FEBRUARY 11, 2003 AGENDACity of Virginia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E O BER D RF At Large
YICEMAI ORL UIS R JO E.S Baiside Distreer4
H4kRY E DIE EL. }Kempsvr11e District -I
MAR APETL EURE Centerville Disma l
EB4 S McCLANA % Rosc Hall Drstricr 3
RfCHA RD A WA DDOV B ach District
XW REE I E Princ ss 4nnL Damcr
PETER I� CHA,17L) T A Lamm
RO'v A VUL4NE,EVA AI Large
O E 4L4 } WL. O V At Largc
J ME1z L 9 DOD I imnhaven District
CITY COUNCIL AGENDA
J4ME'S & SPORE Cin Manager
LESLIE L LILLEY City Attorney
R TH HODCrES , A TH kafC City Clerk
I CITY MANAGERS BRIEFINGS
I
2
February 11, 2003
177 HALL B U/LDI VG J
401 CO( RTHO USE DRII E
�IRGIAJA BEACH P IRC A14 .z3456 5
PHONE (757) 427 4303
Fkl (7 5 ) 476 566
E M4IL C n en cl@ ibgov corn
Conference Room - 2 30 PM
LIFEGUARD 5ERVICES
Edward Brazel, Division Chief Emergency Medical Services
ARTIAL TAX EXEMPTION RE REDEVELOPMENT ZONE
Steven Thompson, Chief Financial Officer
VEPCO TRANSMISSION LIl�E
Dean Block, Director of Public Wort
11111 REVIEW OF AGENDAITEMS
11 111 CITY COUNCIL COMMENTS
II IV INFORMAL SESSION
CALL TO ORDER - Mayor Myra E Oberndorf
ROLL CALL OF CITY COUNCEL
C RECESS TO CLOSED SESSION
Conference boom - 5 00 PM
FORMAL SESSION
- Council Chamber - 6 00 PM
CALL TO ORDER } Mayor Meyera E Oberndorf
INVOCATION Reverend Andrew J MacBeth
Eastern Shore Chapel Episcopal Church
C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
E CERTIFICATION OF CLOSED SESSION
F MINUTES
l INFORMAL AND FORMAL SESSIONS February 4, 2003
G ,AGENDA FOR FORMAL SESSION
H PUBLIC FEARING
Utility Easement for VEPCO Transmission Line at La.ndstown Road
I PUBLIC COMMENT
Transition Area Plan and Financial Analysis
I RESOLUTIONS
1 Resolution to ACCEPT the revised Reconunendations of Citizens Committee on Boards
and Commissions
Ordinance to APPROPRIATE a S78 000 from the Parking Enterprise fund to the FY
2002-03 operating budget of Convention and Visitor Development re Citv Code
compliance for mulueipal parking lots
Ordinance to APPROPRIATE 7 ,442 GRANT from the State and TRANSFER
$8,716 from the General Fund Reserve re contingencies to the FY'.1.00'.).-03 operating
budgets of'the Juvenile Probation and Parks and Recreation to provide needed Youth
Services
J PLANNING
Variance to Section 4 4 (b) of the Subdivision Ordinance that requires all newly created lots
meet all the requirements of the City Zoning Ordinance (CZO) for Andrew d Munch (Four
Pines Associates) West Great Neck Road and Woodside Lanes, (containing approximately 40
acres)
(DISTRICT 5 - LYNNHAVEN)
Deferred November 12,2003
Recommendation APPROVAL,
2 Variance to Section 4 4 (b) of the Subdivision Ordinance that requires all newly created lots
meet all the requirements of the City Zoning Ordinance (CZO), for LBH, LLC at Indian River
Road and Parkland Lane (contairung 20,974 square feet)
(DISTRICT 1 - CENTERVILLE)
Recommendation APPROVAL
3 Variance to Section 4 4 (c)(1) of the Subdivision Ordinance that requires all newly created
comer dots be ten (10) feet wider than the muumum requied by the City Zoning Ordinance
(CZO)for interior lots an the Distract for JACK SUMMS, JR. and ALAN RICE at Prospect
Lane and Connie Way, (containing approximately 20,212 square feet)
(DISTRICT 4 - BAYSIDE)
Staff Recommendation D N1AL
Planning Recommendation APPROVAL
4 Application ofMPSVILLE/CENTERVILLE ASSOCIATES, L L C fora onditional
Use Permit re mini -warehouse and self story a with an office_ buildinia and manag' r'
residence on the south side of Kempsville Road and Centerville Tum , (containing1
acres)
DISTRICT" 1 - CENTRVILL )
Deferred January 7,2003 and November
Recommendation APPROVAL
Application of HP Ventures, L L C for a Conditional Use Permit for a recreational fa ilLty
of are outdoor nature (amusement -park racetrack) on South Birdneck Road and Bells Road,
(containing 27 04 acres)
(DISTRICT 6 - BEACH)
Recommendation APPROVAL
Application of D W G tYxng, Inc for a Conditional Use Permit for mini -warehouses on
Ha good Road and Ara ona Boulevard, conta irun 165 acre)
(DISTRICT 4 - BAYSIDE)
Rccormendation
APPROVAL
7 Application of CCT, L C for a Conditional Use Pennit for mini -warehouses on Virgirna
Beach Boulevard and Sfupp Lane, contaimn 73 acres)
(DISTFJCT 6 - BEACH)
Recommendation
APPROVAL
8 ApplEcatron afHope Lutheran Church for a Conditional Use Permit for a church (addi tj on)
on Providence Road and Walton Dnve (5350 Providence Road) (containing 5 25 acres)
(DISTRICT 2 - KEMPSVILLE)
Recommendation
APPROVAL
9 Application of Delaware Auto Leasing for a Conditional Use Permit for used auto sales on
Virginia Beach Boulevard and I-264 (17 8 0 Virguua Beach Boulevard) (containing 1 O 1 acres)
(DISTRICT 6 -BEACH)
APPROVAL
Recommendation
10 Application of BROWN BUILDING CORPORATION for aModi Lication o a Condtttonal
RezomngADDhcation (approved by City Council on July 13,1993) re property at Dolton Dnve
and Wedgewood Dnve (4847 Dolton Dnve) (contamng 36,024 12 square feet)
(DISTRICT 2 - KEMPSVILLE)
Recommendation APPROVAL
K APPOINTMENTS
MINORITY BUSINESS COUNCIL
L UNFINISHED BUSINESS
M NEW BUSINESS
N ADJOURNMENT
If you are phvsi ally disabled or visually impaired
and need assistance at this meeting
please call the CITY CLERK S OFFICE at 4274303
Bearing impaire4 call TDD only 427-4 0
TDD Telephonic Device for the Deaf)
Agenda 11 l lo3fblb
ww%k vhgov com
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM A Resolution Adopting The Revised Recommendations Of The Citizens
Committee on Boards and Commissions
MEETING DATE February 11 2003
N Background City Council appointed a Citizens Committee on Boards and
Commissions, with the goal of preparing recommendations regarding all aspects of
the City s boards and commissions The Citizens Committee surveyed the board
and commission members After reviewing the survey results and public input
obtained during a Community Conversation the Citizens Committee prepared a
collection of recommendations which it presented during a City Council workshop
n January 21, 2003 City Council requested three changes to the
recommendations which the Citizens Committee incorporated into the attached
Revised Recommendations
Under the heading General: item number 3 the terra 'task forces'
has been added to the list of entities the members of which shall be
appointed by City Council
Under the heading Recommendations for Specific Boards and
Commissions, item number 8 the recommendation concerning the
dissolution of the appointed Social Services Board has been deleted
The deleted language ncernin the Social Servio Board has been
replaced with a recommendation that meeting facilitators be assigned
to the Social Services Board and the Public Library Board
i Considerations The Resolution indicates City Council s adoption of the Revised
Recommendations and expresses City Councils gratitude to the members of the
Citizens Committee and members of the public who attended the Community
Conversation
i Public Information Members of the public attended the Community Conversation
and their input was incorporated in the recommendations
E Recommendations Adoption of resolution
■ AttachmentsAftachments Revised Recommendations
Recommended mmended Action Approval
City Manager
Requested by Councilmembers Reba S McClanan and Rosemary Wilson
1 A RESOLUTION ADOPTING THE REMISED
RECOMMENDATIONS OF THE CITIZENS
COMMITTEE ON BOARDS AND COMMISSIONS
WHEREAS, City Council appointed a Citizens Committee on
Boards and Com-missions, with the goal of preparing recommendations
regarding all aspects of the City'City's boards and comm2ssions,
WHEREAS, the Citizens Committee surveyed each individual
member of the City' s boards and commissions, as well as each board
and commission as a whole,
10 WHEREAS, after reviewing the survey results and public
11 input obtained during a Community Conversation, the Citizens
12 Committee prepared a collection of recommendations that address the
13 role, composition, duties, organization, training, attendance, and
14 staffing of boards and commissions as well as City Council contact
15 duties,
16 WHEREAS, the Citizens Comm-ittee presented its
17 recommendations to City Council during a City Council workshop on
18 January 21, 2003, and
19 WHEREAS, the Citizens Comp a-ttee incorporated the
20 suggestions of City Council into its Revised Recommendations,
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
22 OF VII1Ii BEAChf VTRGINTA
3 That the Revised Recommendations are hereby adopted by
24 city Council
25 BE IT FURTHER ES01VED BY THE CITY COUNCIL OF THE CITY OF
26 VIRGI IIA BEACH, VIR II IA
27 That the City Council hereby expresses its appreciation
28 for the work of the C1t1. e s Committee and extends its sincerest
29 gratitude to the members of the Committee and to each member of the
30 public who attended the Community Conversation
31
32 Adopted by the Council of the City of Virginia Beach,
33 Virginia, on the day of , 20
CA-8755
RDII N NC DE bdscom res wpd
-1
February 5, 2003
APPROVED TO LEGAL SUFFICIENCY
Law Department
0
REVISED RECOMMENDATIONS
The Citizens Committee on Boards and Commissions in the City of Virginia
Beach offers the following recommendations for the consideration of the City Council
General
City Council shall reaffirm that citizen input and participation are
entica1 to improve the quality of life to ensure Virginia Beach as a
"Community for a Lifetime'
A' City Council and City Staff shall stress the vital role of Boards and
Commissions in making certain that the voices of citizens are heard
Boards, Commissions, Task Forces, and Citizen Advisory
Committees, except those appointed by the Mayor, shall b
appointed by City Council
City Council shall direct the City Manager that City Staff members
working with Boards and Commissions shall receive training to
work with citizens collaboratively
Where applicable the appointee representing a District must reside
within that same District
City Council shall give insightful review to the Boards and
Commissions Talent Bank
Organizational
Each Board or Commission shall have one designated City Council
contact '
City Council and City Staffshall make citizens aware o
opportunities to serve on Boards and Connzssions It is
recon-mended that citizens be informed through a series of telecasts
on the City's cable channel The telecasts should address the roles
and functions of Boards and Commissions., , contain interviews with
existing Board and Commission members and explain application
procedures for Boards and Commissions
City Staff members shall work with the City Clerk and City Attorney
to create videotaped training sessions to provide new Board or
Commission members with training on Roberts Rules o
Parliamentary Procedure, Conflict of Interest act, the Freedom of
Information Act city travel regulations attendance requirements,, the
I
use of existing media and communications resources and any other
applicable educational data
4 Eacb Board and Commission shall conduct more specific orientation
for newly appointed members This onentation shall address tines
and places of meetings, attendance policy ongoing projects of the
Board or Commission, operating procedures and issues specific to
that particular body and requirement for filing an Annual Report with
City Council Contact and City Clerk
The City Clerk should coordinate a City Council -sponsored and cost-
effective recognition of Board and Commission members each year
Corporate sponsorship of this recognition event should be sought
City Council shall consider a policy specifying that, for all future
appointments, an individual shall serve on only one Board or
Commission at any one given time The goal of this policy is to have
more citizens become involved in the work of the City
City Council shall direct the City tanager to prepare for City
Council a master organizational chart depicting the placement of
Boards and Commissions within the �arious City departments An
analysis of this chart may reveal the need to share responsibilities for
Boards and Commissions more equitably across departmental lines
The Citizens Committee on Boards and Commissions agrees that no
increase in compensation for Boards and Commissions shall be
given at this time wherever possible, and if not in violation of State
Code, reimbursement for service on Boards and Connnrssions should
be redirected to the training of Board and Commission members so
they become more effective in their roles
Expenditures of City funds for food for Board and Commission
meetings shall be reevaluated and served only on special occasions
10 The City should maximize the use of staff time by minimizing the
number of City Staff` members attending the same Board or
Commission meeting wntten reports are acceptable in lieu of
attendance
11 The City Council shall look for ways to reduce the number of Boards
and Commissions As future issues anse City Council should
consider delegating these issues to existing Boards and Commissions
r appointing a temporary Task Force
12 Membership on each Board and Commission shall reflect the
geographic, gender, ethnic and occupational diversity of the City
Members of Boards and Commissions shall reside in Virginia Beach
1)
13 Pnor to appointment, each potential appointee shall disclose any
financial interest of which he or she is aware in the issues coming
before the Board or Commission on which mem ershup is sought
This Disclosure shall be attached to the Talent Bark filed with the
City Clerk
14 Boards and Commissions are to be encouraged to use technology to
link to the citizens at large If a Beard or Commission has a website,
that site should have a link to the City's website For those Boards
or Commissions without websites, it is recommended that they
utilize public school student support in creating a websrte
15 Pending Appointments shall be panted in the City Page
16 City Council shall use a more thorough selection process for the
appointment of members to Boards and Commissions, including
advertising and interviews of the final pool of applicants
17 City Council shall, on a trial basis, use student members on selected
Boards and Commissions The Public Library Board and the Parks
and Recreation Commission shall continue to have student members
Student members shall be added to the Agricultural Advisory
Commission and the Arts and Humanities Conunission The Mayor
shall request, in writing, the dames of potential student members
from the Chair of the Virginia Beach School Board Students who
are nsina juniors should be selected so they will be able to serve on
the Board or Commission for two }rears At the close of the first
Iwo -year cycle, the students and the respective Chairs shall be
interviewed by the City Council Contact regarding the effectiveness
of the student members
18 The appointment of members to Boards and Commissions should
occur thirty (30) days pnor to the expiration of terms so the newly
appointed member can attend a meeting pnor to the membership on
the Board or Commission
19 The Citizens Committee on Boards and Commissions supports tern
limits in accordance with the previously adopted ordinance
City Council Contact Duties
Council Members shall select one of its awn members to serve as the
Contact to each and all Boards and Commissions If the Liaison(s) is
already designated that City Council Member shall serve as the
Contact for that Board or Commission
3
The Contact shall be responsible to review the respective Board or
Comr fission Talent Bank and pending appointments, work with the
f rstnet Representative for appointments in that Distnct and be
responsible for ongoing conmrnunication with the respective Chair of
that Board or Commission
t the close ofthe first two -gear cycle, the students and the
respectiN e Chairs shall be interviewed by the City Council Contact
regarding the effectiveness of the student members on those Boards
and Commissions
4 City Council Contact shall be alert to attendance on appointed
Boards and Commissions and discuss any discrepancies with the
agency Chair for advice to City Council
The City Council Contact shall ensure the appointed agency files the
required annual report on a timely basis for the appointment
Attendance
I Because it is cntical to have members who are committed to the
work of the City s Boards and Commissions, each Chairman ofeach
Board or Commission shall enforce the attendance policy At each
meeting, the Chair shall use a sign -in sheet for members At the
close of each meeting, the Chair shall sign and certify the sheet and
file it with the City Council Contact and staff member assigned t
the Board or Commission If a member has two unexcus d
absences,* the Chair shall telephone that member regarding the
importance of attendance Should that member violate the attendance
policy, the Chair shall contact the City Clerk immediately The
attendance record for all members of the Board or Commission shall
be attached to the Annual Report for that body
*City Code Section 2-3 I "excused absence is personal illness, the fIlness
or death of a relative, or other circumstances beyond the mem er's
control"
Tmr1t=1rnPq
1 Meetings of Boards and on�rnission shall follow Roberts' Rules of
Order Revised
Each Board and Commission shall review its mission statement to
make certain that the mission is clear, concise, current and
communicated to the Board or Commission members The mission
statement shall be reviewed every two }rears
Each meeting shall begin with a preamble to highlight key points
about the Board or Commission to educate visitors about the
processes of the Board or Commission and to advise the public of
their nghts and opportunities to interact with the Board or
Conunission
4 Members of Boards and Commissions shall have the right to add
Items to the agenda prior to the adoption of the same
The chair of each Board or Commission shall file an Annual Deport
with the City Clerk's office sixty 6 days prior to the expiration o
terms for members The Annual Report shall include attendance
record for the year and a summary of the year's accomplishments
Where staff serves the agency, they shall assist the Chair in
preparation of the Annual Deport to be filed with the City Council
Contact and City Clerk
Where applicable, City staff members assigned responsibilities for
Board or Commission shall Maintain a file ofthe mint f that
Board or Commission with certified attendance records
City Staff members serving a Board or Commission shall promptly
advise the City Council Contact and City Clerk's office of my
changes in membership, such as address, change or resignation, etc
Recommendationsfor Specific Boards and Commissions
City Council should consider expanding the responsibilities of the
Histoncal Review Board to work with an expanded membership
representing the diverse historical interests, to develop a coordinated
and collaborative approach, to preserving the hnstory of the City and
to reaping the tourism benefits of historical sites A Task Force may
be appointed
The By -Laws of the Arts and Humanities Commission and
Community Organization Grant and review and Allocation
Committee (COG) shall address member conflicts of interests ansing
from the members' ties to a potential recipient of funds
The Building Code of Appeals Board should be given an exception
to the term limit requirement because of the requirement for licensed
r registered professionals
4 The Citizens Committee recommends the consolidation of the Health
Services Board with the Schools Health Advisory Committee
5
The Citizens Committee recommends the Open Space Subcommittee
be a committee with at least one member who is also a member of
the Parrs and Recreation Commission, notwithstanding the
recommendation above that citizens he appointed to only one Board
or Commission
The Citizens Committee recommends the Public Library Board
detemilne clarity of mission and the in of ernent of members in
planning for the future of library{ services in the City with areport to
City Council
The Consolidation Committee small evaluate the cost effective
linkages between the City and School libraries
City facilitator shall assist both the Public Library Board and the
Social Services Board in order to insure that their meetings further
each board's respective mission
The City Council shall appoint a Task Force to address the mission,
evaluate the rules and regulations and determine staff
for the Towing Board to handle citizen complaints
10 All Members of Boards and Commissions shall comply with the
annual disclosure of real estate and/or economic interests to be filed
with the Clerk of the governing body on or before January 15`h
Z
may'► 6-%
c %
CITY OF VIRGINIA BEACH
AGENDA ITEM
TEM An ordinance to appropriate $78,000 from the Parking Enterprise Fund Retained
Earnings to bring all municipal parking lots in the resort district up to City Code
MEETING DATE February 11, 2003
■Background On June 26, 2002, City Council approved Section 23-58 of the City
Code, which specifies aesthetic requirements be in place prior to operating a
commercial parking lot in the resort district The new requirements of Section 23-58
f the City Code includes enhanced signs interior landscaping, city approved
planters, improved gates, and a paved surface all of which are required to bring the
existing municipal parking lots into full compliance
0 Considerations In orderfor Municipal Parking Lots to comply with Section 23-58 the City Code existing Municipal Parking Lots have to comply with these
specified conditions and improvements before May 2003 To be in full compliance
f the City Code, $78,000 is requested for 31 " ", 1 " (North and South), and "
Street Municipal Parking Lots in the resort district This appropriation will provide
$15,000 for purchase and installation of vinyl coated chain link gates at all resort
district municipal parking lots provide $9,000 for 12 city -approved plant containers
at 31 st, 1 to J orth, and 41h Street par ing lots, end $54,000 for paving the " Street
paring lot Estimate completion date ,s March h 31, 2003 Funding ,s currently
available from the Parking Enterprise Fund Retained Earnings to provide these
needed improvements
0 Public Information Information will be provided through the normal agenda
process
N Alternatives Not to be in compliance with City Code
■ Recommendations We are recommending appropriation of $78 000 from the
Parking Enterprise Fund s Retained Earnings
E Attachments Ordinance
Recommended ►tin Approval
Submitting Department/Agency CVDlResort Management Office
City Manager � � municipal parking lot arf wpd
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Acceptance and Appropriation of Juvenile Accountability Incentive Block Grant
of $87,158 from the Department of Criminal Justice Services
MEETING DATE February 11, 23
■ Background
The City of Virginia Beach has been awarded a $87 158 grant in federal and local funds
under the Juvenile Accountability Incentive Block Grant Program (JAIBG) from the State
Department of Criminal Justice Services (The state is providing $78,442, and the City is
providing a 10% match) Of the total grant $30,505 will be used to purchase graduated
sanctions from Tidewater Regional Group Home Commission in lieu of using secure
detention, $30, 000 will pay for Multi -Systemic Therapy (MST) provided by the Department
of Mental Health/Mental Retardation/Substance Abuse (MH/MR/SA) to clients who go
before the Juvenile Court, and $26,653 will fund a contract to help develop design and
identify sources to fund a Transsttionai Jabs Project
Graduated Sanctions The Tidewater Regional Group Horne Commission has an intensive
supervision program called Challenge Outreach for Youth The Department of Juvenile
Probation uses this program to release juveniles from detention or from the two non -secure
facilities when it is determined that the juvenile can be returned to the community without
a threat to public safety Those juveniles are released under intensive supervision with or
without monitoring The cost savings is significant -detention costs have risen to $117 per
day, while Challenge Outreach is $36 05 per dal with an additional 09 if electronic
monitoring is used Using this program also helps with the overcrowding situation in
detention However, this program may only be used for juveniles who have been ordered
by a judge to be detained
n agreement has been reached with Tidewater Regional Group Hoene Commission to
provide a similar service without requiring the court order This Sanctions Program will be
used when a juvenile under probation or parole has committed a violation and the
Probation/Parole Officer recommends immediate consequences short of filing a violation
petition The juvenile will basically be placed under house arrest for a specific period of
time as punishment for violating their probation/parole
Last fiscal year, Juvenile Probation filed 295 Violation of Probation oases that resulted in
that number of juveniles being placed in detention There were 39 Violation of Parole
oases that resulted in that number of juveniles being placed in detention With a cost
savings ofapproximately $80 aday, the overcrowding fdetention facilities, and the urt's
time spent in processing violation petitions, this represents an efficient and effective
method of dealing with certain probation/parole violations
Multi -Systemic Therapy-(MSTI Juvenile Probation is entering its second year of
partnership with [SST through MH MR/SA The MST counselors provide services for 15
clients during a 4 month span, or approximately cl(ents a year Juvenile Probation
refers its most difficult clients Most clients have dual diagnoses, and have been in
treatment for more than two years with minimal changes in behavior Parents have not
established consistent expectations or sanctions may be ready to abdicate their role as
parents and/or may have psychiatric issues of their own
The MST addresses factors in the home that may contribute to criminal behavior Parents
are guided through a process to enhance family relationships and equip therm with
strategies to deal with inappropriate behavior This model shifts emphasis from the child"s
behavior to the family working together to solve a family problem Expectations are that
the parents will learn to set sanctions and enforce therm the number of crisis calls to the
probation officer will be reduced as will the number of violation charges Bled, parent child
conflicts will be settled, and ultimately that the juvenile will be released from supervision
This program has been partially funded with a grant through f H [ P sA To be successful,
the program needs to be expanded to offer more complete services in the home Using
this grant to supplement the existing funding will enable full services to be offered to this
difficult court population Without it, the MST program might have to be discontinued
Transitional, Jobs Project The Youth opportunities Coordinator plans to hire acontracted,
part-time program developer to plan and develop a Transitional Mobs Program The
development of the program will require substantial research, education, coordination and
collaboration among community stakeholders It is estimated that this process, including
program design, fund development and implementation will take up to one year The
National League of Cities has committed to providing two years of technical assistance to
the project
.Juvenile Parolees most often return to the community without sufficient skills and
knowledge to secure and maintain employment Currently there is no mechanism in place
for sustained assistance, support and follow-up with juvenile parolees in their job search
and skill development upon release from a state correctional facility Recidivism and/or
lack of productivity are the reset Additionally, juvenile parolees have a number of barriers
that prevent they from obtaining legal employment earning self- (and often family -
supporting gages
Transitional Job Projects usually operate by placing participants in subsidized employment
at no monetary cost to the employer However, the employer s commitment is to provide
read work experience for sic months to a year Participants are then assisted with finding
permanent employment They receive a continuum of services and support beginning
during incarceration through their release and involvement in education, training and
rnpfoym nt Vocational training counseling, job readiness, transportation and other
services that remove barriers to success are provided Success will be measured by
reduced recidivism and the number of Juvenile parolees who successfully complete the
program by securing and sustaining permanent employment after receiving Transitional
Jobs services as compared to those who do not
■ Considerations
This grant is comprised of $78,442 of federal funding, and requires a local m atch
of $8,716 which is 10% of the total grant of $87,158 Of the total grant, $60,505 is
to be appropriated the Department of Juvenile Probation's FY2002-03 operating
budget, and $26,653 is to be appropriated in the Department of Parks and
Recreation/Youth Opportunities Office FY 2002-03 operating budget The
Department of Juvenile Probation cannot absorb the cost of the local match in its
FY 2002-03 operating budget The funds are available in the General Fund
Reserve for Contingencies to fund the Local match If the grant funds are eliminated
or reduced below the amount necessary to fully fund this program, then the
programs will be reduced and/or eliminated accordingly
■ Public Information
Public information akin ill be handled through the normal Council agenda notification process
■ Alternatives
There are no alternative sources of funding available to provide these services
■ Recommendations
It is recommended that the City Council adopt the attached ordinance accepting and
appropriating the grant
■ Attachments
JuvenifeAccountabilityIncentive Block Grant Statement ofAward/Acceptance , Department
of Criminal Justice Services
Ordinance
Recommended Action Approval
Submitting Department/Agency Department of Juvenile Probation
City Manager
L
I AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 $78,442 GRANT FROM THE STATE AND T
3 TRANSFER $ , 716 FROM THE GENERAL FUND
RESERVE FOR CONTINGENCIES To THE F-
5 03 OPERATING Off' THE DEPARTMENT F
6 JUVENILE PROBATION AND r HE DEPARTMENT F
PARKS7 TRECREATION l PROVIDE NEEDED
8 YOUTHSERVICES
9
1
11 WHEREAS, under the Juvenile Account ab i l 1 ty Incentive
12 Block Grant Program, the City of Virginia Beach has been
13 awarded a $78,,442 grant in federal funds from the Virginia
14 Department of ri-minal Justa-ce Services, and the Cjty must
15 provi-de a 1 - grunt match for the period covered by the grant
16 NOW, 'THEREFORE, BE IT ORDAINED BY THE COUNCIL of THE CITY
17 OF VIRGINIA BEACH, VIRGINIA
1s
19 1 That $78,442 is hereby accepted from the Virginia
20 Department of Criminal Justice Services
21 2 That $51,789 is hereby appropriated to the FY 2002-03
22 operata-ng Budget of the Department of Juvenile Probation to
23 purchase graduated sanctions from the Tidewater Regional Group
24 Home CommiLssion and to purchase multi -systemic therapy from
25 the Department of Mental Health for clients that are before
26 the Juvenile Court
27 3 That $26,653 is hereby appropriated to the FY 2002-03
2 operating Budget of the Department of Pars and Rec eat ion' s
29 Youth opportunities Office to plain and develop a 'Transitional
30 Jobs Program for juvenile parolees released from state
1 correctiLonal facilities
2 4 That $8,716 is hereby transferred from the General
33 Fund Reserve for Contingencies - Grant Match to the FY - 0
34
operating Budget of the Department of Juvenile Probation a
35
the local match for the grant and to fund
the activities
36
described in paragraph 2 of this ordinance
That funding for these programs is
contingent upon
38
the availability of the federal block grant,
and if federal
39
funding 1s reduced or ela-minated, then the
programs may be
40
reduced or eliLminatted accordingly
41
6 That estimated revenue from the federal
government a-s
42
hereby a-ncreased by $78,442
43
Adopted by the Council of the City of
Virginia Beach,
44
Virginia, on the 11th day of February, 203
4
CA- 8729
ORDIN\NONCODE\2003 JAIBG Ord wpd
R3
January 31, 2003
APPROVED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY
('�4 k AIAAIAIA�' I,
Management Services City Attorney
Leonard G Cooke
Director
h1i /C rLLU-
COMMONWEALTH of VIRGINIA
Department of Criminal Justice Services
MT James K Spore
City danger
City of Virginia Beach
Municipal Center
Building 1
it )nja Beach, Virginia 23456
Dear Mr Spore
January 10, 2003
n it
85 East Broad Street, Tenth Floor
Richmond Virginia 23219
804 7 - 000
TDO (80)386-8132
RE Juvenile Accountability Incentive Block Grant
Award No 03-E3218JB02
Your locality has notified DC3S of its intent to accept an allocation under the Juvenile
Accountability Incentive Block Grant Program (JAIBG) for 2003 I am pleased to advise you that your
award through this allocation process will be $7$,442 in federal funds and $8,716 in local cash match for
a total award of $87,158
Enclosed you will find a Statement of ,asdAcceptance and a Statement of Grant Award
Special Conditions To indicate your acceptance of this award and the conditions please complete and
sign the award acceptance according to the enclosed instructions and return it to Janice Waddy, Grants
Administrator, at the Department of Criminal Justice Services J
You will note that this award reflects a matching funds contribution Localities receiving funds
fcr the first time under this program are provided match from DCJS state general funds Localities
receiving continuation grants are required to provide cash match in the amount specified under local cash
match This amount is 10% of the total program costs Federal funds may not exceed 90% of the total
program
The Juvenile Accountability incentive Block Grant Program JAIBG is intended to address the
problem of Juvenile crime by promoting greater accountability in the juvenile justice system The federal
rules governing this program require each locality to prepare a plan which must be based on an analysis of
juvenile justice system reeds This analysis is to be used to determine the most effective use of funds,
within twelve JAIL purpose or spending areas to achieve the greatest impact on reducing juvenile
delinquency, improving the juvenile justice system, and increasing accountability for juvenile offenders
These purpose/spending areas are reflected on the statement of award As set out in the special conditions
accompanying this award, prior to expending funds, you must submit the required plan and complete the
statement of award to show the JAIJAIBG purpose areas in which you plan to spend grant funds
rpmirW ,lace Swam Swat Cammfte an Tranrg , , rrte Jude and DeUvwmy Prewrom Adwsor Comm Erse
ArdM" C omm ttae to CoW Apmr ftd Speca, l Advocate and OvWreds Jufte Act Pro `erns
Pnvate Security Sem=Advwry Bard Cnrnrvt Jusbce irionreban Systeirrs C.ornmdtee
Mr James K Spore
Page
These grant funds will be disbursed to you quarterly on a reimbursement basis
REQUEST FOR FLNDS form is included with this letter and should be used for this purpose 1 funds
will be disbursed until we have documented your compliance with the award conditions
We appreciate your interest in this grant program and will be happy to assist you in any way we
can to assure your success If you have any questions, please call Ursula Murdaugh at 4) 786-0092,
also please visit our web site at www dcjs state va us
Yours very truly,
Leonard G Cooke
cc Mr Bruce Bright, Project Director
Nis Patricia A Phillips, Finance Director
Ursula Murdaugh 1 CJ
Departmentof Criminal Justice Services
805 East Broad Street loth Floor Richmond VA 23219
Juvenile Accountability Incentive Block Grant Statement of Award/Acceptance
Date January 10, 2003
Grant Period
ubgrantee City of Va Beach
Grant No 03-E3218JB02
January 1, 2003 — December 31, 2003
Project Director
Pro ect Administrator
Finance Officer
Mr Bruce Bright
Mr James K Spore
Ms Patricia A Phillips
Project Director
City Manager
Finance 1 lreCt r
Court Services Unit
City of Virginia Beach
City of Virginia Beach
2305 Judicial Boulevard
Municipal Center
Municipal Cntr Bldg 1
Building I -A
Building I
Virginia Beach Virginia 23456
Virginia Beach Virginia 23456
Virginia Beach Virginia 23456
Phone No 7 7 7 4361
Phone No 7 7) 427-4242
Phone No 77 7 4681
Federal
State GF Match 7Local
Cash Match
TOTAL
78�442
$000
$8.1716
$87,158
TOTAL PROJECT
This grant is subject to all rules, regulations, and special conditions included in this award
Co CI-CL-
Leonard G Cooke, Director
Please complete this form by indicating below your planned expenditures for each Purpose Area See attached instructions for
completing the award acceptance Enter the amount of this grant, including matching funds, you plan to spend in each
category below The total entered must equal the total awarded in this grant, including match Please round to the nearest
dollar Please review the Special Conditions accompanying this award before compieting this form
Purpose Areas see enclosed informathon for detailedexplanations)
Amount
1
Building, expanding, renovating or operating detention facilities, training of correctional
personnel
Accountability -based sanctions
J
Hiring juvenile judges, probation officers, court -appointed defenders, pre-trial services
Firing additional prosecutors
Enable prosecutors to address gangs, drugs & youth violence more effectively
Technology, equipment & training to assist prosecutors
7
Molding juvenile offenders accountablc and reducing recidivism
Court -Based programs targeting firearms offenders
Drug court programs for juveniles
10 Interagency information sharing
I Accountability -based programs
12 Drug testing for juveniles
Administration m ay be no more tharn 1 % of total
TOTAL
The undersigned, leaving received the Statement of GrantAward/Acceptance and the Conditions attached thereto, does hereby
accept this grant and agree to the conditions pertaining thereto, this day of o�
Signature of Program Administrator
Title
Mr James K Spore City Manager
is..empsmueluenrerwite zissoc.
m e5 ra o � v� 1 n.
R - {
-c .4
S
C Q
I , ,'
1
1
l I �
O. ' q 79 LSD
,, �. y
,
�f Lt\>rrn
Gpm —See Rppl:canine
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) — Granted 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 B-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
Distract) —Granted 2-13-84
8 Conditional Use Permit (fuel pimps) —Granted 4-20-81
4q4F2 CS
r �
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM F empsville/Centerville Associates, L LC — Conditional Use Permit
MEETING GATE February 11, 2003
■ Background
An Ordinance upon Application of KempsvillelCenterviIle Associates L L C for a
Conditional Use Permit for mini-warehouses/self storage on the south side of
Kempsvilie Road 5$0 feet more or less west of Centerville Turnpike (GPIN
1455813371 1455900477) Said parcel contains 9 31 acres DISTRICT 1
CENTERV[LLE
This request was deferred by the City Council on November 26, 2002 and on
January 7 23 Since the January 7 meeting, the District Council
Representative and the applicant have discussed the proposal As a result of
those discussions, the applicant has submitted an alternative plan for the site
The alternative plan is discussed below under the Considerations section and the
plan is presented on pare 4 of this agenda item form The applicant has also met
with civic league representatives in the area
■ Considerations
This request is to construct amine -warehouse facility on two (2) parcels totaling
slightly over 9 acres There are two site plans under consideration the plan
originally submitted and an alternative plan submitted January 28
Ore mq al Plan
The plan depicts seven (7) one-story storage buildings (approximately 162 000
square feet of floor area) and a 32 foot high office building and manager's
residence with a 30 foot by 40 foot footprint The storage buildings would cover
the entire parcel except fora 1 21 acre outparcel for future development fronting
Kempsville Road A six (6) foot wrought iron style fence will serve as the security
fence for the facility
Alternative Plan
The plan depicts seven (7) one-story storage buildings (approximately 122 000
square feet of floor area) and a 32 foot high office building and manager's
residence with a 30 foot by 40 foot footprint The storage buildings would cover
the entire parcel except fora 1 21 acre outparcel for future development fronting
Kempsville Road and a 2 78 acre outparcel for future development fronting
Centerville Turnpike The primary differences from the anginal plan are (1)
introduction of an outparcel on Centerville Turnpike (2) reduction in the
Kempsville/Centerville Associates, LLC
Page 2of4
square feet of storage area of approximately 40,000, and (3) introduction of an
access on Centerville Turnpike to serve the new outparcel
The total site currently consists of two parcels 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 1s acceptable, but only subject to the
conditions recommended below, which will help to assure that the development
is higher to quality and will not be intrusive to the future residential to the
southwest
Staff recommended approval of the original plan, subject to the attached
conditions There was opposition to the request
0 Recommendations
tion
The Planning Commission passed a motion by a recorded vote of -3 with 1
abstention to approve this request with the following conditions
When the property is developed, it shall be developed substantially as
shown on the exhibit entitled, "Layout and Landscape Plain for Mini
Storage Building, Kempsville Road, Virginia Beach, Virginia," prepared by
Land Design and Development, Inc , dated September 25, 2002 [original
plan] or January 29, 2 [alternative plan] 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
The location of any and all dumpsters proposed shall be depicted on the
final site plan and shall not be looted 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 skull be provided surrounding all durnpsters so that
durnpsters are shielded from view from all adjacent properties Said
screening and landscaping shall conform to the requirements found in the
Kempsville/Centerville Associates, LLC
Page 3 of
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 [it from ground level
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
7 All exterior lighting steal! 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
Ali fencing visible from either aE 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 guide to accommodate emergency
apparatus
12 Noon -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
s Attachments
Staff Review
Disclosure Statement
Planning Commission !Minutes
Location flap
Recommended Action Staff recommends approval Planning Commission sion recommends
approval
Kempsville/Centerville Associates, I.LC
Page 4of4
Submitting Department/Agency Planning Department
City Manager
KEMPSVILLE / CENTERVILLE
ASSOCIATES / # 19
October 9, 22
General Information:
APPLICATION B11-210-CUP-2002
NUMBER
REQUEST
ADDRESS
Conditional Use Permit for mini -warehouse
South side of 4 empsville Road, 580 feet west of Centerville Turnpike
Ae
I ' 4
8- „ - �� •rt
L]I
7— B ` rA
Ar
IL
Gpin — .Sec. Ap fifahon
GPIN 145581337100005145590047700000
Planning Commission Agenda
October 9, 22
I E IPS ILLE CENTER ILLE ASSOCIATES
Page 1
ELECTION
DISTRICT 1 — CE JTER ILLE
SITE SIZE 9 31 acres
STAFF
PLANNER Carolyn A K Smith
PURPOSE To operate a self -storage facility with 900 units
Mayor Issues:
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:
Existinq 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
Surroundinciand Use and Zoni[!g
North th Single-family dwelling, restaurant, auto sales, fuel
sales, veterinarian R-5D Residential District, B-2
Community Business District
South Single-family dwellings - Residential idential [district
East Centerville Turnpike, shopping center with mixed
retail, single-family dwellings 13-2 Community
Business District, R-7 5 Residential District
Neat Kempsville Road, single-family dwellings, church
Planning Commission Agenda
October ,202
KEMPSV IL.L CENTE VILLE ASSOCIATES 1
Page
R-1D Residential District
Zoning Histo[y
This project actually contains two parcels The larger parcel of the two acres) was
rezoned by City Council from R-8 Residential District to -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-
D Residential Duplex District to -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 ement 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 ComiDatible Use Zone (AICUZ)
The site is in an AICUZ of less than fiSdB Ldn surrounding NAS Oceana
Natural Resource an Physical Characteristics
The site is located in the Southern Watersheds Management Area The site is heavily
wooded with a mix f 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
Public Facilities and Services
Water and Sewer
Water There is a 12 inch water main in Kernpsville Road fronting the
property There is a 20 inch water main in Centerville Turnpike
fronting the east side of the site This site must connect to City
water
Sewer There is a► 30 inch force main and a dry 12 inch sanitary sewer
main in Kempsville Road fronting the property There is a 20 inch
force main in Centerville Turnpike fronting the east side of the site
This site must connect to City sewer
Planning Commission Agenda
October 9, 2002
KEMPSVILLE / CENTERVILLE ASSOCIATES / # 19
Page 3
Transportation
Master Transportation Plan (IVITP) / Capital Improvement Program (CIP)
Kempsville Road in the vicinity of the proposal is considered a four lane divided
urban arterial It is designated on the MTP as a 100 foot right-of-way divided with a
bikeway There are no plans within the CIP to upgrade this roadway According to
the MTP, the desired ultimate nght-of-way width for Centerville Turnpike is 143 feet
The applicant's representative is aware of this and has provided a 24 foot area
parallel to Centerville Turnpike to accommodate this reservation
Traffic Calculations
Street Name Present
Present
Generated Traffic
Volume
Capacity
Ierrp sville Road
27000
,
Existing Land Use 1'-- 5 10 ADT
,
ADT
17 300
Proposed Land Lase — 406 A T
rage Daily Trips
as defined by current B 2 Community Business District zoning
3 as defined by proposed use
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 (CEPTED) concepts and strategies
Fire and Gated sites shall provide for Fire Department access using the
Rescue Knox or Supra system and have a fail-safe operation in the
event of a poorer failure
Comprehensive Plan
The Comp rehen ive Plan identifies this area as planned for retail, service, office and
other compatible uses within commercial centers serving surrounding neighborhoods
and communities The Plan recognizes the importance of preserving and protecting `the
character of eating stable neighborhoods against inappropriate land use intrusions
while recognizing the legitimate public need for a limited amount of compatible support
Planning Commission Agenda
October 9, 2002
KEI IPSVILLE CEl TER ILLE ASSOCIATES 1
Page 4
activities " (page 1) While a large tract of land to the south is not yet developed, a
plan is under review in the Development Services Center for single-family dwellings on
that tract The Plan's policies require adherence to high standards of appearance and
function for future development in the l ernpsville area as a means of buffering these
future residential property owners and protecting property values
Summary of Proposal
Proposal
To construct a mint -warehouse facility on two parcels totaling 9 61 acres
Conditional Use Permit is required for mini -warehouse facilities on property
zoned -2 Community Business District
There will be an on -site manager responsible for operation of the facility 2
hours a day, 7 days per wee
The hours of operation are 9 00 a rn to 5 oo p m on Monday through
Saturday and 10 00 a ran 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 shogun 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
Kemp ville Road Development of this parcel will have to adhere to Sections
23 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 -gray 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
Planning Commission Agenda
October 9, 2002
KEMPSVILLE / CENTERVILLE ASSOCIATES I # 19
Page 5
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 outpa►r el to the east No access to the
site is proposed off of Centerville Turnpike
0 The interior drive aisles are a minimum of 30 feet in width
0 Pedestrian access is adequate for this use
Architectural Design.
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 faade and the westem half of the east
faade
The exterior of all buildings are proposed with a light brown brick veneer The
storage buildings have matching roofs with the addition of faux windows with
dark brown shatters
The metal doors to the storage units will math the green color of the roof of
the office/residence and of the storage buildings
• A six (6) foot wrought Iran 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 Vl (fi foot fence with evergreen shrubs) is proposed
Planning Commission Agenda
October 9, 2002
KEMPSVILLE / CENTERVILLE ASSOCIATES ! # 19
Page 6
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 fa ade facing Kempsville Road
Streetscape landscaping is proposed along both CentervilleTumpike and
Kernpsville 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 F
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 and that the location of any durnpsters 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 13 feet The applicant is aware of this requirement and it is specifically
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 o
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
Planning Commission Agenda
KEMPSVILLE CENT F ILLE ASSOCIATES 1
Page
L
Conditions
When the property is developed, it shall be developed substantially as shown on
the exhibit entitled, "Layout and Landscape Plan for Mini Storage Building,
l ern psville 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 Faster 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
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 Let and Foundation
Landscaping guide
5 Any freestanding sign shall be monument style with a back base that matches
the brick depicted on building elevation referenced in Condition 2 Such sign
shalt not exceed a height of eight (8) feet and shall be externally lit from ground
level
The hours that the mini -warehouse may be open for customers access to the
storage units shall be limited to the 6 oo a m to 9 00 p m
All exterior lighting shall be love intensity and residential in character and shall not
be erected any higher than fourteen 0 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
,r4,x IB
Planning Commission Agenda
October 9, 2002
KEMPSVILLE 1 CENTERVILLE ASSOCIATES 1 # 19
Page 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 ire razor wire or any
other fencing devices shall be installed on the roof or galls of the building or on
the fence on the property
No storage of flammable or hazardous materials shall be stored in any unit
10 There shall be no electric or diesel poorer 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 Noon -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 maybe 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 mee#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 Ordnance for further
information
Planning Commission Agenda
October 9, 2002
KE M PSVILLE CEO TERVILLE ASSOCIATES 1
Page
�
r!
a
A
stpi
fill
NIFINIMIRIBISIS
!Jai
0
NORTH EION -faces Kempsville Road
faces the interior of the site faces the proposed outparcel
EAST ELEVATION
Planning Commission Agenda
October 9, 22
KE PSVILLE CENTE VILLE ASSOCIATES 1
Page 11
faces Kempsvdie Road and Centerville Road NORTH ELEVATION
.1 ,
faces the interior of the site EAST ELEVATION
Planning Commission Agenda
October 9, 2002
KE PEVI LLE CEO TE VI LLE ASSOCIATES # 1
Page 1
Ae-
+¢o-•ia
WON-
poll4f
71
* M1� .IPA
WPM
\
46
{L
k k.
rWONm jig
.v
c * Cie
ui
k* Ir tiOL
}
k' A �
Y
40
Jr
Opp
J� %61
# + ,
e4LAft1
7�
3
J4L �- rISV
Yy� #iI
OV
I AP
% ik*
r �. �, r •,
j,F' z
J
xf v r y s * �
4 y •'
r
- '
IV
orbp
�
Ile
APPLICATIG PAGE 4 OF 4
CONDITIONAL USE PERMIT
CITY OF VlltGIATIA BEACH
DISCLOSURE STATEMENT
Applicant s N2rrtc Kenpa%iIle/Centerville AssoclaLes L L C a Virginia limited liabxlcv
Company
Lzi All Current I
Property Owners k%gus, y I
l
PR PE TV OWNER DISCLOSURE
If the property owner rs a CO> POI ATI0N ILst all officers of the Corporation be low- (A flach list ifnecessary)
Je-jse el lartin, Maw-Lng "ember
iarc_hr G Jacobson,_ Member
If the property owner is a PARTNE RS Ill F1RM or other U N I N CO1 PORATED OR G 4,N] 7ATION Jis(
all me rn be rs or partners in the organizatjon below fAitach list if necessory)
I
13 Check here if Ilse property own e r is N OT a corporation partnership ljrm or other unincorporated �
organization
If (he applrconi Lr no the currenI owner o (he property complrle di Applscanf Dudosvre section below
APPLICANT DLSCLOSURE
If the ;ipphcant is a CORPORATION list all officers of rho Corporation below (Auarrh lur ifneressaryj
k
If the 2pp11can1 Is a PARTNERSHIP FIRM or other UNINCORPORATED ORGANIZATION hst all
rnernbers or partners in the organization below (Arrach fist y necessary)
hCLk I r i i is xpplic tni as T a corporation par[nc ship firm or other unincorNlal J arginiza<<o I
ERTl>" 1 -%i Zo I cerlr v Mat the mformation contamedhereru is fare raid accurafE
Kenmpsville CenLervxlle Associates
by
na[ure
Jesse W Martin Hamaging Member
Print N-ime -
i Commission Agenda
Plan
October 9, 2002
KEIIIIPSVILLE CENTER ILLE ASSOCIATES 1
Page 14
KernpsvillefCenterville Associates LLC
Conditional Use Perrfnt
South side ofIKenip4sville Road, d, feet for or less
West ofCenterville Turnpike
District I
Centerville
October
REGULAR
Robert Biller The next item is Item # 19 KempsSriIle/Centerville Associates LL
Ronald Ripley okay on thin 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 appropnate for me to be involved ID this application o
111 back out And I also own property across the street so that s probably two good
reason
Dorothy wood Mr Bourdon`)
Eddie Bourdon Thank you substitute Chairperson Eddie Bourdon, a Virginia Beach
attorney representing Kempsville/Centerville Associates Mr Chelsey Martin with rare
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 318acres of B-2 commer ialh zoned
property that is lust to the west of the intersection of I empsville load and Centerville
Turnpike on Kernpsville Road Look at the reap that s up there on the pinpoint and you
will see on the corner there is already an a tstincy commercial development on what you
could characterize as out parcels along both Centerville and I ernpsville 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 - D Residential av, 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 gears and have been seeking on-uner iatl 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 Ke psi llle Road Where s a
i al Teens on the corner that we were able to sell and have developed but the remainder
of the B- ' that cres up Centerville has been on the market for quite some time and the
reality of it is there really lsn t a demand in this corridor for retail property Because
Woods Coiner across the street there s some other commercial up l ernpsville Road
Where s a significant amount of commercial n as you go over into Chesapeake
Greenbrier in that area there s a tremendous amount of commercial This area i
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
Item #19
Ke p ville/Centerville Associates LL
Page
development will tale place because I don t believe that you re looing at any potential
for commercial 1n that area To do that is goincr to require an assemblage of a lot f lard
that i, I think capable of being of assembled but in order to do that I thinly again, you're
coing to be looking at some point in the future at some application corning forward for
some form of a A- 12 PH with a six to nine unit per acre type of d N elopment to make the
numbers work to the west of this site But that conjuncture on my part but I don t th-ink
you re going to see under any circumstances 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 ibilit of
pP
that ha enlrg that would be a better economic return for these property owners But it"
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 tacility 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 Conumssion.
for City Council This is a nicer one that I ve had the privilege of conung before you
The exterior is all brick bnck veneer we ve put faux shutters In fact, I m going to pass
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 n entrance to the property
from Kernp vxlle 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 Tumpike under the piaster Transportation Plan requirements, we 11 meet the
setbacks there as well we have building that are onl i feet in height A self -storage
buildlnas the most part are They re very lour level buildings There are faux roofs on
to where you see the metal roofs They loop very attractive but again not large
�
buildings in terns of their height We are setback fronn Kempsville load we ll be
screening from Ke psville load by the development on the out parcel by the
developments that already exist out on the comer Eventually the residential that adjoins
v l Il the
us alono Centerville will be going away with the wid nines of Centerville Turnpike
future I don t know what 1f anvthing 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 genera�tlon, loop at page of the
wnte up If all this was to be developed commercially it could be developed
commercially if them was as demand for commercial development, we d be looking at
,000 plus cap- trips per day This use is very limited in the traffic volume that 1t
produces we have an area out here there are a good number of nice communities
multi -family
aeneradly smaller lots and smaller homes and a laan1fxcant amount of m y
development ID 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 hones on John
Brown Lane which as you can see from that aerial is excellently depicted Those homes
are well over Soo feet from this property Those homes will not have any you know
they won t even know this exists in terns of any impacts upon them Again, between
therm and the site there will be some future deg elopm nt Where's little doubt about that
Item #19
1epvlllc/Centerville Associates LLC
Page 3
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 i
a City park that was mentioned this morning in the informal that s further west on
ernpsville Road You can t see it on either reap It s on the opposite side of
Kempsville Toad 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
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 reprised condition number six that's the hours of operation
We have no problem, with the 9 00 p m 1n the evening but we do need to hay a the ability
for individuals who would be using the facility to access their units earlier in the day and
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
rimoming access for a number of users of these self -storage facilities 1s necessary But we
are willing to restrict the hours to 6 oo a m to 9 00 p rn And warn all of the hour
conditions are acceptable as it is a facility that will have 2-hour seven day a weep on
site resident mana ernent Again from are experience standpoint I thank all of you are
aware that this is the hest scenario in order for that to happen You have to have
relatively large facility and this certainly is a large facility To our knowledge there is a
facility further south can 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- le radius 1n 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 rn just trying to address some of the comments that were made this
morning 111 be happy to answer any questions I flunk we have a very attractive lugh
quality product one that has very little visibility whatsoever from either Kemp ville or
Centerville rather than we ve dot extensive landscaping where it adjoins residentially
zoned property where it adjoins the -2 we have the required landscaping where we
put the faux windows and shutters on the building
Dorothy wood Any questions for Mr Bourdon9 John"
John Baum Is it standard size for these units or do they varY9
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 averaO
Eddie Bourdon The average size of a unit" 1 ' x 20 or Zoo hundred square feet
Would be the average size
Item #1
empsvllle/Centerville Associates LL
lucre
Dorothy wood Thank you Any other questions`
Joseph Strange I don't have any questions I would like to make some con= eats
Dorothy wood okay
Joseph Strange Comment number one is that I will be opposing this living in that area
up there one of the reasons is that this does not cro alonor with the Comprehensive Plan
for that area out there This is zoned B-20, If you take a look at the size of thus 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 puce of property was
rezoned, it was rezoned to go along with the urge piece in hopes of making duality
commercial retail establishment there f 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
n 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 hash t done real well over the }rears there one of the
reasons is because of Lynnhaven Parkway has never been expanded all the way out to
empsvllle there and that s kind of crashed things there a little hit 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 complete) done aw� with it and put
storage unit this size I thinly 1t s just going to seal the Fate of that little areas there This is
not a regional area This 1s 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 fight
there at woods Corner And again having reed in that area for 25 gears I just feel like
thus is not going to protect these neighborhoods right there which were stable
neighborhoods These were not unstable neighborhoods 'Where's no areal crime in these
neighborhoods Where s no problem in these neighborhoods I lust don t see any reason
why a retail establishment can't eventually make it here And rnavbe 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 male had investments This 1s 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 Thankq Joe Di we have any opposition?
Robert Miller Yes we have another speaker Mr Doyley He doesn t say whether he's
in opposition
George Doyle Good afternoon Iry George Doyle I rn the property owner that is
inunedlately south of this It abuts the longer lD that is what has been rezoned as of
Item #1
l emp ville/Centerville Associates, LLC
Page
what is in your paperwork It says it was done July 11 1988 That adjoins my property
I was never notified that was going to be rezoned nor in February of 1 for the larger
piece that was done before I ve. been there for over 24 years And, I question the
inaress/euess on Kemp ville Road There's no deceleration lane I thought there needed
to be I see that they reserved a piece that i s b I ank up xn the low e r 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 rrules Up Centerville just bacl ng 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 rernaining Where s another storage facility up in Acredale across from Kemp
River that has numerous storage facilities It s right there less than two rrules away
maybe a nine 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 Fight along there
Dorothy wooed Thank you
Betsy Atkinson That whole piece`s
George Doyle That whole piece It was that little flag lot that was put in there for the
phone company that I 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 llnuts of
the lard and on nay ingress/egress in my rear portion I have a strip on the south side that
males 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 to nay life since 1985 when I ve had nothing
but traffic in and out all hours from the phone company children hit b cars or trucks
cats run over and killed You try to explain that to a little five year old whose eat 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 l 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 ch nged
Item #19
Kempsville/CenterN,ille Associates LL
Pacre 6
Donald Horsley It's changed
George Doyle It's not on your diagram That s also - acL ordln 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 rn sure you have another few words for us
Eddie Bourdon 111 try to keep them brief I appreciate when someone cornments
co rnerclal development of the property under the B-2 zoning you 11 be looking at, you
know, were going ahead and access to Centerville wh ch this project has absolutely no
access to Centerville and if you look we've got a lame BIIP 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 1t close to half, there s no building
whatsoever It s just a rice BIT and landscaping The northem or western portion of
the shared line, there is where we got the wider buffers landscapes fifteen foot landscape
buffer with heaver landscape screening following bv again the outside is all brick small
building with a metal roof as far as small as being height twelve feet in height A ain, if
tt
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 11 be looking at the lack of a shopping center and the activities that o on
behind the shopping center in terms of delivering product and just again as a, and I can't
spear 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 o
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 marinerdust because there i ,lust so
much commercial out them 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 I thank I indicated that from our
understanding is full Where may be one up further north of Indian River Road on
Kempsville Road I m not fanuhar with there being one if them is, and I stand corrected
on that and the argurnent 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 e,� erg inclose pro lrruty 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 my residential property owners who would prefer to see a chopping cerfter to their
property adjacent versus to something like this facility There's a self -storage facility on
Haygood load that adjoins a neighborhood to the homes up there that are in the
0,0004100 000 price ranges when it s done properly dome well they re attractive
They re love intense They got all these conditions to restrict noise, etc f 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
Iem #19
Kernsville/Centerville Associates LLC
Page 7
property adjaccnt to us than ould be a shopping corner 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
etsv 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 hlcrh is the fighting It sags here 14 feet so the light 1s 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 1 feet height 1s here The walls here then you got the roof n 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 corning 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 Iighting is below the roof7ine
so that it is not reflecting back out to his yard
Eddie Bourdon It s an excellent point Ibis Atkinson We will definitely make sure that
is taken care of in terms of the lighting If we need to adjust it in the backWe need to
adjust the lighting hack in this area to make sure there is no impact we certainly can do
that That s not a problem Again with the hrruts of hours a re not in a position after
o m where we have to have any signif i can amount of llghtin tier than just what
tp
necssary for security And the whole thing is secured with fencing all the moray around
So it is totally a secure site The only way in 1s the gate out here
Betsy Atkinson So you can assure hire that at nine after or whatever time it closes 9 o
p m that they 11 dirn those lights more?
Eddie Bourdon Yeah There s no problem with that whatsoever Again because we get
no members of the public that will he in here after 9 00 p rn as far as getting stuff out of
their lockers unlike the situation inhere you have 2 -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 problem on adjacent properties And those
facilities it s pretty easy to do Unlike shopping centers when you do have the need to
proN 1de for the safety of the patrons who visit the shopping center lighting at much
higher lever during the evening 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 hues ad3acent to it than would be a shopping
center
Iteran # 1
T emps ille/Centerville Associates, LLC
page 8
Betsy Atkinson 1 agree
Dorothy wood W 111
William Din Eddie, Mr Doyle brought sornethiri to rimy attention that 1 hadn't notice
In
before and maybe you clanfy it for rune on page 10 you have a site map and Stephen go
to the site reap 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 r that section is where it says lease parcel is ahouP
Eddie Bourdon I apologize will I'm not following you
William Din light up here at the entrance on Kempsvllle Road
Eddie Bourdon oh I rn sorry I was looking down here adjacent to the property That is
n 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 ret inlrg and hopes of being again,
to provide are opportunity to build some form of commercial office use on that piece of
property on lernps-ville Road
William Din That s not part of this ltern9
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 Pernut In other words, it's not a rezoning It's just a Use
errrut And we filed the Use Pernut on all the property you see in the red hacks s We did
not put the Use Perrmt 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 Mere and that is you really
don t have any real visibillty of the bulk of the storage area from I empsville Road
From here, you 11 wind up having as you have here some conunerclal development and
again you got it here So that was also part o the think-ing The commerci 1, again e
don't have a user for 1t because at this point there isn t a demand for it but them is always
a possibility for a small site that you may fired 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 et for
than a large shopping center
William Din Maybe a question would we be able to see what would cro on there Mr
Scott or anything's How would that be developed`
Robert Scott Well, as it stands now you wouldn't whether it 1s subdivided out some day
And somebody would put an out parcel on there, whether it's a fast food place or
Item # 19
Kernpsville/Centerville Associates LLC
Page 9
drycleaners or whatever I haven't given anv 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 t
decide on what criteria to look what would constitute a good use`s what would not
constitute a good use? You kno x one of the bid questions here and I guess this goes back
a little bit to what Mr Strange was bringing up I thinly we reed to address the question
Is this or xs 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 saving there but having a parcel that
night be developed with something that we have no control over is a little concerning I
thinly the overall de eloprnent 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 Kernpsvllle load
is are important aspect of that I don t know what kind of condition, again I was caught a
little surprised by thi 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 bather you
more than others you really donut have a tool that I can come up with this moment as to
hour to address that
Dorothy wood Don'
Donald HorsleN The fence does go around? It s hard to see on there But the fence does
o around the barn'
Eddie Bourdon The fence goes around the interior There is n fence n the exterior
It s just pond and landscaping
Donald Horslev So between Mr Doyle s propeny 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 thinly 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 seffgated 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 thus 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 sor�nething we would have any
version to in terms of wording If you could come up with the wording of the condition
Item 419
Kempsville/Centendle Associates, LL
page to
that you have over site over the development of that out parcel that s doesn t present any
problems for my client
Betsv Atkinson one more quick question Is that pond going to be caret or dry
Eddie Bourdon It will at least in part be wet I'm not sure we continue to do all the
borin s in terms of what kind o infiltration you ve got All caret okay, sorry It 11 e all
wet It won't be some it 11 be all wet
Dorothy wood okay .Any other questions`) Mr Bourdon thank you Is there any
discussion`
Robert Miller No 111 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 rrnnl storage was north of this on Centerville
Turnpike not south but that s okay I just wanted to make sure that I wash t lost Again
retail in this area just seerans to have had trouble in the past and it does concern nee that
wanting 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 way9 It s a large project and I thought that when I first saw it and I do really
think it's a large n'uni storage project But I don t get into peoples business plans and
why they do things the way they do there And, I just think if we are not mooing 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 thi one It s
probably the hest choice with the conditions that staff has put on them
Dorothy wood Don`
Donald Morley I guess I kind of agree with khat Bob said It s an odd shaped piece of
property to start with I guess you could look t it as a temporary use You still got the
B-2 zoning on the property so years down the road if there was a reed I guess it could he
redeveloped but right no it looks to me like this is probably one of the best uses you
could put on that It really loops life 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 life to al a motion that e approve the project as presented
Robert Miller Second
Item # 19
ernpsville/Centerville Aseiate, LL.
1' � 11
William Din I like to at least to have a condition dei eloped I cruess prior to presentation
to Council that this lease parcel be reviewed by staff or somebod 3 prior to del elop1n or to
meet some kind of cruidelines I m not sure what kind of words what need to he said
here
Dorothy wood Can we add that to the m tion9
Robert Miller Second acrreement
Eugene Crabtree Yes
Dorothy Wood Any other discussion? we're ready to vote
AYE 7
NAY 3 ABSENT 0 ABS I
AT INS N
AYE
BAUM
AYE
CRABTREE
AYE
DIN
AYE
H RSLEY
AYE
MILLER
AYE
RIPLEY
ABS
S LLE"
NAY
STRANGE
NAY
VKS
AYE
WOOD
NAY
Dorothy wood By a vote of 7-3 with one abstention the notion passes
Ronald Ripley Okay The meeting is adjourned
Map H 3
1k. . _ r% , a M4� ^ te Aa _ ,
WIN
` ■
X
= ■�
� '�
`� ��
' �
��
� �
�
■
�
� /
& , ■ �
■ . _ ��
�
�
� � ��
-
� ��
� ■
4•
Rpo
■
��-
�
�
� �.■ ■ �
{
�.
.
�
�
�•� �
�
� � � �
■ �
Ad
Gp■n 1499-4-5--2850 - 35--7627
ZONING HISTORY
1 Conditional Use Permit (church expansion) - Granted 2- 1 0®98
Co n dit ion a U se Pe rmit (ch u rch ) - G ra rated 11 -24-86
2 Subdivision Va n an ce - Granted 8 -26-97
3 Subdivision Variance - Granted 2 -2 5- 97
4 Subdivision Variance - Granted 1 -2 6-93
5 Subdivision Variance - Granted 1 0 -9 -9 0
6 Subdivision Variance - Denied 8-28-89
7 Change of Zoning (R-40 Residential District to R-30 Residential District)
Granted 2-27-89
Subdivision Variance - Granted 2-27-89
8 Subdivision Variance - Granted 1- 1 8-82
r�
r
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Four Pines Associates, L L C — Subdivision Variance
MEETING DATE February 11, 2003
0 Background
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for Four Pines Associates, L L C Property i
located at the southwest intersection of Wet Great Neck Road and Adair
Keeling Road and contains 40 46 acres, more or less (GPIN 1499452850)
DISTRICT 5 — LYNNHAVEN
The variance request is to Section 4 4(b) of the Subdivision Ordinance, which
requires all newly created lots meet all the requirements of the City Zoning
Ordinance The proposed lots do not have direct frontage on a public right-of-
way
This item was deferred by City Council on November 12, 2002 at the request of
the applicant so that this request could be heard by the City Council at the same
time as the subdivision variance request for the adjoining lot (application of
Andrew Munch)
■ Considerations
There are two existing (2) parcels containing approximately 40 acres Lot FP-1
(approximately 20 acres) has frontage along West Great Neck Road while lot FP-
2 (approximately 18 acres) has no direct frontage along aright -of -way Both lots
are within the Chesapeake Bay Preservation Area and contain environmentally
sensitive features such as tidal wetlands and highly erodible soils
Since 1989, the City Council has reviewed sic subdivision variance requests in
the vicinity of this site, five of which have been approved The majority of these
requests were granted for parcels that lacked the required street frontage but net
and often exceeded the minimum lot size Several of the variances granted were
for property, in close proximity to this request, which members of the applicant
family have owned for many gears
For the purposes of constructing a single-family dwelling within the landward 50
feet of the Resource Protection Area, it is the latent of the applicant to subdivide
out a 1 58 acre site (Lot FP-3), primarily from lot FP-2, that does not meet
minimum lot width This variance would also "legalize" existing Lot FP-2
(previously recorded by deed), which currently does not have access to a public
Four Pines Associates
Page 2 of 2
right-of-way The legal access for Let FP-3 and for Lot FP-2 is proposed via a 20
foot wide ingress and egress easement that follows an old farm path to
Woodside Lane
The current request would permit the applicant to create this lot, the building area
of which was permitted by the Chesapeake Bay Board in November 1995 The
applicant now creeds to legally record this lot prior to anticipated changes in the
rules for the Chesapeake Bay Preservation Act Those rules may have the result
of making the creation of this lot impossible Unless this lot is recorded prior to
the rule changes, the applicant's rights to development as granted by the
Chesapeake Bay Board may be eliminated The constraint presented by the
Chesapeake Bay Preservation Area and presented by the potential modifications
to the Chesapeake Bay Preservation Act regulations have resulted in this
applicant's hardship, necessitating this request for a subdivision variance
Based on the hardship associated with this parcel due to the Chesapeake Bay
Preservation Area and on the submission of a conceptual plan that shows how
this parcel would integrate with a larger plan of development for this property,
Staff finds that "authorization of the variance will not be of substantial detriment
to adjacent property, and the character of the neighborhood will not be adversely
affected '
Staff recommended mended approval There was opposition to the proposal
■ Recommendations
The Planning Commission passed a motion unanimously by a recorded vote of
11-0 to approve this request
■ Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended ! Action Staff recommends approval Planning Commission recommends
approval
Submitting DepartmenUAg ncy Planning Department
City Manager S
ABA
Ile
r
04
IN
• C
---�
ULI
eoe or
Bch
LL
Malaga
jr
CL
UL
2
c
uj
cc
t iROW < • . .
5
�
�s L�
M
y5
mr
Y /
22
L
r �
7FOUR PINES ASSOE - -- I - j
CIATES, L.L.C. / # 5
October 9, 2002
UPDATED October 14, 2002 (in italics)
General Information:
APPLICATION H03-21 O-SVR-2002
NUMBER
REQUEST UEST Subdivision Variance to Section f the Subdivision
Ordinance that requires all newly created lots meet all the
requirements of the City Zoning Ordinance The proposed lots d
not have direct frontage on a public right-of-way
ADDRESS Southwest intersection of West Great Neck k Road and Adam
Keeling load
L. k
Olt
I
R 3
{ rhro
' R- 40 A 01
R 40
a
�f CHftCL
.�
4
1
RIAO
20
I lvr
J
Gpur 149"5-- 850 — 35-76
GPIN 149 945285 , 1499 3 5 762
Planning Commission Agenda _.
October 9, 2002,
FOUR PINES ASSOCIATES, L L C
Page 1
ELECTION
DISTRICT - LYNNHAVEN
SITE SIZE 40 463 acres
STAFF
PLANNER ER Carolyn A K Smith
Major Issues:
Presence of a hardship justifying the variance to the requirements of the
Subdivision Ordinance
Site Plan / Preliminary Plat:
Existing Lots There are two
(2) parcels containing
approximately 40 acres Lot
FP-1 (approximately 20 acres)
has frontage along West Great
Neck Road while lot FP-2
(approximately 18 acres) has
no direct frontage along a right-
of-way Both lots are within the
Chesapeake Bay Preservation
Area and contain
environmentally sensitive
features such as tidal wetlands
and highly erodible soils
Proposed Lots It is the intent
of the applicant to carve out a
1 58 acre site (Lot FP-,
primarily from lot FP-2, that
does not meet minimum lot
width for the purposes of
constructing a single family
dwelling within the landward 50
feet of the Resource Protection
*AA4,q OCK C),J
L�:VV4
Planning Commission Agenda
October 9, 2002
FOUR PINES ASSOCIATES, L L C
Page
LEGEND
Area This variance world also "legalize" existing Lot -2, wh1ch currently does not
have access to a public rrgFht-of-war The legal access for Lot -3 and for Lot Fri-2 is
proposed via a 20 foot wide ingress and egress easement that follows an old farm path
to Woodside Lane
Lot Width in feet
125 1438
0* 0'
Lot Area in square feet
40,000 871,935
820,901 69,245
*Variance required
Land Use, Zoning, and Site
Characteristics
Existing Land Use and Zoning
The heavily wooded, vacant site is currently
zoned R-40 Residential District The site is
a part of a large family faun consisting of a
farmhouse and accessory structures, two
single-family dwellings to the south,
equestrian areas and cultivated fields Lots
FP-1 and FP-2 are currently under
cultivation
Surrounding Land Use and ZoniDg
North
0 Woodside Lane
• Single-family dwellings R-40 Residential District
South
0 Single-family dwellings R-40 Residential District
East
0 west Great Neck Road R-40 Residential District
West t
Single-family dwellings R-40 Residential District
Planning Commission Agenda
October 9, 2002
FOUR PINES ASSOCIATES, L L C ##
Page
Zoning History
Since 1989, the City Council has reviewed six subdivision variance requests in the
vicinity of this site, five of which have been approved The majority of these requests
were granted for parcels that lacked the required street frontage but met and often
exceeded the minimum let size Several of the variances granted were for property, in
close proximity to this request, which members of the applicant's family have owned for
many years
Air Installation Comoatible Use Zone, (AICUZ)
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana
Natural Resource ,and Physical Characteristics
This site is located in the Chesapeake Bay watershed Portions of the property are
located in the Resource Protection Area (RIPA), the more stringently regulated land
within the Chesapeake Bay Preservation Area, and contain tidal wetlands and highly
erodible soils There are also a large number of mature hardwoods on the site
Public Facilities and Services
Water and Sewer
Water There is an 8 inch water main fronting the north side of the
property, in Woodside Lane and Adam Keeling Road There i
inch water main in Nest Great Neck Road This subdivision must
connect to City grater
Severer There is an 8 inch sanitary sewer main in Woodside Lane fronting
the property and 8 inch sanitary sewer force main in Woodside
Lane and Adam Keeling Road fronting the property These lines
connect to a 16 inch Hampton Roads Sanitation District force main
located in Vilest Great Neck Road
This site must connect to City sewer
Should thrs variance for this one lot be approved and plans for a
dwelling on the lot be submitted, calculations will be required from
the applicant to determine where the water and sewer connection
should be made (Woodside Lane or West Great Neck Road)
Planning Commission Agenda
October 9, 2002
FOUR PINES ASSOCIATES, L L C
Page
Comprehensive Plan
The Comprehensive Plan identifies this area of the City as Suburban Residential/Love
Density, an area planned for residential uses at or below 3 5 dwelling units per acre
Evaluation of Request
Section 9 3 of the Subdivision ordinance states
o variance shall be authorized by the Council unless it finds that
Strict application of the ordinance would produce undue hardship
The authorization of the variance will not be of substantial detriment to
adjacent property, and the character of the neighborhood will not be
adversely affected
C The problem involved is not of so general or recurring a nature as to make
reasonably practicable the formulation of general regulations to be
adopted as an amendment to the ordinance
The hardship is created by the physical character of the property,
including dimensions and topography, or by other extraordinary situation
or condition of such property, or by the use or development of property
immediately adjacent thereto Personal or self-inflicted hardship shall not
be considered as grounds for the issuance of a variance
E The hardship is created by the requirements of the zoning district in which
the property is located at the time the variance is authorized whenever
such variance pertains to provisions of the Zoning Ordinance incorporated
by reference in this ordinance
The Chesapeake Bay Preservation Area Board reviewed and approved a request for
land disturbance in the resource Protection Area for the construction of a single-family
dwelling on November 27, 1995, with the following conditions
The limits of construction on the proposed building site shall be identified on a
revised site plan and must be approved by the Planning Department All
accessory structures must be shown on the resubmitted plans No development
activity shall occur channelward of the landward 50 feet portion of the 100 foot
Planning Commission Agenda
FOUR PINES ASSOCIATES, L L c #
Page
buffer
0 Tree mitigation for trees six inches in caliper and greater shall be at a 3-1 ratio
All of the property located outside of the defined limits of construction shall be
left in a n at u ra I state
The septic tank primary and reserve drainfield areas shall be shown on the site
plan and must be located outside the seaward portion of the 100 foot Resource
Protection Area buffer
A revised site plan meeting the above conditions shall be submitted to the
Planning Department for a full plan of development review and approval prior to
the issuance of a building permit
Subdivision variances have been granted previously, on four separate parcels, t
provide for residential development on this family owned property The proposed lots
are part of the Addington family farm: which was divided by deed into large parcels
The current request would permit the applicant to create this lot, the building area of
which was allowed by the Chesapeake Bay Board in 1995 The applicant now needs to
legally record this lot prior to anticipated changes in the rules for the Chesapeake Bay
Preservation Act Those rules may have the result of making the creation of this lot
impossible Unless this lot is recorded prior to those rules, the applicant's rights to
development as granted by the Chesapeake Bay Board will be eliminated The natural
resource impact on this site of the Chesapeake Bay Areas and the potential
modifications to the regulations have resulted in this applicant's hardship necessitating
this request for a subdivision variance
Discussions with the Addington family and a recent informational submission (not
formally submitted) to the Chesapeake Bay Preservation Area (CBPA) Board indicate
that the owners of the farm are exploring several possible development scenarios An
orderly development plan will hopefully alleviate the need for fiuture subdivision requests
for individual lots as well as provide City water and sewer to this parcel as required by
the Department of Public Utilities While the CBPA Board did allow for a septic system,
Public Utilities does not feel that connecting this lot to City water and sewer is beyond
normal requirements and will thus require that connection Should this variance for this
one lot be approved and plans for a dwelling on the lot be submitted, calculations will 6e
required from the applicant to determine where the water and sewer connection should
be made (Woodside Lane or West Great Neck Road)
Planning Commission Agenda
October
FOUR PINES ASSOCIATES, L L c
Page
Staff concludes that `iauthon ation of the variance will not be of substantial detriment to
adjacent property, and the character of the neighborhood will not be adversely affected „
This request for a subdivision variance is, therefore, recommended for approval
NOTE Upon granting of a subdivision variance., a final subdivision
plat must be submitted to the Development services Center
for approval and recordation
Further conditions may be required during the
administration of applicable City Ordinances
Planning Commission Agenda
October 9, 2002
FOUR PINES ASSOCIATES, L. L C
Page
y
GREAT p
ITVt4soy--
# L
-� A0
Lk W&I
PL
161
, W' -s AMR!-
2 JL S f
—
rn
{
% �' r •`
ROC
LEGEND
k,� N Z_%,-
h J 's �d
l
V 3
d
Ado
Y
SHEET QF w
1 4
Planning Commission Agenda
October 9, 22
FOUR PINES ASSOCIATES, L L C
Page
r
01
pp r
" N yak i k
or
dio
.4► �' it *.
%. �16
���. F• � fir° . �� � � �
jlZ
. �' 2-
$� v }
w r
r
cr
N• a
� �
. o Ac
k
•,h i y �.���N°�"�°i''+w� • 'L , 9�'I' k � 4� �, " :'� � � k.�.. "U`� i .� :'�j �R ' f' *
46
. #` �' "°• 'a. ,,, ?l:. ram. iL� 4/ a*
ofIle
Lu 4, irry ljo
• .f ..i-n'r. '
ror
LQ
74
w IFF.° ,i % J
, �' ' R .� ., --iMi° �..9a .. ri'*
. 4S'"'
r* ►` r eA
At
Ff
� H r � r • k
lid
JIF
Aor
*
�• o [-
Funning ommission g na p: 'E
October9,2002.
OUR PINES ASSOCIATES L L C I ## 5
Pa cue
AFVLILA I i t ICE 4 O F 4
SUBDIVISION VARIANCE
CITY OF VIRGINIA BEACH
r
DISCLOSURE STATEMENT
Applicant's Name -� S..
List Ali Currenr
Properry 0waers
r r
PROPERTY OWNER DiscwsuRE
If the property oixmAz Ls a CORPORATION list all officers of the Corporauon below tArrach ur if necessafv) I
if the property owner is a PA RTNERS HILP FIX&I or other UNI NCORPORLATED ORGANI 4TI N h it
-ill members or partners in the vfganizauon below (Anach list if necessary)
a
Check here if the properly owner is NOT a corporation pumership firm or ether unincorporated t
organisation
If Ili eapphcant as rive the current owner of diepropeM complete the Applicant Disi,losure section beloit
APPLicA T DiscwsuRF,
If Lhe hcant is a CO O �i OIL f I �c a au be w f4rr ch hst i(n arm)
PP R. T'I is � ol'� ers f the �rgor on �c� a �css
4
If the applicant is a PARTNERSHIP TNERSHIP FERMI or other LIN INCORPORATED A II A' ION ]r t all
mernbrrs or partners in the organizati.an below rAstacA list if nevessary)
I
14
i
Cl Cheek here 3( the appitcznt is N OT a corporation parmexshtp firm a othez unincosporate d organ i zat 1 a n
I
CERTWICATION I certfy that the information onfamed herein ts true and accurate
ff
i
Planning Commission Agenda
October 9, 22
FOUR PINES ASSOCIATES, L L C
Page 1
Fa�.r Pi r1es }}5sacicf�s, LC
Parrners
Nancy A. fight
Meth D Addington
'Enc W Addingtoja
o b r t C Addingt.
sae B Addington
J C Ad.dm t n, Dj
W N1 Pauano,, M
Leslie H Passano
Kemp I-Lij
Jose Barnett
Hugh T Addington
Memck lVfuuav
Jane T=e
l a eth A Twoh
Dabney Napolitano
Helen Wlutteore
Margaret Deb an
Kemp F Hill, Custachan
for W1i Harrison
Kemp P Hi -IL Custodean
for Matthew r K Hffl
Kemp P Hill Cus odLan
for Edward P RiU
Kemp Ham, Custodian
for VnZiwa
Joseph C Addmgton, it
Helen Addmgtou Passazo
Margaret k `woh
evm NLchaels
Fredenck N p htano
_e�tO�.aE4,
Planning Commission Agenda 0
October 9, 2002
FOUR PINES ASSOCIATES, L L C
Page 11
Four Fines Associates LLC
Appeal to Decisions of Administrative officers in regard
to certain elements of the Subdivision ordinance
Southwest intersection of west Great Neck Road and
Adam Keeling Road
District
Lynnhaven
October 9, 200
REGULAR
Ronald Ripley okay This portion of our meeting now will be items that are to be heard
in its regular order on the regular agenda And I d want to remind everybody you need
to adhere to the rules In fact I think we might even have some discussion on the amount
of time on these rules Let me get through this I want to make everybody aware if you
have speakers that spoke before you not to be redundant And I certainly don t want to
lxnut anybody's rights to discuss something but I do want to get through this matter we
do have seven items to hear and we could be here a long time. heanna these seven
because we want to be as thorough as we need to be so that both sides are fairly heard
So if you give me one second Alright Let s start with the first item and Mr Miller will
you please call')
Robert Miller First item is Item #5 Four Fines Associates', L L C Are you Nancy
Knight"
Nancy Knight Yes I am Thank you I thank the Council for the chance to see me
today I rn a manager of Four Fines Associates one of four managers And I m
presenting a request to preserve our Chesapeake Bay Board vanance that we obtained in
1995 This has been a lengthy process we ve had years of engineering surveys and
separate sites picked out with regard to the topographical consideration of the land and
also the privacy o f the homeo ners Not just the homeowners w ithin our property of
Four Fines and the adjacent properties but also those given consideration to Woodhouse
Lane and Adam Keeling our farmly farm actually is divided in several different parcels
And some of the opposition that I've heard from just yesterday and today when I
understood they wer(- there is that there is development going on Woodhouse Lane now
and stops to Lynnhaven My application has nothing to do with this development It is
on Woodside Lane My application is only to preserve what I already have Given the
fact that the State of Virginia is coming with some legislation in the spring and w had no
immediate plans to develop my one lot with any parcel it's so far back into the treeb that
the closest access that I have is an existing barn road that my grandfather had there And
this is my personal lot I am a member of Four Pine Associates so I am here representing
myself as a potential homeowner And because these items have to be put to record is
what I understand before we can even develop a site plan, I rn sorry a building plan for a
single farmly home That s the reason why I m here is to ask for that variance for the
ingress/egress to this property Thank you
Item #
Pour Pines Associates LL
Page
Donald liplev Is there anv questions for Ms Knight? No questions`? okay Thank you
very much
Nancy Knight Thant. you
Robert Miller we have opposition Dennis Hobbs`
Dennis Hobbs Conumssioner Council I'm President ofthe Great Neck Point Civic
League And f ve had several calls over the last couple of days about this proposal we
do not object to the variance what we object to is the location of the access road for the
construction on the piece of property here and the future development that is part of this
k%Thole plan The proposed access road cones in off of Woodside Lane It comes down
croes down through and to the dot there This is to be used as a construction road and also
a utility hookup will be on Woodside Lane which we also object to we feel that it s
better both to have the access road come in off ofNest Great Deck Road d nd Addington
Road where there s already an existing road oft of Addington Load that goes back almost
to the property in question And also we feel that the hookup for the utilities for that and
for future development would be a benefit by going up to Nest Great Neck Road which
has a larger utility seiner main and water main Thank you
Ronald Ripley Do you have any questions of Mr Hobbs")
John Baum I wish a all could have discussed this if we had a map we could read
Ronald Ripley There is a pointer Can you see' It s not a pointer it's a little laser I
assume it works There we go Can you point =9 You said there s a construction road's
Dennis Hobbs This is the proposed construction road right here The entrance off of
Woodside Dane it comes down this way down here into the lot in question nght here
There s are exil;tma road that comes down and off of, this is Addington Road right here it
comes down off of Addington Road and comes down into the woods right here 'which is
already there Like I said vve feel that this road ikould be much better used and it s
already existing road rather than creating a construction entrance over here, which is right
across the street from the preschool that exists in the church And I have a letter from the
church objecting to that entrance
Ronald Ripley Mr Miller has a question
Robert Miller when you say a construction road this morning we got into a discussion
about the ultimate development plan Is that what your re `emng to
Dennis Hobbs Part of the application ikk hich puts the future deN elopment plans in there
is the creation of the twenty foot wide construction road at that point nght there Which
is now a ten -toot gate that allows the entrance of farm equipment tractors and things
Item #
Four Pines Associates LL
Page
usually in the spring and then in the fall but as it hasn t been used in several years
because the area is not agricultural
Robert Biller But you understand that we re not dealing with the ultimate development
plan
Dennis Hobbs Correct
Robert Miller Construction access All we're dealing with is this one lot and are you
now referring to that fact that there s construction access through this ingress/egress
easement for the one house
Dennis Hobbs Yes sir
Robert Miller That is of ncem"
Dennis Hobbs Yes sir
Robert Miller For one house's
Dennis Hobbs well
F obert Miller Or is it really for the potential other houses that will be there Fm just
trying to clear up because we had confusion this morning
Dennis Hobbs It is both because once you build the road then anv future development is
going to be through that road
Robert Miller Well not necessarily But that's not ghat we're dealing with today
We're dealing with the one lot and the one particular situation So, we were confused
some this morning and I think it is perhaps a confusing issue because there's a potential
that this property will be developed into other lots And I think agzun, reading between
the lines the real concern is that if you re building one house, maybe that s not as, I dory t
want to spear for you but that perhaps is not a big a deal but if you were to be building 40
houses that rrught be of a greater concern And perhaps that is what we should really be
tall in or about I'm lust trying to clear up I don t thinly we're dealing with an issue of
t7lconstruction access at least not in my nund for one house Arid listening to you I don t
see that same assumption
Bennis Hobbs It is my understand that the Phase 11 and Phase III plans were part of this
original, this variance right here because it had to be that way from Planning That s my
understanding of the thing And as such it brings to light the fact that this is the
construction
Item #
Four Pines Associates LLC
Page 4
Robert Miller Can I ask her Carolyn am I nuunder tandxng Aren't a clear that this
is only dealing with the one lot the CBPA appro� al 1n 199 5 and the ingress/egress to that
lot but not to the proposed subdivision that may come in some pojnt
Carolyn Srruth Correct And it ixas the application to the Chesapeake Bay Board for
similar lot or for another lot
Robert Miller You lust need to pull it down
Carolyn Srmth Another family member has recently subrrutted a request to the
Chesapeake Bay Board The Chesapeake Bay Board said to there we would like to loot
at a conceptual plan of the entire farm as to }pow you re going to deal with the entire o
acres instead of just this piece now Subdividing And that s ghat generated the concept
plan that they're talking about
.1 b rt h filler But that's at the CBPA Board and not for us to decide on today'
Carolyn Swath Correct
Ronald Ripley Betsy Atkinson got a question`
Betsy Atkinson Yeah But Carolyn is that conceptual plan at this point shoring a
major 1nress/egress access into the ages through this particular barn road Is that
where the main entrance feciture to all the new homes would be or can that rile moved'
Carolyn Swath The min entrance and I think the only entrance shown on the concept
plan is off` of West Great Neck Road What s sbo n on there is also the existing
conditions which includes that little fawn lane and that does go to Woodside Lane but the
faun lane runs through the muddle of some lots It s hi hl r unlikely that would be used
the way that it s shown on this plan
Betsy Atlnson So"
Dennis Hobbs we have a copy of the proposal with Phase U and Phase III
Betsy Atkinson We haven t seen that Can you share that with as?
Robert Miller Mr Hobbs e have a copy up there
Betsy Atkinson My question for Carolyn This is going t be the main in re s re I
understand the neighbors concern but if it the whole subdivision 1s going to come in off
of west Great Neck Road and maybe one little road that goes out to goes out to
Woodside that would
Item #
Four Pines Associates LLC
Page 5
Dennis Hobbs The way that I read the Plan, they re going to use this road right here as
the construction entrance and construction for all of the development is going to take
place on this whole 40 acre piece of property Eventually the road will come in, like I
said on that little a istiner dirt road that comes in here it will hook around and will be
kind oflike ar circle here Phase II comes darn past this right here and ends in a little
cul-de-sac which still uses this road as the main construction entrance Then Phase Ili
still uses this construction entrance and then eventually they circle this around and there s
this one entrance over here They close this over here But we're talLn.g about a period
of probably ten years where we are going to have construction traffic coning through this
entrance here and that s what we re objecting to for both the initial lot right now and any
future development Like l say, it is my understanding that this part or was part of this
variance That's all l have
Ronald Ripley Any other questions'?
Robert Miller They re no other speakers
Ronald Ripley No other speakers okay Alright Ms Knight, would you like to come
back up" Any rebuttal's
Nancy Knight I'm very thankful that you have there here to come before this Council
and tell us what their concerns are Because I really relieve and I know that our
grandfather believed in this as well that the concerns of those around us and their privacy
are certainly a concern of ours as well As a matter of fact, the neighborhood that they
enjoy was part of our farm and I had a direct participation in developing the Keelingwood
Subdivision Many of the letters and emalls that we've gotten yesterday and today were
people who live as far as eight tenths of a mule away And I m not good at using this as
pointer but I'm going to try here Thank you That would be a great overall aerial would
help a lot Yes okay Alright Addington Road and west Great Deck, this entrance here
is the original two-lane road that came off of the old bridge okay This was our fanuly
farm that was condemned by the State of Virginia hack in the 70 s and thus Great Neck
Road carve through The beautification of Great Deck Corridor was directly in response
to us in that condemnation of the land which the State of Virginia tools Okay them we
took pride and it s made a beautiful area A lot of the ernails right here Their big
concern is this is a private This is not our idea in the very beginning And history will
tell us that if you look into this This was the attempt of the engineers to make a better
plan for traffic As far as Adarn reeling road goes and this is the stop sign in question
this area right here where All Saints Church is, this whole area here Their entrance is
closer to the stop sign than 190 feet which our entrance and this is just a temporary old
entrance of my grandfathers This is called the old Barn Road at one time and the
farmers still can use it if they need too It s not intended to be a construction road This
is a 190 feet from that stop sign Engineering from wP Large who w ve been working
with has checked the radius of the road There was a question of it being a dangerous
corner Certainly with the preschool in that church area and the concerns they have about
people going in and out there s a parking lot entrance here and a parking lot entrance
Item #
Four Fines Associates, LLC
Page 6
here And the opening to this gate is not in direct opposition to any opening with All
Saint It s kind of like in the center Continuing with dus l elin wood is this whole
development here It s a 20-acre tract within this site area there is 60 acres - acre
parcels There s 20 here, 2.0 here and roughly "10 here The reason why it s only listed as
only 40 is because this property this lot that we are tryinoxto carve out and nand you the
topo raphical features and riving the Chesapeake Bay one recommendation is to do the
best use of tIns land on the water The best consideration ue can In order t do that
what they had told us with the utilities eomimssion They said that this whole area is
zoned R= o And it's in the 270 I m not really sure what that mean The encrineer in
that office had said that the eight -inch utilities pipe that wines in here off of Woodside
Lane would support the - o The way this whole area is zoned There is a concern that
there's a greater sewer pipe up here sixteen inch but our whole farmly planned And
speaking as a member of the family nay fathers, it s my grandfathers, my father s father
Ronald Ripley Ms Knight`
Nancy Knight I can say that very quickly that this has always remained to be beautiful
jewel in Virginia Beach s crown and we are looking just to take care of that one lot And
I hope that addresses some of their concerns Thank you
Ronald Ripley Thank you Any other questions` we 11 open this up for discussion
An bodv go first Bob'
Robert Miller Yeah I think obviously the confusion comes in when you re dealing
with a master plan that eventually may come about And rhea dealing with the current
situation which is one lot and the CBPA approval that was granted in 1995 I don t
really see the ingress/egress easement, which allows access to that particular lot as an
issue of any great concern to me particularly from a construction point of view As the
plans would come forward for something later on that's going to have to be dealt with by
staff Actually it won't even come in front of us unless there's an issue that goes through
another s ubdiN ision variance issue or somethinor like that S o I don t have a problem
with the way it was proposed and with marina sure that we bring this lot into
conformance bayed on the CBPA approval
John Baum Is that a rnotion9
Robert Miller And l will so move
Betsy Atkinson I will second it
Donald Ripley l to, before ore we vote I don t see the nexus between the two either One's
variance for the use and another is a by right xs ue If it's an open space application
then it would come before us and it would have to decide I don't see the problem eltber
So does anybody else wish to discuss its We have a motion by Bob Diller and a second
by Betsy Atkinson to approve the request we re ready to Grote
Item
Four Pines Associates, LLC
Pale
AYE II
XTKIISoN
AYE
B UM
AYE
RABTREE
AYE
DIN
AYE
HORSEY
AYE
MILLER
AYE
RIPLEY
AYE
SALLE'
AYE
STRANGE
4YE
V KOS
4kYE
WOOD
AYE
NAY 0 ABSENT
Ronald Ripley B� a Vote of 11-0 the motion passes
WE
PPA
At
di
Pod
;o
i�
ZONING HISTORY
1 Conditional Use Permit (church expansion) — Granted 2-1 -9
Conditional Use Permit (church) — Granted 11 -24-86 Subdivision Variance — Granted8-26-97
Subdivision Variance — Granted 2-2 -9
Subdivision Variance — Granted 1-2 -93
Subdivision Vanan ce — G ranted 1 -9-99
Subdivision Variance — Denied -2 - 9
Change of Zoning (R-40 Residential District to R-30 Residential District) —
Granted 2-2-9
Subdivision Variance — Granted 2-2-9
Subdivision Variance —Granted 1-1 - 2
dr
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Andrew J Munch (Four Pies Associates) —Subdivision Variance
MEETING DATE February 11, 2003
M Background
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for Andrew J Munch (Four Pines
Associates) Property is located on the west side of West Great Neck Road,
approximately 350 feet south of Woodside Lane (GPIN 1499452850,
1499357627) DISTRICT 5 — LYNNHAVEN
■ considerations
There are two existing (2) parcels containing approximately 40 acres Lot FP-1
(approximately 20 acres) has frontage along West Great Neck Road while lot FP-
2 (approximately 18 acres) has no direct frontage along aright -of -way Both lots
are within the Chesapeake Bay Preservation Area and contain environmentally
sensitive features such as tidal wetlands and highly erodible soils
It is the intent of the applicant to carve out a 1 1035 acre site (Lot FP-, that
does not meet minimum lot width for the purposes of constructing a single-family
dwelling within the landward 50 feet of the Resource Protection Area The legal
access for Let FP-4 is proposed Briar a 20 foot wide ingress and egress easement
that follows an old farm path to Woodside Lane
The heavily wooded, vacant site is currently zoned -o Residential District The
site is a part of a barge family faTM consisting of a farmhouse and accessory
structures, two single-family dwellings to the south, equestrian areas and
cultivated fields Lots FP-1 and FP-2 are currently under cultivation
Since 1989, the City Council has reviewed sic subdivision variance requests in
the vicinity of this site, five of which have been approved The majority of these
requests were granted for parcels that lacked the required street frontage but met
and often exceeded the minimum lot size several of the variances granted were
for property, in close proximity to this request, which members of the applicant's
family have owned for many rears
The current request would permit the applicant to create this lot, the building area
of which was permitted by the Chesapeake Bay Board in October 2002 The
applicant now needs to legally record this Jot prior to anticipated changes in the
Andrew Munch
Page 2 of 2
rules for the Chesapeake Bay Preservation Act Those rules may have the result
of making the creation of this lot impossible Unless this lot is recorded prior t
the rule changes, the applicant's rights to development as granted by the
Chesapeake Bay Board may be eliminated The constraint presented by the
Chesapeake Bay Preservation Area and presented by the potential modifications
to the Chesapeake Bay Preservation Act regulations have resulted in this
applicant's hardship, necessitating this request for a subdivision variance
Based on the hardship associated with this parcel due to the Chesapeake Bay
Preservation Area and on the submission of a conceptual plan that shovers hover
this parcel would integrate with a larger plan of development for this property,
Staff finds that "authorization of the variance will not be of substantial detriment
to adjacent property, and the character of the neighborhood will not be adversely
affected "
Staff recommended approval There was opposition to the request
E Recommendations
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request
a Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action Staff recommends apprflva! Planning Commission recommends
approval
Submitting Department/Agency Planning Department
City Manager
.�. rd b-
7
Y 4e
O as
IA6-*
LU
c '
LU
I# LLJ v r
e4
r
f
i �
f fro"-
ANDREW MUNCH (FOUR PINES
ASSOCIATES) / # 16 1
January 8, 2003
General Information:
APPLICATION
NUMBER H03-210-SVR-2002
REQUEST Subdivision Variance to Section 4 4(b) of the Subdivision Ordinance
ADDRESS
that requires all newly created lots meet all the requirements of the
City Zoning Ordinance
Southwest intersection of West Great Neck Roach and Adam Keeling
Road
Emir Aitpe e er r ip"tAo v 71'_
`l ARq 3
R 40
2*0�,.r
14 F 0 +r
l
I
R0 �i, R I O
JI Et
R
R 4 40
ram-• �
RA A— R
r
A
Cep n 1499-45—Z850 — 3.5-1
GPI14994528500000
14998200
Planning Commission Agenda
�
January , 2003
ANDREW II MUNCH (FOUR PINES ASSOCIATES) ## 1
Page 1
ELECTION
DISTRICT #5-LYNNHAVEN
SITE SIZE 40 463 acres
STAFF
PLANNER Carolyn A K Smith
Mayor Issuesm
Presence of a hardship justifying the variance to the requirements of the
Subdivision Ordinance
Site Plan / Preliminary Plat:
Existing Lot There are two (2)
parcels containing approximately
40 acres Lot FP-1 (approximately
20 acres) has frontage along West
Great Neck Road while lot FP-2
(approximately 18 acres) has no
direct frontage along a right-of-way
Both lots are within the
Chesapeake Bay Preservation
Area and contain environmentally
sensitive features such as Lidal
wetlands and highly erodible soils
��, ,
XDC=L
...
r r
� _
.'.
A.
_
Jffi_r
�w
r--
r
It �.r Qo }w , Ex �r P"%C #
lu'5C�R [�ll�l L+6Cw�1T
sr
4D Pill.
wr
sR � E LET FF�%'
ot
or X
r
-A-ft
M-1ati rt -0 is i< [or wTEI1
Proposed Lots It is the intent of
the applicant to carve out a 1 1
N..
� �� r.�
r"".+i= W 17i kiOM I
� LMM �T
} * }
rr� sitethat
acre site (Lot F1 -4), ll at does not
t 47I�
Y �� � � � - � w�ae � t�# 3� t
�
€ & �I
meet minimum lot width for the
��� � .. � Mae
°'~
purposes f constructing a single,CP
o.1
i irr h landward r
dwelling within t d d
*EZ= OF W41[72 r #
•
feet f the R ur a Protectionaw
;OVSfamily
L "�A�404
Area The legal access for Lot FP,
is proposed via a 20 foot wide ingress and egress easement that follows an old farm
earth to Iodide Lane
Planning Commission Agenda
January 8, 2003
ANDREW MUNCH (FOUR PINES ASSOCIATES)! # 16
Page 2
Item
Beguired
Lot FP-4
Lot Width in feet
125
0*
Lot Area in square feet
40,000
4$,068
*variance required
Land Use, Zoning, and Site
Characteristics
Existing Land Use and Zoning
The heavily wooded, vacant site is currently
zoned R-40 Residential District The site is
part of a large family farm consisting of
farmhouse and accessory structures, two
single-family dwellings to the south,
equestrian areas and cultivated fields Lots
FP-1 and FP-2 are currently under cultivation
,Surrounding Land Use and Zoni[Ig
North
0 Woodside Lane
6 Slagle -family d elfing R- o Residential District
South
0 Single-family dwellings - o Residential District
East
0 vet Great Neck d Road R- o Residential District
West
a Slagle -family dwellings R- o Residential District
zoning HistoU
Since 1989, the City Council has reviewed six subdivision variance requests in the
vicinity of this site, five of which have been approved The majority of these requests
were granted for parcels that lacked the required street frontage but met and often
exceeded the minimum lot size Several of the variances granted were for property, in
close proximity to this request, which members of the applicant's family have owned for
many years
Air Installation Compatible Use Zone(AICUZ)
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana
Planning Commission Agenda
January 8, 2003
ANDREW MUNCH (FOUR PINES ASSOCIATES)/ # 16
Page 3
Natural Resource and Physical Characteristics
This site is located in the Chesapeake Bay watershed Portions of the property are
located in the Resource Protection Area (RPA), the more stringently regulated land
within the Chesapeake Bay Preservation Area, and contain tidal wetlands and highly
erodible sails There are also a large number of mature hardwoods on the site
Public Facilities and Services
Water and Sewer
Water There is are 8 inch water ma(n fronting the north side of the
property, in Woodside Lane and Adam Keeling Road There is a 1
inch water main in West Great Neck Road This subdivision must
connect to city water
Sewer There is are 8 inch sanitary severer main in Woodside Lane fronting
the property and 8 inch sanitary sewer force main in woodtde
Lame and Adam Keeling Road fronting the property These lines
connect to a 16 inch Hampton Roads Sanitation District force main
located in lest Great Neck Road
Comprehensive Plan
The Comprehensive Plan identifies this area of the city as Suburban Residential/Lover
Density, an area planned for residential uses at or below 3 5 dwelling units per acre
Evaluation of Request
Staff evaluation of a subdivision variance is based on several factors, including the
degree of compliance with City ordinances and regulations, consistence with the
Comprehensive Plan, and adherence to good accepted land use and development
practices and theory Personal hardship does not eater into the Staff's evaluation
Above all: Staff's evaluation is based on Section 9 3 of the Subdivision Ordinance,
which addresses variances to the ordinance Section 9 3 of the Subdivision Ordinance
states
Section 9 3 of the Subdivision Ordinance states
o variance shall be authorized by the Council unless it finds that
Planning Commission Agenda
January 8, 2003
ANDREW MUNCH (FOUR PINES ASSOCIATES) / # 16
Page 4
A Strict application of the ordinance would produce undue hardship
The authorization of the variance will not be of substantial detriment to
adjacent property, and the character of the neighborhood will not be
adversely eff ected
C The problem involved is not of so general or recurring nature as to make
reasonably practicable the formulation of general regulations to be
adopted as an amendment to the ordinance
The hardship is created by the physical character of the property
including dimensions and topography or by other extraordinary situation
or condition of such property, or by the use or development of property
immediately adjacent thereto Personal or self-inflicted hardship shall not
be considered as grounds for the issuance of a variance
E The hardship is created by the requirements of the zoning district in which
the property is located at the time the variance is authorized whenever
such variance pertains to provisions of the Zoning ordinance incorporated
by reference in this ordinance
The Chesapeake Bay Preservation Area Board reviewed and approved a request for
lard disturbance in the Resource Protection Area for the construction of a single-family
dwelling on October 28, 2002, with the following conditions
1 If and when the shoreline is hardened for the subject lot, a riprap revetment shall
be installed in lieu of a vertical retaining structure such as a timber bullhead
Said condition shall be so noted on the site plan
2 Tree compensation shall be on a 1 I ratio
Double erosion and sedimentation control measures (double 36" silt fence) and
one row of heavy duty construction fencing, acceptable to Civil Inspections, shall
be installed prior to any land disturbance Said controls shall lay a maximum of
15 feet outboard of improvement
Structural improvement home, driveway, pool, deck shed, etc shall extend n
further than 3' into the 100' buffer
All area seaward of the 0' landward portion of the buffer and those areas within
the landward o' portion of the buffer not devoted to structural improvements and
limits of construction, shall be left in a natural state, inclusive of the forest floor
(leaf litter) left intact Said condition shall be so noted on the site plan
Planning Commission Agenda
January 8, 2003
ANDREW MUNCH (FOUR PINES ASSOCIATES) f # 16
Page 5
All stormwater runoff from proposed impervious cover shall be conveyed to
structural stormwater management facilities
As offered by the applicant, payment into the Lynnhaven Oyster Heritage
Program: for 2 of proposed impervious cover within the buffer, shall be made
prior to or concurrent with approval of the site plan The formula for payment is
25% of impervious cover divided by 27 = cubic yards tires 1 (number of
bushels per cubic yard) times $1 65 (price of oyster shells installed)
A revised site plan shall be submitted to the Department of Planning,
Development Services Center for review and approval prior to the issuance of a
building permit
9 Any further development of the residual parcel will require submission of a
comprehensive play which addresses all development components such as
rights -of -way, lot configuration, stormwater management and buffer restoration
Said plan will include both Resource Management Areas (RIVIA) and Resource
Protection Areas (RPA)
Subdivision variances have been granted previously, on four separate parcels, to
provide for residential development on this firmly owned property The proposed lots
are part of the Addington family farm, which was divided by deed into large parcels
The current request would permit the applicant to create this lot, the building area of
which was permitted by the Chesapeake Bay Board in October 2002 The applicant now
needs to legally record this lot prior to anticipated changes in the rules for the
Chesapeake Bay Preservation Act Those rules may have the result of making the
creation of this lot impossible Unless this lot is recorded prior to the rule changes, the
applicant's rights to development as granted by the Chesapeake Bay Board may be
eliminated The constraint presented by the Chesapeake Bay Preservation Area and
presented by the potential modifications to the Chesapeake Bay Preservation Act
regulations have resulted in this applicant's hardship, necessitating this request for a
subdivision variance
Discussions with the Addington family have revealed that they are adamantly opposed
to the development of northern portions of the farm (those adjacent to v Great Neck
Road) This is net to say that the property owners could not, at some future date, by
right, choose to develop the - o zoned property as permitted by City ordinances At
the request of staff, however, the applicant has submitted a ponpt� plan that
portrays the most likely development scenario for the southern and western portions of
the property, which include the requested parcel Staff felt it important to view how the
requested parcel would fit into an overall plan of development if indeed the property
Planning Commission Agenda
January S, 2003
ANDREW MUNCH (FOUR PINES ASSOCIATES) / # 16
Page 6
owners wish to develop additional parcels on the farm The submitted concept plan
depicts access on Woodside Lane, where the parcel possesses Soo feet of road
frontage Since the northern portion of the farm would not be developed, access for the
single-family dwellings shorn on the conceptual plan could be done by right utilizing
Woodside Lane, as Woodside Lane is the only public right-of-way that offers an access
point that would meet City Code requirements Any encroachment into the Resource
Protection Area however, would require review by the Chesapeake a Bay Preservation
Area Board
An orderly development plan will hopefully alleviate the need for future subdivision
requests for individual lots as well as provide City water and sewer to this parcel as
required by the Department of Public Utilities While the CBPA Board did allow for a
septic system, Public Utilities does not feel that connecting this lot to City water and
sewer is beyond normal requirements and will thus require that connection Should this
variance for this lot be approved and plans for a dwelling on the lot be submitted,
calculations will be required from the applicant to determine where the water and sewer
connection should be made (Woodside Lase or West Great Neck Road) This issue
will be reviewed in more detail during the finsl site plan review for the home
Based on the hardship associated with this panel due to the Chesapeake Bay
'reservation Area and on the submission of a conceptual plan that shows how this
parcel would integrate with a larger plan of development for this property, Staff finds that
"authorization of the variance will not be of substantial detriment to adjacent property,
and the character of the neighborhood will not be adversely affected " This request for a
subdivision variance is, therefore, recommended for approval
NOTE [Upon granting of a subdivision variance., a final subdivision
plat must be submitted to the Development Services Center
for approval and recordation
Further conditions may a required during the
administration of aioplicable Citv ordinances
Planning Commission Agenda
January 8, 2003
ANDREW MUNCH (FOUR PINES ASSOCIATES) ! # 16
Page 7
%,ALA J
w
Pei
z all
I
VRCIE
qr
w
D
tt CO COa
0
4r.
sets
ge
��
�'
M
-�
aga
�m
ZICL
I=
.0
ta 0
V3 Ga
J0
Planning Commission Agenda
January 8, 23 "
ANDREW MUNCH(FOUR PINES ASSOCIATES) 1 `
Page
0
M
c
411%%
1% -"%N
C106,
CL
c
lu
IL
I$,
Planning Commission Agenda
January 8, 2003
ANDREW MUNCH (FOUR PINES ASSOCIATES) / # 16
Page 9
y t dOlt
JX
t
* � i
IL
PL
jr
aC'.4� � •�� � "�P� � � ; � �.• IT�.A
JL
jc
1p
*Yek. +i, * *y;�• '*,x °' -
•� x tom, x M1 . #' M1 ;t : w ""° ..-•^a` # �, All y i
qr
lie
#,# *� to _,„, '�• .f #
5 r �i K" , r 4 F , f-
r F f. " d{ f� aF •�Yi}y M1 �. ,. • i '++F o r r }� r i ,.
k_j
.o too
..• It i 0 4r Y*S
Al
4r #
dd
ko
{
{
# 16 R ;,
a
■ u ^� 'r a •'Aork•v
Ale W-
Niammng commission Agenaa
January 8, 2003
4NDREW MUNCH (FOUR PINES ASSOCIATES) / # 16
Pane 10
DISCLOSURE STATEMENT
Big I
Applicant's Name _ ` o.Ar V,% r e S Sfo C t s C.. L C,
Last All Current
Property Owners
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPQRATIO N list all officers of the Corporation below
(Attach list if necessary) S�V. I kyt-
If the property owner is a PARTNERSHIP, FIRM or other UNINCORPORATED
ORGANIZATION, list all members or partners in the organization below (Affach list
if necessary) N
11 Check here if the property owner is NOT a corporation, partnership, firm or other
unincorporated organization
hf the applicant is not the current owner r of the prcperW, complete the Applicant Disclosure
section below
APPLICANT 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 all members or partners :n the organization below (Attach list
if necessary}
0 Check mere if the propel owner is N OT a corporation, partner hip, firm, or other
unincorporated organization
CERTiFICAI'lON !certify that the information contained herein is true
an accurate
re, r\ G LA k/,
Signat re , �; Pant Name
Subdivision Variance Application
Page 9 of 1
Modified 10 16 2002
Planning Commission Agenda
January 8, 2003
ANDREW MUNCH (FOUR PINES ASSOCIATES) / # 16
Page 11
W
Comm)
Fcu.�' Pines ��s56c�af��, LLC
Mares' DeV an
Partners Kemp P Hill, Custod�an
for IN Harnson H1
Nam) Kmght
ELzabeth D Addmgton
W Mum F Addjmgton, Jr
Eric S Addington
obcrt C Adchngton
Ame B Addtagwa
I C Addington III
w 1vf Pao III
LestLeshe H Pia
Ken3p P Trui
Joan= Bartlett
Hugh T Addington
Memck Murray
Jane Turcll
abcth . Toh
Hel= Whittemore
Kemp P HAi' t; t d
f6r Nlatthcv K- Hffl
for Edward Hffl
Kemp P Hill, Custodian
for Vtrgin= Hx�]
Joseph C Addmgtan, Jr
Helen Addmgcan Pnsaaa
i+dargazct '�. TwohLy
em Nfichaels
Frcdcnck Xapohtano
Planning Commission Agenda �# �
January
ANDREW MUNCH (FOUR PENES ASSOCIATES) # 1
Page 12
Andrew J Munch (Four Pines Associates)
Appeal to Decisions of Adriumstrative Officers in regard
to certain elements of the Subdivision Ordinance
West side of West Great Neck Road approximately 350
feet south of Woodside Lane
District
Lynnhaven
January 8 2003
REGULAR
Robert Miller The next item is Item #l6, Andrew J Munch (Four Pines Associates)
Eddie Bourdon Pardon for the delay For the record, Eddie Bourdon, a Virginia Beach
attorney and I eve been privileged rn representing Andrew and Beth Munch on this
application It s actually Four Pines Associates It's the name of the entity that the
family owF ed Damly Farm pretty much known as the Addington Farm on North Great
Neck Road in the Great Neck Point area The farm s 40 plus acres is essentially simply
un eielop d still as being used for agriculture operation when I think it s the last one
on the Great Neck Peninsula or Great Deck area of the City I know that everyone has
seen Beth Munch s sister, her application for � ari ance that came before this body and w as
recomm ended by staff and this body and is a , altino this one before re It goes to C It r
Council I had the prr ilegc o f representing the appl. lcant before Chesapeake Bay Board
and I hope all of you understand that this is really an odd situation and I 11 try not to
confuse but it can be confusing The fanulv members are in a positron where they want
to create the opportunity to build a home for the family members owners and that is what
we have here And they re being forced because of the Bay Act and the corrunor change
of the Baer Act as of March 1 The potential exists that it may come to pass that was is
currently a 100 foot buffer for Chesapeake Bay Pre ser ation Bay Area will become hard
and fast and can t be penetrated according to the folks up in Richmond They re going to
nuke that a mandatory Here in Virginia Beach we have created a loo-foot buffer that is
far greater in scope than anywhere else in the Commonwealth because we don't measure
from water marsh or wetlandt, like everybody else and like Sea CBLAD requires We
measure from the top of the sic percent slope And this farm and like a lot of other
properties In the northern part of the City when you measure 100 feet from water marsh
or wetlands you get one spot but if you got a big slope that s in an area before you get to
the slope you wind up losing a whole lot of developable land In this case we went to the
Bay Board and dot a variance for this house and it s in the 100-foot buffer from the top of
slope but it s way over l o-feet from grater, marsh or wetlands If I recall it s over 150
feet from crater marsh or wetlands So if Virorinia Beach leaves its buffers the war they
are which may or may not happen and they become part of the rest a lot of land gets
taken No compensation for people who may w lnd up in litigation at some point But
the family s not interested in litigation W hat they re trying to do is preserve, as they
already have for some fanuly members the opportunity to build a house, on a lot than 1s
not out in the middle of a. farm field It s in an appropriate ate location It s done in an
environmentally sensitive manner and it has been recommended for approval and has
Item # 16
Andrew J Munch {Four Pines Associates}
Page 2
been approved by the Bay Board But they don't want to !zo in and cut a bunch of City
streets and pay for those City streets kkhich would require having to sell off lots which i
not their intent They haven't sold off lots to the public Haven t put lots on the market
and don t intend to So that s what creates this dilemma They need a variance in order
to create this lot to be preserved in the ability to build on this lot They have existing
farm roads on the property that have served the property and will continuet serve it a
it s only for family members at this point So that's the genesis ofit To not grant the
variance would put them in a position where they have to aetuall build roads They
would actually have to plot additional lots sell lots which isn t their intent The Bay
Board has been told and the f nuly understands and the fanuly agrees that they won't b
seeking any additional variances from the Bay Board nor from this body unless they do
decide to come in with a plan ofdeveloping the property They have been asked by the
staff and have presented a potential plan that would show hoer this portion ofthe property
would be developed if they were forced to or 1f in the future It happens which they can
do it by right They just may have to spare off the top of bank If that was to happen,
then they could build a road and that road would serve these lots And that s the purpose
for shoring how it could develop and may develop in the future by right with these lots
having road access But today and at this point it s not their desire to do that So it s a
very unique situation It s a situation that is being in large measure forced to a head
because ofthe issues with the Chesapeake Bay Ordinance and what s com-ing down from
Richmond and uncertainty as to ix here that buffer line will ultimately will be once it
becomes non -penetrable for a variance And, 111 be glad to try and explain that better I
know it prett but Y don t want to bore you with something that is not really related It i
related but not directly So that's where we are The conditions that staff has
recommended are completely acceptable as are and were all the ones that were imposed
b the Chesapeake Bav Board I do understand that there is some opposition from the
community who some folks who don t want this property to be able to utilize Woodside
Lane which is an approved right-of-way that this property has significant frontage n
The reality of it is there will be are easement coming into these lots from Woodside Lane
which the easement is on our property that will be a point of access for these lots The
other reality is the road goes right on around to Addington Lane and out to west Great
Neck load So the practicality is the homes, when they are built on these lots the
family members may very well l use Addington Dane and West Great NeckRoad It
closer It s shorter And that's probably what they will do in terms of getting out to the
main road But in terms of building a road it's cheaper and shorter to come in from
Woodside Lane That is not their intention to build a road but if they were forced to
build a road that s where the road would cone in from but that is not what they intend to
do That s not what they want to That is what this variance will cdlow there to avoid at
this stage is building ci road And, it is a unique situation It s not a situation where the
family as you're heard and seen and you lve heard me reiterate once they develop this
farm It s a beautiful resource a beautiful piece of property and open space area in this
part ofVirginia Beach This is not a rezoning This is not increasing density They have
the right to build a road and plot a lot oflots and build additional housing but that is not
the family s desire The family s desire is just to provide for the opportunity for the
Item ## 1
Andrew J Munch (Four Pines Associates)
Page
fanuly members who are owners of the property to build a home And that 1s what my
client is
Ronald Ripley Any questions of Mr Bourdon` Thank you
Eddie Bourdon .And the coDditions recommended by staff are all acceptable
Ronald Ripley okay ADybodv else to speak in favor of ibeapplication9 You have
people shed up `
Robert Miller in opposition David Hay
David td Hay food afternoon Members bers of the Planning Commission My narne is David
Hay and I'm a local attornev I've had the pleasure of representing Richard and Regina
echter They live at 1966 Woodside Lane And that s approximately down where you
see the 21162 feet Thev live down in that area right there They lived there for nine
years Before I get started let me ask the folks and I'm not sure who they aught be The
folks who are here from Crean Neck Point that's in opposition to this application Please
stand up Okay I represent 1s Cechter, so someone else may cone here and talk i
don't think that they will but they right But
Ronald Ripley We do have someone else signed up
David Hay okay Mr & Mrs Gechter are opposed to the 20 foot access to Woodside
Lane They are opposed It is called FP-4 It s a one point one acre parcel for the
Munch s and also last October the civic league and residents of Great Deck Point we're
opposed to FP-3 Which is a one and a half acre lot to have access to Woodside Lane
Woodside Lane as you re well aware is a very very narrow road that hits Adam Keeling
Road and runs in front of the Episcopal Church down to S Woodside Dane There's
going to be a new subdivision corruncr in to plane fairly soon So basically what you got
is Keeling Wood You ve got Great Neck Point You have a new subdivision that has
just been built and another new subdivision that will be built You've got over 100 lots
and residents that enjoy access by a small country road called Woodside Lane That's the
issue 1n this case we feel like We Mort t feel like it s the Bay Act And I'll get to that in
a nunute The subdivision ordinance has to be abided by because it's to prevent flag lots
from taking plane And, that s What thas is a flag lot that runs probably about 1000 feet
of 0-foot road instead of going to West Great Neck Road w1uch used to be the primary
access across the bndge from Shore Drive to the Great Neck Road area Instead of
having access off West Great Deck Road where there is a light to the new Great Neck
Road they want to have access off a little lane called Woodside Lane And they re going
to cross Four Pines Associates property and they"re also gAddington oing to cross the
Enterprises property Addington Enterprises owns 20-acres of property It borders on
Woodside Lane The 20-toot road with utilities that they put in is also going to grant
everybody that owns property on the 40 acres that Four Pines owns access to Woodside
Lane also My clients feet that the best access and vour Planning staff said back in
Item # 16
Andrew J Munch (Four Pines Associates)
Pale 4
October 9 when you talked about FP-, the best access for anything on the Addington
Farm is West Great Neer Road Now there were fire tests made on the subdivision
variance one is you got to have and before you get into that City Council s got to find
special conditions and such that would create a very unnecessar� hardship hardshThe first
thing is beep in a nd that Four Pines Associates which is the applicant They can call it
the hunch application all they want but Four Pines Associates owns the 0-acre property
that s going to be subdivided Four Pines Associates 40 acres they own all the property
from this proposed subdivided lot to west Great Neck Road Their also own access to the
20-boot easement called Addington Road that you saw on the other map that runs into
Four Pines Associates 40 acres of property There 1 acres of property not 40 acres of
property of Addington property out there Mr Addington passed away It got split up
into three parcels And you got one parcel about 30 acres to the youth Then In the
nuddle you have the Four Pines Associates and directly to the north you got the
Enterprises property if you look on the map on page 8 Now undo hardship9 Is that
because of the Bay Act or because they reed access to the subdivided piece of property?
It s because they have to have access And they re supposed to have a certain amount of
frontage There isn't suppose to be hodge-podge subdivision variances granted even if
you got 90 acres of property 40 acres of property or 'o acres of property to grant for one
and one hat f acre parcel sites That s not the mason for the subdY1 l s ion ordinance And
also you shouldn t have a roadway if you re c 1nor to Place It r1crht in front of the All
Saints Episcopal Church They have o members They ve got approximately 65
students that go to fare -school at the All Saints Episcopal Church and the folks that live on
Woodside Lane as well as S Woodside sane they have this country road access They
have this pristine existence that they have basicallv sort ofliving out of the City within
the City in the country because they're cut off from Great Neck Road unless Chelsea and
some of the other subdivisions that you see on Great Neck Road They re cut off from it
You got Adam feeling Lane goes to Woodside Lane r ou ve got pretty much an area
that s cut off What the Addington heirs, who apparently came to agree to this stuff what
they want is for my clients and all the residents of Great Neer Point including Keeling
Wood Holly Point which is the new subdivision what vas developed and Estates on the
Lvnnhaven that total almost 100 lots and parcels and residents to endure the safety
hazards noise traffic congestion construction New utility lines are going to be put in to
Woodside Lane right In front of the church about a few 10o feet from Adam Keeling
Road intersection And we just don't feel like that s a good place The second thing and
it s not supposed to he a detriment to the adjacent property Well doing this is a
detriment to the adjacent church It s a detriment to all the folks that live in Great Neck
Point that have their primary access on Woodside Lane The other is you have six
subdivision variances not four as your Planning staff said but six You have six
subdivision variances that have taken place since 1981 1 just gave Mr Bourdon and I ve
also given Carolyn a copy of the plat that was put to record in 1982 that references a 1981
subdivision N ariance that took place In 1981 And then since that time you ve got list
bar your Planning staff` of 1 1990 1 � and 1 and also 1 van nce that were
granted to fire other parcels besides the six parcel that was granted in 1981 So you
have this situation where you are granting and have Granted and the City has granted
subdivision variances in flag lots for the Addington Estate So what you ve got is you
Item # 1
Andrew J Munch (Four Pines Associates)
Page 5
got a situation where they ix ant you to allow a -foot lane instead of a -foot roadway
My clients don t have a problem with that as long as you make it go to Vest Great Neck
Road It tapes It out of them- problem area of having to deal % ith the congestion and all
the other headaches ofhaving to deal with We coon t like the fact that Addington f nuly
basically is saying to my client and also the rest of the residents of Cream Heck Point that
Iive on Woodside Lane that they don't want to their backyard front yard or side yard a
roadway a public access road They don't want access to their lane which is Addington
Road, which is a 0-foot wide lane and they don t want access via west Great Neck
Road They want 1t on Woodside Lane which is just a convoluted situation of having it
ao across to areas to one 40 acre Panel one 220 acre parcel all the way out to the side It
just doesn't make much sense The Bav Act9 The Bay Act has been in effect since 1991
The problem with the Bay Act as Mr Bourdon has pointed out is the interpretation of the
Bay Act by our local Chesapeake Bay Preservation Board as to where that should ao but
that doesn t really matter These folks whether thev have the Bay Act or not stir have to
have access And the question s whether or not that access should be on Woodside Lane
or west Great Neck Road It s obvious when you dnve up to that area as I did last
weekend that west Great Deck Road is where the access has always been for the
Addington Farm and certainly when they got almost a 1000 feet of access off' west Great
Fleck Road the access should be off west Great Neck Not where they've got a tew 100
feet of access across Addington Bnterpnses, another entity Across there, they got a fever
100 feet on Woodside Lame which is a country road At the time of the application
Donald Rlplev Mr Hay we re running out of time
David Hay okay At the time the application subdliion ordinance has remained the
same It was the same In 1981 as it is now The bottom line is that if you look at page
you 11 see what I'm talking about It shows the scheme f development If you look at
page 5 1t shows the five tests that have to be met If you look at page 9, you'll see the
scheme of development that shows this plat right here, and we feel like the evidence that
you ve see so far as well as your Planninor staff has done it just fails to support the three
to #lie tests And also we don t think you should continue to cyrant meal piece van ances
to resolve to what we feel like is the Addington fanul r s squabbles or problems with
de-velopment when they can simply put a 20 foot lame that goes to west Deck Road I'm
going to hand this out if I can Introduce it into evidence and I ve hlgWi ht d on there
the v are ante
Ronald Ripley Thank you very much
David Hay I'll answer any questions
Ronald Ripley Any questions of Nlr Hay9 Tharik you
Robert Miller In opposition we also have Alton rbe?
Item #16
Andrew J Munch (Four Pines Associates)
PacTe
Alton Zerbe Good afternoon My name is Alton Zerl e And I did not realize that
someone else was going to speak in opposition to this so I really don't have to say to
much more because I agree with ,� erything he said
Ronald Ripley That helps
Alton Zerbe The only thing of a personal nature is I own a house at 2904 Adam Keeling
Road which looks directly down Woodside Lane And Woodside Lane is a beautiful
road It s a narrow road but it is a real beautiful one There's an awil lot ofiraf fie
congested and construction trucks going up and down So if we don't have to have that I
would not like to have it And that is why I am in opposition
Ronald Ripley Thank vu very much Any questions`? Thank you
Robert Miller That s all the speakers we have sir
Ronald Ripley Okav Mr Bourdon would you like to readdress u`?
Eddie Bourdon Oh yes, I would fir Hay keeps referring to this country lane with 100
lots with million dollar houses on them And Don our family grew up in the country and
I thinly you re still in the country and I don't think it qualifies as the country lane by any
definition of a country lane It is a road It clearly is in the area of the city where like a
lot of the other developed areas in the northern part ofthe City, some of the roadways are
not 50 foot wide with 30 feet of pavement The reality ofit is that the property is lour
parcels with family ownership All the ownership is not the wine The idea of addition
f one in this case, two more lots which actually does bring the total number of lots for
hich there are variances on the property that I m aware of to six That one lot of these
two lots having access to Woodside Lane is going to somehow be the straw that breaks
the camel back It s bind oflaughable What is most ironic about it is that reality of a
denial of the variance because the family does not wish to develop the property at this
point is that it would force that to occur and that occurring and because these are four
separate parcels the development will come in from Woodside Lane because it can t g
out to North Great Neck the other parcel the northern parcel of the farm that they do not
lvk ant to develop The owners that do not want to develop, which they are the same
family members but they are not all the Barrie So there is not unif rrmty in terms of
which farruly member owns which of the four parcels And they have the absolute right
to build a road into this property from Woodside Lane which is the only way that it can
be developed not to cay that there upon t be ever in the future some road that comes in off
of west great Deck or Addington Lane But because it is separate same family but
separate rn mber hip and different entities that own the four parcels The irony of this
that the argument against the variance turns It into develop the property build the road,
build more lots and they will Not to say that every lot built on all 90 acres of the farm
wherever developed because main that's not in the cards It would all go out on
Woodside Lane and that s not the case But clearly there will be lots and a road going
onto Woodside Lane to serve some ofthe lots that are created and that is what would
Item #1
Andrew J Munch (Four Pines Associates)
Page
happen in this instance you know plain and simple what we re asking for is to avoid
that situation To have this lot and the one you already approved have access to
Woodside Lane Again, as I have said the likelihood would be that when these homes are
built the family members may very well, use Addington load They have no legal right
but the other fairly members who own the northern piece area t denying them that at this
juncture l don t think that will happen That is where we are It is a very unique
ituatron It is one where we are trving to avoid development and developinor lots all the
way out to Woodside Lane on the Addington Enterprises property that fir Hay referred
to as the purpose the variance and it s just ironic and Mr Hay hadn t taken the tirne to
speak to me that if you sit down and analyze it look at it and the only other thing they re
sayincy is we re trying to say that Woodside Lane is our own private road Even though
you have all this frontacre on your parcels and you can't use 1t That s an absurd
argument as well What's the bottom line of their argument we're taring to and staff
agrees is to reasonable approach to try and preserve as much of this land as it currently is
and not get into a development scenario that the fairly sloes not desire of doing It s
presery ing the famil) s right to have what will be I think the six or seven bowies on or
about 90 acres of land
Ronald Ripley Any questions of Mr Bourdon` Yes9
Robert Miller Eddie obviously there's a by nght ability and that s what your eluding to
that they can actually o in and develop the property nt now The access as you said
because of ownership issues apparently would come off of Woodside Lane Them s no
other thought process or play in this I don t know that you thought of getting out as a
subtle threat I rn just taring to clanfy that you all didn't want to provide us with a
development plan but you did provide one at staffs insisting
Eddie Bourdon Correct
Robert Miller when we look at that it shows the traffic c nung, In and out ofWoodside
Lane
Eddie Bourdon These lots and that section of the property that is that area It s not the
development plan for the entirety of the farm its just for that section
Robert Miller Right There are no other- C PA perrruts for anything else that would
have to be gotten in order to develop those properties?
Eddie Bourdon well per that particular plan Borne of the lots would need CBPA
variances as they ve shown but again the road can be shifted 20 feet and then all those
houses wouldn t be in there but again that opportunity is not being sought That s the
reality That is a way the property could be developed theoretically Because staff asked
for hire to do that and that happened before with Nancy s plan them was a plan
developed for that too It was a different plan They re being done because people are
asking them to do it not because they want to do it
Item #16
Andrew J Bunch (Four Pines Associates)
Page 8
Robert Miller Well I think that s the issue is that obviously if they wanted to develop
the property they could And there must be something driving the fact that their don t
want to as you have said and grant to go through this process of the variance in order to
be able not to develop the property It seems a little and f said so this morning a little
strange are a little ironic And completely rep ersd In any process we usually see But
1t does seem like it s pretty obvious
Eddie Bourdon And it is truly being driven by the fact that these two family members
who want to be able to build homes there and frankly, aren t contending to d 1t right
away Understand that the potential exists if that 100 foot buffer and you can t penetrate
it and it's measured from top of bank they wind up having to build their house out in the
field farm rather than in the most appropriate location That is what is truly driving the
train
Robert Miller And you have not met with Mr May's clients obviously and apparently
not anyway They didn't discuss anything with them It s difficult I think from a point of
view because this wouldn t even be In our forum By right you can oro ahead and do this
through a subdivision process and e would never see this It would never ever be heard
Eddie Bourdon Correct And the folks who are complaining the road would simply be
built
Robert Biller I understand
Eddie Bourdon I mean that s the irony of the whole situation We dot a lot of heat and
lot of noise being generated when the reality is you just simply go in and build the road
off of Woodside Dane like the other subdivisions that Mr Hay referenced with 100 lots
that are there by right We re actually trying to mninu a that not put 10 12 and 1
more lots on to Woodside Lane we're just simply trying to get approval for these two
which will bring in utilities from that direction and that's where there will be an easement
but the reality is, at least for the time being they may very well drive in and out using the
same easement on an existing farm road that circles through from Woodside Lane to
Addington Dane
Robert Miller The utilities since you brought that up ghat size utilities are we talking
about` you know
Eddie Bourdon No I do not know the answer At this point they re just going to serve
just those two lots
Robert Miller I have a question Mr Scott obviously the Council held up the other lot
until this one could catch up with it Apparently that is what has happened
Stephen White The applicant for the other lot requested a deferral until this one caught
up to it
Item #16
Andrew J Munch (Four Pines Associates)
Page
Robert rt Miller okay
Ronald Ripley okay Any other questions of Mr Bourdon" okay we're open for this
for discussion
Robe Mil Ier I sad the sime than r I just said I this morning we discussed the fact and
Eddie lust said it that literally the Bav Act is only dnvincr this to a point they have perrruts
to he able to build on the property by virtue of the Bay Act variances without establishing
these lots The purpose of the lots is to contain an area for the specific owner that is the
applicant in this case So at least that is my interpretation of it That if the Bay Act
could have been granted on a larger parcel without having to subdivide into the lot but it
would not have been into the lot of this particular owner Is that again the lamer parcel
is in multiple ownerships`'
Eddie Bourdon This particular lot actually
Robert Miller Crosses two of them
Eddie Bourdon Crosses two of them So this particular if you looked at The answer is
I don't thinly that' s, and I rnay not be following your thought process, completely
accurate The Bay Act issue here is really with being able to create the lot with the
building envelope outside of puttincr it in the field fret staying 150 plus feet from water
marsh or wetlands Depending upon how we react to what Richmond is mandating may
or may not have an impact We strongly believe it will Enforcing these two houses
ours and Nancy s to be pushed out into the field when they don t errant to be out there
screwing up the farm because they want to retain the faun That V, what it really boils
down too And so we couldn't build without a va.nance or without a road regardless, in
other words this variance or a road okay, that we have to have either a road or we have
to have this variance Bay Act or no Bay Act
Robert Miller Okay As I said before, it feels life we're backing into this a little bit but
I understand I think what you lust said and that is them is a connection between the
PA and the lot itself
Eddie Bourdon And if we change the Bay Act to the too -foot thang, we don t know
what the transition rule will be and that s really the issue They wanted to be protected
They ,grow that this is a nice spot for the house that won t affect the agricultural
operation This variance or a road one or the other has to happen in order for these lots
to be developed regardless of the Bay Act issue
Robert Hiller And, our responsibility is land use This property is already zoned and I
think what we re seeing is the situation where several lots are now being developed out
of it where more could be developed because 1t is already zoned It"s lust a question of
the process being usually we would see we wouldn't even see this The entire project
would come forty and through a subdr v ision process unless again, there were variances
Item # 1
Andrew J lunch (Four Pines ssoerate
Page 1
required and it would be approved by staff through a process that the staff would
orchestrate It s well defined for the subdivisions The entrance and exit off of Woodside
Lane f m sorry for the folks that live there that feel like this is, an encroachment into
their lifestyle and traffic and so forth but it s able to be done without coming in front of
us and the only reason why you're here is again we re kind of upside dowry on this that
were actually creating lots without doing the rest of the subdivision right now So the
distract person probably needs to speak to this
Ronald llple Charlie
Charlie Salle I understand the arguments of the opposition that they lust don't really
want to see this traffic but, this is a situation where I m afraid that they're never going to
be In a position to avoid it because even if as a result of this application or if 1t had been
part of this application that the easement that is showing gent to west Great Neck load
since the only ether property there would be no prohibition from just bull hng a private
driN eway and ire icing all the homeowners to use it So, I m afraid this is a situation
probably what the opposition may be tlunking in forcing them to develop 90 acres, the
City aught decide well if you re golncr to develop o acres you have to cone off west
Great Neck Road but that is just not happening at this point in time and it mar nearer
happen So I m not sure that the traffic burden is as much as the opposition says it is but
I m afraid for them there s no wav out of it but these people own enough property to do
what they want too
Ronald Ripley The issues are the same as the last application And, I think the
Conurussion was aware that there was another subdivision coming forward I ve been
trying to listen and trying to find if there s any difference in my thin ung from that last
vote or not and I have yet to be convinced to change I want to support this application
should we have a motion Do we have a motion"
Charlie Salle I d move the application be approved
Ronald Ripley We have a motion by Charlie Salle to approve seconded by Kathy
Katsias Motim to approve Any further discussion`' Comnussion t. ready to Grote
CRABTREE
DIN
ORSLEY
ATSIAS
KNIGHT
MILLER
RIPL Y
SAL'
STRANGE
AYE 10 NAY
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
ABS 0 ABSENT
Item # 1
Andrew 3 Munch (Four Pines Associates)
Page 11
WOOD AYE
Ronald Ripley By a vote of 1 - the motion passes Thank you all very much
Gpin 1468-50-6784
HISTORY
1 Conditional Use Permit (church) Denied 10-23-90
Conditional Use Permit (church Denied 5-8-01
2 Rezoning (R-6 Residential to R-8 Residential) Denied 9-17-84
Rezoning (R-6 Residential to R-8 Residential) Denied 5-9-83
3 Rezoning (R-6 Residential to R-8 Residential) Denied 7-6-81
4 Rezoning (R-6 Residential to A-1 Apartments) Approved 4-11-83
5 Rezoning (R-6 Residential to R-S Residential) Denied 9-17-84
Rezoning (R-6 Residential to R-8 Residential) Denied 5-9-$3
fi 11 %I r `*
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Jack Surr m , Jr and Alan Rice e — Subdivision Variance
MEETING DATE February 11 2003
■ Background
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for Jak Sum , Jr and Alan Rice Property
is located at the Southeast intersection of Prospect Lame and Connie Way and
contains 20,212 square feet more or less (GPIN 1DISTRICT 4 -
A SI E
The purpose of this request is to obtain a Subdivision Variance to Section
4 4(c)(1) of the Subdivision Ordinance that requires all newly created corner lots
to be 70 feet wider than the minimum required by the Zoning Ordinance for
interior lots in the district
0 Considerations
The existing lot is 20,232 square feet in area and is located on the southeast
corner of Prospect Lane and Connie Wary The existing width of the lot is 151
feet Originally, the width of this property was approximately 302 feet when it
also contained the two adjacent lots to the south The applicants subdivided
those two lots in 1991 and 1995
It is the intent of the applicant to subdivide the remaining property into two lots
However, there is not enough lot width to accommodate a standard interior Jot
and a corner lot, which requires 10 feet more than the standard setback
The applicants have attempted to mitigate this problem by applying some of the
interior lot's width to the corner lot thereby requiring a variance on both lots The
result creates slightly more equivalent building envelope widths of 56 15 feet and
3 85 feet rather than 60 feet and 40 feet Although this helps to soften the
problem, it does not justify the requested variance for which no hardship can be
demonstrated
Staff recommends denial There was opposition to this proposal
Suns and Rice
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 subdivided as depicted in the submitted exhibit
entitled "Preliminary Subdivision of Parcel B of Subdivision of property of
Jack 0 Sure ms, Jr & Alan D Rice" prepared by Kellam-Ger rit
Engineering, Inc and dated April 30 2002
o variances to minimum required setbacks shall be permitted
0 Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action Staff recommends denial Planning Commission recommends
approval
Submitting Department/Agency Planning Departmen
City Manager
JACK SUMMS, JR. & ALAN RICE / # 1911
December 119 2002
General Informations
APPLICATION
NUMBER - 11-S R-too
REQUEST Subdivision Variance to Section 4 4(c)(1 ) of the Subdivision
Ordinance that requires all newly created corner lots to be 10 feet
wider than the minimum required by the Zoning Ordinance for
interior lots in the district
ADDRESS Southeast corner of Connie lay and Prospect Lane
GPIN
Map L"
minp N t, .,,IL- _ ck Summs,.Ir- & Alan Rice
JL
005 !
. � Ak
�.. .�
R-7c5 fAe04
r_
zn 1468-30-6784
14040000
Planning Commission Agenda
December 11, 2002
JACK SUIIAMS, JR & ALAN RICE # 19
Page 1
ELECTION
DISTRICT 4 — BAYSIDE
SITE SIZE 0 44 acres
STAFF Ashby Moss
PLANTER
APPLICATION The applicant requested a deferral of this request at the October
HISTORY hearing and again at the November 13 leaning
Major Issues:
Presence of a hardship justifying the variance to the requirements of the
Subdivision Ordinance
Site Plan / Preliminary Plat:
Existing Lot The existing let is 20,232 square feet in area and is located on the
southeast corner of Prospect Lane and Connie Way The existing width of the lot is 151
feet Originally, the width of this property was approximately 302 feet when it also
contained the two adjacent lots to the south The applicants subdivided these two lots
in 1991 and 199
Proposed Lots It is the intent of the applicant to subdivide the property into two lots
However, there is not enough lot width to accommodate a standard interior Not and a
corner lot, which requires an extra 10 fleet of width This requirement has been in place
since at least 194
Etem
13eguged
Lot B2a
Lot M
Lot Area in square feet
71500
91534
109698
Lot Width in feet (standard lot)
75
*71 15
NIA
Lot Width in feet (corner lot)
85
N/A
*80 00 4
*variance required
Planning commission Agenda
December 11, 2002
Page
i
Land Use, Zoning, and
Site Characteristics
Existing Land Use and Zon�r _
The subject site is partially Wooded
contains no structures, and is zoned R-
Residential District
Surrounding Land Use and Zone
North 0 Across Prospect Lane single family houses R-
Residential District
South 0 Two more vacant lots and then single family
houses R-7 5 Residential District
East 0 Long, narrow vacant properties fronting Prospect
Lane R-7 5 Residential District
West 0 One single family home fronting Connie Way,
several other properties are through -lots from
Lawrence Drive to Connie Way, most have
houses facing Lawrence Drive R-7 5 Residential
District
Zoning Hist�ory
Newsome Farms Was a Target [neighborhood in Which funds from the United States
Department of Housing and Urban Development HUD Were ingested to improve
streets, drains, lights, Water and sewer, and housing rehabilitation in the mid to late
1 Oo's Connie Way was one of the streets created during this time
The property at the end of Connie Lane, south of the subject site Was denied for
church in 1990 and again in May of 2001 The properties north of the subject site on
Prospect Court and east of the subject site on Eustis Court were requested to be up -
zoned from R-6 Residential to a denser R-0 Residential in 19and 19Each
request was denied Other properties northeast of the subject site Were approved for
denser residential categories In 1981, the property on Maxwood Court was changed
from R-6 Residential to Rib Residential (now called R-D Residential) and in 1983, the
property on Bound Brook Court Was changed from R-6 Residential to A-1 Apartment
(now called -12 Apartment)
Planning Commission Agenda
December 11, 2002
.JACK SUMMS, JR & ALANRICE # 1
Page 3
Several requests for subdivision variances have been heard in the Newsome Farms
neighborhood Half of these requests have been denied due to a lack of a clear
hardship and the potential for similar requests within the area The variances that were
approved demonstrated a clear hardship or were very unique situations All of the
subdivision variance requests in the Newsome Farms neighborhood are listed below
Variance #
Description of Request
City council Action
1
Lot width — utility easement cannot count
toward lot width
Granted 5-24-9
Lot width — two lots at end of cul-de-sac,
2
slight extension of cul-de-sac could have
eliminated need for variance
Granted 1-11-94
3
Lot width — two lots
Denied 9 2 - o
4
Frontage on a public street - one lot
Denied 7-11-88
Lot width variance of two feet for one
5
corner lot, presence of excess right-of-way
offset p blem
Granted 10-5-87
6
Let width for two lots ~`- one corner lot and
I
one flag lot
Denied 8-3-87
Frontage on public street - temporary,
7
subsequent road dedication brought into
compliance
Granted 4-20-8
8
Lot width — one flag lot
Denied 9-29-8
9
Lot width — two flag lots
Denied 6-2-86
1 o
Lot width — two flag lots
Denied 11-18-85
Lot width — one flag lot, same property as
11
variance #1 o and #12 Unusually deep lot
l� fewer Applicant carve back with ew lots and
smaller variance request
Granted 10-10-83
12
Lot width — two flag lots
Denied 4-11-83
1
Lot width - two lots, unusually deep
Granted 11 -9-1
14
Right-of-way improvements
Granted 9-9-7
Air Installation Compatible Use Zone (AICUZ
The site is in an AICUZ area of less than 65d6 Ldn surrounding NAS Oceana
Natural Resource and Physical Characteristics
The property is partially wooded with mature trees on the southern end and contains no
structures
Planning Commission Agenda
December 1 1, 2002
JACK SUMMS, JR & ALAN RICE 1
Pepe
Public Facilities and Services
Water and Sewer
Water There is are eight -inch wafter main in Prospect Lane fronting the
north side of the property and a sic -inch water main in Connie Way
fronting the west side of the property The subdivision must
connect to City water
Sewer There is an 1-inch sanitary sewer main in Prospect Lane fronting
the north side of the property The subdivision rust connect to
City sewer
When Connie way was constructed in the fate-1 o}s, water and sewer taps
were put in place along the road where Public Utilities anticipated additional
lots would be created However, this was done without the benefit of a
detailed subdivision review, and the number of permissible lots was
estimated The subject parcel, which originally included the two adjacent lots
to the south, was provided with four sets of water and sewer taps
Comprehensive Plan
The Comprehensive Plan map designates thrs area for low -density single-family
residential land use at or below 3 5 dwelling units per acre
Evaluation of Request
Section 9 3 of the Subdivision Ordinance states
o variance shall be authorized by the Council unless it finds that
Strict application of the ordinance would produce undue hardship
The authorization of the variance will not be of substantial detriment to
adjacent property, and the character of the neighborhood will not be
adversely affected
C The problem involved is not of so general or recurring a nature as to make
reasonably practicable the formulation of general regulations to be
Planning Commission Agenda
December 11 2002
JACK SUMMS, JR & ALAN RICE # 19
Page
adopted as an amendment to the ordinance
D The hardship is created by the physical character of the property,
including dimensions and topography, or by other extraordinary situation
or condition of such property, or by the use or development of property
immediately adjacent thereto Personal or self-inflicted hardship shall not
be considered as grounds for the issuance of a variance
E The hardship is created by the requirements of the zoning district in which
the property is located at the time the variance is authorized whenever
such variance pertains to provisions of the Zoning ordinance incorporated
by reference in this ordinance
The applicants' request for a subdivision variance is not acceptable While several
subdivision variances have been requested in the Newsome Farms neighborhood,. there
has been a general reluctance by the City Council to grant these variances This
neighborhood has been developed in a piecemeal ,.Wanner, resulting in a number of
parcels that are poorly situated to maximize their development potential Unfortunately,
this has resulted in an inefficient use of the land However, this does not constitute a
hardship that would justify a variance
There are a number of parcels similar to the applicants' where the existing lot width is
shy of an extra lot In this case, the applicants purchased the vaginal lot with the
expectation that it could be subdivided into four lots According to the app)l ants, they
were unaware of the longtime requirement that corner lots have an extra ten feet of Not
width The reason behind this requirement is that corner lots have larger setback
requirements on one side If the extra lot width were not required, the building envelope
would be ten feet smaller than those on interior lots, resulting in an unusually narrow
house
The applicants have attempted to mitigate this problem by applying some of the interior
lot's width to the corner lot, thereby requiring a variance on both lots The result creates
slightly more equivalent building envelope widths of 56 15 feet and 43 85 feet rather
than 60 feet and 40 feet Although this helps to soften the problem, it does not justify
the requested variance for which no hardship can be demonstrated Therefore, this
application is not recommended for approval If, however, the variance is approved, the
following conditions are recommended
Conditions
1 The property shall be subdivided as depicted in the submitted exhibit entitled,
"Preliminary Subdivision of Parcel B of Subdivision of property of slack
Planning Commission Agenda
December 11 5 2002
JACK sUMMS, JR & ALAS# RICE I # t
Page
Summs, Jr & Alain D Fie„ prepared by Kellam-Gerwit Engineering, Inc and
dated April 3, 22
2 No variances to minimum required setbacks shall be permitted
NOTE Upon granting of a subdivision variance, a final subdivision
plat must be su6mri#ed to the Development Services Center
for approval and recordation
Further conditions may be required during the
administration of avolicable Qtv Ordinances
Planning Commission n Agenda
December 11, 2002
JACK SU111 S, JR & ALAI DICE # 1
Page
L4 d 'FFt '8'!1
Planning Commission Agenda
December 11, 2002
JACK SUMMS, JR & ALAN RICE I # 1
Page
1lN
r1PPLICtLTION PAGE -J Ur -4
aUBDIVISION VARIANCE
CITY OF VIItGiN7A BEACH
L_
DISCLOSURE STATEMENT
Applicants Name
Lut All Current
Property Owners
PROPERTY OWNERDisCLOSURE
If the properry owner is a CORPORATION list all officers of the Corporation bc-lo rx ( reach l i if necessan i
If the propert owns-r ), a PARTNER BIP FERM or other UNMORPORATED ORGANIZATION list
all rncmbm or partners in the orgaarzamn below (Arrach [at tf necessary)
Check hem if the prop= y owner is NOT a cozporanan pa.€tnershjp firm or other unincorporated
argaason
11he apphcam u not the can -ear owner of theproperty complete the Appiwarif Disclorure section Mai%
APPLicA T DI L SI3RE
If the applica a is -a CORPORATION list all officers of thy, Corporation below (Aff rch list if net essai-% )
If the applicant is a PARTNERSHIP FIRM or other UNTNE RPOR TED ORGANUATION Iist all
members or pawners to the orgarimsuon below (Attach list rf necessary)
� here if the aPpl=nt is NOT a corpormion paruitrship firm or other u n j n co rporate d orizanizaaon
RI I CA11I certify that the wfomanon conimned h r en is true and ac ra(e
Signature
Print Name
Planning Commission Agenda
December 119 2002
JACK SUMMS, JR & ALA ! RICE I # 1
Page 1
�o
L
Jack Summs Jr and Alan Rice
Appeal to Decisions of Administrative Officers
Southeast intersection of Prospect Lane and Connie way
District 4
Bayside
December 12 2002
REGULAR AGENDA
Ronald Ripley Okay That concludes the first two parts of our agenda and now we will
start with the regular agenda items to be heard And %� e r going to break order just
little bit here At the request that we move Item #19 to he heard first from one of the
witnesses had requested it a reason for it as far as disability, if you will So we are
going to move Item 1 t the first item So Mr Secretary do u d`?
Robert Miller Item #19 Jack Summs, Ji and Alan Rice
Jack Summs Hello Con n.issioners my name is Jack Sumnas I m a resident of Virginia
Beach I bought some land that is on your agenda today it borders 135 feet on the
Lynnbrook subdivision and 150 feet in the Newsome Farms subdivision I ani asking
you to grant a subdivision variance for this parcel Each lot far exceeds the lot area of
R-7 5 zoning In the past there have been at number of variances and reonings granted
in this area The last one as granted in the summer 1.001 At the time I purchased the
property which was in the late 1980s I was under the impression the property could be
subdiN ided Because at the time the parcel ix as part of the Federal Capital Improvement
Project for that area and at the time the infrastructure was put in two sets of sewer and
water taps on this property Everything v&as installed and I do have a copy of the as-
bullts that was drawn up by Basoler1 and Associates that shovers that the infrastructure is
1n place in the two lots And that was my impression at the time that I purchased the
property I feel in my own wary I do have a hardship because at the time since it was a
federally funded project and this infrastructure was put in I feel that sornebodv had some
plans at the time to have two single famly residences at this site In k iew of the past
improvements, it s not necessary to open up a street to bring in any infrastructure I feel
this area needs quality construction I feel it s been left out in the past and I know in the
past the City has clone some quality urban renewal but I feel at this point new
construction and quality construction based on rn past and my famaly s past that we will
bring some definite improvements to that area And in the future I did want to say that
it's a very grand idea the City have a plan possible plans of acquiring the Williams' farm
for recreational use and I feel what I have planned in the future the City s plan this are
could excel Thank your
Ronald R-ipley Thank you MrSun-Lms Does an b d have any questions of Mr
urnms chat size houses" What type of house are you planning to build there'
Jack Summs Brick st.ruaures Their are going to range in the nelahborhood of 200-
square feet of 11�ina area Which tarexceedc, most of the area of Newsome Farms
Item #19
Jack Summs, Jr and Alan Rice
Pane
That would get the capabilities of a person if they would like to have a pool or l rcr
backyard it would definitely wive them that amenity that could be adapted by future
homeowners in that area also
Ronald Ripley Mr Miller has a question
Robert Miller You said that the water and sewer was installed and that you do have
some as-bullts to show that for these as if they were two lots but his was actually one
piece of land Where were not two lots here`s
Jack Summs Yeserr I coo have those and I have talked to Public Utilities in the past
We have met there on site I do have a copy of the as built
Robert Miller well, I understood that you also had purchased additional land that was
part of this parcel perhaps and you subdivided that is that correct`?
Jack Summs Yes sir And what transpired is the property was purchased in the late 80s
Robert Miller one piece as one place`
Jack Surr-s Actually two parcels
Robert M ler okay
Jack Summs And at the time the building industry was in kind of a rut at the time the
late 80s So my partner and I we put it aside and then the moratorium came into affect in
the early cos So this kind of kept on berg pushed to the side by the two of ils
Considering the outlook the economy and everything we felt it was time to put it on
board Beginning when the parcel was purchased it was two parcels one parcel had
already teen subdivided and has its water and sever tap Then we resubdivided the other
Parcel because I couldn't obtain a 10 000 square foot lot which would meet the balance
f the first one But on that one parcel of land I have the onginal parcel of land I have
three water and sewer taps And the ogler parcel which xs approximately 75 x 100 and
has been appro,% ed has its own parcel So all tocrether when this project started and when
it was funded by the Federal ove rnent there were four Nvater and sewer taps on this
property Like I said the infrastructure was put in place and that s "here I feel I have a
claim of a hardship because somebody did have a plan in the past
Robert Miller Could you put the location map back up on the screen please` Could you
shoes nee the other two the initial separation of the parcels that you bought please
Jack Summs Yev, sir
Robert Miller To the extent that you can
Item #19
Jack Summs Jr and Alan Rice
Page
Jack Summs I m sorry Do I use this`?
Ronald Ripley Yeah just pick it up
Robert Miller Just pick it up
Jack Summs Just pick it up? Sorry I've never used this
Robert Miller You don t have to shoot us
Jack SurrLms Okay See the one right there that was subdivided back in the early o I
did have to put a well on that property
Robert Miller And that s 10 000 square feet'
Jack Summs Yes sir And this property right here It s a house and it has been
approved It was constructed around 1990-199I in that area And the two that are left
at the time considering what we ve done here one lot is in the neighborhood of 9500
square feet and at that tirne durrcr the moratorium we couldn t oo for -ward on that
because it Hasn't considered a buildable site during that point in time But this other lot
here is in the neighborhood of to 500 square feet which is ample And actually the lots
themselves are probably in the neighborhood o 20 percent larger than any of the lots
versus the minimal lot area for R-7 5 zoning So I feel that I have enough area and I will
put all the construction up
Robert Mille- Just to make sure that I understand The two what appears to be
identified as two lots underneath the red -cross hatching
Jack Summs Yes sir
Robert Miller Each one of there individual has ar water and sewer tap'
Jack Summs Yes sir Each one And I have the plans here and they're verified b
public Utilities and Planning
Ronald Ripley And one final question that I have is the variance that you re requesting
you re short how many feet9 Is it front f of
Jack Summs Front footage on the corner lot is in the neighborhood o 1 €eet
Ronald Ripley what is required again
Jack Summs
Ronald Riplev 95
Item # 1
Jack Surnms, Jr and Alan Rice
Pacre 4
Jack Sui could you like to know the size of the other lots`?
Ronald lbplev what the other size is 71 feet9
Jack Summs, Yes sir
Ronald Ripl v R is 759 01�ay So you ve tried to rMti ate this b requirin a variance
for both of them and making them a little bit lancer size either way
Jack Summs ,Yes sir Just mabing some comprorruses
Ronald Ripley Oka) Any other qustion`
Robert Miller we do have opposition Terry Hubbard`
Terry Hubbard After hearing
Ronald Riplev Mr Summs do you want to have a seat'
Ter- Hubbard Hello sir My naive is Terr� Hubbard I h-v e in that house that you just
saw up there right next to the little house right there
Ronald Ripley Just to the south of the lots'
Terry Hubbard Yes sir
Ronald Rrplev Oka}
Terry Hubbard okay I was listening to what he had to say and I have no opposition to
it This is my first time
Ronald Ripley Oka) we appreciate you corning don
Robert Miller Thank you sir
Dorothy wood Thank you
Ronald Ripley Thank you
Robert Miller Linda Carrington
Linda Carrington �Ir My name is Lind Carrington and f am the Civic League
President of Newsome Farms Okav Mr Summs sent me a letter that Lynnhrook
Landing President of their cis ie league had proposed to send to you and It was asking for
my signature But they couldn t get in touch with me And we are opposing this
Item ##1
Jack Summs, Jr and Alan Rice
Page 5
because for the simple reason that Mr Sunum, has built in our neighborhood several
tunes before And you have allotted different encroachments to go ahead and build And
we feel that Mr Summs knows that we have turned hirn down several times and this time
we want to turn him down again because we feel that it he's going to build the houses
he is dust coming to our neighborhood putting houses and building houses We live there
and we don t want to be all crunched up together And when you buy a house you burr
house to have space You buy a house to have peace Now, you don t want to know
what your neighbors are doing if you don t hake the right footage or i you don t have
this So we as a civic league got together had a meetzrir, talked about it and they told
e to come and tell you all We do not want hirn to build in Newsome Farms The
letter which you got was not written by me it was written by Lynnbrook Landing s
President and my group is here to represent the civic league Mr Black, Mr Smith and I
I am the president Mr Black is the vice President and Mr Smith is my Assistant
President
Ronald Riplev Thank you very much Any questions of Mrs Camng=9 Thank you
eery much Do you have anybodv else to call'?
Robert Miller No
Ronald Ripley Mr Su=s would you like to readdress You have an opportunity to
rebut if you like
Jack Summs Commissioners I have never asked for any concessions of the Newsome
Farms area as far as any variances of any sort I have built in that area in the past Let
see here Daniel Smith and Jason Lane I did build four houses over there As far as
asking for any concessions from the City and Planning, City Council I just wanted to
bring that up
Donald Ripley Okay Thank you very much
Robert Miller Mr Summs The houses that you built in this other area, are they of the
same type that you re talking about building here's
,lack ,Sumps No actually ghat we built over there we really don't have some to show
you there but as you enter the Neworne Fans area, you go up to Bolero Court and that
was a project that nay non profit organization 1r Parker and Bailey Parker and the rmd
s The houses that I did put over there were ranch style homes The ranch style homes
were 1n the neighborhood of 1600 square feet of area As far as that s concerned they
complimented and they Mended into the community on that corner The other houses to
that area I thinly are in the neighborhood I m speculating here the Bolero Court and
across the street are probably in the neighborhood of around about to o square feet of
living space I feel that the houses that l construct on the corner of Prospect and Connie
Way can generate an income of a selling price lets say I o, o- 160 000 and that s
Item #19
Jack Sum s Jr and Alan Rice
Pa ore
here I came up with that square footage earlier to you I think it would command that
value and again they would be brick structures
Ronald Ripley okay Any other questions9 Yes Mr Din`?
William Din Mr Su ?
Jack Surnms Yes sir
W illiarn Din How sang slid you say you ve owned this property?
Jack Sunns I've owned this property since 1988
William Din According to our write up, I guess the problem that you're having with the
anance on this property is you re short 10 feet because of the corner lot The corner lot
requires an extra 10 feet because you have to mop{e it back, the setback on a carver
requires and extra 10 feet And so to build on this lot, I guess you understand that this
requirement has been in place since 1964
Jack Summs I do understand
William Din I understand that you have a drawing that may have hook up for additional
lots but it sounds pretty obvious that the requirement was there existing before you
purchased the property
Jack umms Yes sir it was My thoughts were since I guess you can say it was a risk I
took for granted that an extra water and sever tap why would that be put in especially
under a federally funded capital improvement project And I took for granted well
maybe that left the possibility to have the property subdivided And the fact to that the
street Avon t have to be opened up The infrastructure is in place
Robert Miller okay thank you
Ronald Ripley Thank you very much okay Does anybody want to discuss this`
Stephen white Ron9 N- Ripley`)
Ronald Ripley Yes
Stephen W hite I think we have another speaker
Ronald Ripley oh we do's oh please, come on up We dldn t have him signed up
Stephen Bushman Good afternoon My name is Dr Bushman Stephen Bushman And
here r, the copy of the sign up Something fell through the erctcls
Item #19
Jack Summs Jr and Alan Rice
Page 7
Ronald Ripley well I'm sorry
Stephen Bushman Thank you very much for your consideration of the placement of this
iteM OD the agenda 1 would like to thank Nis Carrinaton. for her participation and
acknowledgment vledgment f me in my positron Stephen Bushman President of the Lvnbrool
Landing Civic League, vhich represents 600 households Thic, property abut(,, the two
neighborhoods that join together Newsome Fans and Lvnnb roo k Landing and have
about 70 homes in there with three main entrances This is lust the right thing to do at
the right time and here are the reasons First of all it doesn't come with the
recommendation of the staff because a they have a scheme and thinas are supposed to fit
and this is not an unreasonable request It just doesn t fit in any one of the places It 1
supposed to fall under a vanance So that s why it s here It q because it's a little
outside but it s not unreasonable It does not fall as a hardship qualification so their this
is under the hardship clause within the Planning Department s purview so we
recommend because it's a hardship case But it s not unreasonable This property
abounds two neighborhoods There are residents of Lynnbrook Landing and Newsome
Farms And, if you added up the mass sags that 85 percent of the residents in the area are
in favor of this item Unfortunately Newsome Farms I belie).e has priorities that include
wish to have no additional traffic no construction no industry no building n
additional population no noise and 1 guess that s their priorities This area is an area of
significant concern for the City for revitalization It s so beleaguered that it has been
officially designated as Northwest Virginia Beach those words were spoken by Dr
Hubbard who was an employee of the Planning Depailment. in the nud 80 s and Director
Friedman of the Hou inc Department That s how badly the northwest area of Virginia
Beach is under scrutiny for its need for revitalization So bringing in new homes is a
wonderful ideas Connie Dane in Newsome Farms is a prior site of past HUD housing as
part of the area revitalization These lots that he s proposing are large lots Almost
10 000 rquare feet I have spoken with him and worked with him and I rn so much
committed to him that the photographs you sax% up them were takers by rise These are
high quality homes Perhaps one single story than they are two story I Dave spoken to
Nice Mayor Louis Jones in considering the MY picture he said Yes Thank you vice
Mayor I like the fact that if he did his work as he has done in the past, you uldn t
even have to disturb the street It is not a heavily coursed street right there Connie way
There have been nurnerouriances and re onings that under application have been
approved for lots in this neighborhood This should be another one of them And last
down the street, I would a� within 500 feet is a development by New Hauer
Corporation putting in 25 single farmly homes under a homeo % ners association within
Lynnbrook Landing wh]Lh creates a unique dynam-ics for the leadership in that
community area Those are 5 000 square foot lots And we welcome that and everybody
says that's a good ideal So when you loop at this he doing the right thing I am so
phased to have him or anyone come to the area and afford 17-year old neighborhood
more new housing which is slowly becannina to pick up speed So thank ou very much
for Your consideration
Item #I
Jack Sum ms Jr and Alan Rice
Page
Ronald Rilev Thant, you veer much
Stephen Bushman t o you have any questions`
Ronald Ripley Anv questions" Thank you very much Okay Are there any other
speakers to speak on thus rnatter9 okay Somebody wish to discuss this9 Yes9
letsv Atkinson I xn going to support this rezoned subdivision 10 00 square foot lots
are very nice big lots on a 7 5 00 square foot subdivision and it s just shy a couple o f feet
on each way to make these two houses They re going to be all brick I think they"re
going to be nice additions to the community And to try to put one house on that huge lot
doesn't make sense to me especially when he's got the water taps so I don't find this a
problem at all and I would be pleased to make a motion to support it or listen to other
omnussroners
Donald Ripley Anybody else wish to speak P I also support this I think Dr Bushman is
absolutely correct to encourage more hone ownership in the area as a primary goal to the
N orth rest 1v irgi nia Beach initiative that he mentioned which I ve attend several of those
meetings And it is shy just a few feet but I m like Betsy it s not unreasonable It s not
are unreasonable reque t I don t believe I don't know if we've proven a hardsbip here
and that s rnavbe we shouldn t say that for the record but on the other hand I think the
hardship is not having as many for sale housing in the area as you would like to have any
way if you'd life to make a motion9
Betsy Atkinson Yeah I d make a motion that we ap role the application
Ronald Ripley we have a motion by Betsy and a second by Joe Strange to approve the
application And we re ready tovote
AT I SON
BAUM
CRABTREE
DIN
HORSLEY
MILLER
RIPLEY
SAEEE'
STRANGE
VAKOS
WOOD
Donald Ripley
AVE 10 NAY
AYE
AYE
AYE
AYE
AYE
7E
AN E
AYE
AYE
ABS 0 ABSENT 1
AYE
y a vote of 10-0 the motion passes
ABSENT
Item # 1 9
.hack Sums, Jr and Alan Rice
Page 9
Kay Wilson And did you approve it with the two conditions in the write up if you
decide to appro% it
Betsy Atkinson Yes
Kay Wilson Thank you
Betsy Atkinson That s our legal representative I m sorry
Robert Miller Yes sir
Lincoln Potter I was dust thinking h was just saying
Robert Miller Sir we already dealt with that matter so if you would like to make a
comment to the applicant you certainly could
ZONING HISTORY
Rezoning (R-5D Residential to Conditional B-2 Business) and Conditional
Use Permit (Mini -warehouses) —Withdrawn 1-8-90
Conditional Use Permit (Childcare Center) —Denied 12-2-85
r �
w
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM LBH, L L C — Subdivision ordinance
MEETING DATE February 11, 2003
0 Background
Appeal to Decisions of Administrative officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for LBH LLC Property is located on the
north side of Indian Fiver Road, 300 feet east of Pa rkland Lane G P I N # 14 -0 -
439 DISTRICT 1 — CENTEF VILLE
N considerations
The subject site was originally subdivided in 1928 and remains as originally
platted The site has been zoned residential, single-family or duplex, since the
adoption of the Master Zoning Plan of Princess Anne County in 194 to the
present The site is undeveloped and is zoned i-D Residential District
It is the intent of the applicant to subdivide the existing lot into two lots one of
which will be a "flag lot" for the purpose of constructing a single-family dwelling
on each lot The proposed lots will have well over the required lot area of 5,000
square fleet, however, proposed Lot 2 does not have the required lot width of 50
feet The existing lot is 35,719 square feet and 99 24 feet wide
The site is rectangular and narrow in shape 99 24 feet wide by 365 77 feet bong,
preventing the possibility of construction of a standard right of way to serve a
small subdivision There is little opportunity to consolidate surrounding parcels for
larger residential development Parcels directly west of the site are completely
encompassed by the Resource Protection Area (RPA) of the Chesapeake Bay
Preservation Area, and will be severely impacted by the changes to the State
Code regarding the Chesapeake Bay Preservation Act The applicant located the
RPA buffer area in the field and determined that the existence of the RPA buffer
on the site limits the opportunity to use a standard side -by -side lot configuration
It also presents a challenge in the overall location of the proposed structures It
does not appear that approval of the request would be detrimental to the
surrounding properties or adversely affect the neighborhood
The Planning Commission placed this stern on the consent agenda because of
the Bruited development potential due to the lot shape and restrictions unposed
by the Chesapeake Bay Preservation Area Ordinance Staff recommended
approval There was no opposition to the proposal
IN Recommendations
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions
1 The lots are approved for single-family dwellings only A note shall b
added to the subdivision plat stating this restriction
2 Access to both lots shall be through the single 20 foot stern depicted on
the submitted plan titled "Indian River Road Property, LEI, L L C , Virginia
Beach, VA, Proposed Site Layout, C101, Sheet 1 of 1", prepared by Clark
lexsen Architecture and Engineering Said plan is on file in the City of
Virginia Beach Planning Department
■ Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency Planning Department
City Manager Qr
V Y& e%
LBH LLCr T/# 26
January 8, 2003
General Information:
REQUEST Subdivision Variance to Section 4 4(b) of the Subdivision
Ordinance that requires all newly created lots meet all the
requirements of the City Zoning Ordnance
ADDRESS The north side of Indian Fiver Read, 300 feet east of Parkland
Lane
GPIN
ELECTION
DISTRICT
SITE SIZE
.. vap G-9 T u u i T.r.
14660043950000
1 - C E 1TE RVI LLE
62 acre, or 35 719square feet
Planning Commission AgendaT
January8,2003
,
L. B H L LC 6
Pagel
STAFF
PLANNER Faith Christie
Major Issues:
Presence of a hardship justifying the variance to the requirements of the
Subdivision Ordinance
Site Plan / Preliminary Plat:
Existing Lot The existing lot is 35,719 square feet and 99 24 feet wide
Proposed Lots It is the intent of the applicant to subdivide the existing lot into two lots,
one of which will be a "flag lot", for the purpose of constructing a single family dwelling
on each lot The proposed lots will have well over the required lot area of 5,000 square
feet, however proposed Lot 2 does not have the required lot width of 50 feet
Reauired Lot 1 Lot 2
1
Lot Width in feet 54 7924 20
Lot Area in square feet 5 000 14746 20 974
* Variance required to the required lot width
Land Use, Zoning, and Site Characteristics
Exisfina Land Use and Zoning
The site is undeveloped The site is zoned R-5D Residential District
Surroundina Land Use and ZoniDg
North Undeveloped parcel R-5D Residential District
South • Indian River Road
Across Indian River Road is the Founders Inn and
Regent University complex B-2 Business and H-
1 Hotel Districts
Planning Commission Agenda
January 8, 200
LBO! LLc # 26
Page 2
East 0 Dental Office and Single family dwellings -2
Business District and R-5D Residential idential District
West • Single family dwellings s R-7 5 Residential District
Zonina history
The subject site was originally subdivided in 1928 and remains as originally platted The
site has been zoned residential, single family or duplex, since the adoption of the
Faster Zoning Plan of Princess Anne County in 1954 to the present
Air Installation Comoatible Use done (AICUZ
The site as in a less than 65 d6 Ldn AICUZ zone surrounding NAS Oceana
Natural Resource and Physical Characteristics
The site is grassed, and has a scattering of small shrubs and trees The applicant has
field located the Resource Protection Area (RPA) of the Chesapeake Bay Preservation
Area on the !o# The buffer area line meanders along the western side of the lot varying
in width from 18 feet to 33 feet The proposed single-family dwellings will be positioned
outside of the RPA buffer
jai
Planning Commission Agenda
January 8, 2003
LBH LLC 2
Page
,�otA B
Public Facilities and Services
Water and Sewer
Water There is a 1 -inch water main in Indian River Road fronting the
site The proposed lots rust connect to City grater
Severer There is a 2-inch force main in Indian River Road fronting the site
Are eight -inch sanitary sever main eats in a 1 -foot utility
easement fronting the site There is a 1 5-inch utility easement on
the south portion of the property The proposed lots must connect
to City sewer
Comprehensive Plan
The Comprehensive Plan Neap designates this area as Suburban Residential / Medium
and High Density an area planned for residential uses above 3 5 dwelling units per
acre
Evaluation of Request
Staff evaluation of a subdivision variance is based on several factors, including the
degree of compliance with City ordinances and regulations, consistency with the
Comprehensive Plan, and adherence to good accepted lard use and development
practices and theory Personal hardship does not eater into the Staff's evaluation
Above all, Staff's evaluation is based on Section 9 3 of the Subdivision Ordinance,
which addresses variances to the ordinance Section 9 3 of the Subdivision ordinance
states
Section 9 3 of the Subdivision ordinance states
o variance shall be authorized by the Council unless it finds that
Strict application of the ordinance would produce undue hardship
The authorization of the variance will not be of substantial detriment to
adjacent property, and the character of the neighborhood wfll not be
adversely affected
B&4C
Planning Commission Agenda
January 8, 2003
LBH LLG / # 26
Page 4
C The problem involved is not of so general or recurring a nature as to make
reasonably practicable the formulation of general regulations to be
adopted as an amendment to the ordinance
D The hardship is created by the physical character of the property
including dimensions and topography, or by other extraordinary situation
or condition of such property, or by the use or development of property
immediately adjacent thereto Personal or self-inflicted hardship shall not
be considered as grounds for the issuance of a variance
E The hardship is created by the requirements of the zoning district in which
the property is located at the time the variance is authorized whenever
such variance pertains to provisions of the Zoning Ordinance incorporated
by reference in this ordinance
Staff recommends approval of the requested subdivision variance subject to the
conditions listed below The site is rectangular and narrow in shape, 99 24 feet wide by
365 77 feet long, preventing the possibility of construction of a standard right of gray to
serve a small subdivision There is lithe opportunity to consolidate surrounding parcels
for a larger residential development Parcels directly west of the site are completely
encompassed by the resource Protection Area RPA) of the Chesapeake Bay
Preservation Area, and will be severely impacted by the changes to the state Code
regarding the Chesapeake Bay Preservation Act The applicant located the PPA buffer
area in the field and determined that the existence of the RPA buffer on the site limits
the opportunity to use a standard side -by -side lot configuration It also presents
challenge in the overall location of the proposed structures It does not appear that
approval of the request would be detrimental to the surrounding properties or adversely
affect the neighborhood Therefore, staff recommends approval of the subdivision
variance request subject to the conditions below
Conditions
1 The lots are approved for single-family dwellings only A note shall be added to
the subdivision plat stating this restriction
2 Access to both lots shall be through the single 20 foot stern depicted on the
submitted plan titled "Indian Diver Road Property, LBH, L L C , Virginia Beach,
VA Proposed Site Layout, C101, Sheet 1 of 1" , prepared by Clark Necsen
Architecture and Engineering said plan is on file in the City of Virginia Beach
Planning Department
Planning Commission Agenda
January 8, 2003
L H LLc I # 2
Page
NOTE
[Upon granting of a subdivision variance, a final subdivision
plat must be submitted to the Development Services Center
for approval and recordation
Further conditions may be required during the
dmims ration of applicable Iry Ordinances
Planning Commission Agenda
January 8, 23
L H LLC # 26
Page
la
it
o" C>
rCIO
coca
i
�Y 4
A M
4L
L
Vol
qw
�. ar
'�.�. 'yam-•�.
t�
PROPOSED SUBDIVISION
Planning Commission Benda
January , 2003
LBH LLC 2
Page
D
xPP�xcA�oN pAcE 4 aF 4Sus�.t"sroN VA�vcE
� CTFY OF VJRG71+[�4 BEACH
Applicant's Name
List AH Cmrrew
Property Owners
DISCLOSURE STATEMENT
T
I
PROPERTY OvvNER DisciosuRE
If the property omn= Ls a CORPORATION list aal officers rs of the Corpambon below (Aftac i lai if ne ssary)
if the property owner is a ]FARTNERSHM 1rr MM or other LTNINCOM4)RATED ORGANIZATION Ila
all mcmb= or varm= w the organization below (Amach lut -mecawry
Cho& here if &se property owner is NOT a corporanoc, pa t=rsl7ip firm or other umocorpm%cd
orgtimmnoa
Tf 1he applrrant is root die cwrremt oWner o the property compAtee the Appheam &xksurr se re bdow
I
APPLICANT DISCLOSURE
If the appi cant is a CORPORATION Est alb officers of the arpm-aion belovr (Attach list ftecessary)
i
If the appl=ant is a PA " MHIP FDM or othe UNINCORPORATED ORGANIZATION list 0
m bcrs or pars in the orgLmmucc below (ArraeA lisi Ifne ssory)
c0A
❑ Check h,ere if the applicant is NOT a corporsum paruersbip farm, or other unincorporated orga.wato,n
CERTM ATION I Cerny that thC uxfarr nmed herein is &ue and accurate.
Signature
Prmt Name
Af
zoo z0oz rYd T i q0K 00Z T/90
Planning Commission Agenda
January 8, 2003
LBH LLC # 2
Page
LH L L C
Appeal to Decisions of Adrnunistrative officers in regard to
Certain elements of the Subdivision ordinance
North side of Indian Fiver Toad Soo feel east of Parkland Lane
District 1
Centerville
January 8 2003
CONSENT
Dorothy Wood our last consent item is Item #26 It is LBH Lirruted Liability
Corporation It s an Appeal to Decisions of the Administrative officers in regard to the
Subdivision ordinance The property is located on the north side of Indian River Road in
the Centerville District and has two conditions
Douglas Talbert Good atternoon members of the Con�m�ssion M name is Douglas
Talbert ofClark Nexsen I represent L IB LL ' and they have no objections to the two
conditions
Dorothy Wood Thank you
Douglas Talbert Thank you
Dorothy W ood I would move to appro,� a this stern on the Consent agenda num er
with two conditions No opposition
Ronald Ripley We have a motion to approve the Consent agenda for the stern so read
Do I hay e a second"
Eugene Crabtree I'll second it
Ronald Ripley Seconded by gene Crabtree Dot would you like to have some
discussion's
Dorothy Wood Ron would you please corrm rent on Item #26 LBH9
Donald Ripley This item is an stern that came before us several months ago and the
applicant had requested that this be divided into two duplex lots a total of four units
They had some opposition from the neighborhood They worked with the neighborhood
carve hack and actually dropped it down from four units to two units and has also worked
out are access arrangement for the properties located to the rear of the site and so we
really commend the applicant for wort ing with the neighborhood and working with the
to `f to resolve this matter All those items r cornrneDded approval by staff and we put it
on the Consent agenda accordingly okav we hay e a motion and a second and unless
there is other discussion on the motion, l d like to call for a 'tote
AYE 10 NAY 0 AS 0 ABSENT
Item #'2-6
L H, L L
Page
RABTREE
AYE
DIM
AYE
HORSLEI
A E
KATSIS
ACE
KNIGHT
AYE
MILLER
A E
ILEY
AIE
SALL '
AIE
STRANGE
AIE
WOOD
AIE
Ronald Ripley By a Grote of 10-0 the motion passes Okay That s it for the Consent
agenda
Reconsideration of Conditions placed on the Conditional Use Permit
approved on 6/23/86 — Approved 1 1/26/91
Reconsideration of Conditions placed on the Conditional Use Permit
approved 6/23/86 —Approved 4/14/92
2 Conditional Use Permit (Communication Tower) —Approved 2/11 /97
Conditional Use Permit {Communication Tower} —Approved 12/11/01
Map L-8 TTP 17,0*2t1jroc T-T-r.
■ on
mop
10.
� }J/JAA VNIA
'f �
IIA
�'+ FAA{A/ '�.'�•"• }/ fA/
Is
r �
s
Gpin 2416-6&-2328
ZONING HISTORY
1 Rezoning (RD-2 Residence Duplex to CG-3 General Commercial and RD-
2 Residence Duplex to RM Multiple Family) and a Conditional Use Permit
(792 units and private boat slips) —Approved 101/5/73
Rezoning (R-5 Residential to B-2 Business) —Approved 4/17/79
Conditional Use Permit (Miniature golf course) —Approved 12/17/79
Conditional Use Permit (Recreational faeilrty of an outdoor nature)
Approved 7/5/83
Conditional Use Permit (Recreational facilities of an outdoor nature)
5/21/84
Conditional Use Permit (Recreational facilities of an outdoor nature) —
s/23ias
Rezoning (A-1 Apartment to P-1 Preservation) —Approved 8/27187
Reconsideration of Conditions placed on the Conditional Use Permit
approved 6l23/86 —Approved 2/26l90
Reconsideration of Conditions placed on the Conditional Use Permit
approved an 6/23/86 —Approved 4/23/90
Reconsideration of Conditions placed on the Conditional Use Permit
approved on 6/23/86 —Approved 6/11 /91
� ua �
r
CITY OF VIRGINIA BENCH
AGENDA ITEM
ITEM IMP Ventures, L L C — Conditional Use Permit
MEETING DATE February 11; 2003
■ Background
Are Ordinance upon Appfi ation of HP Ventures, L L C for a Condition i Use
Permit for a recreational facility of are outdoor nature on the east side of South
Birdneck load, approximately 790 feet south of Belis Road (GPIN 2416662328)
Said parcel contains 27 04 acres DISTRICT 6 — BEACH
The purpose of this request is to construct a 31,000 square foot metal building
that will house an amusement park racetrack
■ Considerations
The applicant desires to add an enclosed small car racetrack to the subject site,
which is currently operating as Motorworld theme park The racetrack would be
enclosed in a 31,000 square foot metal building The building will have overhead
doors on either side that will be open when the track is in use The building will
also contain party rooms that groups can reserve for special occasions
The building will be set back over Soo feet from the ultimate right-of-way of South
Birdneck Road The building will be 15 feet in height There is an existing
racetrack in the area where this building is proposed The existing track will be
reconfigured to accommodate the new building
There are some existing mature pine trees along the frontage of south Birdneck
Road as well as some landscape plantings that have been installed around the
main entrance off of south Birdneck Road that will help to screen this building
from the right of way However the Capital Improvement Program project to
widen South Birdneck Road in this area will necessitate the removal of many of
these trees Therefore, additional evergreen plantings along the western edge of
the property are suggested as a condition should this use permit be approved
The Planning Commission placed this item on the consent agenda because the
lotorworld theme park has been operating safely and compatibly at this site for
close to twenty years Staff recommended approval and there was no opposition
to the request
HP Ventures
Page 2 of 2
A Recommendations
The Planning Corr mission passed a motion her a recorded vote of 1 o-o t
approve this request with the following conditions
1 No motorized rides or noise disturbing activities shall be operated after
12 00 Midnight
2 The building shall be parroted to match the existing color scheme of the
ether buildings in the Motorworld theme park
Category IV plantings shall be installed along the western edge of the site
outside of the ultimate right of way for south Birdneck Road to serge as a
buffer along the roadway r lanting is encouraged to be innovative in
terms of spacing and linear arrangement to allow the widest possible
variation for visual enhancement while separating uses A solid screen of
plantings is net necessary for this project Plantings shall be installed prior
to a certificate of occupancy for the new racetrack building is issued
site plan showing the new building location, the reconfiguration of the
existing racetrack and the category IV plantings along the western edge
of the site shall be submitted to the Development services center for
review and approval
All conditions attached to the original use permit and all modifications shall
remain in effect
■ Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency Planning Department
City Manager S `'� , qt3d V142,
HP VENTURES-, L.L.C. / # 81
January , 2003
General Information.
APPLICATION
NUMBER L08-211-CUP-20Q2
REQUEST Conditional Use Permit for a recreational facility
ADDRESS East side of Birdneck Road, 790 feet south of Bells Road
ELECTION
DISTRICT 6 — BEACH
SITE SIZE 27 04 acres
Al
Planning Commission Agenda
HP VENTURES, L L C
Page 1
STAFF
PLANNER Barbara Duke
PURPOSE To construct a 31 000 square foot metal building that will house an
amusement park racetrack
Major Issues:
Degree to which the proposal is compatible with the surrounding area
Land Use, Zoning, and Site Characteristics:
Existing Land Use and Zoning
The site is developed with a recreational use known as the Motorworld theme park and
the site is zoned A-12 Apartment District
Surrounding Land Use and Zonin-Q
North
0 Vacant property -1 2 Apartment , R-10
Residential B-2 Community Business
South
0 Vacant property P-1 Preservation District
East
0 Ocean Breeze grater park -2 Community
Business, P-1 Preservation District
West
0 Vacant property I-1 Industrial District
Zoning Histo
Before October 1973, the site was zoned M-1 3 General Industrial District —recreational
uses required a conditional use permit —and R-D 2 Residence Duplex
1 1 3 — Rezoning from RD-2 Residence Duplex to CG-3 General Commercial ial and
RD-2 Residence Duplex le to RM Multiple Family and a conditional use permit for 792
units and private boat slips
17f7g - Rezoning from R-5 to B-2
Planning Commission Agenda
January 8, 2003
HP VENTURES, L L C
Page
&tc
a
111- conditional use permit for miniature golf course
5 — conditional use permit for a recreational facility of an outdoor nature
5/21/84 — conditional use permit for a recreational facility of an outdoor nature — a
recorded agreement between E S G Enterprises Inc and the City of Virginia Beach
pertaining to the conditions of the use permit (D B 23399 PG 0993)
8 2 — Conditional use permit for recreational facilities of an outdoor nature
1 A 15 foot dedication along the frontage on South Birdneck Road, 45 feet from the
centerline of the old 60 foot right-of-way as per the Master Street and Highway
Plan
2 Appropriately sized drainage easements are required along owls Creek and its
tributaries impacting the site
3 Dedication of a 100 foot treed buffer to be preserved in its present and natural
state without any clearing: and, to be zoned P-1 Preservation District The width
f tin is buffe r is to be measu real 100 feet to the west from the mean h igh water
line beginning at the northern property fine, running along Owl's Creek in a
southwesterly direction and turning the corner at the tributary which divides on
Area 2 as designated on the Festival Park Plan submitted by Talbot and
Associates, dated May 6, 1986 This P-1 zoning sbali be initiated prior to the site
plan approvalRe-vegetation will be subject to staff review
All drainage improvements shall be designed to minimize runoff into Owls Creek
or its tributaries through the use of on -site storm water retention ponds and
grassed swales Perimeter filter strips around all parking areas and porous
pavement material for all surface -parking areas small be required providing that
the underlying soil is suitable Riprap shall be used at all outfalls
Pedestrian access to the P-1 area should be limited to only the pedestrian
bridges and the "scenic overlook17
All lighting should be low level and directed toward the interior of the park
Tura lanes and signals ation shall be provided on South Birdneck Road as
approved by the City Traffic Engineer
The hours of operation are restricted from 10 00 a m to 10 00 p m , except
Memorial Day through Labor Day and on holidays and weekends, closing shall
be at Midnight
There will be no public address system other than for background music and
emergency announcements, no recreational use of owls Creek associated with
this park and no outdoor concerts
10 All structures are to be limited in height to 35 feet or less
11 There shall be no boating on Owls Creek
Planning Commission Agenda
January 8, 2003
FOP VENTURES, L L C 8
Page
12 Any significant change to this plan shall come before City Council for further
consideration
8/27/87 —Rezoning from A-1 to P-1 (required by Condition 3 of the use permit approved
6/2fi/86)
2/26/90 —Reconsideration of Conditions 8, 9, and 10 placed on the Conditional Use
Permit approved 6/23/86 (reconsideration of Conditions 8 and 10 were deferred by the
Planning Commission) Condition 9 was modified as followed
A There shall be no public address system other than for background music and
emergency operations
B No recreational use of Owls Creek associated with this park
e No rock concerts or loud music performances will be permitted
One 300 seat outdoor stage to be used for family entertainment and limited to
puppet shows, magic shows, and variety shovers of approximately twenty o minutes
each
E The facility shall face Birdneck Road or Motor World, away from Owls Creek
F Hours of operation shall be restricted from 10 00 a am to 10 00 p rn , except from
Memorial Day thru Labor Day and on holidays and weekends, closing shall be at
midnight and
G Approval for this stage shall be for a period of two 2 years
4/ — Reconsideration of Conditions 8 and 10
Condition
A Approved request to keep mechanical rides and other activities open daily (seven
days a week) from 10 00 a rn until 12 00 Midnight
B Approved miniature golf, pizza restaurant and activities from Shipwreck Golf
Course to Birdneck Road may be open from 10 00 a rn until 2 00 a m Freda
and SaturdaC1v
Condition 10
The proposed mechanical rides shall be located in the area marked "future
development 11 on the submitted site plan adjacent to south Birdneck Road and
running east to the Shipwreck Golf This does not include the aerial tran which
is acceptable as shown on the site plan Height linnet shall be varied in this area
only
B A Board of Zoning Appeals variance is required for all structures exceeding the
-foot hef ht limitation, which may occur only in the area of Conditions 1 as,
described above
LA
Planning Commission Agenda
January f 2003
HP VENTURES, L L. c
Page 4
C The proposed tram is approved only for the route shown on the submitted site
plan dated January 23,1 990, by Talbot and Associates This route is parallel to
the existing roadway The tram shall not be allowed to cross Owls Creek in any
other location
D Trees shall be preserved on the development site where possible A tree
protection plan and planting plan shall be submitted to the City Arbrrst and
Director of ,the Virainia Museum Marine Science for review before any clearing
or development activity tales place The plan shall mcl de a pre- and post. -
development tree inventory This condition shall apply to al future development
E No motorized rides or noise disturbing activities shall be operated after 12 00
Midnight
F All other conditions shall remain the same
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ of greater than 75dB Ldn surrounding NAS Oceana The Navy
A1CUZ liaison has indicated there is no objection to this request
Natural Resource and Physical Characteristics
Owl s Creek marsh borders the eastern side of the site
Public Facilities and Services
Water and Sewer
City water and sewer currently serve the site
Transportation
Master Transportation Plan (MTP) !Capital Improvement Program (CIP)
South Birdneck Road in the vicinity of the subject site is currently a two lane
roadway It is identified on the Master Transportation Plan as a 100 foot wade
divided roadway with bikeway There is a CIP project to widen this roadway listed in
the Capital Improvement Program document as CIP 2-749 Birdneck Roar! Phase II
Right-of-way acquisition in the vicinity of the subject site is currently in progress with
construction scheduled to start in June 2003
Traffi o
There will be no noticeable impact on traffic generation with the addition of one
racetrack
Planning Commission Agenda
January 8, 2003
HIP VENTURES, L L C
Page
L& 13
i
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 as
they pertain to this site
Fire and Fire protection sterns will be addressed during detailed building
Rescue and site plan review
Comprehensive Plan
The Comprehensive Plan identifies this area as the Owls Creek Area that includes
major recreational and cultural resources
Summary of Proposal
Proposal
The applicant desires to add an enclosed small car racetrack to the subject site,
which is currently operating as llotorworld theme park
The racetrack would be enclosed in a 31,000 square foot metal building The
building will have overhead doors on either side that will be open when the track
is in use The building will also contain part} rooms that groups can reserve for
special occasions
The building will be located west of the main building at the entrance to
Ilotorworld The building will be set back over 300 feet from the ultimate right-of-
way of south Birdneck Road The building will be 15 feet in height There is an
existing racetrack in the area where this building is proposed The existing track
will be reconfigured to accommodate the new building
• There are some existing mature pine trees along the frontage of South Birdne k
Road as well as some landscape plantings that have been installed around the
main entrance off of south Birdneck Road that will help to screen this building
Planning Commission Agenda
January 8. 2003
WPVENTURES, LLc
Page
from the right of way However, the Capital Improvement Program project to
widen South Rirdne k Road in this area will necessitate the removal of many of
these trees Therefore} additional evergreen plantings along the western tern edge of
the property are suggested as a condition should this use permit be approved
Evaluation of Request
The request for a conditional use permit for a recreational facility is acceptable The
Motorw rld theme park has been operating safely and compatibly at this site for close to
twenty years The building and racetrack will be thoroughly reviewed for building and
fire code requirements prior to occupancy It is recommended that the additional
racetrack be approved subject to the following conditions
Conditions
1 No motorized rides or noise disturbing activities shall be operated after
12 00 Midnight
2 The building shall be painted to match the existing color scheme of the
other buildings in the IltorVrld theme park
3 Category IV plantings shall be installed along the Western edge of the site
outside of the ultimate right of way for South Birdneck Road to serve as a
buffer along the roadway Planting is encouraged to be innovative in
terms of spacing and linear arrangement to alloy the widest possible
Variation for Visual enhancement while separating uses A solid screen of
plantings is not necessary for this project Plantings shall be installed prior
to a certificate of occupancy for the new racetrack building is issued
site plan shoving the new building location, the reconfiguration of the
existing racetrack and the Category IV plantings along the wetern edge
of the site shall be submitted to the Development Services Center for
review and approval
All conditions attached to the original use permit and all modifications shall
remain in effect
Planning Commission Agenda
.January 8. 23
HP VENTURES, L L C
Page
NOTE Further conditions maybe 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
January 8, 2003
FOP VENTURES, L L C
Pave 8
4
Planning Commission Agenda
January 2003
HP VENTURES, L L C
Page
ku
i
LU
ix
Planning Commission Agenda
January 8, 2003
HP VENTURES9 L L C
Page 1
Aw , '' - W _.. . A . - - - 0 h, 4�dw
RL
.}
71
Y7 IV
41
a a r$ i
NVI
+� r -'4 � � f x � •# aw ,....} Syr � w.�
Jf
�r
NNW
Kz
-
M-k.
AL L4
.} "K _
Af
Cp
"i
,- �.. .�- •� ! '� � ,ems v' '. � *w "� � n f
1 l
� ^� •: �' � ..�' r � "# - # � *�� � 4 ! .� `� � - x � aryl �' 4
F..V.
;
` x �' , .. ' mp,
P - 4 , ••• �gy - v o fix.
DISCLOSURE STATEMENT
Applicant's Name T' � Cfic,'(�z� ��� _ 4 {��iTCS
List All Current
Property owners k44
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION list all officers of the Corporation below
(Attach list if necessary
Arri
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 d 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 Applicant Disclosure
section below
APPLICANT T DISCLOSURE
It the property owner is a CORP0RATI0N list all officers of the Corporation below
(Attach list rf nimroc=ml l j6. ?'Y? 1S 71"In'�
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)
D Check here if the property owner is NOT a corporation partnership firm or other
unincorporated organization
CERTIFICATION 1 certrfy that th nfa atron contained herein is true
and accurate Q�.,.� � �� r Tres g[«.Jc-
U
�I�L 0 -1:_ 411,E Y. GVLL-1NAti
Signature Prirtt Name
Conditional Use Permit Application
Page 8 of 1
Planning Commission Agenda
January 8, 2003
HP VENTURES, L L C
Page 12
HP Ventures L L C
Conditional bse Permit
Eat side of South Btrdneck Road 790 feet
South of Bells Road
District
Beach
January 8 ?3
CONSENT
Dorothy Wood The nest stern is Item #8 It's HP Ventures It s an Ordinance Capon
Application for a Conditional Use l errrut for a recreational facility of an outdoor nature
on South Birdnecic Road 1n the Beach District It has five conditions Mr Wood
Cris wood Hi My name is Chris wood 1 m with JD&W Construction repr sentin
the proposed user We ve read the conditions and have no problem with there
Dorothy wood Thank you
Ronald Riplev See if there s any opposition to it
Dorothy wood Is there and opposition to that item I would move to approve this itern
on the Consent agenda number with five conditions noting that number three has
changed No opposition
Ronald Ripley we have a motion to approve the Consent agenda for the stern so read
Do I have a second �
Eugene Crabtree 111 Necond it
Ronald Ripley Seconded by Gene Crabtree Dot ould you like to have some
discussion I
Dorothy wood Yes Mr Din would you please explain Item # -1
William Din The next item was Item #8 This involves an existing recreational facility
out can Birdneck Road This one is an existing facility Theiv are creatincr a new
entertainment area placing a building on this facility we felt like it did not cause any
problems with compatibility or noise we felt that it was very good change for that area
We did note that Bircdneck is on thc, CEP coming and would remoe some of the trees that
would buffer this area and so there was a condition placed on it to compensate for that
tree lass So we placed it on the Consent agenda with those changes noted
Dorothy wood I will not he voting on Item #8 My company is working on this site
Item #
HP Ventures L L C
Page
Ronald Ripley okay we have a motion and a second and unless there is other
discussion on the motion I d like to call for arote
YE
C ABT EE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
SALLE'
AYE
STRANGE
AYE
WOOD
NAY 0 ABS I
ABS
ABSENT I
Ronald Ra ley By a vote of 10-0 with the a stent.1n so noted the motion passes
Wr r irq1 wwT i _ i V"
pits 178-14-5868
ZONING HISTORY
1 Conditional Use Permit (self -storage) —Approved 3/8/94
2 Conditional Use Permit (auto sales) -- Approved 1/22/02
3 Conditional Use Permit (gas sales) —Approved 9/13/82
4 Conditional Use Pemrit (auto sales) —Approved 4/11/83
U
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM D 11 Gatling, Inc— Conditional Use Permit
MEETING DATE February 111 2003
■ Background
An Ordinance upon Application of D W Gatling, Incfor a Conditional Use
Permit for mini -warehouses on the south side of Haygood Road, 400 feet east of
Aragona Boulevard (GPIN 1 1 5 Parcel contains 1 65 acre DISTRICT
— BAS1 DE
The applicant desires to construct and operate a self -storage facility on the
subject site
■ Considerations
The applicant proposes to construct a self -storage facility on the subject site
The to ilit r will be are expansion of the existing facility located north of the site, at
50 Haygood Road This facility will have the same brick fa ade, architectural
features and colors as the existing facility The site will have a computerized
gate with access hours of 7 00 am to 7 30 pin, the same hours approved for the
existing operation at 4850 Haygood load
The site will contain three one-story self -storage buildings meeting all required
setbacks s small dry pond for stormwater management is located in front of the
buildings, along Haygood Road An ornamental wrought iron style fence will be
installed along the frontage of Haygood Road
The Planning Commission placed this item on the consent agenda because the
applicant has consistently demonstrated a high quality of development Staff
recommended approval There was no opposition to this proposal
■ Recommendations
The Planning Corni(on passed a rot(on by a recorded vote of 1 -o to
approve this request with the following conditions
1 When the property is developed, it shall be developed substantially as
shown on the site plan entitled Parcel A-3 Allsafe Self -Storage, dated
1 1 02, prepared by the Spectra Group, which has been exhibited to the
Virginia Beach City Council and is on fife with the Virginia Beach
Department of Planning
2 The external building materials and architectural design elements of the
buildings shall be substantially similar to the existing buildings at 4850
Haygood Road Building architectural elevations shall be subject to
approval by the Planning Director or his designee to ensure compliance
with this condition
3 All exterior lighting (shown on site plan) shall be low intensity and
residential in character All other exterior fighting on the property shall
also be building mounted or ground level lighting which is not directly
visible from the (main road)/According to Section 237 of the City Zoning
Ordinance, all outdoor lights shall be shielded to direct light and glare onto
the mini -warehouse premises, said lighting and glare shall be de#lected,
shaded, and focused away from all adjoining property Any outdoor
lighting fixtures shall not be erected any higher than 14 feet
Hours of operation are 7 oo am to 7 30 pm daily
Gaited sites shall provide for Fire Department access using the Knox or
Supra Ivey system Gates shall have failsefe operation in the event of
power failure
The units shall not be used for office purposes, band rehearsals,
residential dwellings or any other purpose not consistent with the storage
f goods
The storage units shall be used only for the storage of non -hazardous
goods Portable or auxiliary power supplies will not be allowed on site for
tenant use
M Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Neap
Recommended Action Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency Planning Department
City Manager I &WL
D.W. GATLING, INC. / # 10
January 8. 2003
General Information:
APPLICATION E05-210-CUP-2002
NUMBER
REQUEST
ADDRESS
GPIN
ELECTION
DISTRICT
Conditional Use Permit for a serf -storage facility
South side of Haygood Road, 400 feet east of Aragona Boulevard
Ma F'S 71% firr _ -'s r
—a e
t
6?
SO
CI
r V
rr—` `'
lip
`� •
Ls
AA
.110
t.p►► #
14781458680000
— BASIDE
G iro 14 —1 '868
Planning Commission Agenda
January 8, 2003
D W GATLING,INC�.
Page 1
SITE SIZE 72,081 square feet
STAFF
PLANNER Barbara Duke
PURPOSE The applicant desires to construct and operate a self -storage facility on
the subject site
Mayor Issues:
o Compatibility with surrounding uses
• Consistency of proposal wrth the Comprehensive Plan
Land Use, Zoning, and Site
Characteristics:
Existing Land Use and Zoning
The site is vacant and is zoned B-2
Community Business District
Surrounding Land Use and Zoning
North 0 Various commercial uses and self -storage facility
B-2 Community Business District
South • Single -Family homes R-7 5 Residential District
East 0 Single -Family homes R-7 5 Residential idential District
West . Contracting company office and various
commercial uses B-2 Community Business
District
Planning Commission Agenda
,January 8, 2003
D W G TL1NG, INC 1
Page
LA al
Ir re �
00
Zonina Histo
conditional use permit for a self -storage facility for the same applicant, D W Gatlin ,
was approved on property north of this site, at 4850 Haygo d Road, on March 3, 1994
The applicant has complied with all conditions of that use permit There have been
several use permits granted for the commercial areas around this site for auto related
uses
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 a level, grassy field
Public Facilities and Services
Water and Sewer
Water and severer connections will not be required for this use
Transportation
Master Transportation Plan (MTP) / Capital improvement Program (CIP)
Haygood Road is identified on the Master Transportation Play as a 100 foot wide
divided roadway with bikeway The right-of-way in the vicinity of the subject site is 100
feet wade, so no additional reservation is required at this time
Traffic Calculations
The traffic generated by the proposed use will be less than that generated by uses
alloyed by right in the B;2 Community 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 Crimp Prevention Through
Environmental Design (OPTED) concepts and strategies as
they pertain to this site
Planning Commission ion Agenda
January 8, 2003
D 1f GATLING, IC 1# 1
Page
Fire and Fire protection items will be reviewed during detailed site plan
Rescue review
Comprehensive Plan
The Comprehensive Plan identifies this area as a neighborhood commercial area Any
commercial use should serge neighborhood needs and be compatible with the
residential neighborhood in terms of land use and design
Summary of Proposal
Proposal
The applicant proposes to construct a self- storage facility on the subject site
The facility will be an expansion of the eating facility located north of the
site, at 4850 Haygood Road This facility will have the same brick faade}
architectural features and colors as the existing facility The site will have a
computerized gate with access hours of 7 00 am to 7 30 pm, the same hours
approved for the existing operation at 4850 Haygood Road
Site Desion
The site will contain three one-story self -storage buildings meeting all
required setbacks A small dry pond for stormwater management (s located
in front of the buildings, along Haygood Road An ornamental wrought iron
style fence will be installed along the frontage of Haygood Road
Vehicular and Pedestrian Access
Access to the site will be via an existing shared curb cut on the western
property line Internal 20-foot pride drive aisles will serge the self -storage
units
There wrtl be no office or customer parking located on this site This site ail
have a gated entry Customers will be given an access code to enter the site
n intercom system will be provided between the two sites also, so that
customers may contact the office from the site if they need assistance at the
�,'If
Plann(ng Corntfon Agenda
January 8, 2003
if GATLING, MC 1
Page
gate This is not a paging system and will not have any noise impacts on
adjacent properties
Architectural Design
• The self -storage facility is intended to match the existing facility at 4850
Haygood Road The buildings will be brick one-story structures The front
fa ade of all three buildings will include gables
The building side along the eastern property line, adjacent to the residential
neighborhood,, will be a solid wall to storage Tors are located on this side
The building sides along the southern property line, adjacent to the residential
neighborhood will also be solid galls
Landscape and Open Space Des
The submitted site plan meets all landscape requirements of the zoning
ordinance A 1 -foot wide buffer planted with Leyland cypress is shown along
the eastern and southern property lines, adjacent to the residential
neighborhood
• Along the western property line, ad)a ent to commercial use, the buffer will be
planted with southern wax myrtles
Along the frontage of the site, crepe myrtles and holly will be planted Holly
plants are also shown along the foundations of buildings 2 and 3, as required
by ordinance
The ordinance requires that the entire site he enclosed by fence or wall The
proposed site plan shoves that the building wall will be used along the eastern
property line, a fence will extend from the building along the western property
line and continue around to the other two sides as well The site will be
completely enclosed as required
Evaluation of Request
The request for a Conditional Use Permit for a self -storage facility is acceptable The
applicant owns several self -storage facilities within the city, including the self -storage
facility at 4850 Haygood Road, and has consistently demonstrated his commitment to
Planning Commission Agenda
January , 2003
D W GATLING, INC 10
Page
maintaining a high standard of quality The exceptional design and landscape plan that
is proposed as well as the proposed hours of operation ensure compatibility with the
adjacent residential neighborhood The request for a Conditional Use Permit for a self -
storage facility is recommended for approval with the following conditions
Conditions
1 When the property is developed, it shall be developed substantially as shown on
the site plan entftled Parcel A-3 Allsafe Self -Storage, dated 1 31 2, prepared
by the Spectra Group, which has been exhibited to the Virginia Beach City
Council and is on fife with the Virginia Beach Department of Planning
2 The external building materials and architectural design elements of the buildings
shall be substantially similar to the existing buildings at 4850 Haygood Road
Building architectural elevations shalt be subject to approvai by the Plann(n
Director or his designee to ensure compliance with this condition
All exterior lighting (shown on site plan) shall be lover intensity and residential in
character All other exterior lighting on the property shalt also be building
mounted or ground level lighting which is not directly visible from the main
road)/Accord(ng to section 237 of the City Zoning Ordinance, all outdoor fights
shall be shielded to direct light and glare onto the rani -warehouse premises, said
fighting and glare shall be deflected, shaded, and focused agar from all adjoining
property Any outdoor lighting fixtures shall not be erected any higher than 1
feet
Hours of operation are 7 oo am to 7 30 pm daily
Gated sites shall provide for Fire Department access using the Knox or Supra
key system Gates shall have failsafe operation in the event of power failure
The units shall not be used for office purposes, band rehearsals, residential
dwellings, or any other purpose not consistent with the storage of goods
The storage units shall be used only for the storage of non -hazardous goods
Portable or auxiliary power supplies will not be allowed on site for tenant use
Planning Commission Agenda
January 8, 2003
w GATILI #G, INC 1
Page
NOTE Further conditions maybe 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 Ag n la
January , 2003
ATLING, INC # 1
Page
r
v
.r
AN
w.r
'W i
r-w"
vt d6v xx%w;
IF •'#�C
'WArtl
rig
V
.,
z
a
d
w
fy
C)
LIZIL
0
9
C6
i U1 +
� dM%
V
kill
PROPOSEDg TE
PLAN
Lk z&4cA
oT
Planning Commission Agenda
January 8, 2003
.
TLlNGINC 1 .-d W
Page
Ar
c
Planning Commission Agenda
January 8, 23
D W GATLING, INC 1
Page
rw ,
40, 007
OF
Op
,� -�4 . r � � tea. '�+ •� ,rr�� * } ..rf � �� �' � * 00
P
.' L� *�
�VF � ,-
�} N- x• r
AL Amp
-
�� _
r
st y yLot.� •�
t w
{x 4 _/ v„
+ j 4R f
sq— at
X4.
r ti'.:
AL
Ot
jo
0
r 5
T41k
loop • • • r �✓
4
. � w
..
OW
Ak,dx
`-,
or
4jk AIR
f Fw ?{ e
-� dp ■ c v a
t 5 M "W
January 8, 2003 "It�*
D W UATLINU, ING 11C
Pap IC
CLOSURE STATEMEIT
Applicant's Name TL.. 1, � � - � � -SL �---
List All Current
Property Owners H _ 1 F_�� !„ _
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION! list ali officers of the Corporation below
(Attach list if necessary)
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)
im Check mere if the property owner is NOT a corporation partnership firm or other
unincorporated oranation
If the applicant is not the current owner of the property, complete the Applicant Disclosure
section below
APPLICANT DISCLOSURE
If the property owner is a CORPORATION list all officers of the Corporation below
(Attach list if necessary)
1f the property owner is a PARTNERSHIP, FIRS! or other UNINCORPORATED
ORGANIZATION list all members or partners in the organization below (Attach list
if necessary)
a Check here if the property owner is NOT a corporation partnership firm► or other
unincorporated organization
CERTIFICATION !certify That the information contained herein is true
and accurate
r
Signature
Conditional Use Permit Application
Paige 8 of 1
Print Name
Planning Commission Agenda
January 8.20
D W GATLI G, INC 1
Page 11
r
D w Gatlincr fnc
Conditional Use Perrmt
South side of Haygood Road
District
Bayside
Jnury 81, 200.`3
CONSENT
400 feet east of Aragona Boulevard
Dorothy wood The next item is Item #10 D w atling, Inc It s a Conditional Use
Pe rm for a rmni-warehouse on the south side f H r od Road, east f E r na
Boulevard in the Bayside District with se% en conditions
J butter Yes ma'am For the record my name is R J Futter F m an attom y
representing Mr Gaffinor And we have no objections to the conditions and we
appreciate your vote of confidence
Dorothy wood Thy you Is there any opposition to D ' i Gathna for a Conditional
Use Perin for a rruni-warehouse" Hearing none i would move to approve this item on
the Consent agenda nurn h r 10 with seven conditions No o po itjon
Donald Ripley We have a motion to approve the Consent agenda for the item so read
Do I have a second'
Eugene Crabtree 111 second it
Ronald Ripley Seconded by Gene Crabtree Dot would you like to have some
discussion`
Dorothy wood Yes Mr Din i% ould y ou please explain Item # 109
William Din And the last item I will be speaking on is Item #10, which is on a self-
storage facility Conditional Use Pernut This is in the Bayside District off of H rood
Road We felt like this was an area that was compatible with this Use The
o ner/applicant of this item also o�i ns several other facilities rn the City axed his
demonstrated a high comnutrnent to high duality in his projects and his areas are well
maintained Again, we did not have any questions or concerns about that and placed it on
the Consent agenda
Dorothy Wood Thank you
Ronald 1ple� Okay, we have a motion and a second cind unless there is other
discussion on the notion I d like to call for a vote
AYE 10 NAY 0 AS 0 ABSENT I
Item ## 10
W Gatlincr In
'acre 2
CRABTREE
AYE
SIN
AYE
R RSLEY
AYE
ATSIAS
AYE
KNIGHT
AYE
MILDER
AY
RIL Y
AYE
SALLE"
AYE
STRANGE
AYE
WOOD
AYE
Ronald Ripley By a Aote of to-o the motion passes
r.r.T Jr- C.
rpin - see appItcar:on
ZONING HISTORY
1 Rezoning ning B-2 Business District and - 12 Apartment District t
Conditional B-2 Business District) and a Conditional Use Permit (Mini -
warehouse) — Approved 5-25-99
Re nin A-1 Apartment District to o-2 Apartment District and A-1
Apartment to B-2 Business District) — Withdrawn 6-22-87
r Rezoning R- 2 Residence Duplex to R-M multiple Family Residence
and C-L 2 Limited Commercial) — Approved 13-69 Expansion f aE Nonconforming Use — Approved6-13-00
3 Replacement ement f a Nonconforming Use — Approved 3-2 -95
4 Rezoning (A-12 Apartment District to Conditional A- 18 Apartment District)
Approved 3-20-89
Conditional Use Permit(Bulk Storage — Motor Vehicles) — Approved 12-
1 -2
, � E
�r
eo
CIS' OF VIRGINIA BEACH
AGENDA ITEM
ITEM CCT, L C — Conditional Use Permit
MEETING DATE February 11, 2003
■ Background
An Ordinance upon Application of CCT, L C for a Conditional Use Permit for
mini -warehouses on the north side of Virginia Beach Boulevard, approximately
130 feet east of Shipp Lame (GPIN 2417269170, 2417269553, 2417364305)
Said parcel contains 9 73 acres DISTRICT 6 — BEACH
■ Considerations
It is the intent of the applicant to obtain a Conditional Use Permit for mini -
warehouses on the site A previously approved Conditional Use Permit for the
same use expired in February 2001 The Conditional Rezoning approved on the
site in May 1999 limits the use of the site to self -storage facilities
Two important factors to consider with this request are the proposed use and the
appearance of the site Due to the site's location in the highest AICUZ and
Accident Potential Zone, a mini -warehouse facility is an appropriate use for this
site
In terms of appearance, the site is in an area along Virginia Beach Boulevard that
needs aesthetic enhancements This fa ilfty will enhance the overall appearance
of this area The proposed buildings are attractive one-story structures with a
balanced blend of split face block and metal in earth tone colors The proposed
landscaping exceeds requirements for street frontage and foundation
landscaping on the front of the site The proposed dense blend of shrubs along
the property lines adjacent to residential uses will provide a more than adequate
buffer
The Planning Commission placed this item on the consent agenda because the
proposed facility will contribute to the enhancement of this area Staff
recommended approval There was no opposition to the proposal
■ Recommendations
The Planning Commission passed a motion by a recorded vote of 1 -0 to
approve this request with the following conditions
C CT
Page 2 of 3
1 The site shall be developed in accordance with the site plan entitled,
"Preliminary Layout Plan for Self Storage Facility, Virginia Beach,
Virginia' dated 1 -1 - 2, prepared by Site Improvement Associates, Inc
Said plan is on file in the City of Virginia Beach Planning Department
2 All site improvements shall remain at least sixty feet ' from the
top -of -bank Top -of -hank is referenced on the site plan as " PA Liner'
With the exception of the outfall, the stormwater management facility shall
not be located within 60 feet of the top -of -bank This undisturbed area
shall remain in a natural state to include leaf litter left intact The outfall
may require a Joint Permit Application submission to the applicable
federal state, and local tidal wetlands authorities
Dual erosion and sediment controls shall be installed prior to any land
disturbance 50 feet from the top -of -bank In addition, orange safety
fencing shall be installed to delineate the limits of construction
Landscaping shall be installed as indicated on the submitted plan titled
"Preliminary Layout Plan for Self Storage Facility, Virginia Beach
Virginia", dated 11 -1- 2 prepared by Site Improvement Associates, Inc
Said plan is on file in the City of Virginia Beach Planning Department
The buildings shall be constructed substantially in conformance with the
submitted elevation titled "A Proposed Self Storage Facility for CCT, LLC,
Virginia Beach Boulevard, Virginia Beach, Virginia", prepared by Martin
Martin Architecture Inc Said elevation is on file in the city of Virginia
Beach Planning Department
conservation easement, subject to the approval of the Environmental
Management Division of the Planning Department, shall be recorded over
the wetland areas of the site
All exterior lighting, as shown on the elevation shall be low intensity and
residential in character According to Section 237 of the City Zoning
Ordinance, all outdoor lights shall be shielded to direct light and glare onto
the mini -warehouse premises said lighting and glare shall be deflected,
shaded, and focused array from all adjoining property Any outdoor
lighting fixtures shall not be erected any higher than 14 feet
The storage units shall be used only for storage of non -hazardous goods
The units shall not be used for office purposes, band rehearsals,
residential dwellings, or any other purpose not consistent with the storage
f on -hazardous goads
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 surrounding the
property
CCT
Page 3 of 3
0 Attachments
Staff Review
Disclosure Statement
Planning Comrnission Minutes
Location Map
Recommended Action Staff~ recommends approval Planning Commission recommends
approval
Submitting Department/Agency Planning Department
City Manager L%. t4lok
CCT, L.C. / # 13
January 8. 2003
General Information:
APPLICATION
NUMBER K06-212-CUP-2002
REQUEST Conditional Use Permit for Mint -Warehouses
ADDRESS The North side of Virginia Beach Boulevard, 130 feet East of Shipp
Lane
Map���_�_ rr.T r_�
■
IPA �
GPIN 24172 1700000
241723000
24173 430 0000
ELECTION
DISTRICT - E CH
ptn — see appltcarron
Planning Commission Agenda r
January , 2003
��--- �
C CT, L. C 1
Pave 1
SITE SIZE 9 73 acres
STAFF
PLANNER Faith Christie
PURPOSE To construct a mini -warehouse facility on the site
Major Issues:
0 Compatibility with surrounding uses
Consistency f proposal with the Comprehensive Plan
Land Use, Zoning, and
Site Characteristics:
Existina Land Use and Zoning
The site is heavily wooded and is
currently undeveloped The property as
zoned Conditional B-2 Community
Business District
Surrounding Land Use and
Zon�n r r
North Apartments A- 18 Apartment District
South Virginia Beach Boulevard
Across Virginia Beach Boulevard is mixed
residential and commercial uses B-2 Community
Business District and P- S Residential
East Birdnek Creek
East of BNrdneck Creek, apartment A-12
Apartment District
BE -
Planning Commission Agenda
January 8.2
Page
West Mined residential uses A-12 Apartment District
and B-2 community Business District
Zoning Histou
The site was rezoned from R-D 2 Residence Duplex to R-M Multiple Family Residence
and C-L 2 Limited Commercial in January 1969 A request to rezone the subject site
from -1 Apartment District to -2 Apartment District and -2 Community Business
District was withdrawn in 1987 The site was rezoned from B-2 community Business
and A-12 Apartment to Conditional B-2 and a conditional Use Permit for a mini
warehouse facility was approved in May 1999 The prefer agreement contained two
proffers
1 The Grantor shall develop the Property for the sole purpose of construction and
operation of a self -storage facility containing 78,200 square feet including an
office facility and one residence unit for an employee of the facility owner
2 The Grantor covenants and agrees that 1 the Zoning Administrator of the City
of Virginia Beach, Virginia, shall be crested with all necessary authority on behalf
of the governing body of the city of Virginia Beach, Virginia, to administer and
enforce the foregoing conditions, including 1 the ordering in writing of the
remedying of any noncompliance with such conditions, and the bringing of legal
of legal action or suit to insure compiiarnce with such conditions including
mandatory or prohibitory injunction, abatement, damages or other appropriate
action, suit or proceedings, 2 the failure to meet all conditions shall constitute
cause to deny the issuance of any of the required building or occupancy permits
as may be appropriate, 3 if aggrieved by any decision of the Zoning
Administrator made pursuant to the provisions of the City Code, the CZO or this
Agreement, the Grantor shall petition to the governing body for the review thereof
prior to instituting proceedings in Court, the Zoning Map, shown by an
appropriate symbol on the map, the existence of conditions attaching to the
zoning of the subject property on the map and that the ordinance and the
conditions may be readily available and accessible for public inspection in the
office of the Zonfng Administrator and in the Plann(ng Department, and that they
shall be recorded in the Clerk's Office of the circuit court of the City of Virginia
Beach, Virginia, and indexed in the naive of the Grantor and Grantee, and (5)
further conditions may be required by the Grantee during detailed subdivision
and site plan review and the administration of applicable City Codes by all
relevant City agencies and departments to meet all applicable City Code
requirements
The following conditions were attached to the Conditional Use Permit
Planning Commission Agenda
January , 2003
c CT, L c 1
Page
The site shall be developed in accordance with the site plan entitled, "Preliminary
Layout for American Classic self Storage Facilities," dated 3-26-99, prepared by Site
Improvement Associates, Inc which has been exhibited to City Council and is on file
with the Virginia Beach Planning Department The site plan may be revised to
accommodate a 1 ' buffer along property lines abutting A-12 zoning if a variance is
not granted by the Board of Zoning Appeals However, all warehouse buildings must
remain at least sixty feet 0 from the top -of -bank Top -of -bank is referenced on the
site plan as "RPA Line "
2 There shall be no land disturbance within 50 feet of the top -of -bank With the
exception of the outfall, the storrnwater management facility shall not be looted
within 50 feet of the top -of -bank This undisturbed area shall remain in a natural
state to include leaf litter left intact The outfall may require a Joint Permit Application
submission to the applicable federal, state, and local tidal wetlands authorities
3 Dual erosion and sediment controls shall be installed prior to any land disturbance
50 feet from the top -of -bank In addition, orange safety fencing shall be installed to
delineate the limits of construction
Landscaping shall be installed as indicated on the submitted landscape plan
prepared by Kathleen Zeren, dated 3-30-99, which has been exhibited to City
Council and is on file with the Virginia Beach Planning Department
The architectural design and materials of the office manager residence building shall
be constructed as depicted in the submitted enlarged photograph The front gates
shall be black aluminum metal "wrought iron' style
Only one entrance shall be pernmytted to the site This entrance shall be 30 to 40 feet
,n width, with a radius of 25 feet
These conditions shall be noted on the final site plan
Two zoning variances were approved on the site in 1999 for a six-foot side yard setback
along the east, west, and south property lines and to waive the Category Iv screening
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ of more than 75dB Ldn and an Aircraft Accident Potential Zone
1 (APZ1) surrounding NAS Oceana Mini warehouse facilities are an appropriate use in
this AICUZ area
Planning Commission Agenda
January 8., 2003
CCT , L C 13
Page
Natural Resource and Physical Characteristics
The majority of this site is heavily wooded and contains areas located within the
Resource Protection Area as defined by the Chesapeake Bay Preservation Area
ordinance In order to comply with the ordinance, the applicant has located all
development outside of the seaward fifty feet of the Resource Protection area The
applicant is willing to dedicate a conservation easement over the wetland and
Chesapeake Bay protection areas
Public Facilities and Services
Water and Sewer
Dater There is a 1 - in h water main in Virginia Beach Boulevard fronting
the site The site must connect to City water
Sewer There is an eight -inch sanitary sewer main in Virginia Beach
Boulevard fronting the property The site must connect to City
sewer A pump station and sewer analysis will be required to
ensure adequate capacity for new flows
Transportation
Master Transportation Plan (MTP) /Capital Improvement Program (CAP)
Virginia Beach Boulevard in front of this site is a minor urban arterial roadway It is
designated as a four lane divided roadway on the Master Transportation Plan A
right of war reservation may be required during detailed site plan review There are
no plans to improve the right of war it is suggested that the entrance to the site
should align with St Paul Street
Traffic Calculations
Street Marne
Present
Present
Generated Traffic
Volume
Capacity
1 4
Existing Land Use 1
Virginia Beach Boulevard
� 5
DT
1
ADS
Level oi
�
Proposed Land U 1
Planning Commission Agenda
January 8, 2003
Page
Service
to D
"-verage Daily Trips
2 as defined by B 2 Zoning
3 as defined by Mini Warehouse
Public Safetv
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 as
they pertain to this site
Fire and A Certificate of Occupancy shall be obtained before occupancy
Rescue or use of the buildings The storage units shall he used only for
storage of non -hazardous goods The units shall not be used
for office purposes, band rehearsals, residential dwellings, or
any other purpose not consistent with the storage of goods
For the purpose of Fire Department access the site shall be
equipped with the Knox or Supra fey system Gates shall have
fail-safe operation in the event of a power failure
The minimum fire lane width shall be not less than 20 feet
Additional fire lanes and proposed locations of fire hydrants will
be reviewed during detailed building plan review
Comprehensive Plan
The Comprehensive Plan Map recommends this area for retail, service, office and other
compatible uses within commercial centers serving surrounding neighborhoods and
communities
Summary of Proposal
Progosal
It is the intent of the applicant to obtain a Conditional Use Permit for mini -
warehouses on the site A previously approved Conditional Use Permit for the
Planning Commission Agenda
,January 8, 2003
C CT, L C / ## 1
Page
same use expired ,n February 2001 The Conditional Rezoning approved on
the site in May 1999 limits the use of the site to self -storage facilities
Site Design
The submitted site plan depicts sic rectangular mini -warehouse buildings, an
office/manager residence and a stormwater management facility A six space
parking area fronts Virginia Beach Boulevard, and a single 0-foot entrance
serves as the access to the site
A portion of this site is located within the Chesapeake Bay Preservation Area
The plan denotes the top -of -bark (referenced as the Resource Protection
Area [RPA] lire) and the - foot buffer from this lire The Chesapeake a Bay
Preservation Act strictly prohibits any land disturbance within this "seaward 50
foot buffer " The buildings are situated 60 feet from the top -of -bank in order
to ensure that no land disturbance occurs in the protected area The applicant
has indicated to staff that they are willing to place a conservation easement
over the wetland areas
Although the site has a variance to encroach up to s« feet into the required
setbacks along the western, eastern, and southern property lines the
buildings have been located at the required 1 -foot setback
Vehicular and Pedestrian Access
single access from Virginia Beach Boulevard is depicted on the site plan
There are no sidewalks in this area of Virginia Beach Boulevard
On -site maneuvering appears to be adequate with a minimum 3 -foot drive
aisle between and around the buildings
Architectural Design
The submitted elevation depicts an attractive one story building of dark brown
split face Nock, tan and white metal, and tarp roof A wrought iron style fence
and gate is depicted between the front buildings
Planning Commission Agenda
January , 2003
C CT, L c 1
Page
Landscage and Oxen Sc. Desi r
Street frontage landscaping, while not required, is shown as a mix of crape
myrtle trees and Chinese juniper shrubs Foundation screening is depicted
across the entire front of the buildings, except at the entrance, facing Virginia
Beach Boulevard Three evergreen trees are depicted in the front yard area of
site
A rover of alternating Hollywood juniper and wax myrtle are located along the
western, eastern and southern property lines, abutting the residential uses
Both of these plant types provide excellent screening The height of both
types of plants at installation will be 3 to 4 feet At maturity, Hollywood
junipers can reach 25 feet, and wax myrtles can reach 15 feet This
landscaping, combined with the building wall serves as the Category V1
landscaping for mini -warehouses required in Section 2 b of the Zoning
Ordinance and the Category IV landscaping required when cornrnervai
districts abut residential or apartment districts (section903(b))
Evaluation of Request
The request for a Conditional Use Permit for mini -warehouses is acceptable sub)ect to
the conditions listed below Two important factors to consider with this request are the
proposed use and the appearance of the site Due to the site's location in the highest
AICUZ and Accident Potential Zone a mini -warehouse facility is an appropriate use for
this site
In terms of appearance, the site is in an area along Virginia Beach Boulevard that needs
aesthetic enhancements Recent nt improvements in the area include a new neighborhood
retail strip center further west of the site, at the intersection of Dozier Lane and Virginia
Beach Boulevard A Conditional Use Permit for the bulk storage of motor vehicles
directly across Virginia Beach Boulevard from the site was approved in December 2002
Required improvements to that site include fencing, landscaping and painting the
building This facility will enhance the overall appearance of this area The proposed
buildings are attractive one-story structures with a balanced blend of split face block and
metal in earth tone colon The proposed landscaping exceeds requirements for street
frontage and foundation landscaping on the front of the site The proposed dense blend
of shrubs along the property lines adjacent to residential uses will provide a more than
adequate buffer The mini -warehouse buildings will be virtually hidden from the road
and neighboring properties by dense landscaping
Planning Commission Agenda
January 8, 2003
CCT, Lc #18
Page 8
Staff recommends approval of the Conditional Use Permit request for mini -warehouses
subject to the following conditions
Conditions
1 The site shall be developed in accordance with the site plan entitled, "Preliminary
Layout Plan for Self Storage Facility, Virginias Beach, Virginia", dated 12-1 -02,
prepared by Site Improvement Associates, Inc Said plan is on file in the City of
Virginia Beach Planning Department
2 All site improvements shall remain at least sixty feet o' from the top -of -bank
Top -of -bank is referenced on the site plan as "RPA Line" With the exception of
the outfall, the stormwater management facility shall not be located within 60 feet
of the top -of -bank This undisturbed area shell remain in a natural state to include
leaf litter left intact The outfall may require a Joint Permit Application submission
to the applicable federal, stater and local tidal wetlands authorities
3 Dual erosion and sediment controls shall be installed prior to any land
disturbance 50 feet from the top -of -bank In addition, orange safety fencing shall
be installed to delineate the limits of construction
Landscaping shall be installed as indicated on the submitted plan titled
"Preliminary Layout Plan for Self Storage Facility, Virginia Beach, Virginia", dated
11-1 - 2, prepared by Site Improvement Associates, Inc Said platy is on file in
the City of Virginia Beach Planning Department
The buildings shall be constructed substantially in conformance with the
submitted elevation titled "A Proposed Self Storage Facility for CCT, LLC,
Virginia Beach Boulevard, Virginia Search, Virginia", prepared by Martin & Martin
Architecture, Inc Said elevation is on file in the City of Virginia Beach Planning
Department
A conservation easement, subject to the approval of the Environmental
Management Division of the Planning Department, shall be recorded over the
wetland areas of the site
All exterior lighting, as shogun on the elevation, shall be lover intensity and
residential in character According to Section 237 of the City Zoning Ordinance,
Planning Commission Agenda
January 8, 2003
CCT, L c 1
Page
all outdoor lights shall be shielded to direct right and glare onto the mini -
warehouse premises, said lighting and glare shall be deflected, shaded: and
focused away from all adjoin(ng property Any outdoor lighting fixtures shall not
be erected any higher than 14 fleet
The storage units shall be used only for storage of non -hazardous goods The
units shall not be used for office purposes, s, band rehearsals, residential dwellings,
or any other purpose not consistent with the storage of on -hazardous goods
9 No barbed wire razor wire, or any other fencing devices shall be installed on the
roof or wails of the building or on the fence surrounding the property
NOTE Further conditions maybe 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 ion Agenda
January 8. 2003
CCT,LC1
Page 1
9�r MID-w wo 29 OWN -AS UN r V +
sir s r�r � +art ��■ q I a
a a M4 so% 90"mod Gomm IN
IN
z
5
LLI
F*
Lid
cc
0
L
0
06
FIf-ZEI
u
r
r
PROPOSED SITE PLAN
L
Planning Commission nda <°
January 8, 2003.
Page 11
z
z
0
L
0
L
PROPOSED BUILDING ELEVATION
Planning Commission Agenda
January 8, 2003
CCT, LC 1
Page 1
Yd * Hwy p Mpr • 6 r� dkil4 r
lw
/iL
* l
• . do
lb
}■j 6 r � A J
"7 U + fF PUN
.k
dp
F
Y
dd r 4 r ,
31
w ` _4T
.. . �,.'� - w; ce � � y � • + • ,.
Ar
� .� -mot + " �. '"� � `. � i� •'° hx.
• -max '$(' w - +. �` �} •w y y , '► y
'+rear . � � � �� r i • �` Ya..� a. � *�
r- r
'Lane- a
■ s , x' - +
pf
-77
■
rt
�,qv.
IffIf
x ,
Air
10
- i E
r f1' i y y%
F¢+ � �'' � f � � f�� ��' �_�•� { T � V din � � � � +dw � a.
APPLICATION PA!rF<l1F4
` f CONDMONALUSE)PERMff�`A
DISCLOSURE STATEMENT
App ata Nam= CCT L
f Lim AU Cwredt
PropmyOwavm CCT L
3031 LWk Island Rd
iVirgma BaKh A 23456
ft0PKRTY0WNMDWcL0SM
If an prvp=ly awnwts a CORMRATION ba Al officers of the Cmpmatm b w (Agack Aff r mcesmy
If the pmoperty aw=x is a PAR7NMH[P FUtM, or otbar UNCORPORATM 0frvAMMATIOMaff
Juba Cgbra. AdanagiAg b4cmbw
Ie$tey Cbm Nimagong Ukmbc--r
E] QvA here if ft pmpaly ow= is NOT a aarponmon, ShW firm, or otter M PUN
If ft appall % at the c=ma v%md of tba pW" wwpl�ft The Apo shim btkW
If The gape ty ow=mr is a CORFORAMON ha all offlorrs of the Coq xaftm bdaw Maack ha if ac +)
If the pM= ty ownw rs a FMK or of 'U?(COItMRATKD ORGAIGMTION ho A
membas of s U the v, S below onach li-Ar if acc"MY;
C1 Cbc%* hem tftbe props* owism a NOT a aacporat�au, put= I p or oO= unuu pommd o.
ATION I aff4fy tit IJrc keran Aw trxe and acwtaft
lAr
Prmt Na=
Planning Commission Agenda
January 8, 2003
CCT, LC #1
Page 1
C l , L C
Conditional Use Pemut
North side of Virginia Beach Boulevard 1 feet
east of Shipps Lane
D1 strict
Beach
January 8 1~003
CONSENT
I orothY Wood The De X t 1teM Is Item #13 CCT Lirmted Liability Corporation It is for
a Conditional Use Permit for mini -warehouses n the north side of Virginia Beach
Boulevard in the Beach District with three conditions
Robert Sawyer Good afternoon members of the Plannir r Commission My name is
Robert Sawyer I m a civil engineer with Site h nprovernent Associates the applicant's
representative I have read the conditions and have no objections and they accept the
conditions I m here to answer an), question
Dorothy Wood Is there any opposition to Item #13 Conditional Use Application for
mini-warehouse`s Hearing none I would move to approve this item on the Consent
agenda number 1 with nine conditions No opposition
Donald Ripley we have a motion to approve the Consent agenda for the item so read
Do I have a second 9
Eugene Crabtree 111 second it
lonld Ripley Seconded by Gene Crabtree Dot would you like to have some
discussion I
Dorothy Food Thank you Joe wou I d you pease comment on Item # 13 CCT`
Joe Strange Sure Item #13 is an application for ar Pe=1 for a rrnni-storage warehouse
This is located in an area where the AICUZ is zoned 75 so we felt this was a very
appropriate place for a mini -warehouse It s sitting way back off the road It s 1n n area
that needs a lot of aesthetic improvement hich the applicant is willing to make There
was no opposition and was approved by the staff
Ronald l iple of aN we have a motion and a second and unless there is other
discussion on the motion I d lil e to call for a vote
AYE 10 NAY 0 ABS 0 ABSENT 0
CABTEE AYE
DIN AYE
Item #13
T, L
Pane2
0
HRSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RILEY
AYE
SALL "
AYE
STRANGE
AYE
WOOD
AYE
Ronald Ripley By a vote of 1 - , the motion pauses
qjrqW r .I in 7______I
UPI" 14OD-Ja--110i
ZONING HISTORY
1 Conditional Use Permit (church) 7/3/89, Conditional Use Permit (church
addition) 3/22/94
2 Conditional Use Permit (church) 3/16/87
LA
46
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Rope Lutheran Church — Conditional Use Permit
MEETING DATE February 11, 2003
a Background
An Ordinance upon Application of dope Lutheran Church for a Conditional Use
Permit for a church (addition) on the north side of Providence Road,
approximately 540 feet west of Walton Drive (GPIN 1466355165) Said parcel is
located at 5350 Providence Road and contains 5 25 acres DISTRICT 2 —
KEMPSVILLE
The purpose of this request is to install a modular building on the site to be used
for three classrooms
N Considerations
The site plan shows that the modular unit will be Traced in a grassed area on the
wrest side of the church building, approximately 70 feet behind the front of the
building The unit will he set back more than 20 feet from Providence Road
The nodular unit measures 1, 50 square feet and will include a deck and
handicap ramp The applicant has stated that new vinyl siding will he provided
on the exterior of the modular unit The building will be divided into three
classrooms, each with a separate doorway and windows
The unit is currently hung storedon-site in the parking area If the Conditional
Use Permit is not approved the church is aware that the unit must be removed
f rom the site
The Planning Commission placed this item on the consent agenda because the
dinar unit is an addition to an established use and placement of the unit will be
unobtrusive to the surrounding area Staff recommended approval There was
no opposition
111 Recommendations
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions
1 A site plan must be submitted to the Development Services Center
showing location of building and deck/handicap ramp, specific landscape
Hope Lutheran Church
Paget eft
plantings and tree protection for remaining trees during construction Site
plan approval must be obtained in addition to all necessary permits,
inspections and a Certificate of Occ upan y from the Pe rm its and
Inspections Division of the Planning Department
Skirting around the base and vinyl siding on the exterior of the unit small
be of a neutral color and shall be installed prior to occupancy
3 The modular unit (trailer) is approved for a period not to exceed five (a)
years
■ Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Neap
Recommended Action Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency Planning Department
City Manager rIc <'�q ek�
HOPE LUTHERAN CHURCH ! # 231
January 8, 23
General information:
APPLICATION
NUMBER C08-210-CUP-2002
REQUEST Conditional Use Permit for a church addition (modular building)
ADDRESS 5350 Providence Road
%A —� r- S 1ww w y .01 IN ,
rjap+rN t J-0 a novel lamer n numn
IF
�■ r .-
P
dy- .
pi
t 171
�• r
GPIGPIN 1466-35-5165
ELECTION
DISTRICT 2 — KEMPSILLE
Planning Commission Agenda
January 8, 2003
HOPE LUTHERAN CHURCH 3
Page 1
SITE SIZE 5 25 acres
STAFF
PLANNER Barbara Duke
PURPOSE To install a modular building on the site to be used for three
classrooms
APPLICATION This request was deferred at the December 2002 hearing due to the
HISTORY required public notice sign not being posted
Major Issues:
lb Degree to which the proposal is compatible with surrounding area
Land Use, Zoning,
and Site
Characteristics:
Existina Lard Use and Zoning
There is an existing church building
on the site and the site is zoned R-
Residential District
Surrounding Land Use and
Zoning
North
0 Slagle family homes R-7 5 Residential District
South
9 Providence Road, across Providence Road is a
church and single family homesR-7 5 Residential
District
East
0 Church/R-7 5 Residential District
West
• Single family homes R-7 5 Residential idential District
Planning Commission Agenda
January 8, 2003
HOPE LUTHERAN CHURCH / # 23
Page 2
Zonina History
The current church obtained a use permit for the sanctuary in 1989 In 1994, a
conditional use permit for a fellowship hall addition was granted Conditions regarding
landscaping and stormwater management were attached to these use permits All
conditions have been yet
Air Installation Comoatible Use Zone (AICUZ
The site is in an AiCUZ of less than fiSdB Ldn surrounding NAS Oceana
Natural Resource and Phvsical Characteristics
The site contains a church building and parking lot There are some scattered mature
pine trees and other landscape plantings in the front and along the west side of the
church building On the northern end of the site, there is a little over an acre of property
that is not developed This area contains several mature trees also
Public Facilities and Services
Water and Sewer
The site already has a connection to City water and sewer
Public Safe!y
Police The applicant is encouraged to contact and work with the
Creme Prevention Office within the Police Department for crime
prevention techniques and Came Prevention Through
Environmental Design (OPTED) concepts and strategies as
they pertain to this site
Fire and A Certifrca►te of Occupancy must be obtained for the unit #ram
Rescue the Building Code Official If the unit is used to provide care for
children under the age of 2 ' years, there will be special
requirements pertaining to fire and life safety These
requirements are based on the number of children n the unit
and will be determined by the Building Code Official
Planning Commission Agenda
January 8,, 2003
HOPE LUTHERAN CHURCH # 23
Page 3
Comprehensive Plan
The Comprehensive Plan recognizes this area as a stable residential area
Summary of Proposal
Proposal
• The church wishes to locate a modular unit (trailer) on the site to be used for
classrooms
The modular unit will not have running water or restroorns The existing
restroorns in the main building will be utilized
0 The modular unit will be accessible to handicap persons
Site Design
The site plan shows that the modular unit will be placed in a grassed area on
the west side of the church building, approximately 70 feet behind the front of
the building The unit will be set back more than 200 feet from Providence
Fad
The modular unit measures 1 a850 square feet and will include a deck and
handicap ramp
Vehicular and Pedestrian Access
There will be no changes to vehicular access and circulation with this
proposal
Pedestrian access to the trailer will be through the ruin building A handicap
ramp and sidewalk will be provided on the north side of the trailer to connect
to the doorway on the main building
Planning Commission Agenda
January 8, 23
HOPE LUTHERAN CHURCH # 23
Pave
Architectural Desi Ln
The applicant has stated that new vinyl siding will be provided on the exterior
f the modular unit
The building will be divided into three classrooms, each with a separate
doorway and windows
Landscape and Open Space Des]gn
To locate the unit where it is proposed, at least three mature pine trees will
need to be removed
There is an existing buffer of large shrubs and some large trees along the
western property line of the church, adjacent to the single family homes, that
will serve to screen the modular unit from the neighborhood's view
The applicant has proposed to plant shrubs around the front and unrest side of
the modular unit
Evaluation of Request
The request for a Conditional Use Permit for a church addition (modular unit /trailer) is
acceptable The unit is currently being stored on -site in the parking area If the
Conditional Use Permit is not approved, the church is aware that the unit must be
removed from the site The unit will be used for classrooms It is recommended that
this request be approved with the following conditions
Conditions
site plan must be submitted to the Development Services Center showing
location of building and deck/handicap ramp, specific landscape plantings and
tree protection for remaining trees during construction Site plan approval must
be obtained in addition to all necessary permits, inspections and a Certiti ate of
Occupancy from the Permits and Inspections Division of the Planning
Department
Planning Commission Agenda
January 8, 2003
HOPE LUTHERAN CHURCH / # 23
Page 5
2 Shirting around the base and vinyl siding on the exterior of the unit shall be of a
neutral color and shall be installed prior to occupancy
3 The modular unit (trailer) is approved for a period not to exceed five (5) years
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
, L B C
Planning Commission Agenda
January S, 2003
HOPE LUTHERAN CHURCH / # 23
Page 6
Plans and Supporting Graphics
ri-ko 00 fA wZ 0Boi(,De0j&--1,TI
Planning Commission Agenda
January 8, 2003
HOPE LUTHERAN CHURCH / # 23
Page 7
IA a&AC
%M
�Wqu
C, I �If
O
Planning Commission Agenda
HOPE LUTHEft
page
ago
bNk
Ado
jlp
lot
Fj
iv
Planning Commission Agenda
January 8, 2003
HOPE LUTHERA I CHURCH 3
Page 1
Disclosure Statement
APPLI ATI" 4 Pr1 E 4 OF 4
CONDITIONAL USE PEST
ICY OF VERGTANLA, BEACH
DISCLOSURE STATEMENT
1- , c t
Applicaut N _
IL
Lst All Current
Property Owners
MOPERTY vANER DIS LOSURE
U ncC }IMPCrr) oVrn" :s a CDMRA n ON ir51 all oflGiccr, of tic CuW3aion b6ou 1.1nacn +sr f necef i n �
If the property owner is a FARVE tSHJP FIRK or athn TL NINCDRF0 T-MORGANI LATI 01% r
al? inembcr5 ur putncrs in the organizzuou below Wrach /in rf necessar%)
Creek Bert rf the prDpent owner is NOT a orporation putncrsh p f rm or nth= unity o rarcci
organ:zau011
If ike appI cant is not the currera owner pf the property compkto the Appflcant Vuriarwre seenoti belol,
APPLICANT DisuosuRE
IF thL p]I anE :s a CORF0RATION lisi a]I off-mvs of Lhc Corporza ion b0cu (Avac F lin q tie essory)
If I& applic=t s a P ARTNERMP FIRM or W= UNINC RPORA'iED ORGANM-%TIO 1 ilsE all
iiiernbm Orr pmanm in Lbe orgamsauan bolo% (ArracA Misr Jf 1tecc.;dAry)
Ll Chor k hm of tl,e applicant rs NOT a carporarion par nenh,p nnLi or other un i ncorpam rcd orzarn,ta{ can
UTWI ANION 14 erttb ItW ght tnforMa qffTonfa1ng ere tn LS true and accurate i
i
jr
Planning Commission Agenda
HOPE LUTHERAN CHURCH 1 # 2
Page 11
Dope Lutheran Church
Conditional Use Permit
5350 Providence Road
District
Beach
January 8, 2003
CONSENT
Dorothy Wood The next item is Kern #3 the Hope Lutheran Church It's an Ordinance
Application for a C ndmon l Use Perni-it for a church addition in the Kempsville District
with three conditions
Step e Powell Mr Chairman Ladies and Gentlemen of the Conu mssion We have no
problems with the conditions at all My name is Steve Powell I m a legal trustee of the
Lhurch at Hope Lutheran, 5350 Providence Road
Dorothy wood Thank you sir Is there any opposition to the Dope Lutheran Church
Conditional Use Pear 9 Heanna none I would moie to approve this item on the
Consent agenda number 23 with three conditions No opposition
Ronald Ripley we have a motion to approve the Consent agenda for the item so read
Do I have a second'
Eugene Crabtree 111 second it
Ronald Ripley Seconded by Gene Crabtree Dot would you like to have some
discussion`s
Dorothy wood Thank you Ron, would you please corament on Item #23 Mope
Lutheran Church �
Ronald R-1plev Well Item #23 Hope Lutheran Church is a routine matter The church
wants to put a temporary classroom buildxn� next to it's main church and it s set hack
well off the road and it s landscaped well And we sa it as a routine matter We had it
on the Consent agenda last month but the applicant had failed to post its sign so we
deferred it lust llle we did a couple of other ones earlier okay we have a motion and a
second and unless there is other discussion on the motion I d like to call for a ). ote
AYE 10 NAY 0 ABS 0 ABSENT
CIBTIEE
AYE
DIN
AYE
NOBLE'
AYE
KATSIAS
AYE
KNIGHT
AYE
Item
Hope Lutheran Church
Pate
MILLER AYE
RIPLEY AYE
SALLE' AYE
STRANGE AYE
WOOD AYE
Ronald Ripley By d Grote of t o- , the motion passes
� I
--ter
--ti
.-Y
I
L.Petaware ziuw j.,easinz
.. ...... ...... .... .......... .
r C1 ++ f
ll ���r I I i
G)
rDA
ti
C1 0
x
Gpt 07-70,
ZONING HISTORY
1 Conditional Use Permit (motor vehicle sales) —Granted 11-1 3-01
Conditional Use Permit (automobile repair garage) —Granted 4-28-98
2 Conditional Use Permit (automobile repair &bulk storage) —Granted 8-28-
01
Conditional Use Permit (automobile repair garage) —Granted 3-30-89
3 Conditional Use Permit (motor vehicle sales &truck yenta!} — Granted 11 -
9-99
4 Change of Zoning (R-7 5 Residential District to B-2 Community Business
District) —Granted 3-10-98
5 Conditional Use Permit (motor vehicle sales) —Denied 11-28-95
6 Conditional Use Permit (motor vehicle sales) —Granted 2-2-87
7 Change of Zoning (R-6 Residential District to F3-8 Residential District) —
Denied 4-7-$6
Change of Zoning (R-6 Residential District to R-8 Residential District) —
Granted 8-15-83
8 Conditional Use Permit (automobile service station) —Granted 11-22-82
9 Conditional Use Permit (automobile repair garage) —Granted — 7-12-82
eo
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Delaware Auto Leasing — Conditional Use Permit
MEETING DATE February 11, Zoo
s Background
An ordinance upon Application of Delaware Auto Leasing for a Conditional Use
Permit for used auto sales on the north side of Virginia Beach Boulevard, 240
feet more or less oast of entrance to R- 64 (GPIN # 2467-66-7 6 Parcel is
located at 1780 Virginia Beach Boulevard and contains 1 01 acres more or less
DISTRICT 6— BEACH
The purpose of this request is to operate a used oar lot for up to 18 cars for sale
at one time
■ Considerations
There is an existing auto repair facility on the site A portion of the existing
building is vacant and is designed and constructed to be a separate unit The oar
sales facility is proposing to use this separate unit as its office space The
applicant proposes to lease this 1,000 square foot unfit at the western end of the
existing building facing Virginia Beach Boulevard
The site is developed with two (2) one-story, buildings An auto repair facility
occupies the majority of the property The site plan depicts 44 parking spaces on
the entire 1 01 -acre site The applicant is proposing to utilize only a portion of
the property for motor vehicle sales The plan depicts 21 spaces under the lease
(two (2) handicap spaces, one (1) space for the office, and 18 spaces available
for car sales} Section 239 M states that all vehicles for sale must be at least five
(5) feet from the right-of-way The proposed plan complies with this requirement
The plan also clearly represents how traffic will flow through the site as well as
the location of striping that will help to ensure orderliness of the site
The request is in keeping with the Comprehensive Plan recommendations for this
area and is compatible with the surrounding uses
The Planning Commission placed this stern on the consent agenda due to its
compatibility with the surrounding uses Staff recommended approval There
was no opposition to the request
N Recommendations endation
Delaware Auto Sales
Page 2 of 2
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions
final site plan shall be submitted to the Development Services Center for
review of the conditions listed below prior to the issuance of any building
permits, business licenses or a Certificate of Occupancy for this
establishment
2 The final site plan shall depict the proposed arrangement of motor
vehicles for sale within a display area and the anticipated movement of
traffic through the site
The display of vehicles for sale shall be limited to the area identified on the
site plan
There shall be no more than 18 vehicles for sale or on display for sale on
the enure 1 01-acre site
Lighting Plan shall be submitted with the final site plan for review and
approval
o additional freestanding signage shall be permitted
■ Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency Planning Department
City Manager L W'z'
DELAWARE AUTO LEASING / # 24
January 8, 2003
General Information:
APPLICATION
NUMBER J06-210-CUP-2002
REQUEST
ADDRESS
GP1N
ELECTION
DISTRICT
SITE SIZE
Conditional Use Permit for auto sales
1780 Virginia Beach Boulevard
.............................
�-
OPEN
~�
... ... .. ...... .. .... ... .
I+j -J''7
N.
--
x. V e ti
�i
R -T ti
24076670360000
#— BEACH
1 01 acres
p:n 407-66-7036
Planning Commission Agenda
January , 2003
DELA IIAF E AUTO LEASING 4
Page 1
STAFF
PLANNER Carolyn A K Smith
PURPOSE To operate a used car lot for up to 18 cars for sale at one time
APPLICATION This application was deferred at the November 2002 public hearing at
HISTORY the request of the applicant
Mayor Issues:
• Degree ree to which the additional use complies with the Comprehensive Plan
recommendations for the area and the requirements of the City Zoning
Ordinance
Land Use, Zoning,
and Site
Characteristics:
Existing Land Use and Zoning
There is an existing auto repair
facility an the site A portion of the
existing building is vacant and is
designed and constructed to be a
separate unit This unit, that the
car sales facility is proposing to use
as office space, is currently vacant
The entire site is zoned B-2
Community Business District
Surrounding Land Use and Zoning
North aunt property, 1-2 B-2 Community Business
District
South Virginia Beach Boulevard, gas station, restaurant
B-2 Community Business District
Planning Commission Agenda
January 8, 2003
DEL_AWARE AUTO LEASING
Page
East Auto repair, tare sales B-2 Community Business
District
Hest Motorcycle sales, repair B-2 Community
Business District
Zoning History
Conditional Use Permit for automotive repair was approved by City Council in 1982
Since 1982, eight Conditional Use Permits have been granted in the vicinity of this site
for motor vehicle sales, rentals and repair
Air installation Compatible _Use Zone--(AICUZ)
The site is in an AICUZ of greater than 75dB Ldn and Accident Potential Zone II
surrounding NAS 4ceana
Natural Resource and Physical Characteristics
This site is within the Chesapeake Bay watershed There are no significant natural
resources on this site as it is almost entirely impervious
Public Facilities and Services
Water and Sewer
Water There is a 1 -inch water main in Virginia Beach Boulevard fronting
the property This site has an existing -inch meter that may be
utilized
Sewer There is an -inch sanitary sever amain in Virginia Beach lev rd
fronting the property This site is already connected to City sewer
Transgortation.
Master Transportation Plan (MTP) /Capital Improvement Program (CIP)
Virginia Beach Boulevard in the vicinity of this application is a four (4)-lane collector
roadway and is shown on the MTP as a 100-foot wide divided roadway There are
no plans to upgrade this facility according the C1P, however, a reservation may be
required during final site plan review
Traffic Calculations
Planning Commission Agenda
,January 8. 2003
ELAWAI E AUTO LEASING # 24
Page
Street lame
Present
Present
Generated Traff»
Volume
Capacity
26277
Existing Land Use-� ADT
Virginia Beach Boulevard
ADT'
�
27 300 ADT
Proposed Land Use 3— 153 ADT
"Average Daily Trips
2 as defined by office space utilized in conjunction with existing auto repair facility
as defined by the addition of car sales to the site
Public Sa�ety
Police The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for came
prevention techniques and Crime Prevention Through
Environmental Design (OPTED) concepts and strategies as
they pertain to this site While the Police Departments
comments do not guarantee acame-free environment, the
application of the concepts of OPTED will reduce the
opportunity for came to occur and will enhance the quality of
life
This site is located in the 2nd Police Precinct, Zone 224 Zone
224 is bordered by Fiat Colonial Road to the guest, Virginia
Beach Boulevard to the south, Parks Avenue and Baltic
Avenue to the east, and Laskin Road and Birdneck Point to the
north In 2001, this zone had 9,052 calls for police service,
making it the fifth busiest zone in the city The second precinct
as a whole had 52,626 calls for police service in 2001 Of the
ao 2 calls for police service in Zone 224, 1,889 incident
reports were taken In part, incident reports included larceny
from rotor vehicle — 226, destruction of private property —
209, larceny from buildings — 77, motor vehicle thefts — 53,
burglary/commercial — 34, robbery — 27, unauthorized use of a
motor vehicle — 11
Fire and Adequate — no further comments
Fescue
Planning commission Agenda
January , 2003
ELA IIARE AUTO LEASING # 24
Page
Comprehensive Plan
The Comprehensive Plan identifies this corridor as planned for retail, service, office and
other uses compatible within commercial centers serving surrounding neighborhoods
and communities
Summary of Proposal
Proposal
The applicant is proposing to utilize a portion of this site for the sale of up to
18 used motor vehicles A conditional Use Permit is required for motor
vehicles sales within the B-2 Community Business District
Site Des�gn
• The site is developed with two (2) one-story, buildings An auto repair facility
occupies the majority of the property The site plan depicts 44 parking
spaces on the entire 1 01-acre site The applicant is proposing to utilize only
a portion of the property for motor vehicle sales The plan depicts 21 spaces
under the lease (two (2) handicap spaces, one (1) space for the off ice, and 18
spaces available for car sales)
The applicant proposes to lease the 1 000 square foot unit at the western end
of the existing building facing Virginia Beach Boulevard
Vehicular and Pedestrian Access
The existing 30 foot wide ingress/egress will continue to be utilized by both
the auto repair establishment and the motor vehicle sales business No
additional vehicular access is proposed
• Pedestrian access is adequate
Planning Commission Agenda
January , 2003
DELAWARE AUTO LEASING 24
Page
. �Z41C
w
Architectural Desin
No exterior modifications to the existing building are proposed other than
modification of the existing sign on the roof of the building to reflect the
establishment's logo
There rs also space on the existing freestanding sign for the applicant t
advertise
Landscape and Open Space Design
The plan depicts the addition of shrubs within the fare foot of space
between the existing asphalt and the right-of-way There is no room to add
any additional plant material without removing existing asphalt
Evaluation of Request
The area depicted on the site plan specifically for the sales facility has 21 parking
spaces -two (2) handicap spaces, one (1) space for the office, and 18 spaces avai.labie
for car sales Section 239 (b) states that all vehicles for sale must be at least five (5)
feel from the right-of-way The proposed plan complies with this requirement The plan
also clearly represents how traffic will flow through the site as well as the location of
striping that will help to ensure orderliness of the site
Staff is recommending a condition that a lighting plan be submitted for review City staff
are concerned that lighting fixtures installed along streets or in parking areas be of
appropriate height and design as to prevent any direct reflection or glare towards
adjacent uses and public streets bighting should be directed downward, and not out
horizontally or up vertically
The request is in keeping with the Comprehensive Plan recommendations for this area
and is compatible with the surrounding uses The hours of operation are 9 oo a rn to
p rn Monday through Friday and Saturday 9 oo a m to 1 00 p nn Staff
recommends approval of the request subject to the following conditions
Conditions
Planning Commission Agenda
January 8, 23
ELA DARE AUTO LEASING
Page
1 A final site plan shall be submitted to the Development Services Center for
review of the conditions listed below prior to the issuance of any building permits,
business licenses or a Certificate of Occupancy for this establishment
2 The final site plan shall depict the proposed arrangement of motor vehicles for
sale within a display area and the anticipated movement of traff ic through the
site
3 The display of vehicles for sale shall be limited to the area identified on the site
plan
There shall be no more than 18 vehicles for sale or on display for sale on the
enure 1 01 -acre site
Lighting Dian shall be submitted with the final site plan for review and approval
No additional freestanding sinae shall be permitted
NOTE Further conditions maybe 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 Condrtronal 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
January 8. 2003
DELAWA E AUTO LEASING 1 # 24
Page
4
wr
4
IL 3
17
�}1
F
.'A
14 r
I
i
CIO �.
7
J �
7
4
4
Planning Commission Agenda
January 8, 2003
DELA ' AF E AUTO LEASING 2
Page
APPLICATION PAGE
. � CONDITIONAL USE PERMff
CFFY OF VIRGRIUA BEACH
1
DISCLOSE STTEMENT
4,pphcant s Name Z
List All Current
Property Owner
It thr, property owner :s a CORPORATION list AU o facers of the Corporation below (Auach last If eCEssar> j
ZL
if the property own-r :s a PA RTNTRSHIP F1 KNI or orhtr L IN COI PORATED 0 FRAM AT10 N I:�i
all member, or parmers in the or Aniz3uE)n below (4rtach lrsr rf necessary) '
10 Cheep here if the property owner is N OT a corporation partnership firm or o[hcr urn:ncorpora: e d
org�n�aat��r:
If the avplicant rs riot the cur" t owner of the properly complete dye Appiwani Dwlosure seciz on beloi&
APPLic 4LNT Dis CLOSURE
If the aphcAnt is a CORPOR ATION last all fficers of the Corporm ion beIow (Aft Bch Irsr if necessa ')
-7V-d-,
If the applicant :s a PART E SIHP FTR I or other L NLN COkPORATED OR GANIZATIONlist al!
members or partners m the wganizzaon below (Attach list if necessary)
Cheek herc :f the appIican i is NOT a corporation partnership firrn, or other an i ricorporated crgan mtion
CERTIFICATION I certify that the nfoo�cd err is and accurate
I
: flaMe
T, arA
Print Marne
Planning Commission Agenda
January , 2003�
ELAWARE AUTO LEASING # 24 --
Page 1
Delaware Auto Leasincy
Conditional Use Pest
178 Virginia Beach Boulevard
District
Beach.
January , 203
CONSENT
Dorothy wood The next is number It's Delaware Auto Leasincy It s a Conditional
Use Pernut for used auto sales This is on the north side of Virginia Beach Boulevard in
the Beach District with six conditions
David Hay Good afternoon Members of the Planning Corr=ssion My name is David
Ha I represent the applicants and they are in agreement with all the conditions And I
can answer any questions you all may have
Dorothy wood Thank you Mr Hay Is there any opposition to Item #24 Delaware
Auto Leasing Hearing none I would move to appro%e this item on the Consent agenda
number 24 with six conditions No opposition
Donald Ripley we have a motion to approve the Consent agenda for the item so read
Do I have a second'?
Eugene Crabtree 111 second it
Ronald Ripley Seconded by Gene Crabtree Dot would you like to have some
discussion`s
Dorothy Wood Rory would � ou please on-ie t on Item #2 , Delaware Auto Leasing"?
Ronald Iiple Item #2.4 is a Conditional Use Pert for a auto sales and it s on Virginia
Beach Boulevard in the area between the Expres ay and First Colonial Road closest to
the Expressway And our concern we had deferred it last month because we were
concerned about the number of parking for the total development and the amount of
park-inor that the applicant was requesting But we had that cleared up we had a survey
come in Staff became comfortable with the way it laid out and Planning onums ion
went with that so we put it on the Consent agenda Okay, we have a motion and a second
and unless there is other discussion on the motion, I d like to call for a vote
AYE 10 NAY 0 ABS 0 ABSENT
CRABTREE AYE
DIN AYE
H RSLEY AYE
KATSI S AYE
Item #24
Delaware Auto Leasing
Page
KNIGHT
AYE
RI L Y
AY
S LL'
AYE
STRANGE
AYE
WOOD
AI
Ronald Filer By a Noteof 10-0 the motion passes
- - V% 7 Is .0
C,pin 1477-20-5567
ZONING HISTORY
1 Modification of Proffers approved 6-13-00 and -1 -9, Approved 11-14-00
Mod#fication of Proffers approved-18-93, Approved -13-00
Conditional Rezoning R-D Residential to B-2 Business) Approved7-13-93
Reoning -8 Residential to B-2 Business) Denied 9-15-86
2 Rezoning R- D Residential t -1 Office) Approved 2-27-89
Conditional Use Permit bulk storage) Withdrawn 1-23-89
Rezoning (R-8 Residential to 1-2 Industrial) Denied8-10-87
8 Conditional Use Permit (vehicle sales, rental & repair) Approved -2 -91
Conditional Use Permit mall engine repair) Approved 3-12- 1
Rezoning R-8 Residential to -2 Business) Approved 3-24-86
Rezoning (R-8 Residential to B-2 Business) Approved8-25-86
Rezoning (R-8 Residential to A-1 Apartment) Approved6-18-84
Rezoning R-8 Residential to B-2 Business) Approved 9-8-75
Rezoning (R-8 Residential to B-2 Business) Approved -8-76 Rezoning R-8 Residential to 1-1 Industrial Approved9-8-75
ecp
CITY OF VIRGINIA LEACH
AGENDA ITEM
ITEM Brown Building Corporation — Modification of a Conditional Rezoning Application
MEETING DATE February 11, 2003
0 Background
An Ordinance upon Application of The Brown Building Corporation for a
Modification of a Conditional Rezonmq Application approved by City Council on
July 13, 1993 Property is located on the south side of Dolton Drive,
approximately 225 feet east of Wedgewood Drive (GPIN 1477205567) Said
parcel is located at 4847 Dolton Drive and contains 36,024 12 square feet
DISTRICT 2 — KEMPSVILLE
The purpose of this request is to modify the proffer regarding site design The
previously proffered site plan depicted an "L-shaped" building located differently
on the site than the current proposal The applicant is now requesting a
rectangular building
■ Considerations
The subject site was rezoned from - D Residential idential District to conditional -
Cornrnunity Business District July 13, 1993 This conditional zoning agreement
was later revised on June 13, Zoo, and then again on November 14, Zoo
Proffer #3 requires the site to be developed in accordance with a specific site
plan depicting a L-shaped building with parking in front and to the west and a
storrnwater management facility at the southeast corner The applicant has
requested to modify this proffer because a different building and site layout for
the development is desired The applicant is now proposing a rectangular
shaped building with parking in the center of the site and a storrnwater
management facility on the western side The size of the building has been
reduced slightly from 8,500 square feet to 7,700 square feet and the number of
parking spaces has been reduced from 33 to 23 The rectangular building will
result in a significant cost savings and will allow for more size variation for interior
suites
The Planning Commission placed this item on the consent agenda because the
amended site plan will alleviate the need for a variance from the Board of Zoning
Appeals, which the currently proffered plan requires Staff recommended
approval of the modification There was no opposition
Brown Building Corporation
Page 2 of 2
■ Recommendations
Planning Commission passed a motion by a recorded vote of 10-0 to approve the
request
■ Attachments
Staff Review
Disclosure statement
Planning Commission Minutes
Location Map
Recommended Action Staff recommends approval Planning Commission recommends
approval
Submitting DepartmenUAgency Planning Department
City Manager
BROWN BUILDING CORP. / # 3
January 8, 2003
General Information:
APPLICATION
NUMBER E 7-21 - MOD - 2002
REQUEST Modification of Proffers placed on a conditional rezoning from R- D t
Conditional -2 on Juiy 13, 1993 later modified on June 13, 2000 and
again on November 14, 2000
ADDRESS
GPIN
ELECTION
DISTRICT
7 Dolton Drive
.nuttaing uo
�-
-TY - "') 1L,=::--1 UUV',' -.�F \.AA
1
lI ,Orr Or
or LF
;7- all Z
'Ale
tp
1
14772055670000
Gpin 14 - 0-3 567
Planning Commission Agenda
Tanury 8, 2003
BROWN UILDI G CORP 1
Page 1
SITE SIZE
STAFF
PLANNER
8270 acres
Ashby Moss
PURPOSE To modify the proffer regarding site design The previously proffered
site plan depicted an "L-shaped" building The applicant is now
requesting a rectangular building
x
Mayor Issues: a
Continued level of quality of previously 71
approved site design
Land Use, Zoning, and Site
Characteristics:
Existino Land Use and Zoning
The site is currently undeveloped and zoned
conditional B-2 Community Business District
Surrounding Land Use and Zoning
CURRENTLY APPROVED PLAN
North 0 Mobile -home park -12 Apartment District
South 0 Undeveloped wooded lot 1-1 Light Industrial
District
East 9 Single-family dwellings R- D Residential District
West 0 Brown Building Corp building / B-2 Community
Business District
Zoninq History
The subject site was rezoned from l - D Residential District to conditional B-2
Community Business District July 13,,1993 This conditional zoning agreement was
later revised on June 13, 2000, and then again on November 14, 2000 A previous
rezoning attempt for this property was denied in 19Other zoning actions in the
immediate vicinity include two rezonings from residential to commercial west of the site
%, L% ac4c,
Planning Commission Agenda
January 8, 200
BROWN BUILDING CORP
Page 2
in 1975 and 19The parcel south of the subject site was rezoned to industrial in
1975 A group of parcels at the corner of Dolton Drive and Alicia [give were rezoned
from residential to commercial in 1986
Air Installation ComQatible Use Zone (AICUZ)
The site is in an A1CUZ area of less than 65dB Ldn surrounding NAS Oceana
Zonmq and Land Use Statistics
With existing zoning - Commercial Uses would be permuted except those identified
in proffer 2 of the previously approved and currently proposed conditional zoning
agreement (see below) The previously approved conditional zoning agreement also
specified a site plan depicting an L-shaped building (shown above)
With proposed zoning - There is no change in the proposed uses for this property
The proffered site plan has changed slightly to shover a rectangular building rather
than an L-shaped building The parking and stormwater management have also
changed as a result of the new building layout
Public Facilities and Services
Water and Sewer
There is a 1 0-inch grater main and a 1 0-inch gravity severer in Dolton Drive fronting the
property This site may connect to City water and must connect to City sewer
Transportation
Master Transportation Plan (MTPYCapital Improvement Program (CIP) Bonney
Road in the vicinity of this application is currently a two lane undivided residential
road This road is not designated on the MTP There are currently no projects
programmed in the CIP to improve Bonney Road
Traffic Calculations
Street Name
Present
Present
Generated Traffic
Volume
Ca acid
Bonney Road
,
2 oo ADT
1
ADT
Zoned Lard Use 59
Proposed Land Use 3- no change
Average Daily Trips
Planning Commission Agenda
January 8, 23
Page
as defined by previously approved
as defined by proposed
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 as
they pertain to this site
Fire and Adequate No comments
Rescue
Comprehensive Plan
This property and the adjoining properties between Bonney Road and Alicia Drive are
identified in the Ker psville Planning Area section of the Comprehensive Plan as "Tract
C+' of the Bonney Road Corridor The Plan recommends low intensity, low rise business
parr uses for this area developed under the provisions of conditional zoning The
Comprehensive Plan supports a consolidated development plan with exceptional
architecture, site design and site amenities
Summary of Proposal
Proposal
The most recent conditional rezoning permitting the office -warehouse facility was
approved by the City Council on November 14 2000 The conditional rezoning has
sure n p roffe rs
Lighting on the property shall be directed inward and not toward surrounding
properties
The following uses shall not be permitted on the Property or any
improvements constructed thereon animal hospitals, veterinary
establishments, commercial kennels, automobile sales or repairs, automobile
service stations, boat sales, borrow pits, bulk storage yards, bulk storage of
hazardous chemicals or materials commercial parking lots or garages or auto
storage child care and child education centers, drug stores beauty shops
Planning ning Commission Agenda
January 8. 2003
Page 4
,A B
�w
and barber shops, eating and drinking establishments with drive -through
windows funeral homes, grocery stores, liquor stores, mini -warehouses,
nightclubs, bars, taverns dance halls
The illustrative plan submitted to the Department of Planning with this
Agreement the "Plan" as prepared by Boundary First, P C and dated
August 15, 2000 is incorporated herein by reference and forms a part of this
Agreement and which has been exhibited to the Virginia Beach City Council
and is on file with the Virginia Beach Department of Planning
All garage and storage doors will be located on the vest side of the proposed
building
Category IV landscaping shall be installed on the northeast side of the
property as depicted on the plan
There shall be one access point from the Property to Dolton Drive, which shall
be located at the northwest corner of the Property as shorn on the Plan
The site construction plans for the proposed improvements on the property
shell adhere to and be consistent with the Plan
Proffer 3 requires the site to be developed in accordance with a specific site plan
depicting a L-shaped building with parking in front and to the west and a stony water
management facility at the southeast corner The applicant has requested to modify
this proffer because a different building and site layout for the development is desired
The applicant is now proposing a rectangular shaped building with parking in the center
of the site and a stormwater management facility on the western side The size of the
building has been reduced slightly from 8 500square feet to 7,700 square feet and the
number of parking spaces has been reduced from 33 to 23 The rectangular building
will result in a significant cost savings and will allover for more size variation for interior
suites
Planning Commission Agenda
January 8, 2003
BROWN BUILDING CORP / # 3
Page 5
Modified Proffer
PROFFER The illustrative plan submitted to the Department of
Planning with this Agreement (the "Plan") as prepared by
Boundary First, P C and dated September 12, 2002 is
incorporated herein by reference and forms a part of this
Agreement and which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach
Department of Planning
Staff Evaluation The modified proffer is acceptable The modification
consists of a revised site plan that changes the
configuration of improvements on the lot The
reconfiguration rs acceptable and actually results in the
elimination of the creed for a variance from the Board of
Zoning Appeals that the current plan requires
City Attorney'Attorney's The City Attorney's Office has reviewed the conditional
Office zoning agreement dated November 1, 2002, and found it
to be legally sufficient and in acceptable legal fora
Evaluation of Request
The modification to Proffer 3 appears to be reasonable and is recorr mended for
approval The proposed modifications represent minor changes that do not decrease
the level of quality previously proffered for this development The changes also
eliminate the need for a variance from the Board of Zoning Appeals that was previously
required for the 1 -foot buffer on the eastern border
t o Further conditions may be required during the
administration of applicable City ordinances Plans
submitted with this rezoning apphca#ion may require
revision during detailed site plan review to meet all
awhcable 0tv Codes
Planning Commission Agenda
January 8. 2003
BROWN BUILDING CORP / ## 3
Page
1
MM OR �FDLY
c[ a C �
0�.■iT PAD
5D9, 37� 1 PC b[ 1
1M !-1
NM OR f0mafty
TOM ANN~ A
L PC-
UpM 1 MS)
AWL
{
sw
.01
"Op OR rouimv
W
OAF
t
10
e.. a " err �1
4
t �
r
io
CURRENTLY APPROVED
PLAN
Planning Commission Agenda
January , 23 .�
BROWN BUILDING CORP �
Page
V
vt
ZONM Ft—S0
r ow OR FORMERLY
M a P C. 15)
MM
CM Ron" Sc%M% W&Lwr
r r1rE
CPA CM00M DUM)k 1 ] au.T
AL
Ile SW VOUM
{
map
r-r
14
ALL SNOM
J4[ .
'gr
C3Ar
ID
PRoPF PI AN
C,
Planning Commission Agenda
January 8, 2003
Page
�' . ,a,n.r.a� ails ,�.-m.�"Y •�� � �� � � .. ,, • - ` ` � . �� �� � � .
ep -
44
v _
POP
r x +
.+' h " ■
'.�.i Mom.. { �n � :_ 4� � f • Y � x 4 � �� � dL
14
Ar
Air
dp
dik
op
loop Fe!
• �`�Y w. �. �C. FYI R • "'d:J " R. � � � x°:�+��' �' � � � V 4 • �< .�.
.0Jew_ -
41
ir
* . k # dh
Gomm
i0.1
Ak
lie
df
•� #."
XA
now
4 .
*-��_
�. .
manning commission Agenda
January�~
BROWN BUILDING CORP 3
Pane
APPLjCATFOr PAGE 4 OF 4
MODIFICATION OF CONDITIONS
CITY OF VIRGINIA BEACH
DISCLOSURE T T ME T
Apphcant s Marne Brown Building Corporat-ion
List All Carrenz
Property Owners Brown Building Corporation
PROPERTY OwNER DUCLOSURE
Ef the propmv owner is a CORPORATION list all officers of the Corpomon helovv f uach lv� rf nerej n
Ronald K Brown, _ President & Treasurer
David S Brown, Vice President A Secretary
If the properLy owner is & PARTNERSF FIRM or other UNINCORPORATED ORGANUATION last
all members or partners in the arga uzation Wow (Attach ILsr if necessary)
Check here if the propertv owner is MOOT a corporation partnership fiT-M or other unjncorpcmed
oargani zauon
If the appluani is not the cur rent owner of theproperty, campletc the Apphc4ni Duclosure secfto,z be1vH
APPLICANT Discwsupm
If the applicant u a CORPORATION list al affs of the Corporation belou (Artach lr.sr rf necessar )
It the Vplwanz Ls a PART NEM EDP FIRM or otbar UNINCORPORATED OR GAhIZA TI 0 mi Iist ail
members or Viers in the orgauzanon btlovr (Anach tur ,f necessary)
1
❑ Check h= if the applicant Ls NOT a Corp ntson panne hap firm or other unincorporated organ3muon
ZTIRC~ TION r cerfzfy that the raformaho d her true and accurate
s rtaMrc
Ronald-K Brown President
Prirt[ Namcy
Lk a
Planning Commission Agenda
January 8, 2003;
BROWN BUILDING COUP 1# 3�
Page 1
Brown Building Corporation
Modification of a Conditional Rezoning
ooing
7 Dolton Drive
District 21
empsville
January 8 Zoo
CONSENT
Ronald Ripley okay Dot wood would you please conduct the Consent Agenda for us?
Dorothy wood Thank you Rory This afternoon we have nine items on the Consent
agenda As I call your name would you please step to the podium either the applicant or
the applicant's repr entauve state your name., you've read the conditions and agree with
therm After the applicant, or their representative comes up we will call for anyone that
has any opposition to the item If you have any opposition please come up and we will
move it down to the regular place in the agenda The first item it -.item # Brown
Building Corporation It s an ordinance application of Brown BUddinu for a
Modification of a Conditional Rezoning It's in the Kenipsville District and it has sever
proffers Sir'
Carter McCrow ell Yes ma am My narne is Carter l c ro ell My business address is
3061 l rickhouse Court I m the agent on the project and also the engineer The owner
concurs with the change in proffers and we appreciate the staff review comments and
standby and bring any questions
Dorothy wood Thank you sir Mr Ripley I would move to approve this stern on the
Consent agenda, number 3 with seven proffers No opposition
Donald Ripley we have a motion to approve the Consent agenda for the item so read
Do I have a second"
Eugene Crabtree 111 second it
Ronald Ripley Seconded by Gene Crabtree Dot would you like to have some
discussion?
Dorothy wood Yes Mr Din would you please explain item # 9
William Din Okay I d like to offer a few comments as to why the Planning
Conumssion felt this item was placed on Consent agenda The first stern that I m going
to speak on is Item #3 This one involves an office %arehouse facility that was
previously approved back on November 2000 And the stern before us today actually
just modifies some proffers on the site design changing it from an L design to a
rectangular design we felt these were minor changes to the previous approved stern
Item #
Broxkn Buildiner Corporation
Pace
And there was no decrease in the level of duality on the project so we had no questions
or concerns about that and placed it on the Consent agenda
Ronald Ripley okay we have a motion and a second and unless there is other
discussion on the notion I d like to call for a vote
AYE I
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
IATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEI
AIE
S LPL E"
AYE
STRANGE
AYE
WOOD
AYE
NAY 0 ABS 0 ABSENT
Ronald Ripley By a vote of 10-0 the motion passes
FORM NQ P S 16
City of iraico-a Be�cri
INTER-OFF7CE CORRESPONVENCE
In Reply Refer To our File NoDF-5659
T4 Leslie L Lilley
FROM B Kay Wilson
E Conditional Zoning Application
Brown Building Corporation
DATE January 3, 2003
DEPT City Attorney
DEPT City Attorney
The above -referenced conditional zoning app]ication is scheduled to be heard by the
City Council on February 11, 2003 I have reviewed the subject proffer agreement, dated
November 1, 2002, and have determined it to be legally sufficient and in proper legal form
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
GRENlNT
THIS AGREEMENT made this 1 s` day of November 2002. by and between BROWN
BUELDING CORPORATION a Virgirua Corporation, hereinafter eared Grantor and the CITY of
VSRC � ` III BEACH a Municipal Corporation ration o the Commonwealth of Virginia, hereinafter called
'Grantee' The purpose of this agreement is to modify prior Agreements between the parties hereto
dated January 7, 1993, April 21.2.000 and August 15 000
RECITALS
R-1 The Grantor is the record fee simple owner of the property (the "Property" located in
Kernps YIl
e Drstnct City of Vit inia Beach, Virginia and described in Exhibit A attached hereto and
incorporated witban. this Agreement
R-2 Roda Associates, a Virginia general partnership, `Roda" predecessor in title t
Grantor, previously reviousl initiated an amendment to the zoning map of the City of VL' Ynia Beach.,
Virginia(the ,onin Ma " b tition addressed to the Grantee so as to change the zoning
gPe
classification of the property from R-D Residential District to B- Business Distnct This
classrf p p
amendment made pursuant to the terms of the zoning ordinance of the City of Virginia Beach,
was
Virginia adopted
do ted April 18, 1988, as amended (the 'Zoning Ordinance') and was granted by City
y Council
action on Jul 13, 1993 In connection with the foregoing, by Agreement dated January
199
and recorded in the Clerk's 0 B ice of the Circu it Court of the City of V irgini a Beach, Vrgirua,
Deed Book 2 at page 21 �7 Roda did voluntarily offer, in writing, part of the zoning
in P g
amendment to the Zoningfa with respect to the Property certain conditions related to the physical
development,and use of the Property which was adopted as part of said amendment to the
operation �
pp I�
Zoning Map and made applicable to the Property These conditions were to remain in full force and
ended following theprocedures and recording the documents as outlined and
effect until arxr y g
required in the Zoning ordinance
Grantor previously initiated a modification to the conditions of the aforesaid
p y
amendment to the Zoning Map referenced in paragraph R-2 above and in connection with the
re irients slated the 1 t day o April, 2.00 and the 1 th day of August, 000, and
foregoing, b a� '
recorded 1n the Clerk s Office aforesaid in Deed Book , t page 11 and Deed Book , at
page respectively el Grantor voluntarily proffer, fer, in ntxng, as part of the modification of the
conditions Property, ns with respect to the Pro rt , certain conditions related to the physical development,
and use of the Property which was adopted s part of said modification of the conditions
operation p y
applicable to Property the Pro ert 'These modified conditions were to continue in full force and effect un l
amended by the p g procedures and recording the documents as outlined and required in the Zoning
Ordinance
R-4 Grantor ntor has initiated another modification of the conditions referenced in Paragraphs
- and R-above in order to change certain conditions that were previously placed upon the
Prepared by Harry R Purkey Jr P C�
10334 th street suite 5
Virginia Beach V 451
PIN 1477 20 5567
Property in connection with the amendment to the Zoning Map as to the Property
R-5 The Grantee's policy is to provide only to the orderly development of land, for
various purposes including business purposes, through zoning and other land development
legislation
R-6 The Grantor acknowledges that competing and sometimes incompatible uses conflict
and that in order to pe=t different uses on and in the area of the Property and at the same time t
recognize the effect of the changes and the need for various types of uses, including those listed
move, certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land sinularly zoned B-2 are needed to cope with the
situation which the Grantor's request for modification of conditions gives nse to
R-7 The Grantor has voluntarily offered 1n wnting, in advance of and prior to the public
heanng before the Grantee, as part of the proposed modification of the conditions previously
attached to the amendment to the Zoning Map with respect to the Property, in addition to the
regulations provided for in the existing B-2 zoning distnct by the Zoning Ordinance, the following
reasonable conditions related to the physical development, operation and use of the Property to be
adopted as part of modification of the conditions applicable to the Property winch have a reasonable
relation to the modification of the conditions and the need for which 1s generated by the modification
f the conditions
R-9 The conditions outlined in thus Agreement have been proffered by the Grantor and
allowed and accepted by the Grantee as part of the modification to the conditions and the Zoning
Map These conditions shall continue in full force and effect until a subsequent amendment changes
the zoning of the Property, provided however, that such conditions shall continue despite a
subsequent amendment if the subsequent amendment is part of the comprehensive implementation of
new or substantially revised zoning ordinance of Grantee unless, notwithstanding the foregoing
the conditions are amended or varied by wntten 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 instruments, provided further that said instrument is
consented to by the Grantee in wasting as evidenced by certified copy of the ordinance or resolution
adopted by the governing body of the Grantee after a public hearing before the Grantee advertised
pursuant to the provisions of the code of Virginia, section 15 2-2. 04 which said ordinance or
resolution small be recorded along with said instrument as conclusive evidence of such consent
WNESSE'
NOW THEREFORE, the Grantor, for itself, its successors personal representatives and
assigns, grantees and other successors in tale and interest, volunt my without any requuement 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 perms for subdivision approval, hereby makes the
following declaration of conditions and amended restrictions which shall restnet and govern the
physical development operation and use of the Property and hereby covenants and agrees that this
declaration shall constitute covenants running with the Property, which shall be binding upon the
property and upon all parties and persons claiming under or through the Grantor, its successors
personal representatives assigns, grantees and other successors in interest or title
Lightincr on the property shall be directed inward and not toward surrounding
properties
The following uses shall not be pemiated on the Property or any improvements
constructed thereon animal hospitals veterinary establishments con nercial kennels, automobile
sales or repairs automobile service stations, boat sales, borrow pits, bulk storage }cards, bulk storage
of hazardous chemicals or materials, commercial parking lots or garages or auto storage, chip care
and child education centers} drug stores, beauty shops and barber shops eating and drink ing
establishments with drive -through windows, funeral hornes, grocery stores liquor stores, rruni-
warehouses, nightclubs, bars taverns, dance halls
The illustrative plan subnntted to the Department of Planning with this Agreement
(the 'Plan') prepared by Boundary First, P C and dated September 1 2002 is incorporated herein
by reference and forms a part of this Agreement and which has been exhibited to the VirgiMa Beach
City Council and is on file with the Virginia Beach Department of llanrun
CP
All garage and storage doors will be located on the west side of the proposed building
Category IV landscaping shall be installed on the northeast side of the property as
required by the landscape ordinance
There shall be one access point from the property to Dolton Dave Much shah be
located on the nght center of the northern property line as shown on the Plan
The site construction plans for the proposed improvements on the Property shad
adhere to and be consistent with the Site Plan dated September 12, 2002
The Grantor covenants and agrees that
a The Zoning Adrmnistrator of the City of Vvglnia Beach Virginia shall be vested
with all necessary authority, on behalf of the governing body of the City of
Virginia Beach Virginia, to adrmnister and enforce the foregoing conditions and
restrictions including the authont a to order in wnting that any non-
compliance with such conditions be remedied and b to bang legal action or suit
to insure compliance with such conditions including mandatory or prohibitory
injunction, abatement, damages or other appropriate action, suit or proceedings
b 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 b
appropriate
3
c If aggrieved by any decision of the Zoning Adnunistrator made pursuant to these
provisions the Grantor shall petition the governing body of Grantee for the
review of such decision prior to instituting proceedings in court
d Further conditions may be required during detailed Site Plan review and
adnunistration of applicable City codes by all cognizant City agencies and
departments to meet all applicable City code requirements
The Zoning Map shall show, by an agpropna a symbol on the map the existence
of conditions attaching to the zoning of the Property on the map and that the
ordinance and the conditions may be readily available and accessible for public
inspection at the office of the Zoning Adrmmstrator and in the Pla rung
Department and that they shall be recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia and mdexed in the name of the
Grantor and the Grantee
WITNESS the following signature and seal
B=eL!ai=&C_omr
in ration,
ration,
A
nld KBrame, President
STATE OF VIRGIN 1A
CITY OR VIRGI IA BEACH, to -wit
SEAL)
I, Ala. , a Notary Public in and for the City and State aforesaid, d
hereby certify that Ronald K Brown, President of Brown Building Corporation a Virgima
Corporation, whose name as such is signed to the foregoing instrument beanng date on the l"` day of
November, 2002, have acknowledged the same before me in my said City and State
GrVEN under my hand this day of 200
My Conumssion Expires
4
{
�r c S EAR
Notary Public
Exhibit "A"
ALL THAT certain lot, piece or parcel of lard with the buildings and improvements
thereon, lying, situate and tieing 1n the City of Virginia Beach(formerly Princess
Anne County) Virginia, in KernpsviIle Magi sterial. Distnct., and being the northeast
corner of Lot Six shown on the map of A W Comick's Kempsville
Subdivision, dated January, 1990, also being known and designated a "Joseph
Mosley", as shown on the Map Book A w ornick's Kempsville Farm, Kempsville
Borough, 'Virginia Beach, Virginia ' and is duly recorded in the Clerk's office of the
Circuit Court of the City of Virginia Beach, Virgurua, in Map Book 48, at Page 43 is
more particularly hounded and descnbed as follows
BEGINNING at a point on the southern line of Eastern Shore Road to Kempsville on
the line between Tracts four (4) and Six (6) and running thence in a southerly
direction along said dividing line between the two said tracts one hundred seventy six
(176) feet, thence in a westerly direction two hundred nineteen (219) feet, thence in a
northerly direction and parallel to the dividing line between Tracts Four (4) and Six
(6) two hundred eighteen (218) feet to the Eastern Shore Road to Kempsville One
hundred sixty (160) feet to the point of beginning
LESS AN D EXCEPT that property to City of Virginia Beach in feed Book 2 812, at
page 673, dated March 20, 1988, corrected in feed Book 2896, at page 37
5