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NOVEMBER 23, 2004 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA E. OBERNDORF, At -Large VICE MA YOR LO UIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBER TM DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RIC HARD A. MADDOX,, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER LR W. SCHMIDT, At -Large RUN A. VILLANUEVA, At -Large ROSEMA R Y WILSON, At -Large LAME S L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA Cl r Y MA NA G Eli -,LAMES K. SPORE C'IIY ATIURNh Y - LESLIE L. LILLEY C'i TY CLERK - R UTH HODGES SMITH, MMC I. CITY MANAGER'S BRIEFINGS IM 23 NOVEMBER 2004 0 U 10 16 GF p'JR NA_'%0%i . CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E- MAIL: C'tycncl c@vbgov. com Conference Room OMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Patricia Phillips, Director -Finance B. MUNICIPAL SKATE PARK Cindy Curtis, Director - Parks and Recreation C. MARRIOTT HOTEL TERM SHEET James Ricketts, Director - Convention and Visitor Bureau II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER -- Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL 1:30 PM 1! 4:0 0 PM 11 C. RECESS TO CLOSED SESSION V. FORMAL SESSION 6:00PM A. CALL TO ORDER —Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Constance A. Lew, Pastor Enoch Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F . MINUTES 1. INFORMAL AND FORMAL SESSIONS G. MAYOR'S PRESENTATION 1. DISTINGUISHED BUDGET PRESENTATION AWARD H. PUBLIC COMMENT 1. TOWN CENTER, PHASE III, TERM SHEET I. AGENDA FOR FORMAL SESSION J. CONSENT AGENDA November 9, 2004 K. RESOLUTION/ORDINANCES 1. Resolution to APPOINT Mark D. Stiles and Carol W. Hahn as Deputy City Attorneys. 2. Ordinance to CONVERT an existing part-time position to afull-time position in the Department of Libraries FY 2004-2005 Operating Budget re restructuring the Records Management/Municipal Reference workload. L. 3 . Ordinances to AUTHORIZE acquisition of property in fee simple for easements by agreement or condemnation re traffic signals: a. London Bridge Road and Tower Bridge Loop b. Baker Road and Hampshire Lane 4. Ordinance to ESTABLISH initiatives re participation by minority -owned, woman -owned and small businesses in City contracts and TRANSFER $50,000 to staff this program for three (3) years with annual evaluation reports. PLANNING 1. Application of BAYMARK GOLF, LLC for MODIFICATION Of Proffers 02, #3 re a rezoning to Conditional PD-H 1, (approved by City Council on May 11 1 . tY y 999 and June 25, 2001 in behalf of Baymark Construction Corporation to construct a multi -purpose' building �n the "community green space" at Signature Circle and Signature Drive, , (Villages at Nest Neck. (DISTRICT 7 -- PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of MIZPEH CHURCH OF THE LIVING GOD for a NEW Conditional Use Permit for a church at 1064 Lynnhaven Parkway, Suite 109. (DISTRICT 6 —BEACH) RECOMMENDATION: APPROVAL 3. Application of SAINT JAMES MISSONARY CHURCH for a NEW Conditional Use Permit for a church at 5277 Princess Anne Road, Suite 311 (DISTRICT 7 —PRINCESS ANNE) RECOMMENDATION: APPROVAL 4. Application of CITY OF REFUGE CHRISTIAN CHURCH fort ' he renewal of their November 27,2001, and NEW Conditional Use Permits for a church and to ADD � a child care education center at 3420 Holland Road, Suites 103-105 (DISTRICT 3 -- ROSE HALL RECOMMENDATION: APPROVAL 5. Application of OCEAN MYSTIQUE, INC. for a Conditional Use Permit for a studio for tattoo, permanent makeup and body piercing at 2335-2337 Virginia Beach Boulevard. (DISTRICT6— BEACH) RECOMMENDATION: APPROVAL 6. Applications of H&A ENTERPRISES, LLC at Independence Boulevard and Smokey Road: (DISTRICT 4 — BAYSIDE) a. Change o Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District b. Conditional Use Permit re motor vehicle sales THE APPLICATION REQUESTS DEFERRAL TO DECEMBER 14 2004 7. Application of WOMACIK CHAPPEL, LLC flkla LINDA T. CHAPPELL for a Chan e o Zonin from AO-1 and AO-2 Agricultural Districts and R-20 Residential District to Conditional I-1 Light Industrial District at London Bridge Road and Hornet Drive r g e Phase II of Taylor Farm Corporate Park. (DISTRICT 6 -- BEACH) RECOMMENDATION: APPROVAL 8. Application of MARY SPADY for a Change -of Zonis from R-10 Residential District to Conditional 0-1 Office District at 844 Kempsville Road. (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: DENI-'LL 9. Application of VTC ONE, L.L.C. for an extension of ninety (90) days to comply with Condition No. 4 in the closure. vacation and discontinuance of a portion of Regent University Drive. (Approved November 25, 2003 re Amerigroup Office Complex). RECOMMENDATION: M. APPOINTMENTS APPROVAL BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION TAX ASSESSMENT EVALUATION AND REFINEMENT TASK FORCE TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS I . ABSTRACT OF CIVIL CASES RESOLVED — October 2004 2. ABSTRACT OF VOTES — GENERAL ELECTION — November 2 2004 P. ADJOURNMENT 7tC 7tC 7fiC ?�C ?�C 7�C ?ti 7XC If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Dea) Agenda 11123104st www.vbgov.com 11 n� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution AppointingMark D. Stiles and carol W. Hahn as Deputy City Attorneys MEETING DATE: November 23, 2004 ■ Background: Section 2-'l00 of the City Code provides that "the city c ' . r � y council may, from time to time, upon recommendation of the city attorney,a oint . Y pp such deputy and assistant city attorneys as it may deem necessary to serve at the . rY pleasure of the city attorney. ■ Considerations: The proposed appointments of Mark D. Stiles and carol • W. Hahn will reflect their assignment to positions of leadership and greater responsibility• . g �n the City Attorneys office. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: City Attorne City Manager. I A RESOLUTION APPOINTING MARK D. STILES 2 AND CAROL W. HAHN AS DEPUTY CITY ATTORNEYS 3 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEAC H, 6 VIRGINIA: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 That, pursuant to § 2 --166 of the Code of the Cityof Virginia Beach, Mark D. Stiles and carol W. Hahn are herebyappointed pp d as Deputy City Attorneys, effective December 1, 2004. Adopted by the Council of the City of Virginia Beach, ch, Virginia, on the day of CA9434 H:\GG\Ordres\Deputy.ReS.doc R1 November 5, 2004 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney' s Office Ar 2004. 01 C .,•. _% ok is Ot- -:. 41. w�yrs:k ^i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Reallocate Existing Funds to Restructure Records Management/Municipal Reference Workload, Including FTE Conversion MEETING DATE: November 28, 2004 ■ Background: The records management program, established in the late 1980s, works with City offices, Schools, Courts and State agencies to manage their departmental records that are the business records of the city. The Virginia Public Records Act governs much of the work associated with records management. Records Management has been an agency within the Library Department for approximately one year, following the reorganization of the former Department of General Services. The current Records Management staff struggles to maintain quality customer q v service in all areas of records management because of the (1) growth in the volume of records produced by the city, schools, Courts and State agencies, (2) the continuous demand for service and (3) the decrease in the number of staff assigned to this function over the years. An analysis of the work processes of Records Management revealed a critical shortage in capacity to manage the storage and retrieval functions, especially in the p Y areas of transferring boxes to and from the Records Center and filing and re -filing records. Immediate action is necessary to effectively and efficiently manage this work and reallocate the resources available to advance and improve services to the City and its other customers, without additional costs. This request summarizes a strategy to provide the additional resource support within current funding and requests a conversion of 2 part-time FTEs to one full-time FTE. This proposal results in no additional cost to the City over the next several years. Delaying this iYg action to incorporate it into the FY 05-05 budget process will perpetuate the critical and growing backlog of requests for service for an additional 8 months. ■ considerations: The purpose of this request is to maintain a high level of quality productivity, and make effective use of resources, and be cost efficient. Using existingpositions and budgeted p g funds, the work of the existing Records Management staff can be redirected by converting the existing part-time Municipal Reference Administrative Assistant to full-time and (2) outsourcing the micrographics work that the current records management staff currently performs. Each of these actions is described below and can be achieved through existing funds: 1. Convert the existing_ -art -time Administrative Assistant -position at the Munici al Reference Libra to full-time effective 1211104. Having a full-time Administrative Assistant would allow the administrative and clerical work currently being performed by Records Management staff to be moved to the Administrative Assistant, thus increasing the time the Records Management staff has for records management work. Records Management administrative tasks to be redirected to the full-time Administrative Assistant include, but are not limited to: • Prepares and processes of financial and statistical records and documents • orders supplies • Pays invoices • Enters leave into the City's leave database • Serves as intake person for City members requesting records • Re -files records that are returned to Records Management assuring they are in the appropriate storage boxes. To accomplish funding of this conversion in FY 2004-05, a vacant part-time Information Specialist II position currently assigned to the Princess Anne Area Library has been identified that can be eliminated to provide a portion of the FTE and funding needed this year. The elimination of this position is a result of the department revisiting the prototype staffing plan implemented at the Princess Anne Area Library, based on the experience at that library during the past year. 2. Miti ate future costs by outsourcing micro ra hics work done by Records Manaclement ,personnel. The work associated with micrographics has changed and in some areas decreased over the years. Outsourcing this work to a private vendor will allow Records Management staff involved with in-house micrographics to be redirected to records retrieval and retention. Records Management currently administers a contract with MicroLabs in the amount of $19,603 for completing specific microfilming tasks for other City departments. artments. Due to changes in departments use, funding needs have changed. A portion of these funds are available be used to offset the future cost of salary increases and benefits for the full-time conversion discussed above and the remainder will be used to continue to provide micrographic services to the city through a State contract (via MicroLabs) instead of by Records Management staff. There will be some cost avoidance for maintenance contracts and supplies for equipment currently being used by Records Management personnel for , in-house microfilm requests. Between available contract funds and cost avoidance, there is sufficient funding to meet the anticipated demands of micrographics during the next 5 years, barring any significant unforeseen increases in requests. The effect of this restructuring is a budget neutral application, in addition to achieving significant efficiencies in Records Management operations. ■ Public Information: Public information will be handled through the normal council agenda process. ■ Alternatives: There are several alternatives: 1. Maintain the status quo: In FY 2004, 8,995 records were retrieved within a 24--hour time frame. The most frequent complaint received regarding records management is tha t boxes are not moved from City/State/school offices in a timely fashion. As workload increases the expeditious retrieval of records is compromised and increased complaints are inevitable. Maintaining the status quo would not address these complaints. 2. Increase Records Management Staff: The Records Management/Micrographics function had 12 staff when the program was established in 1989. Today, five staff complete the same tasks for the organization. Since the mid-1990s while approximately 60% of the staff has been reduced, the organization has grown. There are 14 additional schools and 7,000 more students since FY 1991, (Student records are permanent records and must be maintained.) Appropriating additional funds to increase the records management staff could keep pace with this continued growth. 3. Utilize current resources and fundinq to restructure workload: Reallocate existing funds to restructure the workload of Records Management as discussed above. No additional funding is required and future cost of benefits for this conversion and outsourcing is being absorbed by existing funds and cost avoidance. ■ Recommendations: It is recommended that the request to reallocate existing funds to restructure the workload of Records Management as discussed above be approved. No additional fundingis being g requested and future cost of benefits for this conversion is beingabsorbed b existing funds and cost avoidance. y � ■ Attachments: 1. ordinance 2. Letter from Marcy Sims to Fagan Stackhouse and cathery n Whitesell dated October 15, 2004 Recommended Action: Approval , Submitting Department/Agency: Virginia Beach Public Libra ' City Manager: � .�� 1 AN ORDINANCE TO CONVERT AN EXISTING 2 PART-TIME POSITION TO FULL-TIME AND 3 ELIMINATE A PART-TIME POSITION IN THE 4 FY 2004-05 OPERATING BUDGET OF THE 5 DEPARTMENT OF LIBRARIES TO IMPROVE 6 EFFICIENCIES IN RECORDS MANAGEMENT 7 OPERATIONS 8 9 WHEREAS, converting an existing part --time position to 10 full-time, combined with eliminating another part-time position an d 11 reducing contractual services, will improve efficiencies in the 12 Records Management operation of the Department of Libraries. 13 NOWr THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 That an existing part-time Administrative Assistant 16 position is hereby converted to a full-time position and a - p part 17 time Information Specialist II position is eliminated in the FY 18 2004-05 Operating Budget of the LibraryDe artment to improve p prove 19 efficiencies in Records Management operations. 20 21 Adopted by the Council of the City of Virginia Beach, Virginia, inia 22 on the _ day of 2004. 23 24 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Approved. As to Content: �a Managemen Services CA9421 R2 November 12, 2004 H:\PA\GG\ORDRES\Librayr Approved As To Legal Sufficiency 'City Attorney' office Position Conversion.doc i NOs.•st- " Ss.a :ey?00 S,� sy: ' rI ray"2•:;. ? "+•:: " i�': �:'•"' Vs`'�4 K JJ ' icv October 15, 2004 To: Fagan Stackhouse, Director Human Resources Catheryn Whitesell, Director Management Services From: Martha J. Sims Director of Public Libraries Library Administration Municipal Center, Building 19 2416 Courthouse Drive Virginia Beach, VA 23456-9068 757-427-4321 Subject: Restructure of Workload — Records Dana ement/Muni � copal Reference - Request for FTE Conversion Records Management (RM) has been an agency within the Library Department for approximately one year. Kathy Conroy, Librarian IV and budget unit manager for g g Municipal Reference and Records Management has been working g with RM personael to understand the work that the records management group does and ascertain . .. p ertain how best to effectively and efficiently manage this work and merge the resources sources available to advance and augment services to the city and its other customers. Resource support is needed and this document summarizes strategies and requests a conversion of 2 q part-time FTEs to one full-time FTE. Background The records management program was established in the late 1980s ' with a staffing complement of 12 FTEs; today, the staffing complement is five members. � e s. The current staff struggles to maintain quality customer service in all areas of records o ds management because of the decrease in the number of records management g staff and the continuous demand for records management services. Additional resource support is needed for the work involved with records retrieval and records storage, especially in the areas of transferring boxes to and from the Records Center and filing and re -filing ' ' records. Actions and funding to accomplish these objectives We want to maintain a high level of quality and productivity, effectively use our resources and be cost efficient. Using existing positions and budgeted funds we propose that the work of the existing records management staff be redirected b(1)y upgrading the part-time Municipal Reference Administrative Assistant to full time and (2) outsourcing the micrographics work that the current records management staff performs, Each of these actions is described below and can be achieved through existing funds. Convert the Administrative Assistant oosition at the Munici al Reference Library fro m art -time to full time effective 1111104. A full time Administrative Assistant moves the administrative and clerical work from the Records Management staff to the Administrative Assistant, thus increasing the time the Records Management staff has as for records management work. RM administrative tasks to be redirected to the full-time AA include, but are not limited to: ■ Prepares and processes of financial and statistical records and documents • Orders supplies' • Pays invoices • Enters leave into the City's leave database ■ Serves as intake person for city members requesting records ■ Re -files records that are returned to Records Management assuringthe are in y the appropriate storage boxes. To accom fish funding of this conversion in FY 05, we have identified a vacant part- time 1S 11 position currently assigned to the Princess Anne Area Librarywhich b can e used to provide the FTE and funding this year. The elimination of this IS 1l position i .. p sa result of the department revisiting the prototype staffing plan implemented at Princess s Anne based on the experience at PA during the past year. x- A iY i Action to be taken: Annual Benefits Total Month) Available va�lable Salary Funds for entire FY Eliminate $14,304 $1,094 $15,398 ($15,398 ) LIS 11 PT .50 FTE PT90074 f Eliminate $12,959 $- $ 3,950 $1,162.50 ($93300 ) Adm in Asst PT (.50 FTE) PT00559 Create $259919 $9,866 $35,785 $2,982 $23,856 Adm in Assistant FT 1.00 FTE If we effect this conversion November 1, 2004, there would be a surplus of funds in the amount of: $842} 2 Mitigating Future Costs The second component of this restructuringis o utsourcin of micro r ' � ,.._. g a,p h �cs work done by Records Management personnel. Implemen-tation of this plan now, will eliminate the funding request submitted for consideration as a summary program p g proposal for FY 05- 96 and 96-67. The work associated with micrographics has some changed and in g � areas decreased over the years. we plan to outsource this work to a private vendor an , p d redirect the staff involved with in-house micro ra hits to records retrieval and retention. Records management would continue to create film through the use of the Archive Writer, primarily because the current use is for court documents that are downloaded from a secure server. However, the processing of original film, as well as the creatingand d processing of any duplicate cards and film, would be completed via a State cont ract. tract. Records Management currently administers a contract with MicroLab s (a local microfilming } n company who is also on the State contract i the amount of $19, 603 for completing specific microfilming tasks for other city departments. Due to p changes in departments use, the funding needs have changed. A portion of these funds will be used to offset the future cost of salary increases and benefits for the full-time conversion discussed above and the remainder a der will be used to continue to provide micrographic services to the tit through the State Y g contract instead of by Records Management staff. There will be some ancillaryavoidance cost a a�dance for maintenance contracts and supplies for equipment which is currently being . y g used by records management personnel for in-house microfilm requests. The remaining . q ema:n�ng funds and cost avoidance is projected to provide sufficient funding to meet h ` , g the anticipated demands of micrographics during the next 5 ears, barring an significant . Y g y g fcant unforeseen increases in requests. Funding Year: ITS • ■ i - FY 2005-06 - FY 2006-07 s , FY 2007-08 i FY 2 - 008 09 FY 200910 Conversion $79639 $8,919 $10,282$11 ,73D $133270 Def�c�t.. Reallocate ($75639) ($8,919($10,282—):--� ($13,276 $20,000 from 12053/603407 "Contractual Services": Balance for $12�361 $111481$103526,$95494 $83379 outsourcing micrographics work: 3 The conclusive effect of this restructuring is a budget neutral application, with ' efficiencies built in. g pp th significant Thank you for your consideration of this request. I would like to make these changes in structure as soon as possible. If we can be of further assistance to you we would be ha to do so. Please , happy ase direct your questions to me at 427-8244, or Susan Crawford at 427-8792. Cc: David Sullivan Lee Hedberg Regina Hilliard Gil Forbes Margaret Grubbs John Stewart Deborah Du nford Dawn Chabrol Susan R. Crawford Kathy Conroy 4 44 ��ki 1i.�1R..Z.R•.ry»y, �,� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Authority to acquire property in fee simple for London Bridge Road/Tower Bridge Loop Signal CIP 2-285.186 including temporary and permanent easements, either by agreement or condemnation. MEETING DATE: November 23, 2004 IN Background: The residents of the Castleton neighborhood requested a signal at the intersection of London Bridge Road/Tower Bridge Loop which is the entrance to the neighborhood. The Department of Public Works completed a signal analysis of the intersection and determined that the signal warrants were met. As a result, a project to design and construct a signal at London Bridge Road/Tower Bridge Loop was added to the Traffic Safety Improvement Program. At this time, only three permanent traffic control easements and two temporary construction easements are required to construct the project. ■ Considerations: The Department of Public Works is requesting that City Council grant the authority to acquire property for London Bridge Road/Tower Bridge Loop Signal CIP 2-285.186 including temporary and permanent easements, either by agreement or condemnation. ■ Public Information: Advertisement of City Council Agenda. In addition, the project was discussed with the Castleton Homeowner's Association. ■ Alternatives: Deny the request for authority to acquire, by agreement or condemnation, the property (including temporary and permanent easements) associated with the project. ■ Recommendations: Approve the request for authority to acquire, by agreement or condemnation, all of the property (including temporary and permanent easements) associated with the project. ■ Attachments: Ordinance, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works City Manager V- N,p� � C� 1 2 3 4 5 6 8 9 10 11 12 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR LONDON BRIDGE ROAD/TOWER BRIDGE LOOP SIGNAL PROJECT CIP 2-285.186 AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway project to improve transportation within the City and for other related public purposes for the preservation of the safety, health, peace, 13 good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the acquisition by purchase or condemnation 17 pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et sec ., and Title 25.1 of the Code of 18 Virginia of 1950, as amended, of all that certain real property, including temporary and permanent 19 easements, and the improvements thereon (the "Property"), as shown on the plans entitled "London 20 Bridge Road/Tower Bridge Loop Signal Control No. 476 Signalization, Signing and Marking Plan", 21 (the "Project") and more specifically described on the acquisition plats for the Project (plats and 22 plans collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, 23 Department of Public Works, City of Virginia Beach, Virginia. 24 Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf 25 of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners 26 or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to 27 institute proceedings to condemn said Property. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2004. CA 9396 PREPARED: November 3, 2004 APPROVED AS To CONTENT M C. S, WGNATURE Pw DEPARTMENT APPROVED AS To LEGAL SUFFICIENCY AND FORM CITY ATTORNEY TOWER BRIDGE LOOP.DGN M.J.S. PREPAREU BY r/VV tNU. tAuu utri. Uri-1. 1L1 t.VVt r v 7 tu'. ,. L, ur hK •.! CITY OF VIRG INIA BEACH AGENDA ITEM ITEM: Authority acquire uire property in fee simple for Baker Road/Hampshire Lane q Signal CIP 2-285.073 including temporary and permanent easements, either by g g agreement or condemnation. MEETING DATE: November 23, 2004 ■ Background: This project is part of the Traffic Safety Improvement Program. This' project will upgrade the existing span wire traffic signal at the intersection of Baker p � pg g Roa d and Hampshire Lane to a mast arm traffic signal. The span wire is in conflict with the overhead utility lines, which is eliminated with the mast arm poles. Maintenance c larger costs are also lar for a span wire signal than compared to the mast arm poles. In p addition, the project will provide several safety upgrades including emergency vehicle ad p � preemption and LED signals. At this time, only four permanent traffic control easements p g are required to construct the project. ■ considerations: The Department of Public Works is requesting that City Council rant the authority to acquire property for Baker Road/Hampshire Lane Signal � v CIP 2-285.073 including temporary and permanent easements, either by agreement or condemnation. ■ Public Information: Advertisement of City Council Agenda. ■ Alternatives: Deny the request for authority to acquire, by agreement or condemnation the property temporary and permanent easements) p p v associated with the project. ■ Recommendations: Approve the request for authority to acquire, by agreement or condemnation all of the (including temporary and permanent easements) property associated with the project. ■ Attachments: Ordinance, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works. City Manager: j - �� 1 AN ORDINANCE TO AUTHORIZE ACQUISITION 2 OF PROPERTY IN FEE SIMPLE FOR BAKER 3 ROAD/HAMPSHIRE LANE SIGNAL CIP 2-285.073 4 AND THE ACQUISITION OF TEMPORARY AND 5 PERMANENT EASEMENTS, EITHER BY 6 AGREEMENT OR CONDEMNATION 7 8 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public 10 necessity exists for the construction of this important roadway project to improve transportation 11 within the City and for other related public purposes for the preservation of the safety, health, peace, 12 good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 Section 1. That the City Council authorizes the acquisition by purchase or condemnation 16 pursuant to Sections 15.2-1901, �t seq., Sections 3 3.1-89, et sec ., and Title 25.1 of the Code of 17 Virginia of 1950, as amended, of all that certain real property, including temporary and permanent 18 easements and the improvements thereon, (the "Property"), as shown on the plans entitled "Baker 19 Road/Hampshire Lane Signal" (the "Project") and more specifically described on the acquisition 20 plats for the Project (plats and plans collectively referred to as the "Plans"), the Plans being on file 21 in the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 22 Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf 23 of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners 24 or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to 25 institute proceedings to condemn said Property. 26 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of E 27 , 2004. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CA 9397 PREPARED: November 3, 2004 APPROVED AS TO CONTENT ILW c. a s 4bNATURE Ipm kk6MIAEOO& DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM &t__7_X ()U CITY ATTORNEY i i.IIVLI iII\L L11,."LJkN ,ri.)."J. PREPARED BY P/WV ENG. CARD DEPT_ OCT 12, 2004 �7 4., ilk �q �. ur CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Addressing Small, Woman -owned and Minority Business Initiatives MEETING DATE: November 23, 2004 ■ Background: The Minority Business Council continuously reviews data associated with the effectiveness of the City's procurement 1 contracting processes and procedures to facilitate small, minority and woman -owned business participation. Total payments to minorities and women -owned businesses remain low over the time period from FY-00 to FY-03. At its August 2004 Retreat, City Council identified minority initiatives as one of its top priorities. ■ considerations: City staff and the Minority Business Council have developed proposals for the following actions: ■ increase the accountability of prime contractors for adhering to proposed plans for utilizing minority subcontractors; • ensure that known available minority and woman -owned owned vendors are informed of pending solicitations for goods or services; • shorten the time for payments for goods and services to be processed, and thus improve cash flow for small businesses; • to the extent practicable, break large contracts into smaller ones to increase opportunities for small businesses; • explore providing business development assistance in the form of loan programs, bonding, counseling and related services; ■ improve the City's vendor database, since different databases currently exist in various city departments; and • increase the amount of city resources, including staffing, dedicated to improving minority business development and participation in city contracts. ■ Public Information: This process includes discussion and feedback from the Minority Business Council. Public Information will be handled through the normal agenda process. ■ Alternatives: r 1 . continue with the current program 2. Strengthen Procurement Processes and Programs 3. conduct Disparity Study ■ Recommendations: Adoption of ordinance. Following city Council's discussion at the November 16, 2004 workshop, the attached ordinance was amended to require a program evaluation after three years. ■ Attachments: Ordinance Policy Report: Addressing Small, women -Owned and Minority Business Initiatives Recommended Action: Adopt ordinance Submitting Department/Agency: Finance City Manager: r )L N,3n 1 AN ORDINANCE TO ESTABLISH 2 INITIATIVES TO IMPROVE PARTICIPATION 3 BY MINORITY -OWNED, WOMAN -OWNED AND 4 SMALL BUSINESSES IN CITY CONTRACTS 5 AND TRANSFER $ 5 0, O 0 o TO BEGIN 6 IMPLEMENTATION OF THESE PROPOSALS 24 WHEREAS, City Council identified minority business initiatives 25 as one of its top priorities at its August, 2004 retreat; and 26 WHEREAS, City staff and the Minority Business Council have 27 developed a series of proposals designed to improve the City's 28 procurement processes and increase participation by minority, woman-- 29 owned and small businesses. 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 1. That the City Manager and staff are hereby directed to take 33 the following actions to improve participation by minority and woman- 34 owned firms in city contracts. 35 a) increase the accountability of prime contractors for 36 adhering to proposed plans for utilizing minority subcontractors; 37 b) ensure that known available minority and woman -owned 38 owned vendors are informed of pending solicitations for goods or 39 services; 40 c) shorten the time for payments for goods and services 41 to be processed, and thus improve cash flow for small businesses; 42 d) to the extent practicable, break large contracts into 43 smaller ones to increase opportunities for small businesses; 44 e) explore providing business development assistance in 45 the form of loan programs, bonding, counseling and related services, 46 f) improve the City's vendor database, since different 47 databases currently exist in various city departments, and 48 g ) increase the amount of City resources, including 49 staffing,, dedicated to improving minority business development and 50 participation in city contracts. 51 2. That $50,000 is hereby transferred from General Fund 52 Reserve for Contingencies to the Department of Finance's FY 2004--05 53 Operating Budget to fund one full-time permanent position to begin P g 54 implementation of this program. 55 3. That the Finance Department shall report annually on the 56 effects of these initiatives to the City Council, and that the City 57 Council shall re-evaluate this program in three years. M 59 Adopted by the Council of the City of Virginia Beach, Virginia 60 on the day of _ , 2004. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: WF anagem nt ervices City Attorne 's Office CA9436 R4 H:1PA\GGIORDRES\Minority Business Initiative Ord.doc November 12, 2004 i � • i•'.. a r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Baymark Golf, L.L.C. — Modification of Proffers MEETING DATE: November 23, 2004 ■ Background: An Ordinance upon Application of Baymark Golf, L.L.C. for a Modification of Proffers for a Rezoning to Conditional PD-H1 approved by City Council on May 11, 1999 and June 26, 2001 (Baymark Construction Corp.). Property is located at the southeast intersection of Signature Circle and Signature Drive (GPIN 14938582900000). DISTRICT 7 —PRINCESS ANNE ■ considerations: The Conditional Change of Zoning from AG-1 and AG-2 and R-40 Districts to PD-H 1 Planned Development District was approved by the City Council on May 11, 1999. The original development plan approved in 1999 showed the subject site as part of a mixed use area that was designed around the circle. This original plan showed several multistory buildings containing neighborhood office and retail uses on the ground floor with residential condominiums above. On June 26, 2001, a modification to the original development plan and proffers was approved by City Council that eliminated the multistory buildings from the plan and reduced the size of the neighborhood commercial area. A smaller neighborhood commercial area was shown on the western side of the circle. The eastern side of the circle was designated as "community green space". A modification to Proffers 2 and 3 of the prior rezonings is now being requested to allow the construction of a multi -purpose building in the area south of Signature Drive. This area is currently designated as Community Green Space. The proposed site plan shows an 8,551 square foot building with 2,400 square feet of outdoor decking. A future 2,000 square foot building addition is also shown. A parking lot in front of the building is also shown on the proposed plan. The applicant has provided architectural elevations for the new building that show that the structure will be similar in style to the existing signature Grill and clubhouse. The height of the structure is shown at 25 feet. The building will be available for use by the community for meetings, events and neighborhood gatherings. Item #2 Baymark Golf, L.L.C. An Ordinance upon Application of Baymark Golf, L.L.C. for a Modification of Proffers for a Rezoning to Conditional PD-H 1 Southeast Intersection of Signature Circle and Signature Drive District 7 Princess Anne October 13, 2004 CONSENT William Din: The next item on consent agenda is Item #2. This is Baymark Golf, L.L.C. This is a Modification of Proffers for a Rezoning to Conditional PD-H 1, which was approved on May 11, 1999 and June 26, 2001. The property is located at the southeast intersection of Signature Circle and Signature Drive. This is located in the Princess Anne District. Eddie Bourdon: Thank you again. Eddie Bourdon, a Virginia Beach attorney representing the applicant and we can appreciate this item being placed on the consent agenda. William Din: Thank you. Is there any opposition to placing this on consent? If not, Mr. Barry Knight Will explain this item. Barry Knight: This original plan showed several multi story buildings containing offices and retail uses on the ground floor with residential condos above and the applicant would like to change that to a community center possibly to be used for weddings and special events. In keeping with the character of the neighborhood the golf course and Transition Area we feel like it's an appropriate use of the land so therefore we put it on the consent agenda. William Din: Thank you Barry. Madame Chair, I would like to make a motion to approve the following consent agenda item, Item #2 Baymark Golf, L.L.C., for a Modification of Proffers for rezoning to Conditional PD-H I that was previously approved by City Council. This is in the Princess Anne District. Dorothy Wood: Thank you. Do I hear a second? A motion by Will and seconded by Ms. Katsias. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERS ON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE Item #2 Baymark Golf, L.L.C. Page 2 KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, this consent agenda item has been approved by the Board. Zoning History LLC Modification of Proffers # DATE REQUEST I ACTION 1 05/11/99 REZONING from AG-1/2 & R-40 to PDH1 GRANTED Planned Development and P-1 Preservation District 2 06/26/01 MODIFICATION OF PROFFERS GRANTED CITY CIF VIRGINIA BEACH AGENDA ITEM ITEM: Mizpeh church of the Living God — conditional Use Permit MEETING DATE: November 23, 2004 ■ Background: An Ordinance upon Application of Mizpeh Church of the Living God for a Conditional Use Permit for a church on property located at 1064 Lynnhaven Parkway, Suite 109 (GPIN 14961135630000). DISTRICT 6 —BEACH ■ considerations: The church received their Conditional Use Permit to occupy a suite of an existing shopping center in November of 2091. The conditional Use Permit was conditioned to be for a period of three (3) years. The three year period expires in November. The church is, therefore, requesting a new conditional Use Permit. Staff has received no complaints regarding the church 's operation at this location. The use has been and continues to be compatible to the surrounding uses in the shopping center since their conditional Use Permit in November of 2001 to occupy a suite in the shopping center. There was no opposition to this application. ■ Recommendations: The Planning commission passed a motion by a recorded vote of 11-0 to approve this request with the following condition: 1. Church gatherings shall be limited to Sundays between 8:00 AM and 2:00 PM and Wednesday and Friday evenings between 6:00 PM and 9: oo PM. No more than 50 people shall be present at the church during any church gathering. No more than 25 people shall be present at any other time. ■ Attachments: Staff Review Disclosure Statement Planning commission Minutes Location Map Staff Planner: Karen Prochilo REQUEST: Conditional use permit for a church. LOCATION: Property located at 1 064 Lynnhaven Parkway Suite 109. GPIN: 14961135630000 COUNCIL ELECTION DISTRICT: 6 - BEACH SITE SIZE: Part of a 2.3 acre shopping center 1142 square feet (proposed area) MIZPEH CHURCH OF THE LIVING G•CD Agenda Item # 7 Page 1 EXISTING shopping sho in center (Lynnway Place) zoned B-2 Community LAND USE: Business District. SURROUNDING North: ■ Across Lynnhaven Parkway, private club / 0-2 LAND USE AND office District ZONING: South: • London Bridge Creek borders the property and beyond this is Scarborough Square — a townhouse development/ A-12 Apartment District East: 0 Retail sales / PD-H1 Planned Development West: • London Bridge Creek borders the property and beyond this is Scarborough Square a townhouse development / A-12 Apartment District NATURAL RESOURCE AND CULTURAL FEA TURES: There are no significant natural resources or cultural features. A#CUZ.• The site is in an A1CUZ of greater than 75 dB Ldn and Accident Potential Zone II surrounding NAS oceana. NAS oceana does not have objections to the renewal of this Conditional Use Permit, as the use currently exists. N _- o Summa ofPrposal The church received their Conditional Use Permit to occupy a suite of an existing shopping center in November of 2001. The Conditional Use Permit was conditioned to for period of three(3)ears. The three year period expires in November. The be p y churchrequesting g is therefore uestin a new Conditional Use Permit. Staff has received no complaints regarding the church's operation at this location. MIZPEH CHURCH OF THE LIVING GOD Agenda Item # 7 Page 2 w is �- ..... ... . ....... . ... . .. . ........ .... y.......... ---- --- -- -- ... . ......... . Major sues g p 9 The following represent the significant issues identified by the staff concerning this requ est. Staffs evaluation of the request is largely abased on the degree to which these issues are adequately addressed. • Consistency with the recommendations of the Comprehensive Plan for this area. • Compatibility of the proposed use with the surrounding uses in the shopping p Y center. ........... ... . ............. ...... .... ........ Comprehensive Plan The Comprehensive Plan recognizes this site as being within the "Primary Residential p "with a goal of preserving and protecting the overall character, economic value and Area g p g aesthetic quality of stable neighborhoods. The Plan recognizes that appropriately q Y g located and designed non-residential uses are compatible within the Primary Residential Area. Staff Evaluation Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the `Major Issues' Identified above. (1) The use has been consistent with the recommendations of the Comprehensive Plan regarding Primary Residential Area. MIZPEH CHURCH of THE LIVING GOD Agenda Item # 7 Page 3 (2) The use has been compatible with the surrounding uses in the shopping center since th eir Conditional Use Permit in November of 2001 to occupy a suite in the shopping center. Staff, theref ore, recommends approval of this request subject to the condition below. Conditions 1. church gat herings s shall be limited to Sundays between 8:00 AM and 2:00 PM and y nd Wednesday and Friday evenings between 6:00 PM and 9:00 PM. No more 5o people shall be resent at the church during any church gathering. No than p p p more than 25 people shall be present at any other time. 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 pp y activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. MIZPEH CHURCH OF THE LIVING GOD Agenda Item # 7 Page 4 F.. is . ,. ,.......... ------------- xt, �::;;;;.,.i.: .: ,. �,,ii�; v\\\ v-�. F,<�:, .w�.-M� F. ri.; .,.........,•i,�� FF ....... .... ... ...... ......... ... ..., ...; i.:.:Yi;:, ....:..;,F.;'........................�\1111�[-cam. -:: �-'%,.. ....-.. - . ..... ...... Supplelp-niental Inforlowniation ............. Zoning History C1,II-1 to L_•�71-rri f7 # DATE REQUEST I ACTION 1 3/10/92 Modification to Land Use an (temporary church) Approved 2 2/25/92 Conditional Rezoning (R7.5 Residential to 0-2 Office) Approved 3 1/22/91 Street Closure Approved 8/21/90 Conditional Use Permit (auto sales) Approved 6/23/86 Conditional Use Permit (auto sales) Approved 9/09/85 Conditional Use Permit (tire sales and installation) Approved 4 1/11/82 Rezoning (PD-H Planned Development to PD-H1 Approved Planned Development) 5 6/20/77 Conditional Use Permit (skateboard park) Approved MIZPEH CHURCH OF THE LIVING GAD A nda Item 7 Pa 9,e 5 Public Agency.Comments Public Works Master Ly nnhaven Parkway in the vicinity of this application is Transportation Plan currently a four lane divided major arterial (suburban) (MTP)-. roadway. The facility in this vicinity is designated on the MTP as a 120 foot divided roadway. There is a capital Improvement Program to improve this facility to a six lane divided highway. ' Calculations: Traffic Ca Street Name Present Present Generated Traffic - Volume ca acit Lynnha ven 4� 000 321500 No change, as the use 37, 1 00 � Parkway ADT T already exists. AD Average Daily Trips Water and Sewer: This site is connected to City water and sewer. Public School I Not a licable — No comments. Public Utilities Public Schools Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention office within the Police Department for crime prevention techniques and crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: I Ade pate. MIZPEH CHURCH OF THE LIVING GOD Agenda Item # 7 Page 6 f; is f.. ........... ............................"."...Exhibits Exhibit A Aerial of Site Location MIZPEH CHURCH OF THE LIVING GOD Agenda Item # 7 Page 7 Exhibit B Site Plan showing church location dv PEray T U11 I Pli Xy 2 Ot in r.e fir: Elr5 v CA ........... Au gV-4 A kt "�2 ------------ PC Ok �";iffi 21� .......... 4, I T t 11i 3k: 'Ut � - > lkF. �,. 40( U_ RN g ffiTh4R Z :Uri MIZPEH CHURCH OF THE LIVING GOD Agenda Item # 7 Page 8 Exhibit C PHOTOGRAPH OF EXISTING FXTFRInR MIZPEH CHURCH OF THE LIVING GOD Agenda Item # 7 Page 9 rW m 870 S 9 F3 ; rµ AM ' � Epp f 940 .ttY ,"p• ydPv ,gam 4 ky 4� ,�i+R'` � � :; N $�q ��YWWy [ ��q �✓ i.e. � fw.. .'� �i dr[e � 'ice..-��.�,•'. ru .'�5 { � 3 � 21 Ayi ' � � � iey � '..J• ,'�A, j M ,�aR�[. ]�,fKr�• Pf0 w" x ;€ 3 e. .� 2`i } Hrn :pF�?+•' a��t/� hqy � }] �.`' <f �.''+' .�6r � k �:eqn �M.. Z"• iw. � � �« :� f^., iy,} ,,,2.2 .NIX '� ZrI ... ay. f.,�i��ww f y [ '� � fAf� 6'c •Si'f [°�-. ��..� 4.r. y�� e�" .[r ,.....,. cc.lOwwy {ey ^3F CL F tee :. �`r. Y' y�eeww �. 9!S Mk✓v 'i ��•i2 A '[ ".„`l T^' '�`, ¢^ Fri E ' �pp My �cie`•,i ¢-d-.."} } .. } tom.. 06 �y. wx '.f •:h+e F� td.M M'v .. 55 E�sscc rr55s�c ' `�?' .:-055s. M` t�:5• ids' .- a'5.,; ew.•H �r5 'at•: p� rr�� i:v :� .•.+`� : 3 e<•.. i"" f,.•o-..s.,: w6'^ ,.,s• :`` - ;,..... ' y..r � � it ,ry iu' � xev � �+c•.s .,�.v /4ei any Y[r+ ...N.. �-' Si i. dnF e::. h[ �•.•.� ' Y sM�,' it[r. ] ycp� 5 ] +,M�<s Y-]6' ? i• �. �/c:V.1 !'� ?va \.!t `�, .` 1 -"'r S. k[. 'J! 'ma`s "k"` � x,... ' d+, s `!�.s�' n p,.,, - '�•i .,. 1--- --------- 1 1 1 Exhibit E Disclosure Statement Item #7 Mizpeh Church of the Living God Conditional Use Permit 1054 Lynnhaven Parkway, Suite 109 District 6 Beach October 131, 2004 REGULAR Joseph Strange: The next item is Item #7 Mizpeh Church of the Living God. It's an Ordinance upon Application of Mizpeh Church of the Living God for a Conditional Use p Permit for a church on property located 1064 Lynnhaven Parkway. Dorothy Wood: Sir, you can go right out that door if you want. Eunice Mitchell: Thank you. Good afternoon. My name is Eunice Mitchell. I'm the Pastor of Mizpeh Church of the Living God and this is Chester Creekmore. He's the Assistant Pastor. First of all I made a little boo-boo this morning when I first came in. I signed the opposition card outside not to oppose the church but to oppose the amount of � pp people that I was allowed in the church. We were allowed only 15-25, which causes a eat inconvenience to us. W e couldn't meet with any other churches. We couldn't do anything because we tried to stay within the limits that were given to us in the guidelines, Yt g which was given to us. What we're asking this morning if you would be kind enough to increase the amount for us so we could get some things done. At the present condition we can't do anything with 15-25. We just can't do anything so we're simply just asking for an increase. Dorothy Wood: You're Mrs. Mitchell? Eunice Mitchell: Yes ma'am. Kathy Katsias: How many people are you requesting? What would you like to increase it to? Eunice Mitchell: Well our suite that we have can comfortably seat up to maybe 70-50 people but I know that would probably be, I don't think you're going to go along with it but if you would give us 50 or so we would appreciate it. Stephen white: Madame Chairman? Dorothy Wood: Yes Dr. White. Stephen White: We were aware of the applicant's desire to have 50 prior to this. The issue we had was to make sure that the Navy was comfortable with 50 because this is 1n an accident potential zone. The Navy was okay With the same number. The Navy has Item #7 Mizpeh Church of the Living God Page 2 since informed us after the report has been published that they're comfortable with 50. So if you Wanted to change condition #1 so the number "25" changed to "50" and the number "15" changed to "25", staff is fine With that and I think that is what the applicant is desirable of. Dorothy Wood: Thank you Dr. White. Eunice Mitchell: Thank you very much. Robert Miller: I'd like to make a motion to approve Item #7 and to increase the number of people to 50. Dorothy Wood: Thank you. Do I hear a second? Barry Knight: Second. Eunice Mitchell: Thank you very much. Chester Creekmore: God bless. Dorothy Wood: God bless you. AYE 11 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE R.IPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the application of Mizpeh Church of the Living God has been approved by the Board. # DATE REQUEST I ACTION 1 3/10/92 Modification to Land Use Plan (temporary church) Approved 2 2/25/92 Conditional Rezoning (R7.5 Residential to 0-2 Approved Office) 3 1 /22/91 Street Closure Approved 8/21/90 Conditional Use Permit (auto sales) Approved 6/23/86 Conditional Use Permit (auto sales) Approved 9/09/85 Conditional Use Permit (tire sales and installation) Approved 4 1/11/82 Rezoning (PD-H Planned Development to PD-H1 Approved Planned Development) 5 6/20/77 Conditional Use Permit (skateboard park) Approved k. ,c 7 zk CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Saint James Missionary church -- conditional Use Permit MEETING DATE: November 23, 2004 ■ Background: An Ordinance upon Application of Saint James Missionary Church for a Conditional Use Permit for a church on property located at 5277 Princess Anne Road, Suite 311 (GPIN 14665951890000). DISTRICT 2 — KEMPSVILLE ■ Considerations: The church received their Conditional Use Permit to occupy a suite of an existing shopping center in December of 2001. The Conditional Use Permit was conditioned for a period of three (3) years. The church is requesting a new Conditional Use Permit. Staff has received no complaints regarding the church's operation within this center. The use has been and continues to be compatible with the surrounding uses in the shopping center since the Conditional Use Permit was approved in December of 2001 to occupy a suite in the shopping center. The Planning commission placed this item on the consent agenda because it is an existing use and has operated for the past three years in a manner compatible with the surrounding neighborhood. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following condition: 1. The applicant is limited to one hundred (100) seats in the sanctuary. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Saint James Missionary Church Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department. 1'YI�IH City Manager: REQUEST: Conditional Use Permit for a Church. LOCATION: Property map saintlame Missionary Church Ma Nm1 s < located at w.ot :u c - nla - r � 5277 -= a �' ----- Princess _-�= j� Road + Anne f-. .. r 1 Unit 311. �'._ = ; �. � � _.. -. � o 4 n �..... j _ irr iA hx R f i 1104 it wo yf 006 - A 1 J TERN J J EC1AtZ 1iLIi!, o t A I i OPIN: 14688951899990 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: Part of a 5.7 acre shopping center SAINT JAMES MISSIONARY CHURCH Agenda Item .1 6 Page 1 1,800 square feet (proposed area) EXISTING Commercial shopping center (Kempsville Plaza Shopping Center) LAND USE: zoned B-2 Community Business District. SURROUNDING Across Princess Anne Road, a strip shopping LAND USE AND North: center / B-2 community Business district ZONING: Warehouses and the Eastern Branch of the Elizabeth River / B-2 Community Business District South: and R-10 Residential District • Eastern Branch of the Elizabeth River/ R-1 D East: Residential District • Across South Parliament Drive, single-family West: dwellings / R--1 g Residential District NATURAL RESOURCE AND CULTURAL There are no significant natural resources or cultural features on the FEATURES: site. The site is next to the Eastern Branch of the Elizabeth River. A ICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS oceana. Summary o p Pro osa' The church received their Conditional Use Permit to occupy a suite of an existing shopping center in December of 2001. The Conditional Use Permit was conditioned for a period of three (3) years. The church is requesting a new Conditional Use Permit. Staff has received no complaints regarding the church's operation within this center. SAINT JAMES MISSIONARY CHURCH Agenda Item # 16 Page 2 t �.. IRNII `-�F•F•: F. :fir.•..;...,,.. .» �x .......... ajAft g p g The following represent the significant issues identified by the staff concerning this request. staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Consistency with the recommendations of the Comprehensive Plan for this area. • Compatibility of the proposed use with the surrounding uses in the shopping p Y p p center. i'INIM , F- uOmprehensive Pia., T p recognizes The Comprehensive Plan this site as within the "Primary Residential Area" with a goal of preserving and protecting the overall character, economic value and g p g aesthetic quality of stable neighborhoods. The Plan recognizes that some non- residential uses are compatible within the Primary Residential Area. } ::: �w ........ . . . ........... ... Staff Evaluation Staffs request ff s evaluation of this re uest reveals the proposal, through the submitted materials, adequately addresses each of the `Major Issues' identified above. (1) The use has been consistent with the recommendations of the Comprehensive Plan regarding Primary Residential Area. (2) The use has been compatible with the surrounding uses in the shopping center since their Conditional Use Permit in December of 2001 to occupy a suite in the shopping center. Staff, therefore, recommends a roval of this request. SAINT JAMES MISSIONARY CHURCH Agenda Item # 15 Page 3 Conditions 1. The applicant is limited to one hundred (100) seats in the sanctuary. 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. SAINT JAMES MISSIONARY CHURCH Age#nda Item 16 Page 4 istczx=S U P P I le"a, 1*-%I^l e n ta I nf o r a t I o,%, n Zoning History # DATE REQUEST ACTION 1 2/13/01 Conditional Use Permit (church) Approved 5/23/93 Conditional Use Permit (church) Approved 5/13/75 Conditional Use Permit (amusement arcade) 2/28/72 Conditional Use Permit (350 seat theater) Approved 2/12/65 Rezoning (Limited commercial C-L1 to General commercial C-G2) Approved 2 5/27/97 Rezoning (Residential R-10 to Conditional Apartment A-18 and Business B-2 to Conditional Apartment A-18) Approved 3 5/12/92 Conditional Use Permit (auto repair) Approved 4 2/12/90 Conditional Use Permit (car wash) Approved 5 7/03/89 Conditional Use Permit (church) Approved SAINT JAMES MISSIONARY CHURCH Agenda Item # 16 Page 5 6 5/23/88 Rezoning (Residential R-10 to Business B-1A) Approved Public Agencv Comments Public Works Master Princess Anne Road in the vicinity if this application is Transp ortation Plan current) a four lane divided urban arterial. The facility in (MTEh. this area is designated on the MTP as a 166 foot divided riaht of way. Traffic Calculations: I street Name Princess Anne Road Present Present Volume Capacity Level of Service C - 141800 ADT 1 36,000 Level of Service ADT D - 22,800 ADT 1 Level of Service E- 27,400 ADT Generated Traffic No change, as the church currently operates on the site. Average Daily Trips Water and Sewer: This site is connected to City water and sewer. School Not applicable — No comments. Public Utilities Public schools Public safety Police: The applicant is encouraged to contact and work with the pp 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 Rescue; I Adequate -- no additional comments. SAINT JAMES MISSIONARY CHURCH Agenda Item # 16 Page 6 t ;V F ......::..; .,.::::. ::................. . . Exhmi .. Exhibit A Aerial of Site Location SAINT JAMES MISSIONARY CHURCH Agenda Item # 16 Page 7 Exhibit B Proposed Site Plan w 10, • ...........�...� CA tfL Fl �" � 1...�:.:pk iiyi :•ce.syr': >•:33k7• tiDra ae�+e��lrl.'^"•�e � 1101-F. ;'-fl �41"' "I U. s � S t 1 • '�� • r+ it �� f l r � i Q�q 3 i `-i : ;p mow• �. .................._ • ;;;;; ;. . ff �^ M fF' M A M 1� M R :M. ■f }• M M A h� Y� r K • K rl ib •. 7 i f f l 0 � • SAINT JAMES MISSIONARY CHURCH Agenda Item # 16 Page Exhibit C Photograph of Existing Exterior SAINT JAM ES MISSIONARY CHURCH Agenda Item # 16 Page 9 0 0. A114 �, ,gypFJ,[v•, .K �e�e`o- y r k 21 � ,fn � Gam, tt n rP Ne FA x 7j .. � �/ k �,. « • i;"i f'a.'- "•� ,ate.,,: '�. .Siw. ..� SRC =.�7 rr: •,,, .« �'^ �.� �; w i..+• 'Y:% w 0 IN 0 C saw' k e. � ��`• r �:. tie. � 'o"« H `�.. � _'�,°' "`` ��' � .'�,?. ..... . . . . . ... wno �e'i R ;4i4 ��..<•. 1.. n�� Yde µF ti2 ....................... '+�'fc% •. °' ! 4� ; .cw 4r.4. Y� �.,� 'hu'' t _'fir _. C oil is ,.,.. 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Exhibit D Disclosure Statement SAINT JAMES MISSIONARY CHURCH Agenda Item # 16 Page 10 Zoning History # DATE REQUEST ACTION 1 2/13/01 Conditional Use Permit (church) Approved 5/23/93 Conditional Use Permit (church) Approved 5/13/75 Conditional Use Permit (amusement arcade) 2/28/72 Conditional Use Permit (350 seat theater) Approved 2/12/65 Rezoning (Limited commercial C-1-1 to General commercial C-G2) Approved 2 5/27/97 Rezoning (Residential R-10 to Conditional Apartment Approved A-18 and Business B-2 to Conditional Apartment A-18) 3 5/12/92 Conditional Use Permit (auto repair) Approved 4 2/12/90 Conditional Use Permit (car wash) Approved 5 7/03/89 Conditional Use Permit (church) Approved 6 5/23/88 Rezoning (Residential R-10 to Business B-1A) Approved Item # 1 6 Saint James Missionary Church Conditional Use Permit 5277 Princess Anne Road, Unit 311 District 2 Kempsville October 13, 2004 CONSENT William Din: Our next item is Item # 16 Saint James Missionary Church. This is a request for a Conditional Use Permit for a church on property located at 5277 Princess Anne Road, Suite 311. This is in the Kempsville District. There is one condition associated with this. Sidney Davis: How are you doing? Good afternoon. To the Chair and all members of the Planning Commission, my name is Sidney Davis. I'm the Pastor of Saint James Missionary Church and we are in agreement with the conditions that have been set for the renewal of our Conditional Use Permit. William Din: Thank you Mr. Davis. Is there any opposition to this item? If not, Don Horsley is going to give further comment. Donald Horsley: Thank you Will. In December 2001, the Conditional Use Permit was issued for the establishment of this church. They had a three-year time limit. This is basically the reason why it came back before us again today because of the time limit on it. They have a good track record. They seem like they're doing a good job and we see no reason and there is no opposition from the neighborhood. We don't see no reason other than to reissue the permit. William Din: Thank you Don. Sidney Davis: Thank you. William Din: Thank you sir. Madame Chair, I would like to make a motion to approve the following consent agenda item, Item # 16 S aint James Missionary Church for a Conditional Use Permit for a church on property located at 5277 Princess Anne Road, Suite 311 in the Kempsville District with one condition. Dorothy Wood: Thank you. Do I hear a second? A motion by Will and seconded by Ms. Katsias. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE Item # 16 Saint James Missionary Church Page Z DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, this consent agenda item has been approved by the Board. �� •...'.. ins) ►r yJ V�� `f A��ac�� CITY CIF VIRGINIA BEACH AGENDA ITEM ITEM: city of Refuge Christian Church — Conditional Use Permit MEETING DATE: November 23, 2004 ■ Background: An Ordinance upon Application of City of Refuge Christian Church for a Conditional Use Permit for a church and child care education center on property located at 3420 Holland Road, Suites 103-105 (GPIN 14868230880000). DISTRICT 3 —ROSE HALL ■ considerations: The church use currently exists on this site. The church use was granted a Conditional Use Permit to operate on November 27, 2001, A three-year limit set in 2001 means that the Conditional Use Permit must be renewed in order to continue to operate past November 2004. The applicant is requesting a renewal of the Conditional Use Permit at this time and, in addition, is requesting approval for a small childcare center within the church. The childcare center would be operated under the commonwealth of Virginia provisions for child care with a religious exemption, which allows the church to operate the center without providing an outdoor play area. There are no parking problems or land use compatibility issues with the proposed church use that has existed within this retail center for three years. There is adequate room to operate a day care 1 preschool center in conjunction with the church, which provides an essdntial service to the surrounding community. The Planning Commission placed this item on the consent agenda because it is an existing use and has been operating in a manner that is compatible with surrounding uses, staff recommended approval, and there was no opposition. ■ Recommendations: The Planning commission passed a motion by a recorded vote of 11 -0 to approve this request with the following conditions: 1. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building for the child care center. A certificate of Occupancy for the use shall City of Refuge Christian church Page 2 of 2 be obtained from the Permits and Inspections Division of the Planning Department. 2. As stated by the applicant, the center will be operated under the Commonwealth of Virginia provisions for child care with a religious exemption and no outdoor play area will be utilized. ■ Attachments: Staff Review Disclosure Statement Planning commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department100 City Manager: �6v-xk Staff Planner: Barbara J. Duke Location and General Information REQUEST: Conditional Use Permit for a church and child care education center LOCATION: 3420 Holland road, Suites 1 03-1 05 OPIN: 148682330880000 COUNCIL ELECTION DISTRICT: 3 -- ROSE HALL CUP for Chikkare [.render ni c.onpinr.[ion m I M [._►stir( �� CITY OF REFUGE Agenda Item23 Page 1 SITE SIZE: 14,843 square feet EXISTING LAND USE: Retail/office center SURROUNDING North: * church I A-12 Apartment District LAND USE AND South: . office I 0-2 Office District ZONING: East: • Office l 0-2 office District West: • Auto Sales 1 B-2 community Business District NATURAL RESOURCE AND CULTURAL FEATURES: None AICUZ: The site is in an AICUZ of 05 to 70 dB Ldn surrounding NAS Oceana. The proposed use is compatible within this AICUZ as long as measures to achieve noise level reductions are incorporated. . ......... ... a2 . ....... ..... .............. ------ -- --- Summary of Proposal;:Rl: The church use currently exists on this site. The church use was granted a conditional Use Permit to operate on November 27, 2001 subject to the following conditions. 1. All necessary permits and inspections, and a certificate of occupancy, shall be obtained from the Permits and inspections Division of the City of Virginia Beach Planning Department before occupancy and use of the units as a church. 2. The conditional Use Permit is valid for 3 years. The three-year limit set in 2001 means that the Conditional Use Permit must be renewed in order to continue to operate past November 2004. The applicant is requesting a renewal of the conditional Use Permit at this time and, in addition, is requesting approval for a small child care center within the church. The child care center would be operated under the commonwealth of Virginia provisions for child care with a religious exemption, which allows the church to operate the center without providing an outdoor play area. CITY OF REFUGE Agenda Item # 23 Page 2 ss; }.b}. + li: F. ,• • . >:•. ^.::4•«-:-:-:: ice:'` .... ...- .. .... .. ...... ....... EMIR. . Mn ior lSZ5UW The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. • compatibility with surrounding uses. ...... x Y r Commehensive Pian The Comprehensive Plan designates this area as being part of the "Primary Residential Area." The land use planning policies and principles for the Primary Residential Area focus stronglyon preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size and relationship of land use, both residential and non- residential, located in and around neighborhoods should serve as a guide when considering future development. ................ F., y ... ................. ................ .......... StaTT Evaluation Staff recommends approval of this request. Staff's evaluation of this reques each of the `Major Issue' identified above. There are no parking problems or land use compatibility issues with the proposed church use that has existed within this retail center for three years. There is adequate room to operate a day care 1 preschool center in conjunction with the church, which provides an essential service to the surrounding community. CITY of REFUGE Agenda Item #23 Page 3 Staff, therefore, recommends approval of this request subject to the following conditions. Conditions 1. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building for the child care center. A Certificate of occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 2. As stated by the applicant, the center will be operated under the Commonwealth of Virginia provisions for child care with a religious exemption and no outdoor g play area will be utilized. 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. CITY of REFUGE Agenda Item # 23 Page 4 ............ ... �«A .E: Supplemental Information. Zoning History CUP for Childcare Center in con juncrron wan t_r i ur u s REQUEST I ACTION L-j # I DATE 1 04/23/90 REZONING from 0-2 Office to B-1A Neighborhood GRANTED Business 11 /22/94 CONDITIONAL USE PERMIT (church) GRANTED 10/10/00 CONDITIONAL USE PERMIT (church) GRANTED 11 /27/01 CONDITIONAL USE PERMIT (church) GRANTED 2 05/02/92 CONDITIONAL USE PERMIT (church) GRANTED 3 02/27/84 CONDITIONAL USE PERMIT (mini -warehouse) GRANTED 4 08/19/85 CONDITIONAL USE PERMIT (auto sales and repair) GRANTED CITY OF REFUGE Agenda Item # 23 Page 5 Public Agencv Comments No Comments Water: I This site is currently_connected to City water. Sewer: I This site is currently connected to City sewer. Public Works Public Utilities Public Safely 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 Rescue: The Fire Department will review the detailed plans during the cermit process. CITY OF REFUGE Agenda Item # 23 Page 6 .. 'gip •. �� r x�'rx ' Exhibit B Existing Site Layout CITY OF REFUGE Agenda Item # 23 Page 8 Exhibit C Photograph of Existing Church CITY OF REFUGE Agenda Item # 23 Page 9 Noll�'JI'�ddY �II�I�d �Sil'I��IOI�,IQ�IO� z w Y. w U) 0 .• Aa #.c e w.e qy lGK. ?..� i d aiM• /MR {� +Wien see. i"" y� w Wd'rf +aw el�vgvy ky[5[�, ��HF i�'J I'$k�v y�,[oev Z'i:i ,�•� :: +1�p'f�(� � � ;�[3,' - • �.f 56a } � y��1°{ ��W ah.�w�iw W, Tyu�w �p � viv v". � 5..� 'i��M,Yx' p{� „ery. I%y � mod' � {xj �s(Jn �tw, 5�(�,�•, yy/ .e'e 'CN ""v" a5'�4 3� :� � � �F..<• 3�iSf. �. L:/ Yi� 1 V iw �� {�q1�7 w.a £' �y��1f} ' p err• e� �y ��.y v, �W' i1R' c affw .M F N .A•n �!e4. Srr. .c8 rr.. +ram 'f•"' �w. f 3 RJR. ¢ Y� ^'. � au. =1I T°" � TSi� jj$ �V✓« [�y� +:/�M' 'W. ^•.,.. i .Hb � .hype � 'F^' � `B+ �� rMn ��Mv, yam. •%r �. wad " ; �2�g- � 4 y�"�" ' �LqF� ��r`. ' N�.r 4ie' �� . ;Pcw¢i�d �+w✓L,lev•y!- P�ypg� eyy�Y�'+`p�.2� }`� yy�� r•N. [.�+' 4trv, � � ,�ej /� �y••��' 43 „' �ryI 011N �y � ��. � +dF'n � � . ��y � ��•' / .i • � �� l`q, •%p�� 7/�w� Ale 02 ` 76 41) .14 3 V IC 1r1nZ :xy -: spy 5..,. ..� �•. '•ie. � ✓n fy� iv !"It F" ... q;. Fr � ,W,[[ S. •� .h wA A' ta ? :: �.:: s•'w: M.• I LU i Cr.,,.. r wo� � � � 'w 721, "w ,�; � � p�� w, w.w. swy � is f� �iJ .�,w•. 712 9i Ru C .S �, wN F Ww f M A•+ [ �,,yy�F.�,' -a ? � �M t�� i 4J � ems' C ,a ;c��. :aj •N. �' {j �.y � .may � L.• '"� i_ ::S . °w �,,. {tee ?�! i�1� � .� �' `,r'• �F ., �Mt}� � .�•+'. �� f V✓ �lr. ��+. �sT ' � M'e r"•ww. M:. v',[ � ':'� . w .:• [f i 0� `yE. �••••. �e.F. �`'�fin� .&P} k v5F .,� •`: •�•6 :yf+ 's/°fFe �k+r•" s7�k,.e. ii• 2":, .zq...+ _ �.�`w. ...%4 � yy ry � 'fd .:� '.:�I:S � r•.: : �'�,. �.c- ��', - :,'1 `?�:' .,x1 ft�+%+�. .xiq S� :: +wr' � .a � e�i iu: �. � ;.h •.� y ,a,. Ell .... ...... M-- wiffilao-11 KEW M Exhibit D Disclosure Statement CITY -OF REFUGE Agenda Item ## 23 Page :10 Zoning History CUP for Childcare Center in conjunction with Church J#JDATE REQ U EST ACTION 1 04/23/90 REZONING from 0-2 Office to B-1A GRANTED Neighborhood Business 11 /22/94 CONDITIONAL USE PERMIT (church) GRANTED 19/10/99 CONDITIONAL USE PERMIT (church) GRANTED 11 /27191 CONDITIONAL USE PERMIT (church) GRANTED 2 05/02/92 CONDITIONAL USE PERMIT (church) GRANTED 3 02/27/84 CONDITIONAL USE PERMIT (mini -warehouse) GRANTED 4 08/19/85 CONDITIONAL USE PERMIT (auto sales and GRANTED repair) Item #23 City of Refuge Christian Church Conditional Use Permit 3420 Holland Road, Suites 103-105 District 3 Rose Hall October 13, 2004 CONSENT William Din: The last item that I have on consent is Item #23. This is the City of Refuge Christian Church. It's an application for a Conditional Use Permit for a church and child care education center on property located at 3420 Holland Road, Suite 103-105 in the Rose Hall District. There are two conditions. Bishop Joseph Stallings: Good afternoon. Madame Chairman, Mr. Vice Chairman and each and everyone of the Planning Commission. We do agree with the conditions that are set before us. We appreciate you putting us on the consent list. My name is Bishop Joseph Stallings. William Din: Thank you Mr. Stallings. .-,. Bishop Joseph Stallings: okay. Thank you. William Din: Is there any opposition to this item being on consent? If not, Don Horsley will please explain it. Donald Horsley: Here again we have a favorable recommendation from the staff and this is an item for a Conditional Use Permit which was issued in November 2001, and it again runs again on a three year time limit. The time is closely expired. The only change to this is that the church is petitioning to operate a child care center and this child care center would be operated under the Commonwealth of Virginia for reasons of child care with a religious exception, which allows the church to operate the center with them providing an outdoor play area. They got conditions that relate to these and I understand that the church is operating in a very sensible way and they're doing a great job. We feel like that they deserve to be put on the consent agenda. William Din: Thank you Don. Madame Chair, I would like to make a motion to approve the following consent agenda item, Item #23 City of Refuge Christian Church for a Conditional Use Permit for a church and child care education center on property located at 3420 Holland Road, Suite 103-105 in the Rose Hall District with two conditions. Dorothy Wood: Thank you. Do I hear a second? A motion by Will and seconded by Ms. Katsias. AYE 11 NAY 0 ABS 0 ABSENT 0 Item #2 3 City of Refuge Christian Church Page 2 ANDERS ON AYE CRABTREE AYE DIN AYE HORSLEY AYE KAT S IAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, this consent agenda item has been approved by the Board. Dorothy Wood: Thank you all for coming. Gall 1.4t i Fsi`:sl:�A.•3 •;.NJ { Zoning History [#I DATE REQUEST ACTION 1 1-2-62 Rezoning (Residence Suburban District 3 to Approved Limited Commercial District 2) 2 10-12- Conditional Use Permit (Motor Vehicle Sales and Approved 93 Service) 3 6-27-95 Conditional Use Permit (Auto Repair) Approved 4 5-23-00 Reconsideration of Rezoning Request Approved 3-7-00 Rezoning (I-1 Light Industrial to Conditional B-2 Denied Business) 5-26-92 Conditional Use Permit (Motor Vehicle Sales) Approved 5 6-25-91 Rezoning (AG-2 Agricultural to I-1 Light Industrial) Approved and Conditional Use Permit (Hotel) 6-25-90 Rezoning (13-2 Business to AG-2 Agricultural) and Approved Conditional Use Permit (Group Home) �i�� gFq{ • .�.;�.. CITY OF VIRGINIA BEACH AGENDA ITEM W=WMWENNWWMW0� ITEM: ocean Mystique, Inc. —Conditional Use Permit MEETING DA TE: November 23, 2004 ■ Background: n A lication of ocean Mystique, Inc. for a conditional Use An ordinance upo pp studio on property located o permanent make-up and piercing Permit for a tattoo, p �4g7g576630000, itat 2335 and 2337 Vinia Beach Boulevard (GPINS g 14979557110000). DISTRICT 6 — BEACH ■ considerations: permanent makeup and body - piercing to establish a tattoo, p o0 artists, two body -piercing The applicant proposes aVe a store manager, six tattoo he site. The applicant will h iercing studio on t s associates. The proposed p technicians and three sales studio will occupy 0:00 AM to 10:00 PM. Theproposed hours of operation are x service will remain on site in a of the building, The existing to 3,60o square feet to support both the existing Sufficient parking existspp different area of the building.existing asphalt along t proposes to remove the g p d proposed uses. The applicant p p shrubs. an p p plant the area with trees and shru the front of the building and to conditional use permit for a tattoo, permanent makeup and body -piercing The co ions of the Comprehensive Plan studio is consistent with the overall recommendations for the area. mission laced this item on the consent agenda because it is The Planning Com p mended approval, and there compatible with surrounding land uses, Staff recom was no opposition. ■ Recommendations: b a recorded vote of 11 -o to n Commission passed a motiony The Planning approve this request with the following coeditions: 1 . The con ditional use permit for a tattoo, permanent make-up and body - piercing establishment is approved for a period of one year, with an administrative review every year thereafter. issued to the applicant without the approval of the Health Department business license shall not be iss provisions of 2 � A far consistency with the Ocean Mystique, Inc. Page 2of2 I EA Chapter 23 of the city code. determine Planning staff to meet with the current P g The applicant shall tin for the planting area and foundation planting tion adequate street frontageConditional Use permit Application "Exhibit to Accompany Condi be on the �xhib Dodd, PC".The site shall depicted ed b Horton and Do , for Ocean Mystique", prepay Y landscaped ed before the bus iness license is issued. l parking areas adjacent lighting to illuminate all 9 e applicant shall install g g building.Alighting The pp area located behind the building, to include the a r review and to the g Planning Department fo be submitted to the Pla g plan shall approval before the business license is issued. 41 r 7. e entire lass area of the r(4)s uare feet of th ga e more than fou q hall be no other No sign g ' ted on the windows. There s ' r wall s shall be permit an wall area of exterior i } is installed on Y din neon signs or neon accents, signs, including r of the building, windows and 1 or doors. the exterio d body -piercing The actual tattooing anoperation on a customer shall not the establishment. right-of-way be visible from any publicht-of-way adjacent to g I Monday through The hours of operation shall be 10;00 a.m. to 10.00 p, , o . m . on Sunday. Saturday, and 12:00 p.m. to 8.0 p ■ Attachments: Staff Review Disclosure Statement Planningcommission Minutes Location Map R ecommended Action: Staff recommends approval. Planning Commission recommends approval. Rubmittinc1 Dep artmentlAgency: Planning DepartmentC��'1�u City Manager: • Beach Department of ' report is prepared by the staff of the Virginia In use. recommendations to The following p and professional land • side data, information, a p n making a decision Planning to pro Council to assist them r g • Commission and the city Cou the Planning Commis g in this application. regard Location and General Information • Permit for a Tattoo, Permanent Makeup and Bcdy- • Conditional Use RE[�U�ST. Piercing Establishment � � ocean M �� .�'€rrr 1-�7 N- Property locate 0 �'�� L t� ��:�� LpCATIo �- 2337 2335 / t Virginia Boulevard- 1. - r �� _ � �� . W -' rr . y�- ■lLI []'^"11 1 [." ` d i � � �� : ;.: •r ��F'flf�7r1� #� . :" •fin 'j 1. 'j(1jr►' ro� _ y.-•-L ..f� err • • �Ye. - � , 24 f 64r �� ` ,r M-'jn1 °°erar -� ...............,...... N,.. 8ieu" Pure: GPIN. 'l4 97957003;/497955711 COUNCIL ELECTION DISTRICT: � -BEACH SITE SIZE: 0.696 acres EXISTING Two service type businesses, Nelson Income Tax Service and. OCEAN MYSTIQUE Agenda Item- # 17 Page..1 Neon, and a personal service es tablishment, On Location LAND USE: Tidewater u Salon, occupy the site. 'r inia Beach Boulevard LNG ' Virginia g-2 Business SURROUND e Shopping Center 1 • . Landon Bridge p s LAND USE AND North. and Service 1 B-2 Business . Automotive Sales a ZONING. South. and Repair 1 B-2 Business Small Engine Sales p East: and Service 1 B-2 Business Vilest • Automotive Sales . . and parking. The site is NATURAL s covered by building CE The site �s impervious, f the Chesapeake Bay RESOURCE Management Area o within the Resource g • cultural features CULTURAL AND re are no significant cult Preservation Area. The site. associated with the s FEATURES.• • � Z of more than 75dB L d n and APZ l(Accident . The site �s �n an AICU proposed use is AICUZ. NAS Oceana. While thep p potential Zone} surrounding � e uses rations, three service type with airfield opera ce two of not compatible used use would replace tl exist on the site. The prop applicant be currently s Navy requests that the e uses. The United State Y el fly over thus once fighter aircraft routinely Y ware that high -perform g � produces made a d night. This flight activity p ' a at all hours of the day an g affect the this are is in this area that could a high noise and vibration levels very hag applicant's operation. SUMM.'ary makeup and body -piercing a tattoo, permanent p applicant proposes to establisher, six tattoo artists, two body - studio The pp nt will have a store manag � are on the site. The applicant hours of operation sales associates. The proposed 'ercin technicians and three3 Egg square feet of the piercing ro osed studio will occupy to 'Ig:gg PM. Thep p � t parking exists to support 'lg.go AM remain on site. sufficient p g • � existing tax service will re remove the existing building. The g applicant proposes to r and proposed uses. Thepp d shrubs . both the existing p p the area with trees an asphalt along the front of the building and plant p OCEAN MYSTIQUE Agenda Item # 17 Page 2 . ... . .. ................ . . . . . . . . ...... . . . .......... . .. ... major issues .. the staff concerning this significant issues identified by fallowrn represent the slgn� n the degree to which these The g ►s largely based o t. Staffs evaluation of the request request. ssed. issues es are adequately addre ` e surrounding uses in the area. compatibility of this use with the e Section 242.1 comp Y the City Zoning ord�nanc , ` ith the requirements of Y makeup and ■ Compliance w in to tattoo, permanent m p • 23 of the City code pertaining and in Chapter body piercing iercin establishments. .-... ..:: comprehensive s ' as Strategic Growth Area • designates this area of the city . Comprehensive Plan Map des�g Road and Virginia Beach The Comp intersection of Great Neck London Bridge Area. The �n gateway currently exhibits � -North Neck peninsula. This gat y ' the gateway to the Great p ... roadway access points Boulevard is g • ns overhead utilities, roa y ive number of nonconforming srg . this area being one of an excess designs. Much of this �s due to rent building and site and incoherent the oldest commercial areas in the city. . e of commercial retail • recognizes the need to provide a rang Comprehensive Plan recog • • it is equally important that The p needs of all its citizens, q . and services to meet the yes in an attractive and well- act�vit with the concept of providing • e accomplished in harmony w �s b p permit a lication is consistent this nt• The conditional use pe pp maintained physical enviranme ion recommends implementing a • ions of the Plan, however the p cease with the recommendations in facades and signs, Inc improve the quality of the building ` coordinated effort to �mprav q is and improve the internal c foundations and parking lots, around building fa the area. landscaping pedestrians throughout • pattern for vehicles and p circulation OCEAN MYSTIQUE Agenda Item # 17 Page 3 s.............. •::fir; x>'> s. F. r taff EvaluatIon"` Staff recommends ppRLoval of this request. • t reveals the proposal, through the submitted materials, Staff s evaluation of this request i • 3 • 'fled above. The proposal's of the'Major issues' !dent! addresses each , adequately � Issues are strengths in addressing the Mayor . t makeup and body -piercing • • it for a tattoo, permanen p The conditional use perm atians of the comprehensive (1) overall recommend studio is consistent with the ov oval of the existing s the applicant proposes rem Plan far the area. Additionally, trees and shrubs. This building order to plant halt aloe the front of the g in ons of the asp g specific recommendations enhance i meat s consistent with the p nsive Plan regarding this area. regulations before Comprehensive all Health Department 's required to comply with The applicant i q(2) may obtain a business license. he y subject to the conditions below. Staff, therefore, recommend s a royal of this request Conditions make-up and body -piercing • it far a tattoo, Permanent la � . The conditional use perm ent eawith an administrative review establishment is approved for a period of one yr every year thereafter. not be issued to the applicant without the approval of the A business license shallof Chapter 23 of the City �' consistency with the provisions p Health Department for cons y Code. shall meet with the Current Planning staff to determine adequate 3. The applicant planting area depicted an the foundation planting for the p g ue,s street frontage and Application for ocean Mystique") • conditional Use Permit Exhibit to Accompany prepared by Horton and Dodd, PC". The site shall be landscaped before the business license is issued• parking areas adjacent to the • tall lighting to illuminate all p g The applicant shall tins g g � .Ali lighting plan shall be 4. pp located behind the building g ' in to include the area 1 before the building, t for review and approval submitte d to the Planning Department bu siness license is issued. OCEAN MYSTIQUE Agenda Item # 17 Page 4 entire lass area of the exterior • than four (4) square feet of the g 5. No s�gnage more .There shall be no other signs, all be ermined an the windows exterior of wall(s) shall p led an an wall area of the ex • ins or neon accents, instal Y including neon signs the bg uildin , windows and 1 or doors. • � operation on a customer shall not be actual tattooing and body -piercing opera �. The a dscent to the establishment. .. an public right-of-way add risible from y �g:gg .m., Monday through 7. The hours of operation shall be 10:00 a.m. to p . g P.M. to g;gp P.M. on Sunday. Saturday, and 1 Z•g .. may be required during the NOTE: Further conditions y administration of applicable City Ordinances. The site !an . • � conditional use permit' may require submitted with this - all • filed site plan review to meet revision during clefs p be • des. Conditional use permits must applicable City Co see • - 2 months of City Council approval. activated within 7 - her . Zoning ordnance far further Section 2��g� of the City g information. OCEAN MYSTIQUE Agenda Item # 17 Page 5 # �AT 1 1-2-62 2 1 o-12- 93 3 5-27-95 4 5-23-99 3-7-00 5.25-92 5 5-25-91 yr i 'i ......; ....;;;. ��)F•; ,y� E . +'- CGS-'.-"10G:'--•':..... . ow& ::;,; :l, ton tiupplemental infortild oceqnl.�M Zoning History t ue�Inc* REQUEST Rezoning (Residence Suburban District 3 to Limited Commercial District 2) Conditional Use Permit (Motor Vehicle Sales and Service) Conditional Use Permit (Auto Repair) Reconsideration of Rezoning Request Rezoning (I-1 Light Industrial to Conditional B-2 Business) Conditional Use Permit (Motor Vehicle Sales) Rezoning (AG-2 Agricultural to I-1 Light Industrial) and Conditional Use Permit (Hotel) ACTION_ Approved Approved Approved Approved Denied Approved Approved OCEAN MYSTIQUE Agenda Item # 17 Page 6 6-25-90 Rezoning (B-2 Business to AG-2 Agricultural) and Approved Conditional Use Permit (Group Home) Public Agencv Comments Public Works Master Transportation Virginia Beach Boulevard �t of this site is an eight - Plan lane divided major ------------ Street Name 7Present Present Traffic Calculations: volume ca acit Generated Traffic Existing Land Use ` - 383 Virginia Beach 57,043 84°250 Boulevard ADT 1 ADT proposed Land use 3 - 383 Average Daily Trips 2 as defined by personal service and retail uses 3 as defined by personal service and retail uses Public Utilities • h City water main in Virginia a 30-inch, 20-inch and 10-inc y Water: There is site has an existing 5/8-inch Beach Boulevard in front of the site. The s water meter that t may be used or upgraded. • ewer main in Virginia Beach There is an 8-inch City gravity s Sewer. .The site is connected to city sewer. Boulevard in front of the site and the sanitary sewer collection Analysis of Pump on 254 a dated . A Stati Y sV stem is re uired to ensure that future flows can be accommodated. Public Safety opportunity for crime, concerned •=e-:.In an effort to reduce oppo YPoliw and incorporate safety by design parties should review Planning ies contained in the CVB Pla g concepts and strategies rime Prevention Through Environmental Departments, C Guidelines for Designing Safer Design - General � . .. A co of this booklet can be Communities. booklet copy OCEAN MYSTIQUE Agenda Item # 17 Page 7 i► .,. r, r+ an d r-S t n r obtained b contacting either the Fianning u�pol Ll ; I � u y the Police ' Prevention Unit at (757) Department's artments crime o available �n pdf. 6. These guidelines are �� 06 also at n the Planning Department's format o web site ov.com/dept/planning. • lighting to illuminate all parking e applicant should install leg g The pp dude the area located as adjacent to the building, to in are � -mounted lighting for the the building. In lieu of pole behind best lighting design, s that would prodg g parking area produce the be� � on the building. applicant may mount lighting units the appl y streets, �n fixtures are installed along Where lighting for illumination purposes? r ores, on the building p parking areas, or height and design and should be of appropriate all fixtures direct reflection appropriately as to pre angledvent any causes reduced andlor disability glare form of glare that i g • performance) toward adjacent uses and visual pe } visibility and city streets. Fire and Rescue: No Fire Department concerns with this Conditional Use Permit. OCEAN MYSTIQUE Agenda Item # 17 Page 8 >;. .. .. , ;F mom Exh*b'gt Exhibit A Aerial of Site Location OCEAN MYSTIQUE Agenda Item # 17 Page 9 _....�..._ .....� ...................... ........... �.N.�_..............................� . x t) 61 - 060' 2 I Or �. rn Or { f£•? �s F Z � 3 i Exhibit B Proposed Site Plan OCEAN MYSTIQUE Agenda Item # 17 Page 10 ExhibitCD Proposed Building Elevation OCEAN MYSTIQUE Agenda Item # 17 Page 11 . _• cc 19 _ a , at f %bow s « �� n�21ca �F ^X.`. �, 93{. �N'b may^' aF..F�:Ji. `'^ m•.i 1}(J�v. �'''] 3•"n' enmot^ �;•. .. fIQ IZ�» g�s k. �f I °J .. .,... 04 5• tv� ��e"�°•�� .� '�sYe g }{# <` +.ii.p � � R: ^'fie:. :M' �,� yam,�. 0 .vb+'aei� R Eo- .> Dl .; , y ~� Z .:ti r• � c t � Y 'i doeF '�qra�� reert�'E �' ?,�` � �r .x- yc,, „•, � l Yam• y�,a F 1�' £ `s�. ow - �,e 4 .x t'• '�ao-• k�c `/.p"' .i.a 23 dWi Ica,. iY•+• '�•„ Ark� AI 3 �` •` � �" <w' �: `` lk r` AX -01 kli,`. sue' �`�cy�. � �.5 3 � � ,.,, :�` ...tR � �.•� `� 3 y ^ .....::, r$>77 ......t.. . i i 4 �� :kts b..7.. CA A, ' •.v ,...L�..K .',4�",S 'ram �i4 • spy.• 3� ry� Yw i% Svc S f Sup: x 'nif 5 5 si 1i8 f�i � S F 3 AY+ y ,�.•k 3k Exhibit E Disclosure Statement OCEAN MYSTIQUE Agenda Item # 17 Page 12 Item # 17 Ocean Mystique, Inc. Conditional Use Permit 2335 and 2337 Virginia Beach Boulevard District 6 Beach October 135 2004 CONSENT • This is ocean Mystique, Inc. This is a William Din: The next Item i s Item # 17 . � property permanent makeup and piercing studio on p p ert y Conditional Use Permit for a tattoo or p District. There are located at 23 3 5 and 23 3 7 Virginia Beach Boulevard in the Beach seven conditions associated with this item. for the applicant. It's a pleasure being lee: Thank you. Bryan Plumlee, here pp . Bryan Plum y editions. There is a slight modification e Commission. We do agree With the co � for before the rafted regarding signage. It's allowing ' r #5 from the exact language that is d g in Number ken down and that what was resolved ' ore si a e but the roof signage is being to a little m gn g conditions and we thank you for putting us wi th the staff and so we do agree with those on the consent agenda. . there an opposition to this item being on ' William Din: Thank you Mr. Plumlee. Is y If not, Mr. Ripley would you address? consent? . application for a tattoo and permanent make up . d Ripley: :Yes sir Mr. Din. This applica d its in Ronal p �' 11 a location over .7 acre of land an and body piercing is in a building that is actually zone. So a y p r limited usage you can apply in this the accident potential zone, which is Vey has looked at this • noise zone at .75 decibels. The staff not only that but it is also in a high n required for y has also. The restrictions apply to it are q very closely and the Commission very close to the ordinance ' year. That is to make sure that it is operating y review every y ' dons of this Conditional Use Permit. In and the cond itions of the ordinance and the condi ilit test and it meets a light use for this piece o our opinion it meets the cornpatib y improving the P ' also iin roving the property with landscaping, p property. The applicant is p end that it be approved. building so we put it on the consent agenda. We recomm • e Chair I would William Din: Thank you Ron. Madam- , like to make a motion to approve nditional Use Item #17 Ocean Mystique, Inc., for a Ca the following consent agenda Item, I sated at 2335 makeup and piercing studio on property to Permit for a tattoo, permanent teak p a p conditions. and 2337 V it gins a B e ash Boulevard in the Beach District with seven Dorothy Wood: odThank you. Do I hear a second? A motion by Will and seconded by Ms. Katsias. AYE 11 NAY 0 ABS 0 ABSENT 0 Item #17 Ocean Mystique, Inc. Page 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE IAA` SIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed W�' eeden: B a vote of 11-0, this consent agenda item has been approved by the Board. 'r or CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: H&A Enterprises —Chan a of Zoning District Clas sification and conditional Use Permit MEETING DATE: November 23, 2004 ■ Background: An Ordinance upon Application of H&A Enterprises, L.L.C. for a h Ca_ ny Zoninq District Classification from R-7.5 Residentialistrict to Independence B-2 Community Business District on the soothe Boulevard and Smokey Road (GPINS 1 site as being part of P 9mary 0) The Comprehensive Plan designates this Residential Areal suitable for appropriately located suburban residential and non- residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 4 - BAYSIDE An Ordinance upon Application of H&A Enterprises cotionl aof Use Permit for motor vehicle sales on property located on the southeast rne Independence Boulevard and Smokey Road T 4 — BAYSIDE 147933019400000;14793302900000). DISTRIC ■ considerations: The applicant is requesting a deferral of these requests to the December 14 city time to discuss the proposal with the it meeting. .The applicant desires tim g community. ■ Recommendations: Deferral to December 14 city council meeting. ■ Attachments: Location Map Recommended Action: Deferral to December 14. r Submitting Department/Agency: 9 rtment/A ency: Planning Department � City Manager: qb Map E-4 nle H&AEnterMrtses L,L C 0 25C off. 021 a � o S Urr V r � 1 Rezoning from R7.5 to Conditional B-2 CUP for Motor Vehicle Sales # DATE REQUEST 1 10-02-01 Conditional Use Permit (church) 2 05-14-96 Conditional Use Permit (motor vehicle sales) 3 09-24-96 Conditional Use Permit (car wash) 4 06-13-95 Conditional Use Permit (auto repair) 5 05-29-90 Conditional Use Permit (auto repair) 6 07-06-81 Change of Zoning (0-1 Office District to B-2 Community Business District) ACTION Granted Granted Granted Granted Withdrawn Denied r' Ck CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Womack Chappell, L.L.C. F/KIA Linda T. Chappell — Change of Zoning District classification MEETING DATE: November 23, 2004 ■ Background: An ordinance upon Application of Womack Chappell, L.L.C. flkla Linda T. Chappell for a change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts and R-20 Residential District to conditional 1-1 Light Industrial District on property located on the south side of London Bridge Road, approximately 300 feet west of Hornet Drive (GPIN 1495758399 — part of). The Comprehensive Plan recommends this area for a mix of light industrial, low-rise office and limited retail uses. DISTRICT 6 — BEACH ■ Considerations: The applicant is proposing to rezone 20.7 acres of property for Phase 11 of Taylor Farm Corporate Park. Phase 1 of the park was rezoned by city Council on May 147 2002 with identical proffers to those proposed with Phase 11. The construction plan for Phase I is currently under review by the Development Services center. The site plan shows Phase II as a mirror image of Phase I. Access, landscaping, signage and buildings will be coordinated throughout the park and the park will be managed through a Property Owners Association. Deed restrictions will be recorded that include architectural controls and maintenance responsibilities for the Property Owners Association. The site plan shows landscaped buffers along both Dam Neck Road (50 foot wide) and London Bridge Road (20 foot wide). The landscaped buffers will be planted with a mixture of deciduous and evergreen trees to provide a screen that mimics the natural wooded areas along Dam Neck Road. The proffers include provisions for increased setbacks and high quality building materials for the buildings located along Dam Neck Road. The Planning Commission placed this item on the consent agenda because the proposal is consistent with the recommendations of the Comprehensive Plan, the Planning Staff recommended approval, and there was no objection from the public. The following report is prepared by the staff of the Virginia Beach Department of P Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Locationand general information REQUEST: Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts and R-20 Residential District to Conditional I-1 Industrial District. LOCATION: Property located on the south side of London Bridge Road, 300 feet west of Hornet Drive. GPIN: Part of 14957583990000 Conditional Zoning Change: from AG-1, AG-2, R-20 to 1-] WOMACK-C HAPPELL Agenda Item # 1 Page 1 COUNCIL ELECTION DISTRICT: 6 -- BEACH SITE SIZE: 20.7 acres EXISTING LAND USE: Open fields SURROUNDING North: Industrial park/ 1-2 Industrial District LAND USE AND South: • Taylor Farm 1 AG-1 and AG-2 Agricultural District ZONING: East: • Vacant property I B-2 community Business District and R-20 Residential District Vilest: Warehouse 11-2 Industrial District NATURAL RESOURCE AND CULTURAL FEATURES: The site is a grassy field with no significant environmental features. AICUZ: A portion of the site is in an AICUZ of Greater than 75 dB Ldn and a portion of the site is in an AICUZ of 70 to 75dB Ldn surrounding NAS Oceana. The United States Department of the Navy owns a restrictive easement over this property. The Industrial use proposed is in conformance with the easement restrictions; however, individual uses will be subject to further review for compliance by the Navy. .............. . ................... Summary of Proposal •••..,F The applicant is proposing to rezone 20.7 acres of property for Phase 11 of Taylor Farm Corporate Park. Phase I of the park was rezoned by city council on May 14, 2002 with identical proffers to those proposed with Phase 11. The construction plan for Phase I is currently under review by the Development Services Center. The site plan shows Phase 11 as a mirror image of Phase 1. Access, landscaping, signage and buildings will be coordinated throughout the park and the park will be managed through a Property owners Association. Deed restrictions will be recorded WOMACK-C HAPPELL Agenda Item # 1 Page 2 that include architectural controls and maintenance responsibilities for the Property Owners Association. The site plan shows landscaped buffers along both Dam Neck Road (50 foot wide) and London Bridge Road (20 foot wide). The landscaped buffers will be planted with a mixture of deciduous and evergreen trees to provide a screen that mimics the natural wooded areas along Dam Neck Road. The proffers include provisions for increased setbacks and high quality building materials for the buildings located along Dam Neck Road. �v Major issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely abased on the degree to which these issues are adequately addressed. ■ Degree to which the application is compatible with AICUZ guidelines. • There is a significant amount of frontage on Dam Neck Road, so the aesthetic view from this roadway is a concern. The site is located within a Strategic Growth Area and the proposal should be consistent with the comprehensive Plan recommendations for that area. .........- ...... ..... ...........:.:: . .:...:....::::::::..: ................. ....................... Sve Planomprehen The comprehensive Plan recognizes this site is within Strategic Growth Area 10 — South oceana Area. The South oceana Area encompasses properties on both sides of Dam Neck Road between Holland Road and corporate Landing Parkway. Developable land located in the western region of this Strategic Growth Area is planned for non- residential uses to include a mix of light industrial, low-rise office and limited retail use. Access to Dam Neck and Holland Roads should be minimized. Every effort should be made to consolidate the parcels of land to achieve a more unified and well -planned WOMACK-CHAPPELL Agenda Item # 1 Page 3 . develo mentDevelopment in this area should exhibit an attractive, high quality design, p p especially as seen from Dam Neck, Shipps corner and Holland Roads. � Y /.r . o �rs The following are proffers submitted by the applicant as part of a conditional Zoning . Agreement(CZA). The a licant, consistent with Section 107(h) of the City Zoning g pp Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§1 07(h)(1 )}. Should prob p p this application be approved, the proffers will be recorded at the Circuit court and serve pp pp as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 when the Property is developed, it shall be developed into no more than twelve (12) parcels substantially as shown on the exhibit entitled "TAYLOR FARM CORPORATE PARK PHASE 11 SITE PLAN Virginia Beach, Virginia", dated 04/30/04, and prepared by the Spectra Group, which has been exhibited to the Virginia Beach city council and is on file with the Virginia Beach Department of Planning (hereinafter `Site Plan"). PROFFER # 2 The parcels shall be subject to the following mandatory site development guidelines: a) A fifty foot (50') Landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. b) A twenty foot (20') Landscape setback from London Bridge Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. c) A minimum fifty foot (50') building setback shall be required from London Bridge Road d) A minimum thirty foot (30') side yard building setback and rear yard building setback (on non- WOMAcK-CHAPPELL Ag e n d a Itom 1 Page 4 through lots) shall be required on those lots with a rear property line which abuts Dam Neck Road. e) A minimum fifteen foot (15') setback shall be required on lots which do not have a rear property line abutting Dam Neck road, provided a ten foot (10') wide category II Landscape Buffer is maintained along the entire length of the side property line from which the fifteen foot (15') setback is measured. f) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK", dated March 15, 2002 which are included in the Deed Restrictions described in Proffer number 3. g) No onsite vehicular parking, outdoor storage, loading docks, or loading areas shall be permitted between Dam Neck Road and any building on any parcel adjacent to Dam Neck Road. h) No building shall exceed forty-five feet (45') in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block, concrete panel, stone, wood, E.I.F.S., or metal and shall be an earth -tone color or colors. The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which is visible from Dam Neck Road shall be either brick, split face block or stone. PROFFER # 3 When the property is subdivided it shall be subject to a recorded Declaration of Protective covenants, conditions and Restrictions ("Deed Restrictions") administered by a mandatory membership Property owners Association. In addition to the requirements set forth herein, the Deed Restrictions shall include Articles requiring mandatory assessments for maintenance of the landscape buffers and entrance features as well as Architectural controls. The Deed Restrictions have been exhibited to the Virginia Beach city Council and are on file with the Virginia Beach WOMACK-CHAPPELL Agenda ltem # 1 Page 5 Department of Planning. PROFFER # 4 Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Evaluation of The above proffers mimic the proffers proposed with Proffers: Phase 1 and will ensure consistency throughout the park in terms of landscaping, signage and building characteristics. City Attorney's The City Attorney's office has reviewed the proffer Office: agreement dated June 24, 2004 and found it to be legally sufficient and in acceptable legal form. .. .... ..... ........... .......... ............ Staff Evaluation.......... Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the `Major Issues' identified above. The proposal's strengths in addressing the `Major Issues' are (1) The majority of the property is currently zoned R-20 Residential District. The applicant's proposal will eliminate approximately 12 acres of residential zoning within the higher AICUZ. The industrial uses proposed are in conformance with the restrictive easement owned by the U.S. Department of the Navy on this site. The Navy has no objection to this rezoning. (2) The applicant has provided a coordinated plan in terms of access, stormwater management, and landscaping, and has proffered controls for essential elements of design such as building materials and signage. There are several design controls proffered for the parcels along Dam Neck Road where aesthetic concerns are the greatest. (3) The site plan and proffers proposed by the applicant will ensure a high -quality industrial park will be developed on this site. This is in conformance with the WOMACK-CHAPPELL Agenda Item # 1 Page 6 recommendations in the comprehensive Plan for the South Gceana Strategic Growth Area. Staff, therefore, recommends approval of this request. NOTE: Further conditions may be required during the administration of applicable city ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable city codes. WOMACK-CHAPPELL Agenda Item # 1 Page 7 Supplemental Information Zoning History �wqw V r%y VY r r Ap"N Conditional Zoning Change: from AG-1, AG-2, M-20 to 1- 7 # DATE REQUEST ACTION 1 07/07/92 CONDITIONAL USE PERMIT for golf driving range GRANTED 05/14/02 REZONING from AG11AG2 to CONDITIONAL 1-1 GRANTED 09/14/04 MODIFICATION OF PROFFERS GRANTED 2 05/05/86 REZONING from AG 1 /AG2 to 1-111-2 GRANTED 06/27/95 RECONSIDERATION OF CONDITIONS GRANTED 10/14/02 REZONING from I-111-2 to CONDITIONAL 1-2 GRANTED 3 01/26/99 ENLARGEMENT OF NONCONFORMING USE WITHDRAWN 4 10/24/00 REZONING from B-1 to CONDITIONAL B-1A GRANTED 5 12/13/94 ENLARGEMENT OF NONCONFORMING USE GRANTED WOMACK-CHAP PELL Agenda Item # 1 Page 8 09/23/97 CONDITIONAL USE PERMIT for outdoor recreation GRANTED 6 09/26/74 REZONING from R-8 to 1-2 GRANTED Public Agency Comments Public Works Master Transportation Plan MTP : Dam Neck Road in the vicinity of this application is -- . a four lane divided major arterial roadway. London Bridge Road in the vicinity of this application is a two lane minor collector road. Neither of these roadways is identified for improvement/upgrade in the current Capital Improvement Program. Traffic Calculations: Street Name Present Present Generated Traffic Volume 49,046 -Capacity 37,100 Existing Land Use Dam Neck Road ADT' ADT 1- 1 0 London Bridge 91962 97900 ADT Proposed Land Road ADT USe 3. 15575 Average Daily Trips Z as defined by <agriculture > 3 as defined by <industrial uses Public Utilities ties Water: There is a 16 inch water main in London Bridge Road fronting this site Sewer: There is no City of Virginia Beach sanitary sewer in the vicinity of this site. WOMACK-CHAPPELL Agenda Item # 1 Page 9 Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention office within the Police Department for crime prevention techniques and crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Fire Department regulations will be addressed during detailed site plan review. WOMAK-C HAP PALL Agenda Item # 1 Page 10 Exhibits.N Exhibit A Aerial of Site Location WOMA #�-CHAP PELL Agenda Item.. # 1 Page...11 s g • i �k w. .................w..n.+w k k i (�'•; f F iwf.wi s # f i yyy . . . ......... .. -------------- r f _ AW ......... UJ l F w .c.....w...•... iifv9��-—x�-',-�.'S. ...., N.M.,,.,... t _,.J.q�r• ?:!3i'£%�7 Y`'1,.;''�SdF...... .,...�. - ._..., sf I f} Rk 1 � Exhibit B Proposed Site Plan �'s.. z (D z �'4 Lj kJA i.s,# ° sue- � 1 ! WOMA 1�CHAPPELL Agenda item � 1 Page l2 ...................... ',fir,. \�e.+<�� P� ��•A. ;y, r,x. f''i of � bn .. � ,[<-. D{.•. .a'.:. �� n-h Su`�f � x .•�&:' y ,lh,e' "" �. 'dve 4 s � -��< A.:� nor ;� Rom.: ia'c'' �'+: •'� : C � d.r iN' 4, 15 iat< tc. � `•9 %.� `'>< `^•' -� Vr � � �,' �.' �° �' -fig t++ <. �k# �. � � y� �� + �c, i•.. u''aa � ;.�". ,.0 .=. 4,. %;;. C j A €. Z '� :ram " '� � ''� � o" ` j �p� '� •F,1�3 �"" � �°° �. ,.. 9 a•. � �. ..may. "� .:.+' � !' sf. t�7�f :'•� .yap ram. •s.v r� '� k'. aF+� rx Exhibit C Disclosure Statement WOMA :KCHAPPELL Agenda Item- 1 Page 13 Item # 1 Womack Chappell, L.L.C. f/k/a Linda T. Chappell Change of Zoning District Classification from AG-1 & AG-2 Agricultural Districts and R-20 Residential District to Conditional I-1 Light Industrial District South side of London Bridge Road District 6 Beach October 13, 2004 CONSENT Dorothy Wood: The next order of business will be consent items. Our Vice Chairman Mr. Will Din will handle this portion of the agenda. William Din: Thank you Ms. Wood. Today we have 11 items on our consent agenda. As I call each of the items, will the representative or applicant please come up to the podium, you will state your name, your relationship to the application, state that you've read the conditions and there are conditions associated with it and you agree with those conditions. As I call these items would you please come forward? The first item I have is Womack Chappell, L.L.C. flkla Linda T. Chappell. This is a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts and R-20 Residential District to Conditional I--1 Light Industrial District. This is located in the Beach District. Eddie Bourdon: For the record, Eddie Bourdon, a Virginia Beach attorney representing the applicant. This is Change of Zoning from AG-1 and AG-2 and R-20 to Conditional I- 1 zoning, and as proffered we appreciate being on the consent agenda. William Din: Thank you Mr. Bourdon. Is there any opposition to this item? If not, Mr. Horsley, I believe is going to explain why we have placed this item on consent agenda. Donald Horsley: Okay. We had a favorable staff recommendation and they didn't have any objections to it from the general public. A few of the main concerns that staff did have that were addressed as problems were compatibility with the AICUZ guidelines, the aesthetics along Dam Neck Road and the consistency with the Comprehensive Plan. The proffers readily addressed that. The majority of the property is zoned R-20 so rezoning this property to Conditional I-1 we have taken 12 acres of residential zoning out of the high AICUZ areas so that is a big plus as far as the Navy is concerned. For these reasons we have placed this on the consent agenda. William Din: Thank you Don. Madame Chair, I would like to make a motion to approve the following consent agenda item, Item #1 Womack Chappell, L.L.C., flkla Linda T. Chappell. This was a Change in zoning Classification from AG-1 and AG-2 Agricultural Districts and R-20 Residential District to Conditional I-1 Light Industrial District located on the south side of London Bridge Road approximately 300 feet west of Hornet Drive in the Beach District. Item #1 Womack Chappell, L.L.C. flkl a Linda T. Chappell Page Z Dorothy Wood: Thank you. Do I hear a second? A motion by Will and seconded by Ms. Katsias. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, this consent agenda item has been approved by the Board. B-2 01 a B-2 OAI f7F� Conditional Toning Change from R-10 to 0-1 Zoning History ,Ar # DATE REQUEST ACTION 1. 9-28-93 Rezoning (R-10 Residential to 0-1 Office) Denied 5-26-92 Rezoning (R-10 Residential to 0-1 Office) Denied 11-24- Rezoning (R-5 Residential to 0-1 Office) Denied 86 Womack Cha ell. LLC Conditional Zoning Change: from AG-1, AG-2, R-20 to t-7 # DATE IREQUEST I ACTION 1 07/07/92 CONDITIONAL USE PERMIT for golf driving GRANTED 05/14/02 range REZONING from AG1/AG2 to CONDITIONAL I-1 GRANTED 09/14/04 MODIFICATION OF PROFFERS GRANTED 2 05/05/86 REZONING from AG1/AG2 to I-1/I-2 GRANTED 06/27/95 RECONSIDERATION OF CONDITIONS GRANTED 10/14/02 REZONING from I-1/I-2 to CONDITIONAL I-2 GRANTED 3 01/26/99 ENLARGEMENT OF NONCONFORMING USE WITHDRAWN 4 10/24/00 REZONING from B-1 to CONDITIONAL B-1A GRANTED 5 12/13/94 ENLARGEMENT OF NONCONFORMING USE GRANTED 09/23/97 CONDITIONAL USE PERMIT for outdoor GRANTED recreation 6 09/26/74 REZONING from R-8 to I-2 GRANTED � fy1 +y Ni e wtr,.+rY4,{ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Mary Spady — Change of Zoning District classification MEETING DATE: November 23, 2004 ■ Background: An Ordinance upon Application of Mary Spady for a Change of Zoning District Classification from R-10 Residential District to Conditional 0-1 Office District on property located at 844 Kempsville Road (GPIN 14666453560000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 2 — KEMPSVILLE ■ Considerations: The applicant proposes to rezone the site from R-1 o Residential to Conditional 0-1 office and convert the single-family dwelling into a real estate office. The applicant is proffering a site plan that depicts the existing building, six parking spaces and landscaping. A single entrance to the site from Lobaugh Drive is also shown. Hours of operation, site lighting and signage are also proffered. The request is not consistent with the Comprehensive Plan recommendations for the area. It is Staff's conclusion that good architectural and site designs are not acceptable substitutes for good land use planning. The focus must be on applying sound land use planning practices first, and then addressing design considerations. Essentially this is the same request that was denied by the City Council in both 1992 and 1993. As evidenced by the zoning history map in the attached staff report, nothing has changed in the immediate area since those denials. The area, particularly on the east side of Kempsville Road, is a stable residential neighborhood with compatible public uses. Circumstances have not substantially changed since the past denials of this application. The proposed use is not compatible with the stable residential area adjacent to the site. The activity and overall character of the proposed use will contribute to strip non-residential development and will encourage future rezonings introducing additional incompatible uses in this established neighborhood. There was opposition to the request. Mary Spady Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 6 to 4 with 1 abstention to deny this request. ■ Attachments: Staff Review Disclosure Statement Planning commission Minutes Location Map Recommended Action: Staff recommends denial. Planning Commission recommends denial. Submitting Department/Agency: Planning Department � A City Manager: J L " '0'�''L The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. ma Location and Ueneral Information REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Change of Zonin District classification from R-1 6 Residential District to Conditional 0-1 Office District Property located at 844 Kempsville Road B-2 C 14666453566606 DISTRICT 2 — KEMPSVILLE MARY S PADY Agenda Item # 3 Page 1 SITE SIZE: 32,525 square feet EXISTING LAND USE: A single-family dwelling occupies the site. SURROUNDING Lobaugh Drive LAND USE AND • The Kempsville Library and Police Precinct 1 P-1 ZONING: North: Preservation District • Bellamy Manor Drive South: • Single-family dwellings 1 R-10 Residential District • Kempsville Road East: Fairfield Shopping center 1 B-2 Business District West: Single-family dwellings 1 R-10 Residential District NATURAL RESOURCE AND A single-family dwelling and mature landscaping occupy the site. CULTURAL There are no natural resources or cultural features associated with FEATURES: the site. AICUZ: The site is in an AICUZ of less than 55dB Ldn surrounding NAS Oceana. Summary of Proposal:.......... The applicant proposes to rezone the site from R-10 Residential to conditional 0-1 pp Office and convert the single-family dwelling into a real estate office. The applicant is proffering a site plan that depicts the existing building, six parking spaces and landscaping. A single entrance to the site from Lobaugh Drive is also shown. The � applicant is proffering the use of the site as professional offices. Hours of operation, site lighting and signage are also proffered. MARY SPADY Agenda ltem # 3 Page 2 " i ?1.1•j•. �x ... A: Maor ss U to),Z g p g The following represent the significant issues identified by the staff concerning this staffs evaluation of the request is largely based on the degree to which these request q issues are adequately addressed. • Consistency with the Comprehensive Plan recommendations for the area. • compatibility with the surrounding land uses. _Comprehen.sive Plan::: The precognizes Comprehensive Plan this site to be within the Primary Residential Area. For within Prima Residential Areas, the Plan emphasizes the need to properties ry p reserve and protect the overall character, economic value and aesthetic quality of the stab g le neighborhoods, particularly articular) through the avoidance of introducing incompatible usesg Established residential neighborhoods shall be protected against invasive land uses that due to their activity,intensity, size, hours of operation or other factors, would Y tend to destabilize them. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§1 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. MARY SP DY Agenda Ite 3 Pa e 3 PROFFE R # I Prior to converting the use to a professional office, the Property shall be improved substantially as shown on the p Y exhibit entitled "CONCEPT SITE LAYOUT & LANDSCAPE PLAN OF MARY SPADY REALTY 844 Kempsville Rd., Virginia Beach, Virginia", dated June 30, 2004, which has g been exhibited to the Virginia Beach city Council and is on file with the Virginia Beach Department of Planning (hereinafter "concept Plan"). PROFFER # 2 Grantor shall install and maintain trees, landscaping and fencing on the Property substantially as shown on the Concept Plan. PROFFER # 3 The uses permitted on the Property shall be limited to PROF professional offices, including but not limited to real estate, insurance, g, en legal, sneering, medical, dental, architectural g and accounting. PROF FER # 4 Grantor shall utilize the existing structure. Any exterior building renovations shall be of the same or higher quality building materials as the materials used on the existing structure. In the event of involuntary destruction of the existing structure, any reconstruction thereof shall substantially conform to the Concept Plan and appearance of the structure as it existed immediately prior to such an involuntary destruction. PROF FER # 5 The freestanding monument style sign depicted on the Concept Plan shall have a brick base matching the p existing building, shall be no greater than six feet (6) in height and shall be internally illuminated. PROFFER # 6 An lighting installed within the driveway or pa P Y parking area � on the Property shall be "ground level lighting" and shall not exceed a height of thirty-six inches (36"). The lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER # 7 No commercial trash containers shall be utilized on the Property and only non-metallic trash containers, similar to p Y those provided by the City of Virginia Beach for residential neighborhoods, shall be used on the Property. All such MARY SPADY Agenda Item ::.# 3 Page 4 trash containers shall be stored immediately adjacent to the office building. PROFF ER ## 8 The business operation on the Property shall not be open to the general public beyond 9:00 AM to 8:00 PM, Monday through Saturday and Noon to 0:00 PM on Sunday. Nothing contained herein shall preclude the owners or employees thereof from working within the building beyond these prescribed time periods. PROFF ER # 9 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Evaluation of The proffers are adequate. The agreement will insure that Proffers: the use of the site is limited to low intensity office uses, that the hours of operation are defined, and that the general appearance of the site remains residential in mature. Attorne 's The City Attorney's Office has reviewed the proffer City y Y g Office: agreement dated June 30, 2004, and found it to be legally sufficient and in acceptable legal form. ,�-,�y•,y............." Staff Evaluation Staff recommends denial of this request. ' evaluation of this request reveals the proposal, through the submitted materials Staff s e a q , . . . and the proffers, does not address each of the `Major Issues identified above. The a p , proposal's weaknesses in addressing the `Major Issues' are (1) The request is not consistent with the Comprehensive Plan recommendations for the area. It is Staff's conclusion that good architectural and site designs are not acceptable substitutes for good land use planning. The focus must be on MARY SPADY Agenda Item'# 3 Page 5 sound land use planning practices first, and then addressing design applying s p g considerations. Essential) this is the same request that was denied by the City Council in bath 1992 and 1993. As evidenced by the zoning history map, nothing has change d in the immediate area since those denials. The area, particularly on the east side of Kem sville Road, is a stable residential neighborhood with compatiblepublic ublic uses. Circumstances have not substantially changed since the past denials of this application. (2) The pro proposed use is not compatible with the stable residential area adjacent to p the site. The activityand overall character of the proposed use would contribute to s pnon tri -residential development and would encourage future rezonings p additional incom atible uses in this established neighborhood. introducing p Staff concludes these weaknesses cannot be adequately addressed through changes to additional proffers, and, therefore, recommends denial of the the proposal or throughp request. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during derailed site plan review to meet all applicable city Comas. DIARY S PADY Agenda Item # 3 Page 6 � 22 .............. .. . ......... Supplul 0 Zoning History Conditional Zoning unange rrom n- i u ru u- , # DATE REQUEST ACTION 1. 9-28-93 Rezoning (R-1 0 Residential to 0-1 Office) Denied 5-26-92 Rezoning (R-10 Residential to 0-1 Office) Denied 11-24- Rezoning (R-5 Residential to 0-1 Office) Denied 86 Public AqencLComments MARY 5 PADY Agenda Item # 3 Page 7 Public Works Master Tran s ortation Kemp sville Road in front of this request is a four lane Plan M Tp : divided minor urban arterial as designated on the Master Transportation Plan (MTP). The City Master Transportation Plan Map indicates that this segment of Kempsville Road will be upgraded to a 150 foot wide divided roadway with a bikeway in the future. Dedication of right-of-way sufficient to accommodate the future roadway expansion may be required during detailed site plan review. Traffic Calculat ions: Street Name Present Present Generated Traffic volume Capacity Existing Land Use �7 40 vii4e Road 33, 5�6 - 15 4 Kemps ADT I ADT Proposed Land Use 3- 26 Average Daily Trips 2 as defined by a single-family dwelling 3 as defined by an office use Public Utilities Water: There is a 6-inch water main in Lobaugh Drive, a 6-inch water main in BellamyManor Drive and a 16-inch water main in Kempsville Road along this site. The site must connect to City water. Se g sanitary Sewer: Eight -inch sanita sewer mains exist in both Lobaugh Drive and BellamyManor Drive fronting this site. The site must connect to City sewer. Sanitary sewer pump station analysis for Pump Station 421 is reauired to determine if proposed flows can be accommodated. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strateaies as they pertain to this site. MARY S PADY Agenda Item # 3 Page 8 Fire and Rescue: No fire department concerns with this Conditional Rezoning request. .: DIARY S P►DY Agenda Ite # 3 Page 9 ;; ;? } Exhibits ° Exhibit A Aerial of Site Location :MA RY S PAY A nda Item 3 Pad 1� Exhibit B Proposed Site Plan 0 40 '11� 6 N C c 0 0 N N to 0— Z 4-0 00 0 N E E ce C V)L i< CL f by H 44. 4 a. 4to . .. .. ... ROBINS .......... a fy m - - - - - ------------------ .. .. . . .... MARY SPADY Agenda Item:V 3 page...11 LU z RLDLe W Exhibit C Proposed Building Elevation MARY SPADY Agenda Item # 3 Page 12 i`po-x q!-Pf i• i. w'• •k dc. ." '2.: "• +uiu $fs• �Y. IFS'': � !\•:. .:N:;}, .y.::. `� :5::::: '{ is e•i:ti �eS-: Exhibit D Disclosure Statement 6;•s. iS ii•. ebo-, vu. �.h. :iQw'. A� ? " �y„ a::•. yr' M.. �.:. .�v:. ,M1ktit. is �: ., $°�-- -:.� .x+' _ 'a .:ti'i's• �!6!. [• ':ii•:: !• _ ^tiK �i�' ' - �`k•. LAt•.� 51 %a: R�... y�y .� i� �• t�:;;iid�� .�.�. C: � tZ. 'K-.c � .� .p� �ri .{?�'v� Fh'.,.: .i sir; c •. xo rH? '?xii. ter... x:S}` � f-..: .aG:, '�'. �� .. i 'Y•' ...... .... .rr. n �e �:. ih'�. >�kc :.ham •LR ' 4.:'f6" •... � ..: .. . lie MARY S PADY Agenda Item # 3 Page 13 Item #3 Mary Spady Change of Zoning District Classification from R-10 Residential District to Conditional 0-1 office District 844 Kempsville Road District 7 Princess Anne October 13, 2004 REGULAR Dorothy Wood: We will now proceed to the regular agenda portion of our meeting. I want to remind everyone that we need adhere to the rules and procedures that were explained to you at the start of the meeting. Please be aware of what other speakers before you have said and please do not be offended if I stop your presentation for being repetitive. I certainly don't want to limit anyone's rights however we have a lot to cover today and we must stick to our procedures. Thank you. I'll turn it over to Mr. Strange, our Secretary. If the people in the back would like to spread out a little bit, you look like your pretty crowded. We have plenty of room now. Joseph Strange: Thank you Madame Chairperson. The first item on the agenda is Item #3 Mary Spady. An ordinance upon Application by Mary Spady for a Change of Zoning District Classification from R-10 Residential District to Conditional 0-1 office District on property located at 844 Kempsville Road, District 2, Kempsville. Eddie Bourdon: Good afternoon Madame Chair, Mr. Secretary and members of the Commission. For the record, my name is Eddie Bourdon, I'm a Virginia Beach land use attorney and it's my pleasure to come before you this afternoon representing this application which is one that involves a request for a conditional rezoning to 0-1 office Use District with very strict proffers on a parcel of land containing 32,625 square feet with 250 feet of road frontage on Kempsville Road. A major arterial highway just down the street from its intersection with Providence Road between that and its intersection with Princess Anne Road where we're about to build a very significant flyover. A road that in the Master Transportation Plan that is slated to be a 150-foot highway. It is already over 100 feet and it is already a four lane road. This piece of property is located adjoined just across the street from and on the same side as the police station and library and commercial parking lot for those public facilities, which is of the same nature as a commercial parking lot. The property is also directly across from Kempsville Road from the Fairfield Shopping Center, a very large commercial enterprise with a number of out parcels including fast food restaurants. This piece of property has a house that built on this property many, many decades ago, one that has been well maintained. The home faces Kempsville Road. It is set back 30 feet from the property line and over back about 65 feet back from the actual pavement section of Kempsville Road. It is well back from the roadway itself. The house faces Kempsville Road and has been well maintained. It has been owned by the applicant for a number of years and as you all well know this Item #3 Mary Spady Page 2 property has been u for rezoning in the past. This is the first time that I've taken a crack P Y p at it so to speak. But the issue I think is fairly well understood. It is the only house . aloe here that faces Kem sville Road. It is a office zoning that we have requested and g p I've passed out copies of Section 800 of the Zoning Ordinance and IT briefly read you p what it says about 0-1 Zoning. The 0-1 office District is intended primarily for office Y and institutional uses. Obviously, you got an institutional use right next door, which is the library and the police station. within this district it is intended to provide an environment appropriate ro riate to office or institutional character and compatible with residential uses, which may adjoin, compatible with residential uses which may adjoin and where public facilities are available to meet their needs. I believe that is exactly the zoningcategory that fits the situation that you have before you with this piece of � Y property. Given its location, given the road that t fronts upon, given the structure that pert Y i exists upon the property and what is around it, I think it is very difficult for any reasonable person to define Kempsville Road in this location as a residential street. It is not a residential street. This application as proffered and I will review the proffers with total f 9 proffers, 8 of which are applicable and the 9is a generic you. There are a op � 1h proffer that deals with site plan review. The first is that prior to converting the use of this property to professional office the property shall be improved substantially as shown on P Y a the exhibit entitled "Conceptual Site Layout and Landscape Plan" of Mary Spady Realty at 844 Kemp sville Road, Virginia Beach, Virginia dated June 30, 2004, which you have a copy of There is that plan. with this plan, the house that is there will not change. A driveway will be added to the rear. Landscaping is already significant in place. Fencing already in place. The parking will be added here behind a berm. The house itself is, which will be converted into a real estate office is 80 feet from the nearest home here, which is facing on Lobaugh Drive across from the entrance to the large parking lot that serves the police station. The parking area here behind the berm again, heavy landscaping, is approximately the edge of the parking space closest to this house on Bellamy Manor Drive and is some 70 feet away from that home behind landscaping and fencing. The second proffer indicates that the Grantor will install and maintain trees, landscaping and fencing on the property as shown on the concept plan. The third proffer p g and we're fencing the entire back property line that you see there landscaped. The third proffer is the uses permitted on the property shall be limited to professional offices including real estate, insurance, legal, engineering, medical, dental, architectural or accounting. This will be a real estate office. The fourth proffer is the Grantor will utilize the existing structure and any exterior renovations in the future shall be at the same or higher quality building materials as the materials used with the existing structure of the house. It looks like a house. It's residential in character. In the event of an involuntary disruption, a fire or some other catastrophe of the existing structure, any reconstruction of that building must conform both with the concept plan, in terms of its location and size and its appearance. It must be as existed prior to the involuntary disruption i.e., house. In other words, you won't be able to build a commercial style office building. To the north of the police station in the next block, there is an office that is a commercial appearing office that's zoned 0-2. There is also an 0-2 Office at the corner of pp g Providence and Kempsville, just to the south, again, a commercial looking structure. This will not be in any point in time with these proffers ever anything other than what Item #3 Mary Spady Page 3 appears to be today. A home not a commercial appearing structure. This lady's business is in the 0-2 property next to the police station and has been for decades. The fifth proffer is a free- standing monument style sign depicted on the concept plan. It will have a brick base to match the house. It will be no greater than six feet in height and will be internally illuminated. The sixth proffer is that the lighting installed along the driveway and the parking area will be ground level lighting no higher than 36 inches off the ground and shielded to deflect any light towards Kempsville Road and not back towards the landscaping and the fencing and the neighborhood. The seventh proffer is that no commercial trash container shall be utilized on the property only nonmetallic trash containers similar to those used in residential neighborhoods in the City of Virginia Beach may be used. The eighth proffer is the business operation on the property, which is an office and that is all that it can be, as an office, shall not be opened to the general public beyond 9:00 a.m. to 8:00 p.m. Monday through Saturday. That is office hours are 9:00 a.m. to 8:00 p.m. Monday through Saturday, noon to 6:00 p.m. on Sunday. Nothing contained here shall preclude the owner's or employees from working in the office beyond those hours but no customers will be permitted. The real estate business to those of you who are involved in it may know it has obviously become less office intensive with all of the new technology that we're dealing so there is less time spent in the office for these types of uses. These types of uses exist throughout the City of Virginia Beach and very successfully throughout the City of Virginia Beach. In fact, a gentleman is here today who I had the privilege of representing a number of years again a very similar situation for a house across from the Fire Station # 10 on Providence Road that was converted to a business with a very tightly proffered application back in the beginning of conditional zoning when people were not all that comfortable with what it does and what it will do to protect the neighborhood behind it. It was approved. It has been successful. It is now an architect's office. It has caused no problem whatsoever with the neighborhood that abuts it to the rear. we've got situations on Pleasure House Road, Bonney Road, Shore Drive, Princess Anne Road, Virginia Beach Boulevard, and First Colonial Road. I could go on and on of homes on roads at the time they were built were not major arterial highways that have been converted to offices and successfully so. That is clearly is proposed here. This application has been recommended for approval in the past by the Planning Commission and by the Planning staff. The Ed Weeden: Eddie, can you finish up? Eddie Bourdon: I'm about done. In staff s conclusion that good architecture and site design are not acceptable substitutes for good land use planning and in our opinion, we have all of the above that single family residential development on 32,000 square feet fronting Kempsville Road would not be, and is not good land use planning in this location. Dorothy wood: Thank you Mr. Bourdon. Eddie Bourdon: Thank you all very much. Item #3 Mary Spady Page 4 Dorothy Wood: Are there any questions for Mr. Bourdon? William Din: Eddie? Eddie Bourdon: I'll be happy to answer questions. William Din: I mentioned in the informal meeting that there is a neighborhood monument sign in the corner of Bellamy Manor Drive. Would that be retained in this area? Eddie Bourdon: Absolutely. Our intent and I believe it is in the public right-of-way. Were it on the subject properly we have no problem with it being maintained there. The intent here is to keep this property to the greatest degree possible looking exactly like it looks today with additional landscaping and just the provision of better access and a parking area. That sign will not be disturbed in any way by this proposal. There is no access proposed upon Bellamy Manor Drive whatsoever. The only access is on Lobaugh where we already have access to the institutional use to the north that goes beyond us further to the east beyond this property. William Din: Can you describe a little better the landscaping in this parking lot area and to the rest of the residential? Eddie Bourdon: We are proposing here and there is some existing trees. We're also proposing a solid hedgerow of and I'm not sure what we are using. I'm sure it's not Red Tips. I assume it is Crepe Myrtles along the property line where we also have a fence. Here were proposing a berm along with heavy shrubbery. There are some large trees that will be maintained. They will not be coming down that are on the southern portion of the site. This will all remain wooded with the berm being just small berm just to screen any potential view whatsoever of vehicles that will be parked in the parking lot. Again, the parking area is set back such that it is 70 feet from the nearest house. I've got the statistics here. It will be 70 feet from the nearest house. It is 50 feet from the property line and we will agree to do anything that anyone desires with regard to landscaping the parking lot. We think we've done much as anyone can expect to do. It's a small six - space parking lot just for that small office that will be in the house. William Din: What happens to the driveway on Kempsville Road? Eddie Bourdon: The driveway on Kempsville Road goes away. The only access will be on here in the back on Lobaugh Drive, where I believe there is access today. William Din: Are you physically removing the driveway in the front? Eddie Bourdon: I don't believe there is one actually in the front. I don't believe there is any access from Kempsville Road. There is no intention to maintain access on Item #3 Mary Spady Page 5 Kempsville Road. The only access will be Lobaugh in the back. The times I've been by and I've been by a number of times and I didn't notice. There is no one utilizing it. William Din: Thank you. Eddie Bourdon: There would be no access on Kempsville. Dorothy Wood: Ron. Ronald Ripley: Is the vacant lot has that always been vacant or was there a house on there at one time? Do you know? Eddie Bourdon: I do not know that Mr. Ripley. I presumed that at some time there may have been a house on that property. Ronald Ripley: Do you know if the applicant or previous owners have tried to sell that for a residential use or do you know that? Eddie Bourdon: I don't believe that the applicant has tried to sell any of the property for residential use or try to sell it period. Ronald Ripley: Has the applicant owned it a long time? Eddie Bourdon: She has owned for, I believe a minimum of 12 years. She may have owned it longer than that. Dorothy Wood: Kathy. Kathy Katsias: Is there any room in back to put the parking spaces behind the house rather than on Kempsville Road? Eddie Bourdon: We put the parking in the area where it is least potentially intrusive to anyone. If we were to put the parking in this area it would be in closer proximately to the side of this gentleman's house here. So just having the driveway coming in to the parking here places it here. In terms of Kempsville Road you're talking about 60 feet from the pavement, so we try to place it in a manner that would be least objectionable by staying as far away as possible from the homes and being able to buffer them significantly from the homes where as trying to place parking in here would be problematic in terms. Now our pavement is 18 feet from our property line, which is back here and to try to put parking here you have to put pavement closer to the shared property line. We're trying to keep a significant buffer with landscaping and green space from the residential. It is a transitional use given its location on this major arterial highway. Dorothy Wood: Thank Eddie. Are there any other questions? Jan. Item #3 Mary Spady Page 6 Janice Anderson: Thank you. We received, as you know some petitions they don't support the application. Have you had a chance to talk to the neighbors on this? Eddie Bourdon: No. I dad not attempt to contact the neighborhood because of the history of this application. I've sat through these hearings and heard the previous applications and they have been recommended for approval by Planning Commission and by staff. From my understanding and from what I've heard it is very obvious that there is a great deal of issues here that go beyond land use. I don't know if there is anything that I can say to the folks involved that was going to change any of that. They know what the proposal is. I believe what everyone clearly recognizes and I don't think there is any going back that Kempsville Road is going to not only be what it is but it is even going to be more of an arterial highway. The idea that there is a better use for this piece of property and that use is residential use, I'm sorry but I think its just come to the point where everyone has to recognize that to protect this community and putting a use like this and maintaining the house the way it is the best protection, the best insulation for that community. I don't know if the City wants to come in and do some parking over here for an addition to their police station or their library but this is a very innocuous use. It's an appropriate use for this property in this location given the circumstances. If the house that was there were facing Lobaugh, it would be a little bit different situation. It is facing Kempsville Road. It's the only out there that faces Kempsville Road, and to try to use it residentially, I think we can all recognize it is not an appropriate use. Now, the City may indicate at some point well we might want to buy some of the property to widen the road. This house is in line with the parking lot in front of the police station and the library. If they are going to widen the road that far, which again over 30 feet from the property line to the pavement they are going to come in and take out their own parking in front of the police station and the library. So, I believe the application at one point it was defeated by one vote at City Council, and it was situation where I think the vote was taken in October. I'm sorry April, wrong election and wrong month. So, I just believe that it is a very appropriate use. A, very well thought out, well proffered and given the circumstances that we find and it is and I could go through. Dorothy wood: Eddie, would you answer Ron's question? Ronald Ripley: Eddie, you mentioned the right-of-way and the reservation for potential of widening of Kempsville Road future, what would be the distance between the right-of- way reservation line and the front of the house? Do you know that distance? Eddie Bourdon: I do not know that. What I can tell you is that again at 12 feet by a lane of traffic within the area that the City already has which is about 3 S feet there is ample room to add yet another lane of traffic still would leave 23 feet before you hit the property line and then from the property line to the house it would be about 30 or maybe a little bit more than 30 feet. It is just over 30 feet. Again, I don't know what the ultimate right-of-way is 150 feet and I think with what has already been provided for here, I'm sure you got over a 100 feet of right-of-way today. When is that day going to come? I don't know the answer to that. Item #3 Mary Spady Page 7 Ronald Ripley: I was trying to find out how close. If the City owned the entire right-of- way what would be the distance from the new right-of-way line and the front of the house? Eddie Bourdon: I don't know where the new right-of-way line will be. I don't know how the road will be aligned. Dorothy Wood: Is there any other questions for Mr. Bourdon? Thank you. Eddie Bourdon: Thank you. Joseph Strange: We have opposition. Mike Ash. Mike Ash: My name is Mike Ash. Dorothy Wood: Glad to have you with us Mr. Ash. Mike Ash: Thank you. My name is Mike Ash and in the three minutes allotted to me I would like to speak for the neighborhood. I had spoken to them before on these occasions, and I live within three houses of the property on Bellamy Manor Drive. We have as you referred to the petition that has been circulated in the neighborhood. I feel the majority of the residents of Lobaugh and Bellamy Manor Drive are opposed to this rezoning on the grounds of the precedent that it sets for furthering encroachment of commercial property on to our residential neighborhood. It opens up I feel the property there between Bellamy Manor and Providence Road fronting on to Kempsville Road, it opens up the possibility of commercial development along Providence Road behind the houses on Bellamy Manor Drive. So, we welcome the police station and the library in our neighborhood, we feel that further non-residential encroachment on our neighborhood is a detriment to our neighborhood. In answering the question the vacant lot has never been built on. It has always been vacant since the Bellamy Manor area was developed. I take issue with the fact that there are no other houses fronting Kempsville Road. If you go to the north to the other side of Lock Lane there are a number of very nice and desirable residences fronting Kempsville Road exactly the same road, and they seem to change hands and seem to be very desirable and thy are all very well kept. So, there are residential residences along Kempsville Road. I would like to draw your attention to one of my concerns and that is the area down at Kemps River where there are similar residential areas on Kempsville Road but also there are very some undesirable commercial properties that I feel, income tax place and they are not very well kept. I would hate to see that corner of Bellamy Manor Drive go the same way because of the precedent that it sets for the future of our residential neighborhood. Here is the petition. We have a number of the residents in the immediate neighborhood. Mr. George Poff who is behind the property. Dorothy Wood: Could you use the pointer and show us. Item #3 Mary Spady Page S Mike Ash: If I can. Dorothy Wood: You just have to point sir. Mike Ash: Just point? Mr. Poff is here. He has this residence. George Poff is there. I live here and we have a number of neighbors in this block here. Dorothy Wood: So you're all right there. Mike Ash: If you want to raise your hands to let them know that were here. Dorothy Wood: Welcome. We're glad to have you. Mike Ash: Okay. Pretty much all of the residents of these two roads have signed the petition. There are some people here who declined to sign it but they're not really part of the neighborhood. I think they're looking for their commercial development in the future. Dorothy Wood: Thank you Mr. Ash. Mike Ash: Thank you very much for your time. Dorothy Wood: Thank you all very much for coming. Are there any questions for Mr. Ash? Thanks again. Mr. Bourdon. Eddie Bourdon: The only thing that I would say and I think you all have to draw on your own experience throughout the City and fortunately we all have a fair amount of that is that this type of a use in this location, I don't believe it is and I can understand if I live in the neighborhood I would want to make sure my neighborhood is going to stay residential in character. I don't believe that this in any way sets a precedent that is going to cause the homes here in this block to ever be anything other than what they are and that is homes. The existing and you can see here the fire station and library with commercial parking extend well beyond where we are talking about out here. We are across the street from fast food restaurants, across the street from a major commercial shopping center in this part of town. If we were talking about trying to rezone this property to a B-2 use or even a B-1 or B--1 A use, then I would be a little more accepting of the argument. Again, certainly any one can make an argument when you have reasonable disagreement and that is what I think we have here. But we are talking about a tightly proffered 0-1 zoning, a less intense zoning than the 0-2 that you see here, the 0-2 that is here that happens not to be on the map as it has been cut. We have an 0-2 here and an 0-2 here. This is the appropriate zoning for a situation like this, and I don't see how and I don't believe anyone on this Commission can honestly sit here and say they believe with a zoning that has been proffered here if it were to be approved that we are going to see some proliferation of this type of zoning coming eastward along either of these two residential streets upon which these residences front versus Kempsville Road where this Item #3 Mary Spady Page 9 house that we propose to convert to an office fronts on Kempsville Road looking at a fast food restaurant. Dorothy Wood: Thanks Mr. Bourdon. Eddie Bourdon: Thank you all very much. Dorothy Wood: Discussion? Mr. Knight. Barry Knight: Yeah. I know this piece of property. I've known it as of two weeks ago for about 50 years. I've lived south of Acredale for many, many years. I know the residents who live at Bellamy Manor. In fact, I look at this petition and see some of these residents have been there since I remembered them. I saw Mr. Falk walk in here today and I haven't seen him in 30 some odd years but I recognize him. So, you haven't change very much Mr. Falk. I understand what Mr. Bourdon is saying that if you go along Kemspville Road and see where it's commercial. It's a main arterial and it is basically commercial. I absolute agree with that but if you turn 90 degrees, Bellamy Manor back in the early 60's when it was developed one of these things that Acredale and Bellamy Manor, Kempsville Colony and Kempsville, across the street is one of the strawberry fields. Everything changes. Now I understand that but Bellamy Manor is a well maintained nice, established neighborhood and I believe part of what the problem is if this is turned into a business on the front it would be least intrusive business that could be there. Instead of getting the idea that you are going into a neighborhood, which is Bellamy Manor, is now that you're going through the business district and the neighborhood is now an after thought. So, I'm kind of torn between this. I think this would be the least intrusive business that we could possibly put up there and fit with the strip on Kempsville Road but I think it would possibly hurt the character of Bellamy Manor so I'll kind of sit back and see what my Co -Commissioners have to say on this. Dorothy Wood: Thank you sir. Mr. Din. William Din: Since I represent this area, I'm in this area all the time too. I don't live too far from this area. I would hate to see a rezoning like this cause an imposition to this neighborhood because I do think its causing a little more spread of the commercialization of Kempsville Road. I sort of agree with Mr. Knight that is probably the least intrusive of that type of change office where you would have a residential looking building but it does � ar g intrude upon this neighborhood. I think you have to draw a line some place and as I see this neighborhood it does disrupt the residential character of it starting at the very front of it. I think it does cause the commercialization of Kempsville Road to continue further down Kempsville Road, which probably eventually will. I don't disagree with that but I don't think the neighborhood at this point should be disrupted. I think we do need to draw a line and therefore I don't think a piece of commercialization of encroachment into this neighborhood should proceed. So, I will not be supporting this application. Item #3 Mary Spady Page 10 Dorothy Wood: Since this is your area would you like to make that in a form of a motion sir then we'll go on and hear the rest of the people. William Din: Let's hear the rest first. Dorothy Wood: Mr. Crabtree. Eugene Crabtree: Well, Kempsville Road is a major thoroughfare through this City where we want to associate with Providence Road. I look at the progress on Kempsville Road the same way as I look at it on Independence or look at on Holland Road. When I first moved to this City that is where all the residential areas have not been built upon or none of the neighborhoods have been encroached upon. It is inevitable that Kempsville Road is going to become a thoroughfare and become an industrial business office complex all the entire length of the road. This is the least intrusive for a business that can go in there. I think it's inevitable. I think it does fit with what's on Kempsville Road. It doesn't fit with what's in Bellamy Manor but it does fit with what's on Kempsville Road. I'm going to support the application. Dorothy Wood: Thank you. Are there any other comments? Ms. Anderson. Mr. Strange. Janice Anderson: Thank you. Just like Mr. Din said I believe the office use would be probably an appropriate use but I don't believe residential is not appropriate. There are residential still on Kempsville Road that are very attractive properties, and this neighborhood especially is flourishing even with residential located on Kempsville Road. I think with the change of zoning it might have an adverse affect on the existing neighborhood so I have reservation with the change of zoning. Dorothy Wood: Thank you. Mr. Waller. John Waller: In looking at the code, the legislative intent is pretty clear to what it says, compatible with residential uses, which may adjoin this property. And that is a perfect example. I'm going to support the application. Dorothy Wood: Thank you. Ms. Katsias. Kathy Katsias: Well, I agree with my fellow Commissioner Mr. wailer. Kempsville Road is a major arterial road. I think the applicant has addressed adequate buffers on Kempsville Road as well as on the side and rear of the property. The proffers address the limited use therefore, I think I'm going to support this application based on the evidence. Dorothy Wood: Mr. Strange. Joseph Strange: Eddie, did you say that this piece of property has not been marketed as residential at this point? Item #3 Mary Spady Page 11 Eddie Bourdon: Ms. Spady, since she has owned the property has not tried to market it because she wants to use it for her office. That is what she has been trying to do for decades. Joseph Strange: Earlier I think you made a statement that it really wasn't residential and it was. You may have been trying to market it that way. Eddie Bourdon: All I can suggest to you is that if you put yourself in the shoes of someone looking to buy a home are you going to buy a home fronting on Kempsville Road or a home fronting on Rosemont Road, where you got traffic just stacked up in front of your house going to the fast food restaurant across the street in the shopping center. You can sell anything to anybody. The question is, is it an appropriate use of the property. Is it something that we all can sit here and say, "oh sure, I'll buy a house and live there" or "I'd buy that vacant lot and build another house on there" in a heartbeat. I don't believe that would be something that we would be if we were coming in to develop this property today, all of Bellamy Manor I don't think we would be approving a rezoning to build houses that front on Kempsville Road as a part of that rezoning. We would not be doing that and you do not do that every month when you see zonings for residential neighborhoods. Therefore, dealing with the situation that we have presented to us I think that's why we have a zoning ordinance that provides transitional uses like 0- 1 zoning and that is why I think it's an appropriate request with regard to this property. Dorothy Wood: Is there any other questions? Joseph Strange: I would like to say that in the past we have had zoned on a piece of property but it didn't seem to develop that because no one was willing to use it for that like for that B-1 property that we changed because no one wanted to develop a B-1 zoning. If in fact that this piece of property had tried to feed the market as a home no on would buy it. I think that would lend a little more credence to putting an office there, which I agree with everyone else. I've seen these types of situations next to a neighborhood where it was appropriate. It didn't seem to be a problem. If you were there you wouldn't want it there but after you there you really didn't hardly notice it. I can see both sides of this but of the fact that it hasn't been conditionally marketed at a fair market price and I'm not going to support it. Dorothy Wood: Mr. Horsley. Donald Horsley: Really what concerns me is that the use doesn't really concern me as much as the rezoning. I think that's the key to the whole thing. You got a rezoning of a piece of property in a residential area. I know it is possible to do what Ms. Spady wants to do whether it's a Conditional Use Permit or not Mr. Scott, I don't think so. So, therefore it appears to me that the Community is pretty strong in its disagreement with this use and it has been that way for many, many years. This appears to be a very established community and I would hate to disrupt the community that has been a main stay so long so I'm probably going to vote against it. Item #3 Mary Spady Page 12 Dorothy Wood: Thank you. Donald Horsley: I think I voted against this one time before. Dorothy Wood: I bet you did sir. William Din: Madame Chair, I would like to make a motion to deny this application. Barry Knight: I'll second it. Dorothy Wood: A motion by Mr. Din and seconded by Mr. Knight to deny. Mr. Miller. Robert Miller: I need to abstain from this. My firm is working on the project. AYE 5 NAY 4 ABS 1 ABSENT 0 ANDERSON AYE CRABTREE NAY DIN AYE HORSLEY AYE KATSIAS NAY KNIGHT AYE MILLER ABS RIPL EY NAY STRANGE AYE WALLER NAY WOOD AYE Ed Weeden: By a vote of 6-4 with one abstention, the application of Mary Spady has been denied. Dorothy Wood: Thank you all for coming down. i'luwt�J2es /°e�a/e, G�io Cue i,N 6¢//,9�y vve.$Ave%�✓e F2��eTi.twre2 er. �9L _ �CEHSB L�d:�J�lJ�e.P �l1,2 c%li�e5 / X�a�D aue NG`ftibo.Q�iao� /PCsid�e.,iigC /�.v��tai .4�Coa/ 7'tris (re-T,X, 42DG�f MARY SPADY PROPERTY REZONING PROTEST We the undersigned, living in Virginia Beach, Bellamy Manor Section and other nearby streets in the Kempsville Area, wish to protest the rezoning of property owned by Ms. Mary Spady, (located at 844 Kempsville Rd.) from (R.10) Residential to Conditional (O 1) Commercial. This rezoning will only set precedent for future commercialization and encroachment in our neighborhood. We disagree with this rezoning even more so now than the previous two times it was turned down by City Council. NAME ADDRESS PHONE # r - -- - `7 APIARY SPADY PROPERTY REZONING PROTEST We the undersigned, living in Virginia Beach, Bellamy Manor Section and other nearby streets in the Kempsville Area, wish to protest the rezoning of property owned by Ms. Mary Spady, (located sit $44 Kernpsville Rd.) from (R-10) Residential to Conditional (O 1) Commercial. This rezoning will only set precedent for future commercialization and encroachment in our neighborhood. We disagree with this rezoning even more so now than the previous two times it was turned down by City Council. NAME ADDRESS PHONE # iLl �L�ELLtn Y PILO ^} 2r" �vdz3 CZ',«Not 14 VR z�4b`I j�s -695b ;�9Sa3J� �y S .sa.3io b"1- 56s) Z3�1(�6'35 scx VA, 4 1-6 L U14 LrL 4elrce VA - 6cW . 4 1 Ct ■ 111IAR.Y SpADY PROPERTY REZONING PROTEST We the undersigned, living in Virginia Beach, Bellamy Manor Section and other nearby streets in the Kempsville Area, wish to protest the rezoning of property owned by Ms. Mary Spady, (located at 844 Kempsville Rd.) from (R- 10) Residential to Conditional (01)"C.-oinmercial. This rezoning will only set precedent for future commercialization and encroachment in our neighborhood. W; disagree with this rezoning even more so now than the previous two times it was turned down by City Council. uAW. ADDRESS PHONE # I J qq� MARY SPADY PROPERTY REZONING PROTEST Y + We the undersigned, living in Virginia Beach, Bellamy Manor Section and other nearbystreets in the Item sville Area, wish to protest the rezoning of property owned by p Ms. Mary Spad(located at 844 Kempsville Rd.) from (R-10) Residential to Conditional y� 01 Commercial. This rezoning will only set precedent for future commercialization and encroachment in our neighborhood. We disagree with this rezoning even more so now than the previous two times it was turned down by City Council. NAME 11 R A A R ADDRESS PHONE # �S-1"leg .q LL - Id '3 f 419'S-2y000'�6' Lj- C, s-o 383 _0 ay'3 i A L-3�' ±1A G V ol qqsc 3 1 ci y) s S9 S� ssz � / r r °�>< #: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM. • Extension of Time for Street Closure of VTC one, L.L.C. MEETING DATE: November 23, 2004 ■ Background: extending the date for satisfying conditions i An ordnance exte g n the matter of the application of VTC On e, L.L.C. to close, vacate, and discontinue a portion of Regent University g g Drive beginning 500 feet south of Interstate 04 and running a distance of 420.48 feet. ■ Considerations: g On November 25, 2003, the CityCouncil ranted the request of VTC one, L.L.C. to close a portion of Regent University Drive. The purpose of the closure was to incorporate the area into the site that has since been developed for the Amerigroup office complex. There were five conditions attached to the approval: ttorne 's office shall make the final determination 1. The City A regarding y ownership of theunderlying . underl in feeThe purchase price to be paid to the City determined according to the "Policy Regarding Purchase of City's shall be Bete g Interest in St reets Pursuant to Street Closures," approVed by City Council. Copies of the olio are available in the Planning Department. p policy e applicant shall resubdivide the proper 2. The pp property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verifythat no private utilities exist within the right-of- way wa proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. I icant must secure title to the portion of Regent University Drive 4. The appl icant currently owned by the Commonwealth of Virginia. 5. Closure o right-of-way f the ri ht-of-shall be contingent upon compliance with the y above statedy conditions within one year of approval by City Council. If the con ditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way appro y this approval shall be considered null and void. The applicant has worked to satisfy the conditions, but requires additional time to of condition 4. City complete satisfaction Y Staff concludes that the request for additional time is reasonable. ■ recommendations: Sta ff recommends that an extension of 90 days be granted. ■ Attachments: Ordinance Staff Review from 2003 Disclosure Statement Location Map Recommended Action: Submitting Department/Agency: Planning Department C� City Manager: 1 2 ORDINANCE NO. 3 4 5 AN ORDINANCE EXTENDING THE DATE FOR SATISFYING CONDITIONS IN THE MATTER OF 7 THE CLOSING, VACATING AND 8 DISCONTINUING OF A PORTION OF REGENT UNIVERSITY DRIVE, UPON THE APPLICATION 10 11 OF VTC ONE, L.L.C. 12 13 14 WHEREAS, on November 25, 2003, the Council of the City of Virginia Beach acted upon 15 the application a} f the VTC one L.L. C for the closure of portion of Regent University Drive; 16 WHEREAS, on November 25 2003 the Council adopted an ordinance to close the aforesaid 17 street, subje ct to certain conditions being met on or before November 24, 2004; and 18 WHEREAS, on November 17, 2004, the applicants requested an extension of time to satisfy 19 the conditions attached to the aforesaid street closure. 20 NOW, THER EFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That the date for meetingconditions of closure as stated in the ordinance adopted on 23 November 25, upon 2003 application of the VTC One, L.L.G., is extended to February 21, 2005. pp 24 25 GPINS:1455-65-3796-0000 26 27 27 Council of the City of Virginia Beach, Virginia, on the day of 28 Adapted by the Coun y g 29 12004. 30 31 32 CA-9425 33 1-1 01D\REAL ESTAMStreet C1osurelca9425.ext.ovd.doc 34 Date:11/17/04 35 Rl 36 APPROV D AS O CONTENT: 37 38 39 40 Planning Departme 41 42 43 APPROVED AS TO LEGAL SUFFICIENCY: 44 45 CiLk 46 47 City Attorney's Office 48 APPLICATION NUMBER: REQUEST: ADDRESS: ELECTION DISTRICT: SITE SIZE: VTC ONE, LLC / # 19 October 8, 2003 General Information: B03-214-STC-2003 Street closure Port g Y Portion of Regent University Drive, beginning 500 feet south of Interstate 84 and running a distance of 420.48 feet 1 — CENTERVILLE 3,604.58 square feet STAFF PLANNER: Barbara Duke p g PURPOSE. a To close portion of Regent University Drive and incorporate the area into a site being developed ed for a large office complex. The site plan for the office complex is currently under review by the City. VTC One, L.L.C. October 8, 2003 Planning Commission Page 1 of 11 Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The portion of Regent University Drive requested for closure is currently undeveloped right of way. Surrounding_ Land Use and Zoning North: • Property proposed for the office complex p Y Light Industrial District South: Property proposed for the office complex 1 I-1 Light Industrial District East: Regent University 1 0-2 Office District West: Property proposed for the office complex 1 I-i Light Industrial District zoning History The adjacent property proposed for the office complex was zoned for light industrial use in 1972. A street cl osure of West Centerville Turnpike was granted in 1993 on the office complex property. g . Other zoning actions on surrounding properties are noted on the zoning history map. Public Facilities and Services Water and Sewer There are no sewer or water utilities within the right-of-way proposed for closure. Public Works There are no drainage structures within the right-of-way proposed for closure. Public Safety Police: No Comments. Fire and No comments. Rescue: Private Utilities VTC One, L.L.C. October 8, 2003 Planning commission Page 2 of 11 Preliminary comments from Hampton Roads Sanitation District indicate there are no utilities within the right-of-way proposed for closure. No comments have been received from Dominion Power or Virginia Natural Gas. Comprehensive Plan The Comprehensive Plan recommends that this area be developed with office uses consistentunderlying with the underl in zoning of 1-1 Light Industrial District. Evaluation of Request The Viewers Committe e has determined that the request to close a portion of Regent will not result in a public inconvenience. The property will be University Drive quality office complex that is being developed in accordance incorporated into a high q y P with the Comprehensive Plan recommendations for this area. The requested closure of a portion of Regent University niversit Drive is recommended for approval with the following conditions. . . Conditions 1. The City Attorney 's office shall make the final determination regarding ownership of the underlying . feeThe purchase price to be paid to the City shall be determined accordingto the "Policy Regarding Purchase of City 9 s Interest in Streets Pursuant nt to Street closures," approved by City council. Copies of the policy are available in the Planning Department. applicant shall resubdivide the property and vacate internal lot lines to 2. The incorporate th e closed area into the adjoining parcels. The plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verifythat private utilities exist within the right-of-way proposed for . closureIf private utilities do exist, easements satisfactory to the utility company shall be provided. must secure title to the portion of Regent University Drive currently 4. The applicant owned by the Commonwealth of Virginia. 5. Closure oft right-of-way he ri ht-of-shall be contingent upon compliance with the above y editions within one year of approval by City council. if the conditions stated co Y noted abov e are not accomplished and the final plat is not approved within one year of the he CityCouncil vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may he required during the administration of applicable City Ordinances. VTC one, L.L.C. October 8, 2803 Planning Commission Page 3 of 11 Mtwol% NOW OR FORMERLY CMF)STM BROADCASTING #ETV€CR. INC PIN# 14-i5- 68 -130 D.E.. 2"307, P . 1411 Area Vacated 18479.44 s . ft. PROPOSED A"VRIGROUP SUPPORT k��NNTER U S0404 *44"E 182. 11 L5 8 1. 21 PROM M RIGHT-OF-WAY: VACATION PROPOSED x.........w w.�.� RIGHT-OF-WAY DEDICATION 2915:k TOAAKE S OAD VTC One, L.L.C. October 8, 2803 Planning Commission Page 4 of 11 r ■ G u ne, L. L.1 Dctober S, 2003 Planning Commissia Pads 5 of 1 r� DISCLOSUR. . ....... .. I E STATEMENT ------------ ra e. c� T W certify that: the information conk i � � i �� +�� understand that, UPo.n receipt of nocati n (postcard) th4t the p t a bore hasbeen. hea r r o �grequired Muir �# � b e pew as b days prior o the scheduled uis caring sign on t.h :.according to the instructions in this package: ApplicantsS1 nature. HE H� 5 � NETWORK, INCR y ZAA ro eirty Owr Isi it re if different than Apphcant . - ----- - ---- oo.11 - Pint Name Print Name Street, Closure ApplipaWn Page 13of13 Revised 7 1 / 2003 VTC One, L.L.C. October 8, 2003 Planning Commission Page 6 of 11 p15GLC��Ui�E STATEMEt�[T ! R ��Po�t all �cs: of the Corpora ion e owe. ft h fist if necessary) 0. Check h re if the applicant 'is NOT;a corporation, rdn rsh i , firm,. or other unincorporated. organization. Property Ownerg �Ire.(K.different than. icant Print me street C tosure Applioation Page 1.of 1 Revised 711/2003 VTC one, L. L.C. October 8, 2003 Planning Commission Page 7 of 11 T ATTACHMENT T DISC.iawSURE STATEMENT U N-ITED STATES.,MEDIA- CORPORATION Members<*, Presi. en ai M,G, Robertson d t/Ch `tm�wVCEO Mh Carter VicePresi'dent G. Michael Carter Vice.. President L . Wk. VP/AS Michael-.D ATTACHMENT TO DISCL�.��. STATEMENT John. L. Gibson,. U1. DonL),las Ellis . Bruce. A. Berlin, Donna- Whittaker VTC One, L.L.C. October 8, 2003 Planning Commission Page 8 of 11 it,r..., 12 O rrrrr fl*I❑ T_T.r affect kitu3u■ 1r, ZONING HISTORY 1. 09/28/93 -- STREET CLOSURE — Granted 2. 03127172 - REZONING — RD-1 Residential to MI-3 Industrial -- Granted 3 0710193 — REZONING to 0-2 Office District — Granted 4. D 411 D18 4 — CONDITIONAL USE PERMIT (relay device) — Granted 5. 01 /18184 — REZONING to R-40 Residential — Granted D 111818 4 — CONDITIONAL USE PERMIT (horse stable) - Granted VTC One, L. L.C. October 8, 2DD3 Planning Commission Page 9 of 11 CIVIL LAWSUITS RESOLVED DURING THE MONTH OF OCTOBER 2004 Vir ia Beach Circuit Court David D. Duty v. Patricia L. Vaneeckhoute--LUnderinsured Motorist Claim In May 2002 while engaged in a routine traffic stop on the shoulder of Interstate 264, Y � City police officer David Duty was struck and injured by a car driven by Patricia Vaneeckhoute. As a - consequence,, Duty, in May 2004, sued Vaneeckhoute for 1 350 000 for the injuries and both the City and his personal automobile insurance company for additional insurance coverage under the underinsured motorist statute. In p Y response, the City gave notice of its $30,030 lien against any recovery from p Vaneeckhoute, for the workers' compensation benefits provided Duty for the injuries. Dutysettled his suit against Vaneeckhoute, and in doing so accepted the full amount of g Vaneeckhoute's $25,000 automobile liability coverage, which was paid over to the City, less pro-rata costs and expenses, in satisfaction of the City's workers' compensation lien. p p Dutyalso received $25,000 from his own underinsurance coverage. This amount is not . subject ect to the Cit 's lien as it is coverage provided to Duty by the terms of his policy. � Y ABSTRACT OF VOTES n the cast • CITY OF VIRGINIA BEACH . Virginia, � at the November 2, 2004 General Election. for: ELECTORS FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES THE TABULATION FOR EACH ELECTOR ENTERED IN THIS ELECTION IS AS FOLLOWS: • F. Kerry, President and John Edwards, Vice President Democratic Party for Electors far John rY� Carl U. Eggleston Bernard M. Fagelson Lilyan Y. Spero Lawrence A. Davies J. Jack Kenned Jr. Dwight C. Janes Jeffrey A. Breit Ronald E. Telsch y� Barbara H. Klear Ellen H. Chewning Samuel T. Crockett III Betty L. Squire Lionell Spruill, Sr. 09666 To tal Votes Received 7 (in figures) Republican Party for Electors for George e W. Bush President and Dick Cheney, Vice President Yvonne McGee McCoy Keith C. Drake Sean Michael Spicer Carlton John Davis Lloyd C. Martin Charles E. Bane Loretta H. Tate Wendell S. Walker Peter E. Broadbent, Jr. Dorothy L. Simpson Rebecca Anne Stoeckel Theodore C. Brawn, Jr. F. Woodrow Harris Total Votes Received 1039752 tin figures) ' Peroutka President and Chuck Baldwin, Vice President Constitution Party far Electors for Michael A. , Robert Harry Mahaffy �' Sall Lankford Witt Mario A. Calabrese Mitchell K. R. Turner Henry Edward Johnson Brandon Payton Butterworth Bradley D. Cro .Louis F. Sette yt w Thomas D. Lee William E. Potter Alan Francis Downing Patter Howard Phillips Jeremy J. Luzier Total Votes Received 274 (in figures) CONTINUED ON REVERSE SIDE e United States General Election ors for President and vice President of the Elect November 2, 2004 ViRGINIA B 'EAC H Page 2 of 2 C ounty/C ity of d Richard Cam agna, Vice President n Pa for Electors for Michael Badnarik; President an P Libertarian Party Stewart L. Engel -Dwight E..Baker Brian E. Babb Joseph D. Rud;min David E. Hultstrom George N. Marehenko Lennice F. Werth James Arthur Turbett William Francis Lawry III James W. Lark III Steven J. Damerell William B. Redpath- Leonard T. Harris Received 656 Total Votes (in figures) . Total Write-InVotes 339 [Va 11d Write -I ns + Invalid Write -Ins = Total Write-in dates] .................................. (in fires) 274 Total Number 'of ❑vervotes For office ..................... ........ , .... (in figures) n examination of the official records deposited with the Clerk of the Circuit We, the undersigned Electoral Board, upon 04 do hereby certify that the above is a true and correct Abstract of Court of the election held on November 2.. 2C Y • - ors for President and Vice President of the [United States. Votes cast at said election for Elect Given und er our hands this 4th day of November. 20C4. A copy testes Electoral Board Seal Chairman Chairman Secretary % , Secretary. Electoral Boar COMPLETE AND RETURN THIS FORM To SBE TOGETHER WITH THE ABSTRACT FOR PRESIDENT AND VICE PRESIDENT. ONLY WRITE-INS FOR THE NAMES LISTED BELOW (OR VARIATIIONS THEREOF) CAN BE COUNTED AS VALID. WRITE-INS CERTIFICATION Electors For President And Vice President VIRGINIA BEACH ❑ COUNTY 9 CITY November 2, 2004 General Election Page 1 of 1 TOTAL VOTES RECEIVED (IN FIGURES) WRITE-INS - SUMMARY [REQUIRED] 1I Invalid Write --Ins ........ ........., ........... 210 ENTER TOTAL INVALID 2 Valid Write -Ins . ............ .......................... ..................... 129 ENTER TOTAL VALID 3. Total Write-Ins................................................................................. 339 [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] ADD LINES 1 AND 2 VALID WRITE-INS - DETAIL ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL THE TOTAL TOTAL VOTES ENTERED ON LINE 2 ABOVE. RECEIVED (IN FIGURES) Walter F. Brown/Mary Alice Herbert ................. . ..... • ................... , ... 2 DavidCobb........................................................................................ 4 Ralph Nader ............................................................. . 123 JosephSpence.................................................................................. 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2004, do hereby certify that, the above is a true and correct certification of the write-in votes cast at said election for this office. Given under our hands this Ah day of November, 2C" A copy teste: Electoral Board Seal hairman hairman �--� -f Secrets T ry �- , Secretary, Electoral Board ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the November 2, 2004 General Election, for: , Virginia, MEMBER HOUSE OF REPRESENTATIVES 2nd District rOTAL VOTES RECEWD NAMES OF CANDIDATES WITH PARTY Ili AS PRINTED ON BALLOT SIN FieuRES) DAVIDB.ASHE -D ...■■■!..•■■•••■■■..■..■■■ 77472 THELMA D. DRAKE - R .. , ■ .. . . ........... ■ .... 96,552 Total Write -In Votes [Valid Write -Ins + Invalid Write -Ins = Total Write -In Votes] . ! .. ■ . 130 Total Number Of Overvotes For Office • . • . ■ . ■ . • . • • . 30 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2004, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of 'Representatives in the Congress of the United States. Given under our hands this A copy teste: Electoral Board Seal 4th day of November, 20 4___— fr E Chairman Chairman Secretary -� • '"� Secretary, Electoral Board ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the November 2, 2004 Special Electron, for: Virginia, PROPOSED CONSTITUTIONAL AMENDMENTS QUESTION 1: Shall Section 6 of Article 11 of the Constitution of Virginia be amended to provide that members of the United States House of Representatives. Virginia Senate. and House of Delegates who are serving in- the year following a new United States Census,, v►4hen decennial ' redistricting is required, shall complete their terms of Office and continue to represent the district from which they were elected for that term of office and that any vacancy during. the term shall be filled from the same district that elected the member whose term is being filled? TOTAL VOTES RECEMED (IN FIGURES) YES 136,570 NO 26,525 Total Number Of Overvotes For Question . . . . . . . . . 23 QUESTION 2: Shall Section 16 of Article V .of the- Constitution of Virginia be amended to provide for additional possible successors to fill the office of Governor in the event of an emergency or enemy attack and until the House of Delegates is able to meet to elect a Governor? TOTAL VOTES RECE►+vED (IN FIGURES) YES 136 321 NO 25 131 Total Number Of Gvervotes For Question ..... . We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2004, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the proposed constitutional. amendments. Given under our hands this 4th day of November, 2004. A copy teste: Electoral Board Seal Chairman Chairman � . Secretary --� � Secretary, Electoral Board