a position to make a recommendation to the City Council.
Right now, we're sending up a matter up to City Council with no recommendation, quite
frankly. Other than just this temporary use and zone it B-2 but if there are objectionable
uses within the B-2, then I think we want to have an opportunity to work with you to try
to come to an agreement on what is objectionable and what you eliminate from the B-2
zoning. So, I hope you hear me. I want to see your project move forward but move
forward in the proper fashion and to move forward in the proper order. And I just don't
think we're in that order. That's my opinion. You may have the majority up here that
thinks otherwise. That is what I think.
Whitt Sessoms: And what we're agreeing to do is sit down with Planning between now
and during the SOM study period and to look at uses. And I believe that's even in the
Item 8 & 9
Whitt G. Sessoms
Page 9
document that we would sit down and try to come up with uses that would be economical
and would enhance the 17th Street corridor along with the new Pavilion. So, I think that
process will be going on for a long, long period of time. If I'm not mistaken, SOM will
submit a proposal. I think that Council will have public hearings and there will be a lot
of debate over this. Is this the Pavilion, is this the Pavilion, is this the Pavilion and as we
all know the newspaper shows that now it is a possibility that the convention will be
located down at the Dome, so, no telling what's going to happen with all that in the pot.
So, I don't think that your answer of what you're looking for is going to be happening in
the immediate future, when we can close on the adjacent piece of property economically
hang in there.
Ronald Ripley: We're not talking about a long period time. And I can tell you from this
Commission, we don't sit around and lament over decisions. Once we have the facts
from Planning, we'll make a decision and move it on to City Council, and then City
Council will take their little time trying to decide what their vision is and vision of that
but, once we see the vision we'll make the decision. So, I hate to suggest to you to defer
it because I would like to see these applications move along. But, I really think I would
like you to see you defer this until the next meeting. I guess we have time by now and
the next meeting to have legitimate recommendations come out of staff as to what the
conditions would be. I can't make a motion. But we have other people to speak.
John Baum: He didn't get a chance to finish.
Jerry Chaplain: I didn't finish. When Mr. Vakos made me aware.
Ronald Ripley: Could you hold on for one second?
Jerry Chaplain: Oh, I'm sorry.
Ronald Ripley: Just let me finish here.
Whitt Sessoms: I had one more comment that I wanted to mention. Ms. Atkinson, we
had no interest, I thought I heard you make a comment that we wanted to be in the bulk
storage business, you have known me for a long time.
Betsy Atkinson: I have.
Whitt Sessoms: I have no interest in being in the bulk storage business. That is not the
case. I want to have a nice quality project right there, and not have to run a bulk storage
yard. I promise you that.
Betsy Atkinson: And I understand that. But my comment was if you get all of that bulk
storage in there, and everything is going along and five years from now you don't have a
viable user, you're going to ask for an extension, and you kind of get stuck in that kind of
thing.
Whitt Sessoms: And I agree with you.
Betsy Akinson: And .I've seen that happen.
Whitt Sessoms: I have a real nice vision of 17th Street and the new convention. I think
we're going to see five things happen on 17th Street, and from an operational standpoint
of commercial projects, a lot easier than bulk storage projects.
Ronald Ripley: Thank you Mr. Sessoms. Mr. Chaplain?
Jerry Chaplain: Yes sir. I just want to say one thing to Mr. Vakos. I am aware of their
conditions...
Ronald Ripley: Can you all have a seat?
Item 8 & 9
Whitt G. Sessoms
Page 10
Jerry Chaplain: And I'm still opposed to this project totally, strongly. Lord knows I
made some bad business deals in my day, but I've never come before you to try to bail
me out of them. I've lost money. What I really feel like this is on the verge of being
something that the City can be proud of, 17th Street. We're getting so close. And, I'm so
anxious to see these old car mechanic shops being torn down from my where I live. My
mother lives there right to this day. And, we've been there since the late 30's. Nobody
has more at stake at it then my family. And, I just want you all to consider that and thank
you for your time.
Ronald Ripley: Thank you very much.
Robert Vakos: I'll sponsor the other speaker in opposition since he sort of looked at the
conditions.
Charlie Salle': Can I ask Stephen a question before we continue. Stephen, I was just
wondering with the Use Permit as it is worded now, number one would the police tow the
vehicle out and number two, could you tow wrecked vehicles, you know the police tow
the maximum vehicles whatever, can they be towed to this lot?
Stephen White: Under a Conditional Use Permit for a bulk storage unit you can do both
of those activities.
Robert Vakos: Unless the hours were limited which would not make it practical for them
do it. Okay.
Ronald Ripley: Mr. Musumeci would you come up?
Tom Musumeci: I had a chance to look at the extra conditions and we absolutely support
the condition limiting the time. We do not want 24 hour right next to us. And we could
not support a towing facility. I guess my other question is what can they do if they are
denied this? I know its been tossed around that they consider bringing back another
trailer park. It hasn't been a trailer park for three years. I think they have to come back
before you all to get that approved. I don't know. So, I not really concerned about that
as long as they have to come back because we wouldn't be opposed to the new trailer
going in.
Robert Vakos: It's zoned apartments so they build apartments by right and just about
everything else is Conditional Use Permit.
Torn Musumeci: As far as building of apartments, I think that once the Pavilion comes
online, we'll probably get a better apartment complex than we get if we forced them to
build today. My concern is today is that, you know, somebody is going to want to go in
there and build a Section 8 housing. I rather see something like South Beach like Jerry's
talked about. I think something like that is more likely to happen down the road after the
study comes out and all of that but, just to finish up we definitely want time limitations
on this and do not want towing. Thank you.
Ronald Ripley: Thank you very much. Okay, I think that is all the speakers. Is it not
Mr. Miller?
Robert Miller: Yes, that is.
Ronald Ripley: Alright. Does anybody wish to discuss this?
Robert Vakos: Let's give Mr. Gordon a chance to comment on your deferral.
Howard Gordon: I just have one question. If the matter were deferred would we come
back next month?
Ronald Ripley: I would think you could.
Item 8 & 9
Whitt G. Sessoms
Page 11
Stephen White: Mr. Chairman, if the pleasure of the Commission is to defer the
application for us to work with him on these issues and it comes back next month, we can
do advertising for Council such that is it would actually end up at Council the same time.
So there would be no time lost if we did that.
Ronald Ripley: Bob?
Robert Vakos: I have no problem Mr. Chairman with the deferral. I would caution you
that when the SOM study comes in it probably not going to be a magic wand as to what
should be done with this property in the short term much less the long term. It may have
some overlays as to what could work. But my discussion with them was that you're
going to look at some redevelopment, which is what this is, but not the definitive
redevelopment. So, we may not do that. The good part of a deferral would be that the
applicant seems to think that only issue as far as the B-2 zoning would be the drive-thru
restaurant or the fast food restaurant. There may be other issues from staff that may have
other concerns about some B-2, so it would allow for that part to be exercised. I do think
that the applicant needs to look at these conditions very diligently because you're
obviously at odds with it and hopefully you can work something out with the staff and the
folks that are in opposition or favoring the application with the conditions but not
opposition with out, so that part might work out for the good.
Howard Gordon: Mr. Chairman, we'd be willing to take the 30 day, one month deferral.
Ronald Ripley: Thank you very much.
Howard Gordon: That's the pleasure of the Commission.
Ronald Ripley: Could we have a motion to that or do want to discuss this some more?
Robert Vakos: I'll make a motion. Point of discussion that we defer this application for
30 -days.
Robert Miller: Second.
Ronald Ripley: Motion by Bob Vakos, seconded by Bob Miller to defer. Any
discussion? Yes, Charlie?
Charlie Salle': I agree with deferring the matter but I still think I'm still going to have
some real issues with the hours of operation and the facility being used as a tow facility
and bringing in wrecked cars. Those issues I think are going to have to resolve for me
before I can support this.
Ronald Ripley: Thank you Charlie. Anybody else? Any comments? Yes, John?
John Baum: I don't think much is going to happen in 30 days. I don't think we have any
business rezoning B-2 to start with so I'll be voting against it.
Ronald Ripley: Thank you John. Dot?
Dorothy Wood: I also agree that when it is brought back if they don't go along with the
conditions like the landscaping and all the conditions of the City, I will be voting against
it also.
Ronald Ripley: Thank you very much. So can we call for the question? We're ready to
vote.
AYE 9 NAY 2
ATKINSON NAY
BAUM NAY
CRABTREE AYE
ABSENT 0 ABS 0
Item 8 & 9
Whitt G. Sessoms
Page 12
DIN AYE
HORSLEY AYE
MILLER AYE
RIPLEY AYE
SALLE' AYE
STRANGE AYE
VAKOS AYE
WOOD AYE
Ronald Ripley: By a vote of 9-2, the motion passes.
John Baum: We have the same far-sighted leaders, on the board at least.
FORM NO. P.S. 18
in Reply Refer To Our File No. DF -5617
TO: Leslie L. Lilley
FROM: B. Kay Wilson
INTER --OFFICE CORRESPONVENCF
DATE: November 15, 2002
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application
Seaside Mobile Park, L.C. (Whitt G. Sessoms)
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on November 26, 2002. I have reviewed the subject proffer agreement,
dated October 31, 2002, and have determined it to be legally sufficient and in proper legal
form. A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
DECLARATION OF CONDITIONS
AND RESTRICTIONS
THIS DECLARATION OF CONDITIONS AND RESTRICTIONS (Declaration") made
this f .' day of Dejoh.ty, , 2002, by and between SEASIDE MOBILE PARK, L.C., a
Virginia limited liability company ("Owner"), GRANTOR, and THE CITY OF VIRGINIA BEACH,
a municipal corporation of the Commonwealth of Virginia, GRANTEE, provides and states as
follows:
WITNESSETH:
WHEREAS, Owner is the owner of a parcel of real property located in the City of Virginia
Beach, Virginia, commonly referred to as 949 Virginia Beach Boulevard, GPIN NO: 2417-75-1570,
more particularly described in Exhibit A, attached hereto and incorporated herein by reference
("Property"); and
WHEREAS, 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 Property is to be rezoned from A-12 Apartment District to Conditional B-2
Business District, subject to the conditions and restrictions set forth herein; and
WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit differing types of uses on
and in the area of the Property and at the same time to recognize the effects of change that will be
created by the 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 proposed rezoning gives rise; and
WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the
public hearing before the GRANTEE, as part of the proposed amendment to the Zoning Map of the
City of Virginia Beach, Virginia ("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 proposed rezoning and the need for which is generated by the
proposed rezoning.
GPIN: 2417-75-1570
Prepared by: Hofheimer Nusbaum, P.C.
999 Waterside Drive, Suite 1700
Norfolk, Virginia 23 510
HN I :349714.2
NOW, THEREFORE, the GRANTOR, its 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 or quid pro quo for zoning, rezoning, site
plan, building permit, or subdivision approval, hereby make the following declaration of covenants
and restrictions which shall restrict and govern the physical development, operation, and use of the
Property and hereby covenant and agree that this Declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and persons claiming
under or through the GRANTOR, its successors, assigns, grantees and other successors in interest
or title:
1. The Property maybe used for all principal uses and any conditional uses specifically
authorized by City Council with a Conditional Use Permit, within the B-2 Community Business
District as set forth in the Zoning Ordinance (as defined herein), except for the following uses, which
shall not be permitted:
a) Automobile repair garage;
b) Boat sales with outside storage of boats;
c) Body piercing establishments;
d) Borrow pit;
e) Eating and drinking establishments with drive through pick-up windows;
f) Flea markets;
g) Furniture repair and upholstering;
h) Marinas, commercial;
i) Mini -warehouses;
j) Mobile home sales;
k) Motor vehicle sales;
1) Passenger transportation terminals for buses;
m) Passenger vessels permitted by the U. S. Coast Guard regulations;
n) Personal watercraft rentals;
o) Public utility storage or maintenance installations;
p) Tatoo parlors; and
q) Wholesaling and distributions as a standalone use.
2. The Property, upon the issuance of a Conditional Use Permit, may be used as a bulk
storage yard primarily for the storage of automobiles, motorhomes, campers, boats and boat trailers,
in accordance with the conditions set forth in the Application for Conditional Use. Said conditional
use shall be limited to a period of either five (5) years from the time said conditional use commences
or when the new convention center to be located on the site of the Pavilion on 19" Street opens for
business to the public, whichever is less, as set forth in the Conditional Use Permit.
GRANTOR further covenants and agrees that:
14N I :349714.2
2
All references herein to A-12 and B-2 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 Declaration by City
Council, which are by this reference incorporated herein.
The above conditions, having been proffered by GRANTOR and allowed and accepted by
GRANTEE as part of the amendment to the Zoning Ordinance of the City of Virginia Beach,
Virginia, in force as of the date this Declaration is approved by the Virginia Beach City Council
("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 ifthe subsequent amendment is part
of a comprehensive implementation of a new or substantially revised Zoning Ordinance until
specifically repealed. The conditions, however, may be repealed, amended, or varied by written
instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by GRANTEE in writing as evidenced by
a certified copy of an ordinance or a resolution adopted by the governing body of GRANTEE, after
a public hearing before City Council which was advertised pursuant to the provisions of Section
15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be
recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,
said instrument shall be void.
1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia,
to administer and enforce the foregoing conditions and restrictions, including the authority (a) to
order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal
action or suit to insure compliance with such conditions, including mandatory or prohibitory
injunction, abatement, damages or other appropriate action, suit, or proceeding;
2. The failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate;
3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, 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 attached 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 GRANTOR and GRANTEE.
HN l :349714.2
3
WITNESS the following signature and seal.
GRANTOR: SEASIDE MOBILE PARK, L.C.,
a Virginia limited liability company
By:
STATE OF VIRGINIA
CITY OF 0i6: ..- , &ti5-WIT:
Whitt G.`"Sessoms, III,
Authorized Agent
The foregoing instrument was acknowledged before me this day of 62ck b ,
2002, by Whitt G. Sessoms, III, Authorized Agent of Seaside Mobile Park, L.C., on its behalf.
My commission expires:
HN l :349714.2
deLz__
Notary Public
1,;).0 3
4
EXHIBIT "A"
PARCEL ONE:
ALL THAT certain tract, piece or parcel of land, situate, lying and
being near the City of Virginia Beach, iri Lynnhaven Borough of the
City of Virginia Beach, Virginia, and more particularly described
and bounded as follows:
BEGINNING at a point on the southern line of Virginia Beach
Boulevard 200 feet distance in a westerly direction from its
intersection with the dividing line between the property now or
formerly belonging to Vernon Drinkwater and the property of the
City of Virginia Beach, upon which is erected its water tower, and
running thence South 5 degrees 28 minutes East 777.5 feet to a pin;
thence South 55 degrees 18 minutes West 164.3 feet to a pin; thence
North 5 degrees 28 minutes West 857.8 feet to a pin on the southern
line of said Virginia Beach Boulevard; thence along the southern
line of said Virginia Beach Boulevard North 84 degrees 32 minutes
East 143.4 feet to a pin, the point of beginning; containing two
and seven -tenths (2.7) acres according to plat of property made
April 17, 1946 by W.B. Gallup, County Office of the Circuit Court
of the City of Virginia•Beach, Virginia; in Map Book 18, at Page 3
and referred to in Deed Book 236, at. Page 43 and reference to the
same is hereby made for a more particular description.
PARCEL TWO:
ALL THOSE certain lots, pieces or parcels of land, with the
appurtenances thereunto belonging or in anywise appertaining,
situate, lying and being in the Lynnhaven Borough of the City of
Virginia Beach, Virginia, known, numbered and designated on the
amended plat of "Virginia Beach Annex" made by Raymond C. Almond,
C.L.S., May 1956, and duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map Book
41, at page 41, as Lots Twenty (2 0) to Thirty -Four (34), both
inclusive, in Block Thirteen (13) .
EXCEPTING: The property sold to Willie E. Sawyer and Florence W.
Sawyer by deed dated October 10, 1962 and described as follows:
ALL THOSE certain lots, pieces or parcels of land with the
appurtenances thereunto belonging, or in otherwise appertaining,
situate, lying and being in the Lynnhaven Borough of the City of
Virginia Beach, Virginia, known, numbered and designated on the
amended plat of Virginia Beach Annex, made by Raymond C. Almond,
C.L.S., May, 1956, and duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, in Map Book 41, at
Page 41 as Lots 20, 21, 22 and the eastern one-half of Lot 23, in
Block 13.
WHICH SAID PROPERTY IS FURTHER DESIGNATED AS:
ALL THAT certain lot, piece or parcel of land, with the
buildings and improvements thereon, situated, lying and being in
the City of Virginia Beach, Virginia, and known, numbered and
designated as "Resubdivision of Parcel Designated as Vernon
Drinkwater, 2.7 acres as shown on plat titled Property of Vernon
Drinkwater located near Va. Beach in Princess Anne Co., Va., and
the Western one --half of Lot 23, al l of Lots 24 thru 34, inclusive,
Block 13, Virginia Beach Annex, Princess Anne County amended plat,
which said plat is duly recorded in the Clerk's Office of the
Circuit Court for the City of Virginia Beach, Virginia, in Map Book
230, Page 38.
IT BEING the same property conveyed to MULBERRY CORPORATION,
A VIRGINIA CORPORATION by substitute trustee deed from Ray W. King,
substitute trustee, dated October 11, 1993, recorded in Deed Book
3286, page 1093.
TOGETHER WITH all rights of the Grantor to an easement for a
sewer line benefiting the property described above as set forth in
that certain agreement dated October 10, 1962, by and between
Willie E. Sawyer and Florence W. Sawyer and Virginia Beach Trailer
Village, Incorporated, which agreement is filed for record in Deed
Book 753, page 2.59, and as set forth in that certain Deed of
Easement dated July 3, 1957, by and between R. Wilson Chaplain and
Elsie B. Chaplain and the City of Virginia Beach, which deed is
filed for record in Deed Book 503, page 224, and that certain Deed
of Easement dated June 26, 1958, by and between R. Wilson Chaplain
and Elsie B. Chaplain and the City of Virginia Beach, which deed is
filed for record in Deed Book 581, page 551.
M. NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - October 2002
N. ADJOURNMENT
CIVIL LAWSUITS RESOLVED DURING THE MONTH
OF OCTOBER, 2002
Bonnie R. Brice v. City of Virginia Beach - negligence.
Shine Master Services, Inc. v. City of Virginia Beach - contract litigation.
Alexander Ka.vhani v. Diane B. Mason - Uninsured motorists case.
Note: Disposition details available on request from the City Attorney's Office