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JULY 11 2006 AGENDACITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LO UIS R. JONES, Bayside - District 4 WILLIAM R. "Bill" DESTEPH, At -Large HARRY E. DIEZEL Kempsville - District 2 ROBERT M. "Bob " DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 RON A. VILLANUEVA, At -Large JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON. At -Large JAMES L. WOOD, Lynnhavcn -District 5 CITY COUNCIL AGENDA u CITY MANAGER - JAMES K. SPORE Np CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC 11 JULY 2006 I. CITY MANAGER'S BRIEFINGS CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 234568005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com - Conference Room - A. PARKS AND RECREATION — Customer Service Survey/Focus Group Results Cindy Curtis, Director, Parks and Recreation II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION Conference Room A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL 2:00 PM II 3:30 PM II C. RECESS TO CLOSED SESSION VI. FORMAL SESSION Council Chamber 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Robert Cooper Pastor, Francis Asbury United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. ELECTION OF THE VICE MAYOR 2006 — 2008 G. OATH OF OFFICE — VICE MAYOR Tina E. Sinnen, Clerk of Circuit Court H. MAYOR'S FORMAL SEATING OF CITY COUNCIL I. MINUTES INFORMAL and FORMAL SESSIONS J. PUBLIC HEARING 1. LEASE OF CITY OWNED PROPERTY Atlantic Bistro, LLC t/a Ribley's— 910 Atlantic Avenue K. AGENDA FOR FORMAL SESSION L. CONSENT AGENDA June 27, 2006 M. ORDINANCES 1. Ordinances to AMEND the City Code: a. §5-102 to designate Virginia Wild Horse Rescue as an entity recognized for the protection and relocation of wild horses b. §2-230 to increase the penalty fee for passing bad checks to $35 in accordance with State law 2. Ordinance to GRANT a franchise for an Open Air Cafe in the Resort Area to Atlantic Bistro, LLC t/a Ribleys Ordinance to DESIGNATE St. Gregory the Great Catholic Church as EXEMPT from local Real and Personal Property Taxation 4. Ordinance to AUTHORIZE acquisition of two parcels of land in Oceana Gardens, either by agreement or condemnation, in fee simple, re the Southeastern Parkway/Greenbelt project 5. Ordinance to AUTHORIZE a temporary encroachment into City property to LITCHFIELD MANOR PHASE 2 HOMEOWNER'S ASSOCIATION, INC. to maintain a flag pole, electrical conduit, brick wall with neighborhood identification sign and lighting at Litchfield Way and Holland Road 6. Ordinances to APPROPRIATE and or TRANSFER: a. APPROPRIATE $150,000 from the DEA Seized Property Special Revenue Fund b. TRANSFER $300,000 from Reserve for Contingencies to the Police Capital Budget re helicopter replacement, air ambulance and expansion of hangar c. TRANSFER $200,000 from Reserve for Contingencies to the Fire FY-2006-07 Budget re validity of the selection process for applicants d. TRANSFER $225,000 within the School's Capital Budget to renovate tennis courts at Green Run, Salem and Tallwood High Schools N. PLANNING 1. Applications of VERIZON WIRELESS for Modif cation of Conditions re a Conditional Use Permit to allow four (4) directional panel antennas per sector on communications towers: a. 1036 Ferry Plantation Road (Approved by City Council on September 26, 1995) (DISTRICT 4 - BAYSIDE) b. 5636 Southern Boulevard (Approved by City Council on January 23, 1996) (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 2. Application of GARY W. SMITH for a Conditional Use Permit re recreational facility of an outdoor nature (skateboard ramp) at 804 Terrace Avenue (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 3. Application of VIRGINIA BEACH CHRISTIAN LIFE CENTER dba WAVE CHURCH for a Conditional Use Permit re a church and accessory uses at Seaboard Road and Live Oak Trail (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL 4. Application of KEMPSVILLE PRESBYTERIAN CHURCH for a Conditional Use Permit re a church expansion with an ancillary structure at 805 Kempsville Road (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: APPROVAL 5. Application of CHRISTIAN FELLOWSHIP CHURCH for a Conditional Use Permit re a church in a shopping center at 544 Newtown Road (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: APPROVAL 6. Application of GREENBRIER TECHNOLOGY CENTER II ASSOCIATES, LLC, (Strayer University) for a Conditional Use Permit re a private college at 249 Central Park Avenue (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION: APPROVAL 7. Application of PINEWOODS, LLC for a Change of Zoning District Classification from A-12 Apartment to Conditional RT-3 Resort Tourist at 524 Laskin Road (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 8.. Ordinances to AMEND and REORDAIN the City Zoning Ordinance (CZO): a. § 104 re civil penalties for violations of commercial vehicles and recreational equipment, increase the penalties and REPEAL §217 pertaining thereto. b. § 1809 re allowing certain Conditional Uses as principal uses in Accident Potential Zone 1(APZ-1) in I-2 Industrial Districts. RECOMMENDATION: APPROVAL O. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS — New Construction BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD EASTERN VIRGINIA HEALTH SYSTEMS AGENCY INVESTMENT PARTNERSHIP ADVISORY COMMITTEE— PPEA OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS P. UNFINISHED BUSINESS Q. NEW BUSINESS R. ADJOURNMENT PUBLIC COMMENTS Non -Agenda Items CITY COUNCIL SESSIONS RESCHEDULED July 18, 2006 July 19 - August 7, 2006 August 8, 2006 Briefing, Informal and Formal Sessions City Council Vacation Resume Regular Schedule If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 Agenda 7/11/06 sfmb www.vbgov.com CITY COUNCIL LIAISONS [Revised 07.01.061 AD HOC COMMITTEES BOARDS and COMMISSIONS REVIEWISTUDY Reba S. McClanan Rosemary Wilson CERTIFICATES OF PUBLIC NEED - !Medical Care3 Vice Mayor Louis R. Jones Reba S. McClanan CITY/SCHOOL CONSOLIDATION Rosemary Wilson James L. Wood COX FRANCHISE RENEWAL STEERING COMMITTEE Ron Villanueva Harry E. Diezel JOINT CITY/SCHOOL MODERNIZATION Rosemary Wilson RobertM. "Bob"Dyer JOINT CITY/SCHOOL REVENUE SHARING Mayor Meyera E. Oberndorf LEGISLATIVE COORDINATION Rosemary Wilson MILITARY APPRECU TION DA Y Meyera E. Oberndorf MILITARY "BRA C"ADVISORYCOMMITTEE Mayor Meyera E. Oberndorf SCHOOL SITE SELECTION COMMITTEE Vice Mayor Louis R. Jones BOARDS and COMMISSIONS AGRICULTURAL ADVISORY Barbara M. Henley Ron Villanueva Vice Mayor Louis R. Jones Ron A. Villanueva Rosemary Wilson Louis R. Jones John E. Uhrin BEACHES and WATERWAYS William R. "Bill"DeSteph Rosemary Wilson BIKEWAYS and TRAILS ADVISORY COMMITTEE Barbara M. Henley William R. "Bill" DeSteph DEVELOPMENT A UTHORITY Louis R. Jones Rosemary Wilson MILITARY LIAISON COMMITTEE Mayor Meyera E. Oberndorf James K. Spore Vice Mayor Louis R. Jones Leslie L. Lilley MINORITY BUSINESS COUNCIL Ron Villanueva -2- OPEN SPACE ADVISORY COMMITTEE Barbara M. Henley REVIEW and ALLOCATION - COG William R. "Bill" DeSteph SHORE DRIVE ADVISORY COMMITTEE Louis R. Jones TOWING ADVISORY BOARD Harry E. Diezel Robert M. "Bob "Dyer James L. Wood John E. Uhrin VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Louis R, Jones Willaam R. "Bill" DeSteph VIRGINL4 BEACH HEALTH SERVICES ADVISORY BOARD Rosemary Wilson James L. Wood TASK FORCES - EXTERNAL AGENCIES AICUZ LAND USE TASK FORCE Mayor Meyera E. Oberndorf Vice Mayor Louis R. Jones HAMPTON ROADS ECONOMIC DEVELOPMENT ALLMNCE Mayor Meyera E. Oberndorf Donald Maxwell HAMPTON ROADS PARTNERSHIP Mayor Meyera E. Oberndorf HAMPTON ROADS PLANNING COUNCIL Rosemary Wilson HAMPTON ROADS PLANNING DISTRICT COMMISSION - [HRPDCI Barbara M. Henley HAMPTONROADS TRANSPOR TA TION DISTRICT COMMISSION -/HRT1 John E. Uhrin Jim Wood JOINT TASK FORCE ON UNFUNDED MANDATES FOR EDUCATION Rosemary Wilson Ron Villanueva REAL ESTATE TAX RELIEF FOR SENIOR CITIZENS TASK FORCE Barbara M. Henley Ron Villanueva SOUTHEASTERN PUBLIC SER VICE A UTHORITY - /SPSAI William R. "Bill" DeSteph Michael Barrett WATER TASK FORCE Mayor Meyera E. Oberndorf Louis R. Jones James K. Spore Leslie L. Lilley -3- SPECIAL PROJECTS CONVENTION CENTER Meyera E. Oberndorf William R. "Bill' DeSteph ELIZ,4BETH RIVER - EASTERN BRANCH Harry E. Diezel FALSE CAPE LODGE Barbara M. Henley GOLF COURSE Harry E. Diezel JOINT LAND USE TASK FORCE Mayor Meyera E. Oberndorf Louis R. Jones LYNNHAVENRIVER Louis R. Jones OLD BEACH DISTRICT ADVISORY BOARD Reba S. Mcclanan John E. Uhrin PERFORMING ARTS THEATRE Meyera E. Oberndorf James L. Wood PRINCESS ANNE / WITCHDUCK/KEMPSVILLE ROADS INTERSECTION Harry E. Diezel Robert M. "Bob" Dyer RUDEE LOOP Louis R. Jones John E. Uhrin SANDBRIDGE / FERRELL ROADS Barbara M. Henley Vice Mayor Louis R. Jones SOUTHEASTERN PARKWAY/ GREENBELT Louis R. Jones THIRTY-FIRST STREET DEVELOPMENT John E. Uhrin TOWN CENTER Louis R. Jones Barbara M. Henley Harry Diezel, Alternate William R. "Bi811' DeSteph James L. Wood TRANSITIONAREA TECHNICAL ADVISORY COMMITTEE Barbara M. Henley Louis R. Jones VIRGINL4 MARINE SCIENCE MUSEUM FOUNDATION William R. "Bill' DeSteph James L. Wood V. INFORMAL SESSION Conference Room 3:30 PM A. CALL TO ORDER — Mayor Meyers E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION Council Chamber 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Robert Cooper Pastor, Francis Asbury United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. ELECTION OF THE VICE MAYOR 2006 — 2008 G. OATH OF OFFICE — VICE MAYOR Tina E. Sinnen, Clerk of Circuit Court H. MAYOR'S FORMAL SEATING OF CITY COUNCIL I. MINUTES INFORMAL and FORMAL SESSIONS June 27, 2006 ...y o� Op OUR NArONS - M- CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law_ NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. PUBLIC HEARING LEASE OF CITY OWNED PROPERTY Atlantic Bistro, LLC t/a Ribley's — 910 Atlantic Avenue K. AGENDA FOR FORMAL SESSION L. CONSENT AGENDA The Virginia Beach City Council will hold a PUBLIC HEAR- ING at 6:00 P.M. on Tuesday, July li, 2006 in the City Council Chamber regarding the proposed cafe franchise lease agreement of City -owned property located at 910 Atlantic Avenue to ATLANTIC BIS- TRO, LLC t/a RIBLEY'S. The purpose of the Hearing will be to obtain public comment on the proposed lease of City property. A copy of the franchise lease agreement is on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive. Any questions concerning the above -referenced franchise should be directed to Rob Fries, Virginia Beach Convention and Visitor's Bureau, by calling (757) 385-6641. Ruth Hodges Smith, MMC City Clerk Beacon June 25,2006 15328884 M. ORDINANCES 1. Ordinances to AMEND the City Code: a. §5-102 to designate Virginia Wild Horse Rescue as an entity recognized for the protection and relocation of wild horses b. §2-230 to increase the penalty fee for passing bad checks to $35 in accordance with State law 2. Ordinance to GRANT a franchise for an Open Air Cafe in the Resort Area to Atlantic Bistro, LLC t/a Ribleys 3. Ordinance to DESIGNATE St. Gregory the Great Catholic Church as EXEMPT from local Real and Personal Property Taxation 4. Ordinance to AUTHORIZE acquisition of two parcels of land in Oceana Gardens, either by agreement or condemnation, in fee simple, re the Southeastern Parkway/Greenbelt project 5. Ordinance to AUTHORIZE a temporary encroachment into City property to LITCHFIELD MANOR PHASE 2 HOMEOWNER'S ASSOCIATION, INC. to maintain a flag pole, electrical conduit, brick wall with neighborhood identification sign and lighting at Litchfield Way and Holland Road 6. Ordinances to APPROPRIATE and or TRANSFER: a. APPROPRIATE $150,000 from the DEA Seized Property Special Revenue Fund b. TRANSFER $300,000 from Reserve for Contingencies to the Police Capital Budget re helicopter replacement, air ambulance and expansion of hangar c. TRANSFER $200,000 from Reserve for Contingencies to the Fire FY-2006-07 Budget re . validity of the selection process for applicants d. TRANSFER $225,000 within the School's Capital Budget to renovate tennis courts at Green Run, Salem and Tallwood High Schools IN CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 5-102 Pertaining to Assistance by Licensed Veterinarians and Other Authorized Persons MEETING DATE: July 11, 2006 ■ Background: In 1989 the Corolla Wild Horse Fund, Inc. was formed to heighten awareness of the presence of wild horses on the Outer Banks -after several of the horses were killed or injured in motor vehicle accidents. On occasion horses from the herd roam northward across the state line into False Cape State Park, the Back Bay National Wildlife Refuge and the community of Sandbridge. In the interest of safety to citizens, tourists and the wild horses, the City Council adopted an ordinance in 1998 together with other stakeholders to establish a protection and relocation program. City Code § 5-102 recognizes certain entities authorized to assist in protecting the health, safety and welfare of wild horses and ensuring their safe return to the Outer Banks of Currituck County, North Carolina. The Tidewater Western Riders Association (TWRA), based in Virginia Beach, was one of the authorized entities in the ordinance. Recently, the TWRA was disbanded and the principals, Gene and Donna Snow, have formed the Virginia Wild Horse Rescue for the same purpose, pursuant to Sec. 5-102. ■ Considerations: The proposed amendment will recognize the current reality regarding the disbanding of TWRA and the establishment of Virginia Wild Horse Rescue. In addition, the change will allow Virginia Wild Horse Rescue to qualify for federal funding to purchase a new horse trailer and related equipment in order to continue providing a. valuable service to the citizens of Virginia Beach and the state and federal governments. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Agriculture Department j City Manager:(:,-Zr1L , 1 AN ORDINANCE TO AMEND CITY CODE SECTION 5-102 2 PERTAINING TO ASSISTANCE BY LICENSED 3 VETERINARIANS AND OTHER AUTHORIZED PERSONS 4 5 SECTION AMENDED: 5-102 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 5-102 is hereby amended and reordained to read as 10 follows: 11 Sec. 5-102. Assistance by licensed veterinarians and other 12 authorized persons. 13 14 Licensed veterinarians, and duly authorized members of the 15 Corolla Wild Horse Fund Committee of O . B . C . , Inc., the Tidewater 16 Western Riders Asseeiatien Virginia Wild Horse Rescue, and the 17 Sandbridge Civic League, are hereby authorized to assist in 18 protecting the health, safety and welfare of wild horses and 19 ensuring their safe return to the Outer Banks of Currituck County, 20 and, when acting pursuant to the authority granted herein, shall be 21 exempt from the provisions of Sections 5-98 and 5-99 of this 22 article. 23 Adopted by the City Council of the City of Virginia Beach, 24 Virginia, on this day of 2006. APPROVED AS TO CONTENT: Agri c lture Depart ent APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's-Office 1 CA10077 X:\PA\GG\OrdRes\Proposed\5-102 Wild Horse ORD R-1 June 22, 2006 T :?> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 2-230 Pertaining to Penalty Charge for Bad Checks MEETING DATE: July 11, 2006 ■ Background: Virginia Code section 15.2-106 permits localities to charge a fee for passing bad checks. The General Assembly amended section 15.2-106 in 2004 to increase to $35 the maximum penalty that localities may charge for bad checks. City Code section 2-230 currently imposes a penalty fee of $20 for any bad checks submitted for payment of any taxes, levies or fees due to the City. The City Treasurer's Office is requesting that Council increase the penalty fee to $35, as permitted by state law. ■ Considerations The increased fee should result in an increase in local revenues. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Treasurer City Manager: k . 6Yy, 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2-230 2 PERTAINING TO PENALTY CHARGE FOR BAD CHECKS 3 4 SECTION AMENDED: § 2-230 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 2-230 is hereby amended and reordained to read as 9 follows: 10 Sec. 2-230. Treasurer authorized to impose penalty charge for bad 11 checks. 12 13 The city treasurer is hereby authorized and required to impose 14 a penalty charge of twenty thirty-five dollars ($29.99 35.00) for 15 any bad checks submitted for payment of any taxes, levies or fees 16 due to the city. A "bad check" is any check or draft returned for 17 insufficient funds or because there is no account or the account 18 has been closed. 19 COMMENT 20 This ordinance increases the bad check penalty charge from $20.00 to $35.00, as permitted by 21 the Code of Virginia. 22 23 Adopted by the City Council of the City of Virginia Beach, 24 Virginia, on this day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: "ity T asurees Office City Attorne 's Office 1 CA10057 X:\PA\GG\OrdRes\Proposed\2-230 Bad Check Penalty ORD R-3 June 29, 2006 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting A Franchise Agreement for an Open Air Cafe in the Resort Area to Atlantic Bistro, LLC t/a Ribley's MEETING DATE: July 11, 2006 ■ Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property. The City has developed a franchise agreement for the regulation of open air cafes, which the above -listed grantee will be required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air cafe is successfully operated during the initial one-year term, the franchisee is given the option of entering into a five-year franchise agreement, subject to Council's approval. ■ Considerations: Atlantic Bistro, LLC t/a Ribley's ("Ribley's"), located at 910 Atlantic Avenue, is seeking a one-year franchise agreement. The Convention and Visitors Bureau recommends that Ribley's be granted a one-year franchise agreement. ■ Public Information: A public hearing is required and has been advertised. ■ Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Convention and Visitors Bureau City Manage • L , N-;-t 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT FOR AN OPEN AIR CAFE IN 3 THE RESORT AREA TO ATLANTIC 4 BISTRO, LLC t/a RIBLEY'S 5 WHEREAS, by resolution adopted November 15, 1985, City 6 Council authorized the City Manager to promulgate Open Air Cafe 7 Regulations, which have been amended from time to time, for the 8 operation of open air cafes on public property; and 9 WHEREAS, the City has developed a franchise agreement for 10 the regulation of open air cafes, which the above -listed grantee 11 will be required to execute as a condition of the grant; and 12 WHEREAS, the City Council has traditionally granted initial 13 franchises for one-year terms; and 14 WHEREAS, if an open air cafe is successfully operated 15 during the initial one-year term, the franchisee is given the 16 option of entering into a five-year franchise agreement; and 17 WHEREAS, Atlantic Bistro, LLC t/a Ribley's is seeking a 18 one-year franchise agreement; and 19 WHEREAS, the Virginia Beach Convention and Visitors Bureau 20 has reviewed the application and determined that the proposed 21, cafe will have no detrimental effect on the public health, 22 safety, welfare, or interest, and will enhance the festive 23 atmosphere of the Resort Area. 24 25 26 WHEREAS, the Convention and Visitors Bureau recommends that 27 Atlantic Bistro, LLC, t/a Ribley's be granted a one-year 28 franchise agreement. 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH: 31 That the City Council hereby grants a one-year franchise 32 agreement to Atlantic Bistro, LLC t/a Ribley's for the operation 33 of an open air caf6 in the resort area, subject to the terms and 34 conditions of all ordinances, resolutions, and regulations 35 applicable to open air cafes. 36 Adopted by the City Council of Virginia Beach, Virginia on 37 this day of , 2006. 38 39 APPROVED AS TO CONTENTS: S FICIENCY: vention and Visitors reau APPROVED AS TO LEGAL City A orney's Office CA10061 H:\PA\GG\OrdRes\Proposed\Ribley's Open Air Caf6 Franchise.doc R-1 June 12, 2006 .. h[ !` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Designate St. Gregory the Great Catholic Church as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: July 11, 2006 ■ Background: On May 23, 2006, Council considered an application from St. Gregory the Great Catholic Church (the "Church") for exemption of a building adjacent to the Church. The Community Organization Grant Committee ("COG") had reviewed the application and recommended that the exemption be denied. COG recommended denial solely because it believed that the Church had not previously paid taxes on the building, and accordingly granting the exemption would have been inconsistent with Council's policy on tax exemptions, which requires that "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." A representative of the Church appeared at the May 23, 2006 Council meeting and asserted that the Church had in fact paid significant taxes on the building in the previous tax year. Council deferred action on the application for exemption and requested that COG reevaluate the application based on this new information. Staff confirmed that the Church paid taxes of $17,262.96 on the building in 2005. COG reconsidered the application on June 7, 2006 in light of this new information. Because the property taxes represent a significant tax burden for the Church, the Church qualifies for exemption under Council's policy on tax exemptions. Accordingly, COG has recommended approval of the application for exemption. ■ Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption be approved. Granting this exemption would be consistent with the policy on tax exemptions adopted by the City Council. ■ Public Information: A public hearing on this matter was conducted on May 23, 2006. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Council City Manager: V' 1 AN ORDINANCE TO DESIGNATE ST. 2 GREGORY THE GREAT CATHOLIC CHURCH AS 3 BEING EXEMPT FROM LOCAL REAL AND 4 PERSONAL PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to St. Gregory the Great 10 Catholic Church. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates St. Gregory the Great Catholic Church as a 15 charitable organization within the context of § 6(a)(6) of Article 16 X of the Constitution of Virginia. 17 2. That real and personal property owned by St. Gregory the 18 Great Catholic Church located within the City of Virginia Beach 19 that is used exclusively for charitable purposes on a nonprofit 20 basis is.hereby exempt from local property taxation. 21 3., This exemption is contingent on the following: 22 (a) continued use of the property by St. Gregory the 23 Great Catholic Church for exclusively charitable 24 purposes; 25 (b) that each July 1, St. Gregory the Great Catholic 26 Church shall file with the Commissioner of the 27 Revenue a copy of its most recent federa1. income 28 tax return, or, if no such return is required, it 29 shall certify its continuing tax exempt status to 30 the Commissioner of the Revenue; and 31 (c) That every three years, beginning on July 1, 2009, 32 St. Gregory the Great Catholic Church shall file 33 with the Commissioner of the Revenue an application 34 for continuation of the exemption. 35 4. That the effective date of this exemption shall be July 36 1, 2C06. 37 Adoption requires an affirmative vote of three -fourths of the 38 members of the City Council. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY: City Attor ey's Office CA-9956 X:\PA\GG\ORDRES\St. Gregory the Great ORD R-2 June 29, 2006 E WA �� - - ■ EEN C � r5} l4at f�y��try� a`j. f "V`rv�J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to authorize advance acquisition of two parcels of land in Oceana Gardens, in fee simple, for Southeastern Parkway/Greenbelt Project (CIP 2-089), either by agreement or condemnation. MEETING DATE: July 11, 2006 ■ Background: The Southeastern Parkway / Greenbelt project (the "Project") will construct 11.5 miles of four -lane divided highway in phases from I-264 to the Cityline with Chesapeake. The Project is funded for site acquisition of right-of-way, corridor studies and preliminary environmental work. The Project is currently programmed and funded in the City's Capital Improvement Program, CIP 2-089. The Project is still in the early stages of design, but several sites within the alignment have already been acquired by voluntary acquisition or condemnation and the general preferred alignment has been established. The two parcels proposed to be acquired consist of approximately 27,387 square feet (.629 acres) and are located on Gary Avenue in the Oceana Gardens neighborhood of Virginia Beach. On June 16, 2005, the owner, Balance Builders, Inc., obtained approval for a preliminary resubdivision plat which would allow the development of seven (7) new townhouses. All seven new lots will be located within the preferred Project alignment at this location, which is a 300' proposed right-of- way as shown on the attached alignment exhibit. The property owner is ready to proceed with his development plans if the City does not buy these lots. ■ Considerations: The property is located in APZ-1, but Balance Builders, Inc.'s rights in this development were determined to be vested due to the City's approval of the preliminary subdivision plat prior to Council's adoption of the APZ-1 Ordinance on December 20, 2005. ■ Alternatives: (1)Authorize acquisition of the property and easements needed to protect the Project's alignment from new development; or (2) Do not acquire the sites and allow seven (7) townhouses to be constructed, which will need to be acquired at some future time. ■ Recommendations: The staff recommends that City Council approve the attached acquisition Ordinance, which authorizes the acquisition of the needed property in fee simple by agreement, or if necessary, by condemnation. ■ Attachments: 1) Acquisition Ordinance 2) Location Map, showing future alignment Recommended Action: Approval Submitting Department/Agency: Public Works 9T City Manager: kZ_ , 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF TWO PARCELS OF LAND 3 IN OCEANA GARDENS, IN FEE SIMPLE FOR 4 SOUTHEASTERN PARKWAY / GREENBELT 5 PROJECT (CIP 2-089), EITHER BY 6 AGREEMENT OR CONDEMNATION 7 8 9 WHEREAS, in the opinion of the Council of the City of Virginia 10 Beach, Virginia, a public necessity exists for the construction of 11 this important roadway project to reduce traffic congestion and 12 improve transportation within the City and for other related public 13 purposes for the preservation of the safety, health, peace, good 14 order, comfort, convenience, and for the welfare of the people in is the City of Virginia Beach. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 Section 1. That the City Council authorizes the acquisition 19 by purchase or condemnation pursuant to Sections 15.2-1901, et 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of Virginia of 1950, as amended, of two parcels of land in fee simple known as GPINs 2417-16-7968 and 2417-16-7869 (the "Property"), and also described as: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as "LOTS 1 AND 2" as shown on that certain plat entitled, "SUBDIVISION OF LOTS E AND H STREET DEDICATION BROCKVILLE-EXTENDED SITE NO. 25, M.B. 61, P. 45, OCEANA GARDENS, M.B. 3, P. 51, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VA. MADE FOR JAMES GARY, SCALE 1" = 30"'. Said plat 36 37 38 39 40 41 42 43 44 45 46 47 48 being recorded in the Circuit Court of the City of Virginia Beach, Virginia in Map Book 149, at page 15 to which reference is made for a more particular description. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said Property. Adopted by the Council of the City of Virginia Beach, 49 Virginia, on the day of 2006. CA9876 X:\OID\REAL ESTATE\Acquisitions\WORKING - COND\Acquisition Ordinances\CA9876 SE Pkwy Ordin.doc R-1 PREPARED: 04/20/06 APPROVED AS TO CONTENT J,S C.v (" E�VhLIC WORKS/REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTO Y oo° � 0 00 �f C�3 LOCATION MAP �\ ENCROACHMENT REQUESTED BY LITCHFIELD MANOR PHASE 2 HOMEOWNERS ASSOCIATION INTO CITY RIGHTS -OF -WAY LITCHFIELD WAY AND HOLLAND ROAD 0 100 200 400 � + Feet •+�� -, 1--- IV' -i iy. vuFJFAVlL e7Gi VR.CS DUMCM A/LL/VD x:\ProjectslARC FileslAlgenda MapslLitchfield Mar --1 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Request for Temporary Encroachments into the City rights -of -way known as Litchfield Way and Holland Road for Litchfield Manor Phase 2 Homeowner's Association, Inc. MEETING DATE: July 11, 2006 ■ Background: Litchfield Manor Phase 2 Homeowner's Association, Inc. has requested permission to maintain an existing flag pole, electrical conduit, brick wall with neighborhood identification sign and lighting in the City's rights -of -way known as Litchfield Way and Holland Road. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat and Pictures. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate ac City Manager: �— ,7) "' 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE CITY'S RIGHTS -OF -WAY KNOWN AS LITCHFIELD WAY AND HOLLAND ROAD BY LITCHFIELD MANOR PHASE 2 HOMEOWNERS ASSOCIATION, INC., ITS ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Litchfield Manor Phase 2 Homeowners Association, 15 Inc., a Virginia corporation, desires to maintain a flag pole, 16 electrical conduit, brick wall with neighborhood identification 17 sign, and lighting in the City's rights -of -way known as 18 Litchfield Way and Holland Road. 19 WHEREAS, City Council is authorized pursuant to §§ 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 21 authorize temporary encroachments upon the City's right-of-way 22 subject to such terms and conditions as Council may prescribe. 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof 26 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 27 as amended, Litchfield Manor Phase 2 Homeowners Association, 28 Inc., a Virginia corporation, its assigns and successors in 29 title are authorized to maintain the temporary encroachments for 30 a flag pole, electrical conduit, brick wall with neighborhood 31 identification sign, and lighting in the City's rights -of -way as 32 shown on the map marked Exhibit `A' and entitled: "LITCHFIELD 33 MANOR PHASE 2 HOMEOWNER'S ASSOCIATION INC. ENCROACHMENT," a copy 34 of which is on file in the Department of Public Works and to 35 which reference is made for a more particular description; and 36 BE IT FURTHER ORDAINED, that the temporary encroachments 37 are expressly subject to those terms, conditions and criteria 38 contained in the Agreement between the City of Virginia Beach 39 and Litchfield Manor Phase 2 Homeowners Association, Inc., a 40 Virginia corporation, (the "Agreement"), which is attached 41 hereto and incorporated by reference; and 42 BE IT FURTHER ORDAINED, that the City Manager or his 43 authorized designee is hereby authorized to execute the 44 Agreement; and 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 46 effect until such time as Litchfield Manor Phase 2 Homeowners 47 Association, Inc., a Virginia corporation and the City Manager 48 or his authorized designee execute the Agreement. 49 Adopted by the Council of the City of Virginia Beach, 50 Virginia, on the day of 2006. CA- 9994 PREPARED: 5/19/06 APPROVED AS TO CONTENTS GNATURE Fk) &9d & . DEPARTMENT APPROVED AS TO LEGAL SUjF�FI�CIENCY AND FORM CITY A TORNEY X:IOIDIREALESTATEIEncroachmentslPW OrdinanceslCA9994 Litchfield Manor Phase 2.doc PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 I(a)(3) AND 58.1-81 I(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this. day of 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and LITCIIEIELD MANOR PHASE 2 HOMEOWNERS ASSOCIATION, INC a Virginia corporation, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, IT IS PROPOSED BY THE Grantee to maintain a flag pole, electrical conduit, brick wall with neighborhood identification sign, and lighting, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the existing City rights -of -way known as Litchfield Way and Holland Road the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of maintaining the Temporary Encroachment. GPIN: (NO GPIN ASSIGNED TO CITY RIGHTS -OF -WAY KNOWN AS LITCHFIELD WAY AND HOLLAND ROAD) It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain plat entitled: "LITCHFIELD MANOR PHASE 2 HOMEOWNER'S ASSOCIATION INC. ENCROACHMENT" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 2 It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, with the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may rernove the Temporary Encroachment and charge the cost k] thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allo-wed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Litchfield Manor Phase 2 Homeowners Association, Inc. has caused this Agreement to be executed in its corporate name and on its behalf by Gary S. Thompson, President of said association with due authority to bind said association. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS LEFT INTENTIONALLY BLAND 11 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Litchfield Manor Phase 2 Homeowners Association, Inc., a Virginia corporation By Gary S. ompson, J&sident STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2006, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF CITY/CO OF -Ut `J �l ; to -wit: The foregoing instrument was acknowledged before me this a��ay of 2006, by Gary S. Thompson, President on behalf of Litchfield Manor Phase 2 Homeowners Association, Inc. ' Notary Public My Commission Expires: 3i APPROVED AS TO LEGAL SUFFICIENCY _u_o►YQw CI Y ATTORNEY APPROVED AS TO CONTENT REAL ESTATE AGENT EXISTING VACUUM LINE \ EXISTING _� ~` WATER LINE < c;!'/ ;(c. Q F.. . 4 LL.1 cr—LL_ I .�C .�; `r0 o -EXISTING BORING FOR `� • ELECTRICAL CONDUIT. EXISTING ELECTRICAL • PEDESTAL < c 10.28 EXISTING WALL----,,/ — — r EXISTING WALL W/ ID SIGN WATER EXISTING METER WATER LINE RIGHT OF WAY 4, EXISTING FLAG POLE / EXISTING UPLIGHTING (TYP) EXISTING TELEPHONE Mn fli . ) PEDESTAL EXISTING 15"�"�� STORM DRAIN' EXISTING-� 48" STORM SEWER i NOTES: t..ALL IRRIGATION PIPING 1ALL BE=t WITHIN 2' FROM BACK OF CURB, EXCEPT AT WATER TIE—IN AND CROSSING MIDDLE ISLAND. ui .. 2. CONTRACTOR SHALL BE RESPONSIBLE TO CONTACT MISS U11UTY BEFORE BORING IN ORDER TO HAVE THE AREA SCANNED AND MARKED FOR UTILITIES. LITCHFIELD MANOR PHASE 2 HOMEOWNER'S ASSOCIATION INC. ENCROACHMENT EXHIBIT 'A' ENCROACHMENT PLAT DATE: 1 /24/06 PROJECT #03045 DRAFT: MJP CHK'D BY: DM W SHEET 1 OF 1 --RIGHT OF WAY IiNV a, r7 HOLLAND ROAD EXISTING VACUUM LINE .• ■■l►v, ■■■MSA Emit if, ■■■ ■■11►�7 N■Nim ■■IINON I►1'-0 �A■ mmo ■■■c6&1as Man LirBE.i�-S f^ �. ac� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $150,000 from the Fund Balance of the DEA Seized Property Special Revenue Fund and Transfer $300,000 from Reserve for Contingencies to CIP #3-227, "Police Helicopter Replacement and Hangar Expansion," for the Customization of One Helicopter Into an Air Ambulance and the Expansion of the Current Hangar MEETING DATE: July 11, 2006 ■ Background: On November 1, 2005, City Council appropriated $2,900,000 for the purchase of a replacement police helicopter and expansion of the current helicopter hangar. Of that amount, $1 million was appropriated from the DEA Seized Property Special Revenue Fund. The replacement helicopter, as discussed at that Council meeting, will be configured as an air ambulance and will also be equipped with an external hoist to rescue individuals out of the water or from the rooftop of a burning building. A "cargo hook" underneath the helicopter will allow for the transporting of a water bucket to extinguish fires in remote areas. CIP Project #3-227, "Police Helicopter Replacement & Hangar Expansion," is for the replacement of the existing helicopter and expansion of the existing hanger and maintenance facility in order to accommodate a larger aircraft. The description and scope of CIP Project #3- 227 also should reflect the configuration of the new helicopter as an air ambulance, with additional equipment for the rescue of individuals in water or on rooftops and the extinguishing of fires in remote areas. The Police Department recently received bids for the replacement helicopter and updated cost estimates for expanding the current helicopter hanger facility. The bid for the helicopter is $2,894,000. The increase in cost is associated with the demand for helicopters from the military, private sector, and other state and local government law enforcement agencies. These costs continue to rise. The updated cost of the hangar expansion and site work is $450,000. ■ Considerations: The total cost of the project is estimated not to exceed $3,350,000 if the current low bid is accepted and the hangar facility is expanded at the current location. It is proposed that the additional $450,000 be funded through a combination of DEA Seized Property proceeds and FY 2006-07 Reserve for Contingencies. The proceeds from the sale of the helicopter that is being replaced should replace most or all of the funds transferred from the Reserve for Contingencies. No additional Police, Fire or Emergency Medical Services will be needed or required by the State to operate the helicopter as an air ambulance. Any additional risk management and other operating costs will be absorbed by the Police Department's Operating Budget. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Alternatives: An alternative would be to reduce the functionality of the helicopter by eliminating equipment that enables use of the helicopter as an air ambulance, rescue, and fire- fighting tool. Some additional funds would still be needed for the hangar expansion. ■ Recommendations: It is recommended that $300,000 be transferred from FY 2006-07 Reserve for Contingencies and $150,000 be appropriated from the Fund Balance of the DEA Seized Property Special Revenue Fund. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Management Services City Manager: 1 AN ORDINANCE TO APPROPRIATE $150,000 FROM THE 2 FUND BALANCE OF THE DEA SEIZED PROPERTY 3 SPECIAL REVENUE FUND AND TRANSFER $300,000 4 FROM RESERVE FOR CONTINGENCIES TO CAPITAL 5 PROJECT #3-227, "POLICE HELICOPTER REPLACEMENT 6 AND HANGAR EXPANSION," FOR THE CUSTOMIZATION 7 OF ONE HELICOPTER INTO AN AIR AMBULANCE AND 8 THE EXPANSION OF THE CURRENT HANGAR 9 10 11 WHEREAS, funding of $150,000 is available in the DEA Seized 12 Property Special Revenue Fund and $300,000 is available in Reserve 13 for Contingencies to cover costs associated with customizing a 14 police helicopter to serve as an air ambulance and increased costs 15 of expanding the current helicopter hangar. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 1. That $150,000 from the Fund Balance of the DEA Seized 19 Property Special Revenue Fund is hereby appropriated and $300,000 20 from Reserve for Contingencies is hereby transferred to CIP #3-227, 21 "Police Helicopter Replacement and Hangar Expansion," for the 22 customization of one helicopter into an air ambulance and the 23 expansion of the current helicopter hangar, with local revenue 24 increased accordingly. 25 2. That CIP #3-227, "Police Helicopter Replacement and 26 Hangar Expansion," is hereby amended to include the configuration 27 of a police helicopter to serve as an air ambulance. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the day of , 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: _9 ') ram/ Management Services APPROVED AS TO LEGAL SUFFICIENCY: City Attor�ffice Y CA10085 X:\PA\GG\OrdRes\Police Helicopter ORD R-3 June 30, 2006 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $200,000 from Reserve for Contingencies to the Fire Department's FY 2006-07 Operating Budget for a Validation Study MEETING DATE: July 11, 2006 ■ Background: The Virginia Beach Fire Department, in conjunction with the Department of Human Resources, has endeavored to deliver firefighter selection processes that accurately assess a candidate's propensity toward the knowledge, skills and abilities required to be a successful firefighter. As the service delivery demands of the fire service change, so do the knowledge, skills, and abilities of a firefighter to effectively deliver those services. To accurately adjust the firefighter selection process, validation studies of both the written and physical agility portions of the selection process must be conducted on a regular basis. ■ Considerations: During the course of the recent Department of Justice review of both Police and Fire Department hiring practices, it was strongly recommended that both departments conduct up to date validation processes to support the integrity of the process and ensure equity in the ability of all potential candidates to complete the hiring process. Preliminary estimates indicate the study for both the written and physical agility portions of the Fire Department selection process are in the range of $200,000. This figure mirrors the amount estimated and approved in a May 23, 2006 ordinance to reallocate excess salary from the Police Department FY06 general operating budget for their portion of the study. The Fire Department did not have sufficient excess FY06 budget funding to cover the estimated costs of the project. Funding for the Fire Department share of the project is requested to come from Reserve for Contingencies. ■ Public Information: Public Information will be handled through the normal Council agenda process. ■ Alternatives: Without appropriation of the funding for this validation study, the department places itself in a position for future contention of the validity of the selection process for minority and/or female applicants. ■ Recommendations: Transfer $200,000 from Reserve for Contingencies to the Fire Department's FY 07 Operating Budget to support the Fire Department's participation in a firefighter selection process validation study. ■ Attachments: Ordinance Recommended Action: Appropriate the requested funds Submitting Department/Agency: Fire Department z City Manager: S ��t, �/ 1 AN ORDINANCE TO TRANSFER $200,000 FROM 2 RESERVE FOR CONTINGENCIES TO THE FIRE 3 DEPARTMENT'S FY 2006-07 OPERATING BUDGET 4 FOR A VALIDATION STUDY 5 WHEREAS, the Virginia Beach Fire Department has determined 6 that it should a review the criteria used for its hiring and 7 selection process. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: 10 That $200,000 is hereby transferred from Reserve for 11 Contingencies to the Fire Department's FY 2006-07 Operating 12 Budget to pay for a validation study of the Fire Department's 13 selection and hiring practices. 14 Adopted by the Council of the City of Virginia Beach, 15 Virginia on the day of , 2006. APPRVOED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City Att ney's Office CA10084 X:\PA\GG\OrdRes\Fire Validation Study ORD R-3 June 30, 2006 s a� 7V ,J YS.J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $225,000 from CIP #1-090, "Three Oaks Elementary School," and CIP #1-001, "Renovations & Replacements -Energy Management," to CIP #1-232, "Tennis Court Renovations," to Fund Increased Renovations Costs and Allow the Awarding of a Contract to the Low Bidder MEETING DATE: July 11, 2006 ■ Background: The City and Schools have a jointly funded, cooperative effort, to renovate or rehabilitate public tennis courts at secondary school sites (CIP # 1-232). Council appropriated $100,000 in new funding for this project for FY 2006-07. This project provides safe and well -maintained tennis facilities for use by the general public. An efficient and effective tennis court maintenance plan requires surface treatment, patching, and periodic renovations. Some tennis courts require complete renovation. ■ Considerations: The City and Schools cooperative effort ranks renovation projections in priority order, and for this year the Schools issued a Request for Proposals to renovate the tennis courts at Green Run, Salem, and Tallwood high schools. Surface re -treatment products are petroleum based, and due to the existing market conditions for such products, the low bid for these projects was $225,000 over the original estimate. Surplus funds in other completed or nearly completed capital projects have been identified as a source of funds to complete the necessary renovations and enable Schools to award a contract to the low bidder. The School Board adopted a resolution on June 20, 2006 requesting these transfers. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Alternatives: Without this transfer of funds, some of these courts cannot be renovated, which could necessitate the temporary closing of courts due to safety issues. ■ Recommendations: Approve transfer of funds. ■ Attachments: Ordinance and School Board Resolution Recommended Action: Adopt Ordinance Submitting Department/Agency: Schools and Management Services City Manager: <zV - '�5-r 1 AN ORDINANCE TO TRANSFER $225,000 FROM CIP #1- 2 090, "THREE OAKS ELEMENTARY SCHOOL," AND CIP 3 #1-001, "RENOVATIONS & REPLACEMENTS -ENERGY 4 MANAGEMENT" TO CIP #1-232, "TENNIS COURT 5 RENOVATIONS," TO FUND INCREASED RENOVATIONS 6 COSTS AND ALLOW THE AWARDING OF A CONTRACT TO 7 THE LOW BIDDER 8 9 WHEREAS, due to the existing market conditions of increasing 10 costs for petroleum -based products used in tennis court 11 renovations, an additional $225,000 must be transferred to CIP #1- 12 232, "Tennis Court Renovations," to complete renovations and allow 13 the award of a contract to the low bidder for this project. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 That $175,000 is hereby transferred from CIP #1-090, "Three 17 Oaks Elementary School," and $50,000 is hereby transferred from 18 CIP #1-001, "Renovations & Replacements -Energy Management," to CIP 19 #1-232, "Tennis Court Renovations," to fund the increased 20 renovation costs and enable the awarding of a contract to the low 21 bidder. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2006. APPROVED AS TO CONT5N)T: APPROVED AS TO LEGAL SUFFICIENCY: �_ PAO Management Services City Attorne s Office CA10083 X:\PA\GG\OrdRes\Tennis Court ORD R-4 June 30, 2006 1 4IRGINIA BEACH CITY PUBLIC SCHOOLS SCHOOLBOARD Daniel D. Edwards Chairman District 1- Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) • 717-0259 (cell) Sandra Smith -Jones Vice Chairman District 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167(h) Rita Sweet Bellitto At -Large P.O. Box 6448 VA Beach, VA 23456 418-0960(h) Jane S. Brooks District 6 - Beach 721 Hilltop Road VA Beach, VA 23454 425.1597 (h) Emma L "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Edward F. Fissinger, Sr. At -Large 412 Becton Place VA Beach; VA 23452 486.4567(h) AHEAD OF THE CURVE CAPITAL IMPROVEMENT PROGRAM TRANSFER OF FUNDS WHEREAS, bids were opened for renovations to tennis courts at Green Run, Salem and Tallwood High Schools, and WHEREAS, as a result of the continued increase in petroleum prices, the cost of these projects exceeds funds available, and WHEREAS, the tennis court renovation. project is a jointly funded effort between the School Division and the City's Department of Parks and Recreation, and WHEREAS, unencumbered funds are available in recently completed capital projects, NOW, THEREFORE, BE IT RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the School Board requests that City Council approve transfers as follows: Dann. Lowe is aysi e 4617 Red Coat Road From VA 49 68A 234551 OCIP 1-090 Three Oaks ES Michael W. Stewart District 3 - Rose Hall 105 Brentwood Court VA Beach, VA 23452 498-4303 (h) " 445-4637 (w) ArthurT. Tate At -Large 1709 Ladysmith Mews VA Beach, VA 23455 460-5451(h) Carolyn D. Weems At -Large 1420 Claudia Drive VA Beach, VA .23455 464-6674 (h); Lois S. Wil(ialms, Ph.D. District 71 Princess Anne 2532 Las�Corrales Court VA BeacH� VA23456 816-6107 (cell) • 961-3734 (w) SUPERINTENDENT Sheila S. Magula, Ed.D. , 2512 George. Mason. Drive VA Beach; VA 23456 263-1007 CIP 1-061 Renovations & Replacements — Energy Management Total Amount To $175,000 CIP 1-232 Tennis Court Renovations $50,000 CIP 1-232 Tennis Court Renovations $ZZ5,000 2. That a copy of this resolution be delivered promptly to each member of City Council, the City Manager, and the City Clerk by the Clerk of the Board. ,adopted by the School Board of the City of Virginia Beach, Virginia, on this 20th day of June 2006. Daniel D.EEdde�ands ' -k ATTEST: CE' E TF ANDCORECOPY m( w . Dianne P. Alexander Clerk, Schkot Bo , Clerk of the Board City of y'troni , School Administration Building • 2512 George Mason Drive " P.O. Box 6038 " Virginia Beach; VA 23456-0038 N. PLANNING 1. Applications of VERIZON WIRELESS for Modification of Conditions re a Conditional Use Permit to allow four (4) directional panel antennas per sector on communications towers: 1036 Ferry Plantation Road (Approved by City Council on September 26, 1995) (DISTRICT 4 - BAYSIDE) 5636 Southern Boulevard (Approved by City Council on January 23, 1996) (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 2. Application of GARY W. SMITH for a Conditional Use Permit re recreational facility of an outdoor nature (skateboard ramp) at 804 Terrace Avenue (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 3. . Application of VIRGINIA BEACH CHRISTIAN LIFE CENTER dba WAVE CHURCH for a Conditional Use Permit re a church and accessory uses at Seaboard Road and Live Oak Trail (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL 4. Application of KEMPSVILLE PRESBYTERIAN CHURCH for a Conditional Use Permit re a church expansion with an ancillary structure at 805 Kempsville Road (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: APPROVAL 5. Application of CHRISTIAN FELLOWSHIP CHURCH for a Conditional Use Permit re a church in a shopping center at 544 Newtown Road (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: APPROVAL 6. . Application of GREENBRIER TECHNOLOGY CENTER II ASSOCIATES, LLC, (Strayer University) for a Conditional Use Permit re a private college at 249 Central Park Avenue (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION: APPROVAL 7. Application of PINEWOODS, LLC for a Change of Zoning District Classification from A-12 Apartment to Conditional RT-3 Resort Tourist at 524 Laskin Road (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 8. Ordinances to AMEND and REORDAIN the City Zoning Ordinance (CZO): a. §104 re civil penalties for violations of commercial vehicles and recreational equipment, increase the penalties and REPEAL §217 pertaining thereto. b. § 1809 re allowing certain Conditional Uses as principal uses in Accident Potential Zone 1(APZ-1) in I-2 Industrial Districts. RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, July 11, 2006, at 6:00 p.m. The following applications will be heard: DISTRICT 6 - BEACH Gary W. Smith Application: Conditional Use Permit for a recreational facility of an outdoor nature (skateboard ramp) at 804 Terrace Avenue (GPIN 2417927155). Pinewoods L.L.C. Application: Change of Zoning Dis- trict Classification from A-12 Apartment to Conditional RT-3 Resort Tourist at 524 Laskin Road (GPIN 2418921055). The Comprehensive Plan designates this site as being within the Oceanfront Resort Area. suit- able for resort -oriented uses consistent with the poli- cies of the Comprehensive Plan. The purpose of this rezoning is to zone the property consistent with its exist- ing use. CITY OF VIRGINIA BEACH Ordinance to Amend and Reordain Section 1809 of the City Zoning Ordinance (Appendix A) by allowing certain uses as Principal Uses in Accident Potential Zone 1 where allowed as Conditional Uses in the 1-2 Industrial District. Ordinance to amend Section 104 of the City Zoning Ordinance to include the imposition of civil penalties for violations pertaining to commercial vehicles and recre- ational equipment and to include the increase of the amount of civil penalties, and to repeal Section 217 of the City Zoning Ordinance pertaining to civil penalties. DISTRICT 4 - BAYSIDE Verizon Wireless Application: Modification of a Condi- tional Use Permit for a communications tower approved by City Council on September 26, 1995.at 1036 Ferry Plantation Road (GPIN 1478450391). DISTRICT 2 - KEMPSVILLE Verizon Wireless Application: Modification of a Condi- tional Use Permit for a communications tower approved by City Council on January 23, 1996 at 5636 Southern Boulevard (GPIN 1467145284). Kempsville Presbyterian Church Application: Condi- tional Use Permit for a church (addition) at 805 Kempsville Road (GPINs 1466650386; 1466652066). Christian Fellowship Church Application: Conditional Use Permit for a church at 544 Newtown Road (GPIN 1468303340). PRINCESS ANNE Virginia Beach Christian Life Center d/b/a Wave Church Application: Conditional Use Permit for a church on the southwest side of Seaboard Road (GPINs 2404608579;2404604227;2404605883). DISTRICT 5 - LYNNHAVEN Greenbrier Technology Center II Associates, L.L.C. Appli- cation: Conditional Use Permit for a public or private college or university at 249 Central Park Avenue (GPIN 1477551028). All interested parties are invited to attend. Ruth Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at hftp://www.vbgov.com/dept/`Diannino/boards/`DC Z . For information call 3854621. 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 at 427-4305. (TDD - Telephonic Device for the Deaf). -37- Item V--M.4 PUBLIC HEARING ITEM # 39823 PLANNING Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of VIRGIIVL4 CELLULAR LIMITED PARTNERSHIP, CONTEL CELLULAR (Its General Partner) for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF VIRGINIA CELLULAR LIMITED PARTNERSHIP, CONTEL CELLULAR (Its General Partner) FOR A CONDITIONAL USE PERMIT R09951984 BE IT HEREBY ORDADIED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Cellular Limited Partnership, Contel Cellular (Its General Partner) for a Conditional Use Permit for a communications tower on the east side of Ferry Plantation Road, north of East Honeygrove Road Said parcel is located at 1036 Ferry Plantation Road and contains 1.696 acres. BAYSIDE BOROUGH. The following conditions shall be required. 1. The tower will be a mono pole style tower and will not exceed 100 feet in height. 2. The applicant will work to facilitate joint use of the tower, if other tower use needs are identified in this area. This Ordinance shall be effective in accordance with Section 107 ()) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen -sixth gf September. Nineteen Hundred and Ninety - Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, 111, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy K Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf September 26, 1995 Man F s Verizon Wireless � I � � •eYi�O � � •,J 1 � _- w j-.fig///' Modification of Conditions r4 i wCM CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Verizon Wireless — Modification of a Conditional Use Permit (communications tower), 1036 Ferry Plantation Road (DISTRICT 4 — BAYSIDE) MEETING DATE: July 11, 2006 ■ Background: Application of Verizon Wireless for the Modification of a Conditional Use Permit for a communications tower approved by City Council on September 26, 1995. Property is located at 1036 Ferry Plantation Road (GPIN 1478450391). DISTRICT 4 — BAYSIDE ■ Considerations: A Conditional Use Permit, permitting the existing communication tower, was approved by the City Council on September 26, 1995 with two (2) conditions. The existing communication tower is 90-feet in height and utilizes flush mounted antennas. The applicant proposes to change the antennas to three -sector arrays (four directional panel antennas per sector). The requested change to the antennas is required to provide for greater channel efficiency to the subscribers in the area. The proposed change will not increase the height of the existing tower and will use the existing equipment shelter and compound. The Zoning Administrator has determined the applicant must modify the conditional use permit due to the change in the type of antennas. The. proposal is in conformance with the Comprehensive Plan's recommendations for this area. The request to replace the flush mounted antennas with array style antennas will provide for greater efficiency in serving the volume of subscribers in the area, and is consistent with the standards in the City Zoning Ordinance for wireless communication antennas. Additionally, the efficiency increase provided by the new antenna arrays will reduce the need for additional antenna towers in this area. The Planning Commission placed this item on the consent agenda because this is the addition of equipment to an existing tower, the request meets the standards provided by the City Zoning Ordinance for communication towers and antennas, and there was no opposition. Verizon Wireless — 1036 Ferry Plantation Road Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. All conditions attached to the Conditional Use Permit granted by the City Council on September 26, 1995 shall remain in affect except as modified below. 2. The change in antennas shall substantially conform to the submitted site and elevations plans entitled ' WITCHDUCK CO -LOCATE ANTENNA REPLACEMENT, 1036 Ferry Plantation Road, Virginia Beach, VA, 23455", prepared by Clark-Nexsen Architecture and Engineering, and dated 3/28/06. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. In the event the tower is not used for a period of one year, it must be removed at the owner's expense. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen ,*/ City Manager: VERIZON WIRELESS Agenda Item 25 June 14, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Modification of the Conditional Use Permit approved by the City Council on September 26, 1995 ADDRESS / DESCRIPTION: Property located at 1036 Ferry Plantation Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14784503910000 4- BAYSIDE 1.696 acres The Conditional Use Permit permitting a communication tower SUMMARY OF REQUEST was approved by the City Council on September 26, 1995. The Conditional Use Permit has two conditions: 1. The tower will be a monopole style tower and will not exceed 100 feet in height. 2. The applicant will work to facilitate joint use of the tower, if other tower use needs are identified in this area. Currently the communication tower exists at 90-feet in height and utilizes flush mounted antennas. The applicant proposes to change the antennas to three -sector arrays (four directional panel antennas per sector). The requested change to the antennas is required to provide for greater channel efficiency to the subscribers in the area. The proposed change will not increase the height of the existing tower and will use the existing equipment shelter and compound. The Zoning Administrator has determined the applicant must modify the conditional use permit due to the change in the type of antennas. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Haygood Skating Center and a communication tower. VERI SURROUNDING LAND North: . Mini -warehouses / B-2 Business USE AND ZONING: South: . Offices / B-2 Business East: . Mini -warehouses / B-2 Business West: . Ferry Plantation Road • Across Ferry Plantation Road are single-family dwellings / R- 7.5 Residential NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES The request does not produce any impact upon city services. The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN the Primary Residential area. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Primary Residential Area. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Primary Residential Area. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions recommended by staff. The recommended conditions are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The request to replace the flush mounted antennas with array style antennas to _provide for greater efficiency in serving the volume of subscribers in the area is acceptable and is consistent with the standards in the City Zoning Ordinance for wireless communication antennas. Additionally, the efficiency increase provided by the new antenna arrays will reduce the need for additional antenna towers in this area. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on September 26, 1995 shall remain in affect except as modified below. VERI 2. The change in antennas shall substantially conform to the submitted site and elevations plans entitled "WITCHDUCK CO -LOCATE ANTENNA REPLACEMENT, 1036 Ferry Plantation Road, Virginia Beach, VA, 23455", prepared by Clark-Nexsen Architecture and Engineering, and dated 3/28/06. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. In the event the tower is not used for a period of one year, it must be removed at the owner's expense. 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. 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. 'k■=!J IA EXISTING TOWER AND ANTENNAS PROPOSED TOWER AND ANTENNAS: x 9 L' r Verizon Wireless Mnc Not to Scale • Fe i //� ., IM d. MI , 1. 5/25/99 Conditional Use Permit (Commercial Recreational Facility) Approved 9/26/95 Conditional Use Permit (Communication tower) Approved 1/24/72 Conditional Use Permit(Skating Rink Approved 2. 11/26/96 1 Rezoning B-2 Business to Conditional 0-2 Office Approved NOIIV)rlddV 6NOLLIQNO3 JO NOlIV3ldIaOW z w i LU Q N 0 J U N z w Q V! D V Uf 8 Cm in ? N O �G ! *ri , �pO O Nt 5.O Cf vimC N 12 7 W. Oco �-.f Y D�.f' Ga TOLLA'Z.LNO �3a3 a ' �j m.v'sJ »mc"'sr;$,mNOVy m E c`a O jjjjj A c a � 19 4: m d' �'� c v ,• �I J�` I i cam E e c w c L a� as ''.2 m t9 a. ~ .Q 2 Ncis O W a'ti 7 f ti7' '�S O-Dcaf .e >.mJ ;�N N C O mm OflOD £..O 'a p ? c c l < m -am c'.sm. C aov; N —'�c m» N m E 3iT-S m�?6-0Sv maonRCO Oc pCmGpa CMD E pC U c G M d A {pJ C c v�yy O m ? C p L [S 3 Qf D Li C � T� G G N 4 e CC O C9 CS M u 0 0 0 3 OC m .2`ypy m�0 m y. �- 22 T m Q�gm.s m_ � fu' C tt�D'Cf aai cOi G �o i o U�, �fc" Z`}; do 30: - � No U � Cad` a s se $ nQ. � g i Z aR N } �.� a3f •.. 44 a•. ; cn � �>CL CD C m W mmp �� w U N 4m'f D fi .0 ixi p m N. O aL ✓ .i1 C fS? � O➢ U C C 0.L jt pie rj NolIV3ndTU(IVSMOLLIQNW dONOIld'JI�QOW 4 � � - 2 \ .§ ƒ9 •2 -# t. q 39 / ) !; @ ) � Item #25 - Verizon Wireless Modification of a Conditional Use Permit 1036 Ferry Plantation Road District 4 Bayside June 14, 2006 CONSENT Janice Anderson: Our next application is Item #25, Verizon Wireless. It is for a Modification of a Conditional Use Permit for a communications tower on property located at 1036 Ferry Plantation Road in the Bayside District. Welcome sir and please state your name. Gregory Tully: Good afternoon. My name is Gregory S. Tully representing Verizon Wireless this afternoon. I have a quick question for the Vice Chairman before we begin. Janice Anderson: Sure. Gregory Tully: I noticed that Item #25 was on the consent agenda and Item #26 was not. Janice Anderson: That's coming next. Gregory Tully: I counted 14. You said fourteen in the beginning. I just wanted to make sure. Very briefly, Verizon Wireless is satisfied with all the conditions on both applications, and very much appreciates both items being on the consent agenda, as they are modifications of the underlying conditions. Janice Anderson: On Item #25, there are three conditions. They are acceptable Mr. Tully correct? Is there any opposition to agenda Item #25? Thank you. Mr. Ron Ripley will explain both applications. Thank you Mr. Tully. Ronald Ripley: These are modifications of two Conditional Use Permits. This is a pretty routine modification. They are existing cell towers. The first one at Ferry Plantation Road is 90 feet. It is going to have some equipment put on it that will extend it to no more than 100 feet. And really all they are doing is they're asking to do what they call "three -sector array" or four directional panel antennas which helps the coverage of what they're trying to do here. We encourage this because the intent of bringing this into a Conditional Use Permit is to make sure that we don't have too many of these cell towers. I know it might look like a lot, but the city is very diligent in trying to keep down the number and having people collocate onto these towers so that we don't have as many around that are junking up the views, if you will. But it was pretty routine; so, the Commission put it on the consent agenda and that is why it is on the consent. Item #25 Verizon Wireless Page 2 Janice Anderson: Thank you Mr. Ripley. Mr. Chairman, I have a motion for approval of consent agenda item #25. Barry Knight: Thank you. There is a motion on the floor to approve the consent agenda item #25. Do I have a second? A second by Kathy Katsias. Is there any discussion? AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item #25. -35- Item IV- L. 4 PUBLIC HEARING ITEM tl 40324 (Continued) PLANNING voting: 10-0 Council Members Voting .lye: John A. Baum, Linwood O. Branch, 111, Robert K Dean, William W. Harriron, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Vrce Mayor Wlliam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy K Parker January 23, 1996 -34- Item N-1 a PUBLIC HEARING ITEM # 40324 PLr1NNINC Howard Martin represented the applicant and advised the developer will save all the trees possible. Upon motion by Council Lady Strayhorn, -seconded by Ytce Mayor Sessoms, Ordinances upon application of CONTEL CELLULAR, INC. for ConditioCity Council ADOPTED nal Use Permits: ORDINANCE UPON APPLICATION OF CONTEL CELLULAR, INC. FOR A CONDITIONAL USE PERMIT• FOR AN 80-FOOT MONO POLE COMMUNICATIONS TOWER R01962015 BE IT HEREBY ORDAINED BY THE COUNCIL OF TtIE CITY OF VIRGINIA BEACH, YIRGINL4 Ordinance upon application of Conte, Cellular, Inc. for a Conditional Use Permit for an go foot Monopole communication tower on the North side of ,Southern Boulevard beginning at a point 700 feet more or less East of Freight Lane, containing 3.54 acres The (BAYSIDE BOROUGH). e following conditions shall be required 1. The tower will a monopole style tower and will not exceed 80 feet in height. 2. The applicant will work to facilitate joint use of the rower, ij Other rower use needs are identified in this area. ORDINANCE UPON APPL "7-1ON OF CONTEL CELLULAR, INC. FOR A CONDITIONAL USE PERMIT FOR A 125-FOOT COMMUNICATION TOWER R01962016 BE 'THEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA Ordinance upon application of Conte, Cellular, Inc. for a 125foot communication tower on the North side of Central Drive, 1300 feel more or less West of London Bridge Road (529 Central Drive). containing 1.24 acres (LYNNHAVEN BOROUGH). The following conditions shall be requited: 1 • Ae applicant will work with the F.A.A. and the U.S. Navy to ensure that there is no conflict with air navigation in the area. 2• The applicant will work to facilitate joint use of the tower, if other minor tower use needs are identified in this area. 3• The tower will be a monopole style tower and will not exceed 125 feet in height. These Ordinances shall be effective in accordance with Section 107 (f} of the Zoning ordinance. Ado by the Council of the City of Vrginut Beach, Virginia, on the tlundre andand Ni---nOn'� Lwenty-third of ►.,„, x,• e January 23, 1996 I.f-. !' 7 am m- MIS u Modification of Conditions �,Qye`�IA BEgC1 4 � t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Verizon Wireless — Modification of a Conditional Use Permit (communications tower), 5636 Southern Boulevard (DISTRICT 2 — KEMPSVILLE) MEETING DATE: July 11, 2006 ■ Background: Application of Verizon Wireless for the Modification of a Conditional Use Permit for a communications tower approved by City Council on January 23, 1996. Property is located at 5636 Southern Boulevard (GPIN 1467145284). DISTRICT 2 — KEMPSVILLE ■ Considerations: A Conditional Use Permit, permitting the existing 80-foot high communication tower, was approved by the City Council on January 23, 1996. The existing communication tower utilizes flush mounted antennas. The applicant proposes to change the antennas to three -sector arrays (four directional panel antennas per sector). The requested change to the antennas is required to provide for greater channel efficiency to the subscribers in the area. The proposed change will not increase the height of the existing tower and will use the existing equipment shelter and compound. The Zoning Administrator has determined the applicant must modify the conditional use permit due to the change in the type of antennas. The. proposal is in conformance with the Comprehensive Plan's recommendations for this area. The request to replace the flush mounted antennas with array style antennas will provide for greater efficiency in serving the volume of subscribers in the area, and is consistent with the standards in the City Zoning Ordinance for wireless communication antennas. Additionally, the efficiency increase provided by the new antenna arrays will reduce the need for additional antenna towers in this area. The Planning Commission placed this item on the consent agenda because this is the addition of equipment to an existing tower, the request meets the standards provided by the City Zoning Ordinance for communication towers and antennas, and there was no opposition. Verizon Wireless — 5636 Southern Blvd. Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. All conditions attached to the Conditional Use Permit granted by the City Council on January 23, 1996 remain in affect, with the following modification. 2. The change in antennas shall substantially conform to the submitted site and elevations plans entitled "GREENWICH CO -LOCATE ANTENNA REPLACEMENT, 5040 Southern Boulevard, Virginia Beach, VA, 23462", prepared by Clark-Nexsen Architecture and Engineering, and dated 3/28/06. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. In the event the tower is not used for a period of one year, it must be removed at the owner's expense. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: k , t VERIZON WIRELESS Agenda Item 26 June 26, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Modification of the Conditional Use Permit approved by the City Council on January 23, 1996 for an 80-foot communication tower Map C 7 Verizon Wireless J 8-2 IVI / Modlf—tio, or conda;ons ADDRESS / DESCRIPTION: Property located at 5636 Southern Boulevard GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14671452840000 2 - KEMPSVILLE 3.5518 acres The Conditional Use Permit permitting an 80-foot SUMMARY OF REQUEST Communication Tower was approved by the City Council on January 23, 1996. The Conditional Use Permit has two conditions: 1. The tower will be a monopole style tower and will not exceed 80 feet in height. 2. The applicant will work to facilitate joint use of the tower, if other tower needs are identified in this area. Currently the communication tower exists at 80-feet in height and utilizes flush mounted antennas. The applicant proposes to change the antennas to three -sector arrays (four directional panel antennas per sector). The requested change to the antennas is required to provide for greater channel efficiency to the subscribers in the area. The proposed change will not increase the height of the existing tower and will use the existing equipment shelter and compound. The Zoning Administrator has determined the applicant must modify the conditional use permit due to the change in the type of antennas. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Office building, parking, landscaping and a communication tower. SURROUNDING LAND North: . Office building and parking / 1-1 Light Industrial USE AND ZONING: South: . Southern Boulevard East: . Office building and parking / 1-1 Light Industrial West: . Office building and parking / 1-1 Light Industrial NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES The proposed request will not produce any impact upon city services. The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN the Strategic Growth Area 3 — Newtown Area. This Strategic Growth Area is a principal gateway to the City of Virginia Beach and is bisected by 1-264. Much of the area is developed with low to mid -rise structures comprising a mix of office and light industrial uses of varying quality. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions recommended by staff. The recommended conditions are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The request to replace the flush mounted antennas with array style antennas to provide for greater efficiency in serving the volume of subscribers in the area is acceptable. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on January 23, 1996 remain in affect, with the following modification. 2. The change in antennas shall substantially conform to the submitted site and elevations plans entitled "GREENWICH CO -LOCATE ANTENNA REPLACEMENT, 5040 Southern Boulevard, Virginia Beach, VA, 23462", prepared by Clark-Nexsen Architecture and Engineering, and dated 3/28/06. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. In the event the tower is not used for a period of one year, it must be removed at the owner's expense. 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. 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. £® / l j ^ � ^ � � .: � . NO C-7 , T7nri,rn•» u%rale. MEN r AN on, -i A77V�i t7/ F ®IN r Modification of Conditions 1. 1/23/96 10/14/68 Conditional Use Permit (Communication tower) Rezoning (R-S 4 Residence Suburban and C-G 2 General Commercial to M-1 3 General Industrial Approved Approved 2. 3/14/95 Conditional Use Permit Communication tower Approved 3. 4/10/89 Subdivision Variance Approved 4. 10/23/89 Conditional Use Permit Motel Approved 5. 2/26/90 Conditional Use Permit Outside storage) Approved 6. 1/8/90 Conditional Use Permit Transmitter Approved NOuvUl7d go, NOuniaQOW zw 2 w w x 3 U) cii ff 1121"j, if. CL J PH 536 jai to c 0 lit I abi3 z i lit min", 27 NOLI,PJI1ddd SNOIZIQI�[0D 30 NOIZPJI31G01+[ ) - { - _ } [ §} ! \ \\ \f \)a \\ )- : -5 } _ ■ | � § [ 2 7 � § � . � § , a! 7 Item #26 Verizon Wireless Modification of a Conditional Use Permit 5636 Southern Boulevard District 2 Kempsville June 14, 2006 CONSENT Janice Anderson: The second item is agenda Item #26. This is also an application of Verizon Wireless. It is for a Modification of Conditional Use Permit for a communications tower. This application is on property located at 5636 Southern Boulevard in the Kemspville District. This has three conditions with it. Gregory Tully: Good afternoon. My name is Gregory S. Tully representing Verizon Wireless. Janice Anderson: Mr. Tully are those conditions agreeable? Is there any opposition to this application? Thank you. Mr. Ron Ripley will explain this application. Thank you Mr. Tully. Ronald Ripley: This is a modification of a Conditional Use Permit. This is pretty routine modification. It is an existing cell tower. This one, on Southern Boulevard, is 80 feet. It will stay 80 feet. And really all they are doing is they're asking to do what they call "three -sector array" or four directional panel antennas which helps the coverage of what they're trying to do here. We encourage this because the intent of bringing this into a Conditional Use Permit is to make sure that we don't have too many of these cell towers. I know it might look like a lot but the city is very diligent in trying to keep the number down and having people collocate onto these towers so that we don't have as many around that are junking up the views, if you will. Bitt it was pretty routine; so, the Commission put it on the consent agenda, and that is why it is on the consent. Mr. Chairman, I have a motion for approval of consent agenda item 426. Barry Knight: Thank you. There is a motion on the floor to approve the consent agenda item #26. Do I have a second? A second by Kathy Katsias. Is there any discussion? AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE ABS 0 ABSENT 0 Item #26 Verizon Wireless Page 2 LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item #26. Barry Knight: Thank you Mr. Weeden. CUP,,'or Outdoor recreation facility :�`' ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Gary W. Smith — Conditional Use Permit (skateboard ramp), 804 Terrace Avenue (DISTRICT 6 — BEACH) MEETING DATE: July 11, 2006 ■ Background: Application of Gary W. Smith for a Conditional Use Permit for a recreational facility of an outdoor nature (skateboard ramp) on property located at 804 Terrace Avenue (GPIN 2417927155). DISTRICT 6 — BEACH ■ Considerations: The applicant requests a Conditional Use Permit for an outdoor recreational facility, consisting of a skateboard ramp in the rear yard of the parcel. The ramp will be primarily limited to the use of the applicant and his six -year old son. The parcel is situated in the Shadowlawn residential neighborhood of the Oceanfront Resort Area, and has a bungalow -style single-family house situated on it. The applicant desires to construct the ramp in the southeast corner of the rear yard, approximately five (5) feet from the rear lot line and ten (10) feet from the side lot line. Staff recognizes the popularity of the skateboarding sport, and the increasing desire of homeowners to install ramps in their yards. Like other recreational equipment and facilities in residential yards (swimming pools, basketball goals, etc.), skateboard ramps have the potential to become nuisances to surrounding residents, especially in regard to sound that emanates from the facility, such as the continuous bouncing of a ball, the sound of skateboard wheels rolling across the plywood surface of the ramp, or the sound of cheers and joyful screams. Such sound is normal and is expected in residential neighborhoods. The problems arise when the sound occurs outside the hours of the day expected for such sound, the sound increases beyond the level normally expected, or the sound includes language that is not considered appropriate. When this occurs, the sound becomes "noise." Such noise, especially if it includes the gathering of individuals on the lot beyond what is normally expected, can significantly disturb the tranquility and peace within the neighborhood. Further, of all recreational equipment and facilities in residential areas, it is the skateboard ramp that, due to the nature of rolling wheels on the riding surface and the size of the ramp, has the potential to create the greatest nuisance. Thus, the requirement for this conditional use permit. Gary W. Smith Page 2 of 3 To ensure that the recommendation of the Comprehensive Plan to protect neighborhoods from destabilizing influences is met, it is vital that this proposal provides safeguards designed to significantly avoid the potential for the facility to become a nuisance to the surrounding residents and thus, to the neighborhood. To accomplish this, the applicant has met with adjacent residents, as well as residents in each of the blocks surrounding the site, explaining the proposal to construct the ramp and the conditions and restrictions under which it will be used. Signatures of support from the residents on forms provided by the applicant were submitted with the application. The applicant notes that the ramp will only be used during the hours of 10:00 A.M. to dusk. Additionally, an adult will be on -site when the ramp is in use, and the ramp will be locked with a chain during all other times to prevent its use. All skaters under the age of 18 will be required to wear helmets. The size of the ramp is proposed at 13 feet by 26 feet, with a height of four (4) feet at the rollout deck platforms. One of the platforms will have a two (2) foot high rail. To provide a secure skating surface, the ramp will be permanently mounted to the ground with concrete piers at each end and at the center. Wood sheathing at each end of the rollout deck platforms combined with sound attenuation attached to the underside of the skating deck are proposed to reduce the sound from the ramp. Staff concludes that the ramp will be constructed and operated in a manner such that it will not prove to be a destabilizing influence in the neighborhood. The conditions below, reflective of the applicant's self-imposed rules and standards, will ensure this. Additionally, a condition is recommended requiring an annual review of the facility to make sure that the rules are being adhered to and the facility is not acting as a destabilizing influence on the neighborhood. The Planning Commission placed this item on the consent agenda because they felt that it was an appropriate use, as conditioned, the applicant had the support of the residents in the surrounding area, and Staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request, with the following conditions: 1. The skateboard ramp shall be located and constructed in substantial compliance with the submitted property survey and the submitted drawing entitled, "Smith Ramp," dated March 31, 2006. 2. Use of the ramp shall be limited to the hours between 10:00 a.m. and dusk. 3. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in the construction of the ramp: (a) the underside of the plywood beneath the skating surface shall be insulated; (2) the sides of the ramp shall be enclosed with wood; and (3) roofing paper shall Gary W. Smith Page 3of3 be installed between the plywood and the skating surface of the ramp. 4. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be used. 5. At least one adult shall be outside the house and present when the ramp is in use. 6. The applicant shall enforce the rules submitted with the application regarding use of the ramp. The Zoning Administrator shall annually evaluate whether the rules have been enforced and the conditions above have been adhered to. If the evaluation reveals that the rules and conditions are being met, the use permit shall be renewed for an additional year, with an annual evaluation thereafter: If the evaluation reveals that the rules and conditions are not being met, the Zoning Administrator shall refer the use permit to the City Council for revocation. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agenc : Planning Departmen City Manager: . GARY W. SMITH Agenda Item 1 June 14, 2006 Public Hearing Staff Planner: Stephen J. White REQUEST: Conditional Use Permit for an Outdoor Recreation Facility (skateboard ramp) - of r 0 s C �♦i+ le!' ♦ as� 4 E r; •��..� a c �6 �' ADDRESS / DESCRIPTION: Property located at 804 Terrace Avenue. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 2417927155 6 - BEACH 6,000 square feet The applicant requests a Conditional Use Permit for an SUMMARY OF REQUEST outdoor recreational facility, consisting of a skateboard ramp in the rear yard of the parcel. The ramp will be primarily limited to the use of the applicant and his six -year old son. The parcel is situated in the Shadowlawn residential neighborhood of the Oceanfront Resort Area, and has a bungalow -style single-family house situated on it. The applicant desires to construct the ramp in the southeast corner of the rear yard, approximately five (5) feet from the rear lot line and ten (10) feet from the side lot line. The size of the ramp is proposed at 13 feet by 26 feet, with a height of four (4) feet at the rollout deck platforms. One of the platforms will have a two (2) foot high rail. To provide a secure skating surface, the ramp will be permanently mounted to the ground with concrete piers at each end and at the center. Wood sheathing at each end of the rollout deck platforms combined with sound attenuation attached to the underside of the skating deck are proposed to reduce the sound from the ramp. The applicant has met with adjacent property owners, as well as residents in each of the blocks surrounding the site, explaining the proposal to construct the ramp and the conditions and restrictions under which it will be used. Signatures of support from the residents on forms provided by the applicant were submitted with the application. The applicant notes that the ramp will only be used during the hours of 10:00 A.M. to dusk. Additionally, an adult will be on -site when the ramp is in use, and the ramp will be locked with a chain during all other times to prevent its use. All skaters under the age of 18 will be required to wear helmets. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family residential SURROUNDING LAND North: . Single-family residential / R-5S Residential Single -Family USE AND ZONING: South: . Single-family residential / R-5S Residential Single -Family East: . Single-family residential / R-5S Residential Single -Family West: . Single-family residential / R-5S Residential Single -Family NATURAL RESOURCE AND Site is developed with a single-family dwelling, a wood deck, lawn, CULTURAL FEATURES: concrete driveway and walk, and an accessory structure. AICUZ: The site is in an AICUZ of 70 to 75 d6 Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES WATER AND SEWER: There is no impact on City water and sewer services from this use. POLICE: The Police Department notes that residential ramps of this nature can become a nuisance and result in increased calls primarily due to noise. Rules for use of the ramp, strict supervision of use of the ramp, and control of access to the ramp are necessary to avoid the ramp becoming such a nuisance. The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN the Oceanfront Resort Area / Shadowlawn neighborhood. While the neighborhood is part of the Resort Area, the Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of such stable neighborhoods. Established residential neighborhoods are to be protected against invasive land uses that, due to their activity, intensity, size, hours of operation or other factors, would tend to destabilize them. Uses proposed for introduction into such neighborhoods should be evaluated to ensure that they are not destabilizing influences. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions recommended by staff. The recommended conditions are provided below. Staff recognizes the popularity of the skateboarding sport, and the increasing desire of homeowners to install ramps in their yards. Like other recreational equipment and facilities in residential yards (swimming pools, basketball goals, etc.), skateboard ramps have the potential to become nuisances to surrounding residents, especially in regard to sound that emanates from the facility, such as the continuous bouncing of a ball, the sound of skateboard wheels rolling across the plywood surface of the ramp, or the sound of cheers and joyful screams. Such sound is normal and is expected in residential neighborhoods. The problems arise when the sound occurs outside the hours of the day expected for such sound, the sound increases beyond the level normally expected, or the sound includes language that is not considered appropriate. When this occurs, the sound becomes "noise." Such noise, especially if it includes the gathering of individuals on the lot beyond what is normally expected, can significantly disturb the tranquility and peace within the neighborhood. Further, of all recreational equipment and facilities in residential areas, it is the skateboard ramp that, due to the nature of rolling wheels on the riding surface and the size of the ramp, has the potential to create the greatest nuisance. Thus, the requirement for this conditional use permit. To ensure that the recommendation of the Comprehensive Plan to protect neighborhoods from destabilizing influences is met, it is vital that this proposal provides safeguards designed to significantly avoid the potential for the facility to become a nuisance to the surrounding residents and thus, to the neighborhood. To accomplish this, the applicant developed a set of rules and standards by which the skateboard ramp will be constructed and used. The design of the ramp and the rules for its use should prevent the sound from and activity at the ramp from becoming "noise" and an intrusion on the surrounding residents. The applicant also personally visited with the adjacent residents, providing them with a copy of the standards and rules, and explained them to the residents. Further, the applicant went beyond the adjacent residents, and visited with residents in the blocks around the subject site. The applicant gained signatures of support from those he visited. Staff, therefore, concludes that the ramp will be constructed and operated in a manner such that it will not prove to be a destabilizing influence in the neighborhood. The attached conditions, reflective of the applicant's self-imposed rules and standards, will ensure this. Additionally, a condition is recommended requiring an annual review of the facility to make sure that the rules are being adhered to and the facility is not acting as a destabilizing influence on the neighborhood. Approval of the use permit is recommended, subject to the following conditions CONDITIONS 1. The skateboard ramp shall be located and constructed in substantial compliance with the submitted property survey and the submitted drawing entitled, "Smith Ramp," dated March 31, 2006. 2. Use of the ramp shall be limited to the hours between 10:00 a.m. and dusk. 3. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in the construction of the ramp: (a) the underside of the plywood beneath the skating surface shall be insulated; (2) the sides of the ramp shall be enclosed with wood; and (3) roofing paper shall be installed between the plywood and the skating surface of the ramp. 4. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be used. 5. At least one adult shall be outside the house and present when the ramp is in use. 6. The applicant shall enforce the rules submitted with the application regarding use of the ramp. The Zoning Administrator shall annually evaluate whether the rules have been enforced and the conditions above have been adhered to. If the evaluation reveals that the rules and conditions are being met, the GARY W. SMITH Agenda Item 1 Page 3 use permit shall be renewed for an additional year, with an annual evaluation thereafter. If the evaluation reveals that the rules and conditions are not being met, the Zoning Administrator shall refer the use permit to the City Council for revocation. 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. 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. PROPOSED SITE PLAN Z ' ' Salt- h�U .I.aj�y I PROPOSED RAMP RD FE CE'� o FRrb! 5.36' 13' X 26' --�• SHEL? 12' 12.0• €�r--49 /L0r-,e .EXISTING 8 FooT 14 50' d ;SOLID PRIVACY FENCE 32.s7' ¢ W rR Cq5 .to D 3 .� STY FR. h 4.95` • . r •� IrRrt. PORGt! • .r,• rEA' i'A E A VENUE'At.~ ....4-t CROSS -SECTIONS OF RAMP ZONING HISTORY 6/24/1997 Subdivision Variance Withdrawn DISCLOSURE STATEMENT av? vcJ cam" i 'f A I� C. Z a C Q47� 4 nor cGr6ei ry t— U a 5 y al .f sa a"VGin 'Ce,—a �� GCJ��"'1dJ a Q. r r. 8ts . 9 U` y Ji 41 Ci u V .mot Y Q .Q C1 F+ i - - ----- ---- -- - - a C: ui O. •C C i(l.. O ?" C 5z In G O h tvn`'bi= `c uJ It, Sl N J v p T Item # 1 Gary W. Smith Conditional Use Permit 804 Terrace Avenue District 6 Beach June 14, 2006 CONSENT Barry Knight: The next items will be our consent items. The Vice Chair will handle this portion. of the agenda. Janice Anderson: Thank you Mr. Chairman. Today we have 14 items on our consent agenda. The first one I would like to call is agenda Item #1, Gary W. Smith. This is for a Conditional Use Permit for a skateboard ramp on property located at 804 Terrace Avenue in the Beach District. Welcome Mr. Smith and Crew. This is on the consent agenda with six conditions. Have you read them? Gary Smith: Yes ma'am. Janice Anderson: Crew, are you excited about your new ramp? Crew Smith: Yes. Ed Weeden: State your name for the record. Gary Smith: Gary Smith. Janice Anderson: It has been noted that you did a very good job in getting the support of your neighbors. We appreciate that. Gary Smith: Thank you. Janice Anderson: Is there any opposition to this application? Thank you. Jay Bernas will explain why we placed this on the consent agenda. Jay Bernas: This is a Conditional Use Permit application for a skateboard ramp in the Shadowlawn neighborhood of Virginia Beach. Primarily, this ramp will be used by his six -year old son Crew, and we think that this is a great application. He is incorporating some sound attenuation on the ramp. He's got all the adjacent property owners to sign off on the proposed ramp. In addition, the hours of operation will only be from 10:00 a.m. to dusk. It will be locked with a chain at all other times, and he is going to require anyone under the age of 18 be required to wear helmets. We think that is a good thing. There will always be an adult present during the use of the ramp. I would like to note that one Item #1 Gary W. Smith Page 2 of the Commissioners does have some concerns about safety, but due to the quality of this application, although he is reluctant, he is in favor of it. If he could, he would throw in a half vote or a three-quarter vote but I don't think that is possible. The Commission thinks that this is a good application, and that is why it is on the consent agenda. Janice Anderson: Thank you Jay. Gary Smith: Thank you for your consent. Crew Smith: Thank you. Janice Anderson: Mr. Chairman, I have a motion for approval of consent agenda item #1. Barry Knight: Thank you. There is a motion on the floor to approve the consent agenda item #1. Do I have a second? A second by Kathy Katsias. Is there any discussion? AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item #1. AJ-- i V }7 12 CUP - for Church rt of 'xyG7 rsr„ r Z'J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Virginia Beach Christian Life Center d/b/a Wave Church — Conditional Use Permit (church), Seaboard Road (DISTRICT 7 — PRINCESS ANNE) MEETING DATE: July 11, 2006 ■ Background: Application of Virginia Beach Christian Life Center d/b/a Wave Church for a Conditional Use Permit for a church on property located on the southwest side of Seaboard Road, approximately 650 feet southeast of Live Oak Trail (GPINs 2404608579; 2404604227; 2404605883). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant requests a Conditional Use Permit to allow development of the site for a church and associated accessory uses. The submitted master plan depicts the development of the church in four phases: Phase One — Youth Center. Initially, the Youth Center will also serve as the church congregational service center for Sunday morning, seating approximately 500 members. During the week, the building will be used as a Children's Learning Center providing before and after school tutoring, pre- school and daycare services. Hours of operation will be Monday through Friday, 7:00 AM to 7:00 PM. The applicant anticipates start of construction in 2009. • Phase Two — Sanctuary, maintenance and equipment structure, and athletic fields. The sanctuary will seat 2,500 people. The sanctuary will also house offices for the pastors, a bookstore, and a coffee shop. An additional 750 parking spaces will be installed with this phase. The applicant anticipates start of construction in 2011. • Phase Three — Educational center. This building will be constructed to house the before and after school tutoring, pre-school and daycare services. It will serve 200 to 300 children. Hours of operation will be Monday through Friday, 7:00 AM to 7:00 PM. After this phase is complete, the Youth Center will be solely occupied by middle and high school aged children. The proposed educational center will be 14,865 square feet and 35-feet in height. The applicant anticipates start of construction in 2013. Virginia Beach Christian Life Center d/b/a/ Wave Church Page 2 of 3 • Phase Four — Chapel. The chapel will be 3,400 square feet and 30-feet in height. The chapel will seat 200 members and be used primarily for weddings and funerals. The applicant anticipates start of construction in 2015. The submitted development plans are acceptable. The plans depict a minimum of 50% open space on the site once all proposed development is complete. Additionally, the open space will be passive in the form of a walking and jogging trail through perimeter landscaping and active in the form of athletic fields. The submitted building elevations depict buildings to be constructed in a contemporary style with dark brown brick and light brown brick accents with green -tinted glass. The Master Transportation Plan depicts Seaboard Road as a 110-foot width right-of-way with a bikeway. A preliminary alignment done by the Department of Public Works in 2003 for an improved Seaboard Road includes some `straightening' of the curve at this location. Staff believes that the layout of the proposed uses on the site appear to allow sufficient space for the plan to be adjusted as needed to provide for the straightening. This issue will be further studied and discussed as part of the Traffic Impact Study mentioned below and during detailed site plan review. Reservation by the applicant of a portion of the site to allow for the straightening at some future date may be required, and some minor adjustments to the plan during Phase I may also be needed. As further phases beyond Phase I are brought forward, adjustments to the site plan will be necessary to accommodate the alignment. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 8-3 to approve this request with the following conditions: The site shall be developed substantially in accordance with the submitted site plan entitled "WAVE CHURCH, SEABOARD ROAD, VIRGINIA BEACH, VIRGINIA, MASTER PLAN", prepared by Tymoff + Moss Architects, and dated May 30, 2006. Said plan has been exhibited to the Virginia Beach City Council, and is on file in the Virginia Beach Planning Department. 2. The applicant shall maintain a minimum of 50-percent open space on the site. 3. The buildings shall be constructed substantially in accordance with the submitted elevations entitled "WAVE CHURCH, SEABOARD ROAD, SOUTH ELEVATION, PHASE 1 — 2009, PHASE 2 — 2013", prepared by Tymoff + Moss Architects. Said plans have been exhibited to the Virginia Beach City Council, and are on file in the Virginia Beach Planning Department. 4. The applicant shall comply with sound attenuation requirements as specified in the Virginia Uniform Statewide Building Code. If noise complaints are received by the City pertaining to church music or other associated activities Virginia Beach Christian Life Center d/b/a/ Wave Church Page 3 of 3 the church shall work with the Zoning Administrator to reduce the sound to an acceptable level that does not disrupt the residential uses in the area. 5. The applicant shall submit a Traffic Impact Study to the Virginia Beach Public Works Department / Traffic Engineering Division for review and approval before any construction on the site or occupation of the site. 6. The applicant shall submit a photometric plan for review and approval by the Virginia Beach Planning Department / Current Planning Division. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and city streets. Lighting should be directed down at the ground and not horizontally or up in the air. 7. The applicant shall install a 25-foot landscaped buffer along all property lines. The buffer area shall be bermed and planted with a mixture of deciduous and evergreen shrubs and trees. The berming shall be between 3-4 feet in height and shall meander and undulate through the buffer area. Landscaping and berming shall be installed according to the submitted phased plans. 8. The athletic fields shall be gated from sundown to sunrise. There shall be no lighting of the recreational fields. The recreational fields shall not be used for overflow parking for any events associated with the church. 9. The applicant shall identify an area on the site for the parking of church - owned vehicles subject to Planning Staff approval. 10. The applicant shall identify and verify the existence of the cemetery reported to exist on the site, determine if any remains exist, and design the site improvements around the cemetery. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department �r City Manage . t VIRGINIA BEACH CHRISTIAN LIFE CENTER, WAVE CHURCH Agenda Item 28 June 14, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for a church Val _31761 fill, ADDRESS / DESCRIPTION: Property located on the southwest side of Seaboard Road, approximately 650- feet southeast of Live Oak Trail GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24046085790000; 7 — PRINCESS ANNE 31.084 acres 24046042270000; 24046058830000 APPLICATION HISTORY: The Applicant requested a deferral of this request at the May 10, 2006 Planning Commission meeting for the purpose of working with staff regarding concerns over the scope and design of the proposed project, and to work with concerned neighbors. Staff met with church representatives twice to suggest changes to the project. The following changes have been made: 1. The church has reduced the final parking by 20%, down to 1000 spaces; 2. The church has added an undulating and meandering 25' wide berm, 3-4' in height, with deciduous and evergreen trees on all property -adjoining neighbors; 3. The church has changed the external materials to accommodate the wishes of the commission for compatible colors within the transition zone; 4. The church has relocated all parking to an internal consolidation to allow 61% open -space plus additional visual separation from contiguous landowners; 5. The church has reduced the over-all square footage of the finished plan to 81,000 squarejeet;,,, VIRGINIA BEACH CHRISTIAN LIFE CENTER, THE WAVE CHURCH Agenda- Item 28 Page 1 6. The church is submitting only 4 phases; 7. The church has moved the starting date for Phase I back to 2009, with the final Phase IV stage projected to be completed around 2015. Recently staff learned there might be an abandoned cemetery on the site. Staff contacted the Agriculture Department to obtain the old aerials of the site in attempt to locate the cemetery. Staff also contacted a previous occupant of the site to determine the existence and location of the cemetery. The information provided indicates there was a cemetery on the site in the 1940's. Today there is no evidence, such as markers or delineation of the site, to indicate a cemetery exists. The church representative states there is nothing in any of the deeds, title searches, or surveys to indicate a cemetery exists on the site. The church is agreeable to trying to identify and verify the existence of the cemetery, determine if any remains exist, and design the site improvements around the cemetery. The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site for church and associated accessory uses. The submitted master plan depicts four phases to be developed. Phase One — Youth Center. Initially it will serve as the church congregational service center for Sunday morning, seating approximately 500 members. The intention is to have multiple Sunday services over the course of several years until they are ready to commence Phase Two. The youth will use the building on Saturday evenings for services geared toward middle and high school aged children. During the week the building will be used as a Children's Learning Center providing before and after school tutoring, pre-school and daycare services. Hours of operation will be Monday through Friday, 7:00 AM to 7:00 PM. The proposed building will be 14,775 square feet and 35-feet in height. Additionally, with this phase 250 parking spaces and the large storm water management facility along Seaboard Road will be installed. The applicant anticipates start of construction in 2009. • Phase Two — Sanctuary, maintenance barn, equipment barn, and the athletic fields. The sanctuary will seat 2,500 members. It will be used all day and evening on Sundays. The sanctuary will also house offices for the pastors, a bookstore, and a coffee shop. The proposed building will be 47,900 square feet and 35-feet in height. An additional 750 parking spaces will be installed with this phase. The applicant anticipates start of construction in 2011. • Phase Three — Educational center. This building will be constructed to house the before and after school tutoring, pre-school and daycare services. It will cater to 200 — 300 children. Hours of operation will be Monday through Friday, 7:00 AM to 7:00 PM. After this phase is complete the Youth Center will be solely occupied by middle and high school aged children. The proposed educational center will be 14,865 square feet and 35-feet in height. The applicant anticipates start of construction in 2013. • Phase Four — Chapel. The chapel will be 3,400 square feet and 30-feet in height. The chapel will seat 200 members and be used primarily for weddings and funerals. The applicant anticipates start of construction in 2015. VIRGINIA BEACH CHRISTIAN LIFE CENTER, THE WAVE CHURCH Agenda Item,28 Page 2 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: . Seaboard Road USE AND ZONING: . Across Seaboard Road are Single-family dwellings and wooded areas / AG-2 Agricultural South: . Single-family dwellings / AG-1 & AG-2 Agricultural East: . Seaboard Road • Across Seaboard Road are Single-family dwellings and wooded areas / AG-2 Agricultural West: . Single-family dwellings / AG-1 Agricultural NATURAL RESOURCE AND The site is a grass field. There are no natural resources or cultural CULTURAL FEATURES: features associated with the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP)• Seaboard Road in front of this site is a two-lane collector street. There are no projects in the currently adopted Capital Improvement Projects to improve this section of Seaboard Road. However the Master Transportation Plan depicts Seaboard Road as a 110-foot width right-of-way with a bikeway. A preliminary alignment done in 2003 for an improved Seaboard Road includes some `straightening' of the curve at this location. The layout for the proposed uses on the site appear to allow sufficient space for the plan to be adjusted as needed to provide for the straightening. This issue will be further studied and discussed as part of the Traffic Impact Study mentioned below and during detailed site plan review. A Traffic Impact Study shall be required before any approvals for construction. A right turn and left turn lane may be required on Seaboard Road at both entrances to the site. The turn lanes will require rights -of -ways dedications during detailed site plan review. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Seaboard Road 2,996 ADT 6,200 ADT Existing Land Use — 10 Proposed Land Use — Traffic Engineering reports that the trips cannot be determined with information provided Average Daily Trips z as defined by agricultural use WATER: City water does not front the site, but it may be extended for connection purposes provided hydraulic analysis supports the potential demand. Health Department approval is required. SEWER: City sanitary sewer is not available. Health Department approval is required for septic systems. Private grinder pumps and force main may be an option. The site is not within a pump station service area. Pump station analysis for potential receiving pump station and sanitary sewer collection system must be performed to ensure future flows can be accommodated. The Comprehensive Plan designates this site to be within the COMPREHENSIVE PLAN Transition Area / Princess Anne. The land use planning policies and principles focus strongly on promoting this area as a well -planned, low density, fiscally sound and desirable destination for people to live, work, and play. "Development in the Transition Area is not to be considered as a continuation of the higher density growth as experienced in the northern urban area, but as a more limited type of growth, with its own development standards suitable to the character of the area where greater integration of natural resources and more open space is planned." (p. 147) EVALUATION AND RECOMMENDATION Staff recommends approval of this request for a Conditional Use Permit for a church and associated accessory uses with the conditions listed below. The submitted revised site plans depicting a phased development of the site with a sanctuary, education center, youth center, chapel, 1000-space parking area, maintenance barn, equipment barn and ball fields is acceptable. The revised plans depict a minimum of 50% open space on the site once all proposed development is complete. Additionally the open space is to be passive in the form of a walking / jogging trail through perimeter landscaping and usable in the form of athletic fields. This is in keeping with the goals of the Princess Anne / Transition Area. The proposed berming and landscaping around the perimeter of the site and extensive use of storm water management ponds will enhance and soften the overall proposed development of the site. The submitted revised building elevations depicting the proposed buildings to be constructed with dark brown brick and light brown brick accents is more in keeping with the institutional buildings in the area and more complimentary to the surrounding uses. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted site plan entitled "WAVE CHURCH, SEABOARD ROAD, VIRGINIA BEACH, VIRGINIA, MASTER PLAN", prepared by Tymoff + Moss Architects, and dated May 30, 2006. Said plan has been exhibited to the Virginia Beach City Council, and is on file in the Virginia Beach Planning Department. 2. The applicant shall maintain a minimum of 50-percent open space on the site. VIRGINIA BEACH CHRISTIAN LIFE CENTER, THE WAVE CHURCH Agenda Item -28 Page 4 3. The buildings shall be constructed substantially in accordance with the submitted elevations entitled "WAVE CHURCH, SEABOARD ROAD, SOUTH ELEVATION, PHASE 1 — 2009, PHASE 2 — 2013", prepared by Tymoff + Moss Architects. Said plans have been exhibited to the Virginia Beach City Council, and are on file in the Virginia Beach Planning Department. 4. The applicant shall comply with sound attenuation requirements as specified in the Virginia Uniform Statewide Building Code. If noise complaints are received by the City pertaining to church music or other associated activities the church shall work with the Zoning Administrator to reduce the sound to an acceptable level that does not disrupt the residential uses in the area. 5. The applicant shall submit a Traffic Impact Study to the Virginia Beach Public Works Department / Traffic Engineering Division for review and approval before any construction on the site or occupation of the site. 6. The applicant shall submit a photometric plan for review and approval by the Virginia Beach Planning Department / Current Planning Division. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and city streets. Lighting should be directed down at the ground and not horizontally or up in the air. 7. The applicant shall install a 25-foot landscaped buffer along all property lines. The buffer area shall be bermed and planted with a mixture of deciduous and evergreen shrubs and trees. The berming shall be between 3-4 feet in height and shall meander and undulate through the buffer area. Landscaping and berming shall be installed according to the submitted phased plans. 8. The athletic fields shall be gated from sundown to sunrise. There shall be no lighting of the recreational fields. The recreational fields shall not be used for overflow parking for any events associated with the church. 9. The applicant shall identify an area on the site for the parking of church owned vehicles subject to Planning Staff approval. 10. The applicant shall identify and verify the existence of the cemetery, determine if any remains exist, and design the site improvements around the cemetery. 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. 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. VIRGINIA BEACH CHRISTIAN LIFE CENTER, THE WAVE Agenda RCH .n, 28 Page 5 PROPOSED SITE PLAN — PHASE 1 VIRGINIA BEACH CHRISTIAN LIFE CENTER, THE WAVE CHURCH Agenda Item 28 Page.7 *ft ft-tft i 4i tl� C �r' 9' _ t iiiifff�f PROPOSED SITE PLAN — PHASE 2 VIRGINIA BEACH CHRISTIAN LIFE CENTER, THE WAVE CHURCH. Agenda Item 28 Page 8 I aft ft-co 1 PROPOSED SITE PLAN — PHASE 3- VIRGINIA BEACH CHRISTIAN LIFE CENTER, THE WAVE CHURCH Agenda Item.28 Page 9 I d6w oft• E PROPOSED SITE PLAN - PHASE 4 PROPOSED BUILDING ELEVATION VIRGINIA BEACH CHRISTIAN LIFE CENTER, THE WAVE CHURCH Agenda Item 28 Page 11 VIRGINIA BEACH V PROPOSED BUILDING MATERIALS VIRGINIA BEACH CHRISTIAN LIFE CENTER, THE WAVE CHURCH Agenda Item 28 Page 12 1. 3/24/92 Rezoning (AG-1 & AG-2 Agricultural to R-10 Residential) Withdrawn 4/25/95 Conditional Use Permit (Church) Approved 3/27/97 Conditional Use Permit Church Approved 2. 4/25/00 Conditional Use Permit Borrow Pit Expansion) Approved 3. 10/12/04 Rezoning (AG-1 & AG-2 Agricultural to Conditional R-15 Approved with a PD-1-12 Planned Unit District Overlay) ZONING HISTORY VIRGINIA BEACH CHRISTIAN LIFE CENTER, THE WAVE CHURCH Agenda Item,28 Page 13 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. list the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach fist if necessary) s Trustees: "Stephen G. Kelly,�'Sharon G. Kelly, 'Joseph A. Monaco,`Seth Mizelle, Stephen D. Lentz 2. List all businesses that have a parent -subsidiary' or affiliated business entity` relationship with the applicant: (Attach list if necessary) .`Hampton Roads Coimmunity Care,,.Inc.;`Christian Life Networ ,,Oasis Counseling Center, LLC;''Wave Thrift Store, LLC; :Nave Child Learning Centers, Inc.. Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant, If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees. oartners, etc. below: (Attach list if necessary) NOT APPLICABLE 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NOT APPLICBLE ❑Check here if the property owner is NOT corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional Use Permit Application Page 9 of 10 Revised 9fl, Q4 I DISCLOSURE STATEMENT IC ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) TYMOFF & MOSS ARCHITECHTS n-auus164al y miauunsnlp rneans a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. i understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and. posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Applicant's Signature Stephen D. Lentz, Trustep Pr nt Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 o1,10 Revised 9f 1 M04 Item #28 Virginia Beach Christian Life Center d/b/a Wave Church Conditional Use Permit Southwest side of Seaboard Road District 7 Princess Anne June 14, 2006 REGULAR Joseph Strange: The next item is Item #28, Virginia Beach Christian Life Center d/b/a Wave Church, application of Virginia Beach Christian Life Center d/b/a Wave Church for a Conditional Use Permit for a church on property located on the southwest side of Seaboard Road, approximately 650 feet southeast of Live Oak Trail, District 7, Princess Anne, with nine conditions. Barry Knight: Welcome sir. Steven Lentz: Thank you very much Mr. Chairman, Steve Lentz for the record, and I represent the applicant here, and I appreciate the time and opportunity to pull up the rear today. We deferred this particular application 30 days ago to work with the City and the staff, and we're here to report back to you. We have been able to reach an accommodation. Just by way of brief review, I have John Tymoff, our architect, who took time off to be with us today. By way of brief review, we're talking about an expanding of the church that has been in operation and service to the community since 1954. Our Seaboard Road property was purchased in 1995 for the express purpose of building a church. That purpose has remained unchanged to this day. We're looking forward to growing and expanding. As the community grows and expands in this particular area, we will as well, and that is reflected in our phasing of our particular buildings that you will see on the master plan. Each phase depends on the growth of the community, number one; but number two, it all depends on the freedom of choice of the people in the community choosing our particular contemporary formof worship as their expression. So many times the master plan has been referred to almost as if it is a given. I wish I could be that optimistic, but in fact it is not. It will grow if the corridor grows, and if people decide they want to come to this particular church. But it is the freedom of choice that makes our country great, and that is what makes it special. That is why we can't buy just a cup of coffee. We have to give at least 25 instructions at Starbucks for the choice of coffee that we want. It's the same way with churches. There are many different inflections, reflections, and choices in this particular country. However, we understand that the freedom of choice also includes responsibility. It is that tension between choice and responsible behavior that I believe you're tasked with, and I admire you for it. I want to thank you very much for your time, and for the staff s time. It is the selection of that tension that I believe produces life in the community. So the accommodations that we have made since I've seen you last time reflect our opportunity to find that balance between our freedom of choice and expression and our freedom of Item #28 Virginia Beach Christian Life Center d/b/a Wave Church Page 2 religion, but also responsible growth in the corridor, and being a good neighbor. To address a few of the things that came up in the informal session, there was a question about, again, the particular traffic concerns that might come up in this particular area. We're only building Phase I to begin with. The phasing will not start until 2009 at the earliest. We are talking about a pre-school and after -school care facility. It also has a day school. The majority of the activity that happens in this particular phase is before school and after school, and then on the weekend as a church. We don't anticipate that, even though we agree to the traffic study, we don't believe there is going to be a significant change in anything that is happening on Seaboard Road because we're going to be building a Phase I of our particular facility. The following phases, of course, will accompany the growth in the corridor, and we're happy to address those, and to work with the City anyway we can with turn lanes, exit ramps. Anything you decide in the future. A few other things. We have reduced our parking spaces. We have included, again, an effort to accommodate the neighbors. We have shifted, and if you look at this particular plan, we have shifted all of our parking away from the neighbors. This is a flyover view that is not in your JPEG files, but our neighbors are back here. We have moved all of the parking away from them. We have put a 25-foot, three to four foot high undulating and meandering berm with deciduous evergreen trees in an effort to create a barrier both for sound and for sight for the activity that is happening. We have also dropped Phase V. So, the overall green space, open space, at the end of the complete build out of this site is 61 percent. So, we feel, again, we have worked very hard to accommodate the wishes of the neighborhood and of the corridor. As far as sound goes, I just wanted to mention that we are working with Shuler Shook, which is a very high -end sound engineering group out of Chicago. These are the kind of engineers that make sure that sound doesn't jump from theatre one to theatre two inside the movie theatre. These are the folks who are designing our sanctuary and all of our sound requirements inside both Great Neck Road and also this particular facility. So, sound is a very important factor to us. Even having said that, the particular example that was used in the informal session, the amount of land that we have here is five times the amount of land of the example that was brought up in the informal session. It also has, as you can see, a road and a pond between it and the neighbors. So, I don't think sound is going to be a problem but again, as part of the condition, we are happy to work with any requirements that will be reasonable to try to accommodate neighbors should there be a moment of distraction that comes from the sound of any activities. So, having said all of that, we reduced our square footage, and we are very happy and very proud basically to present this revision of the plan to you. We hope that you agree with us and we can receive your approval. Any questions? Barry Knight: Thank you Mr. Lentz. Any questions? Ms. Anderson. Janice Anderson: Thank you. You said that you had your technicians working at the Great Neck location. Have you had any complaints with any noise there at all? Steve Lentz: No. But as we go into our Phase 11 there and build our sanctuary, that is a Item #28 Virginia Beach Christian Life Center d/b/a Wave Church Page 3 very big part of what we do. It needs to sound good on the outside and stay on the inside. I misstated. It sounds good on in the inside and stay on the inside. So we are working very hard. Barry Knight: Are there any other questions? Thank you sir. Steve Lentz: Thank you. Barry Knight: Mr. Strange. Joseph Strange: Speaking in opposition? John, did you have anything else you wanted to say? Barry Knight: Welcome sir. John Tymoff: Good afternoon. My name is John Tymoff, Tymoff & Moss Architects. Mr. Lentz omitted one other modification that we made and that was in the color palette for the project. Rather than maintain the connection with the Great Neck campus, which is stainless steel and light color brick, we have moved to a dark, warm chocolate brown and light tan accent bricks, as well as changing from a blue glass to an evergreen glass, and the color of the mullions will also be in keeping with a light tan color depicted somewhat here. So that was another modification that we made based on your and Staff s recommendations. Barry Knight: Thank you. Any questions for Mr. Tymoff? Mr. Tymoff, last time when you were here we noted some concerns, and we asked you to put up a berm and the trees. We asked you to phase it down in size and scope. We also asked you to evaluate turn lanes, which is in our package also. As far as the color brick and glass and everything, and you have done that. We appreciate that. We know that neighbors have some more concerns. We're certainly going to listen to them, but so far we appreciate to the lengths to which you have gone to try to help satisfy things. Are there any other questions? Thank you sir. John Tymoff: Thank you. Joseph Strange: Speaking in opposition we have Laura Sisino. Barry Knight: Welcome ma'am. Laura Sisino: Good afternoon. My name is Laura Sisino. I'm here before you to speak in opposition of the current plans of the Wave Church. First let me say that I don't think _ anyone is opposed to a church being built on this property. We welcome it in the community and it is a welcomed addition. There has never been a question as to what the Wave Church offers and does. It is a good thing. We know that. But some of the key Item #28 Virginia Beach Christian Life Center d/b/a Wave Church Page 4 issues here are that Seaboard Road is a small winding country road, which has had numerous unfortunate vehicles finding their way into the ditches. I would like to be able to hand out data in reference to that, but they are not recorded in the police data; so, I am unable to share with you the exact numbers. But being a resident of Seaboard Road, I have personally witnessed many cars in ditches by the proposed site because of the curve there. The congestion that is already found at the two schools and at Foxfire is extremely frustrating to deal with now. Imagine what it would be like once there is a 500 and a 2,500 member facility that will hold several services on Sunday during the day and evening along with other activities that hundreds may come to during the week. At last night's Council meeting, and what I took from that, and I know it came up at the meeting this morning about Nimmo Parkway, from what I understood from that meeting last night, is that they are fighting very hard to get that approved, and get the funds for that. And it sounds like that is not going to happen for a very long time. So we need other answers. We need the traffic issues solved for this area. As I listened this morning, it seems madness that the new design is a better plan and seems acceptable by most on the committee. Let me ask you this? If you grew up in a little farmhouse across the street in this rural area, how would you feel sitting on your front porch every morning looking at such an urban contemporary massive building? I moved here to feel like I lived in the country. If I really wanted to drive by something like this everyday, I would have chosen to live in the northern part of the city. But that is not where I chose or many of the other residents that live in this area. The scope, scale, style and magnitude of the project's proposal, as well as the use, will be intrusive to the neighborhood and does not fit into the Princess Anne Transition Area Guidelines that were created not to ruin the area's character and over burden the roads. Barry Knight: Thank you ma'am. Are there any questions for Ms. Sisino? Thank you ma'am Joseph Strange: The next speaker is Chris Keylor. Barry Knight: Welcome sir. Chris Keylor: Good afternoon. Chris Keylor, 2565 Seaboard Road. I wanted to talk about the proposal. First off, I would like to acknowledge the Wave Church representative did eventually meet with us. As neighbors, we appreciate that. He did make a number of accommodations based both on your requests and our requests from the last meeting. Nonetheless, I think it is important that we consider this proposal on its own merits, and not to the extent that it is better than what was previously an unacceptable proposal. So I would like to point out a number of things, and first off is the sound. There was good discussion about that, and we just recently received, just before this meeting, an amended set of conditions. Now there are ten conditions. One of those included the sound. We are very supportive of that as a directly adjacent neighbor, especially because our house is a historic structure, has single -pane windows, and that is important to the historic nature of the building. Therefore, it is not practical for us to put Item #28 Virginia Beach Christian Life Center d/b/a Wave Church Page 5 in double -pane -triple pane windows to kill the sound. So, it is going to be more incumbent on the church to be a responsible neighbor in that fashion. So we do definitely appreciate that. The third thing that I wanted to mention is the new scope of this proposal. This proposal for a 2,500 seat convention center is still bigger than the old Virginia Beach Convention Center or the Pavilion. I recognize that it is smaller than what they proposed before, but it is still a very, very large proposal. It is still over 80,000 square feet, and still includes, and you have seen in the proposal a dozen different utilizations of this space, which again is going to carry traffic and is a high intensity, high -density use not appropriate for the Transition Area. The next thing that I wanted to mention, which has been mentioned by others, is that Seaboard Road is really not a good place for this. Seaboard Road, and specifically there, is a winding road. There has been opposition expressed to you and also in the local paper that this isn't just a great place for this to be. Seaboard Road may have additional capacity, but Princess Anne, which is where everyone is going from, and Seaboard Road backs up regularly during school hours. And to wrap up, I wanted to review what previous Planning Commissions have recommended. In March 1995, they approved capacity for 750, and they specifically noted that the proposal that had been drafted before then suggested that it might grow to 1,500, and would prove intrusive in a rural neighborhood. Now we're talking about 2,500, which is a whole other scale beyond that. Then, in February 1997, the approval was just for ball fields, and they made a specific note that no activities generating traffic during school hours should be allowed. Now we're talking about a pre-school, a day school, an actual school, and after school care. All of which are going to generate traffic right during the time period when the school is bringing children in and bringing children out. So those are my concerns. Largely, around the scale of this and the appropriateness on Seaboard Road. Thank you. Barry Knight: Thank you Mr. Keylor. Are there any questions? Thank you sir. Mr. Ripley. Ronald Ripley: How long have you lived in your house? Chris Keylor: Since 2001. Ronald Ripley: The Conditional Use Permit you just referred to was a Conditional Use Permit that was passed in 1995. Chris Keylor: There was one in 1995 and another in 1997. Ronald Ripley: In 1997, were you aware of those when you purchased your house - that there was a Conditional Use Permit for a large proposed church? _ Chris Keylor: We were aware that the church had owned the property and had general plans. We were not familiar with the exact number of seats proposed in those plans. Item #28 Virginia Beach Christian Life Center d/b/a Wave Church Page 6 Barry Knight: Are there any other questions? Thank you sir. Chris Keylor: Can I make a 10 second clarification? In regard to the sound attenuation, we also feel that it is important that is considered part of Phase I. Phase I, which would include the teen services on Saturday nights, which will also produce general noise, given their style of church. Barry Knight: Thank you. We'll get him to address that on the rebuttal. Joseph Strange: The next speaker is Bernard J. Byrne. Barry Knight: Welcome sir. Bernard Byrne: Good afternoon. Members of the Commission, I sent you a note. Ed Weeden: Sir, state your name for the record. Bernard Byrne: I'm sorry. My name is Bernard Byrne. I live in the Foxfire neighborhood, which is up the road. Again, I sent you a note at your May meeting. I also submitted an updated message this past Monday. I do not have time to discuss all the problems I see with this application. However, let me just focus on one of the biggest problems that comes to mind. Traffic. I realize that a Traffic Impact Study will be required for review and approval before any construction begins, but even without a TIS, you are being asked to approve this application through Phase IV and to include Phase IV, which calls for a 2,500-seat sanctuary and 1,000-car parking lot. Consider this. How difficult will it be to get 1,000 cars out of this site after a service? Seaboard Road is a two-lane rural road, winding, with mostly non-existent shoulders with deep drainage ditches on both sides. Most of the cars exiting this site will be turning left and driving north along Seaboard Road around the corner, around another curve, up to the light at Foxfire. Then they will be faced with the dilemma of turning right or left on a two-lane Princess"Anne Road and adding to the congestion along General Booth Boulevard or Holland Road or points west. This traffic crunch will ultimately impact on other parts of the city: Present day traffic on Seaboard Road and two-lane Princess Anne Road is currently a mess. This facility will only make it worse and should not be approved. Thank you. Barry Knight: Thank you sir. Are there any questions for Mr. Byrne? Thank you sir. Joseph Strange: Those are all the speakers who have signed up. Do we have anybody else? Barry Knight: Mr. Lentz. Item #28 Virginia Beach Christian Life Center d/b/a Wave Church Page 7 Steve Lentz: Just in response to two of the things. Mr. Keylor kept referring to our sanctuary as a convention center. The City has a great convention center. We're just building a sanctuary. The second thing is, again, the phasing, and we're not generating traffic. We are responders. We're a passive entity in this town. So, if the traffic is out there, and if the community is out there, then some of them will come to our church. In 2009, we're providing for 250 cars. I think that during the week that the traffic is already on that road for the schools and everything, so there is no additional traffic. We will start, if things go well, Phase II sometime around 2011, and it will probably conclude by 2013. Hopefully, by then, all of us will have better solutions for traffic out in this corridor. Again, I just want to restate that we don't create the traffic congestion out there. We are responders. We're not building a development. If they are out there, then we are serving the community. So, I just want to clarify that. Barry Knight: Are there any questions for Mr. Lentz? Mr. Ripley. Ronald Ripley: I have a question, and Mr. Scott can join in with this too. The original plan for the Conditional Use Permit had the building set back further from the road. This plan has the building closer to the road for dramatic effect, I would think. I'm sure it would be very effective. With the additional potential road needs, I see that the Master Transportation Plan is 110 feet, if I read that correctly. My question is do you feel it is set back far enough, and number two, is if it weren't set back far enough and a taking was to occur for public needs, the road, how do you feel about that, and have you all considered that because that will impact the aesthetics of your building considerably? Have you considered bringing the building back a little bit? You have enough land now that you can loosen it up to do that? Steve Lentz: That is very good point. Ronald Ripley: I would hate to see that happen. Let me ask Mr. Scott. Is that adequate setback? Are you comfortable with that? Robert Scott: Our judgment at this point is that it is, but if and when the day comes that we widen Seaboard Road, I want to tell you that our first choice is to see how long we can go without widening Seaboard Road. Our first choice for all roads down there is to keep them separately rural if that is the case. The residents that are speaking here are correct. This is a challenge for that road. Our judgment is it's okay, but I understand your concern about that. This is a challenge for that road, but the key question, if and when it comes time, is, are you going to widen the road on the existing alignment or are you going to try to take that curve out? We haven't really decided. That is not something that will always work all the way through. So, our best answer at this point is that what they have on their site plan is the best answer we can get at this point and we're reasonably comfortable with it. Item #28 Virginia Beach Christian Life Center d/b/a Wave Church Page 8 Ronald Ripley: And you are too? If they were taking land for the road, you would lose the aesthetics. Steve Lentz: As we demonstrated, we plan on fitting into the community. So whatever has to happen out there for the best of the community, we will participate in it. We already allowed for some taking. John Tymoff: If I may address. It is a very good question. In Phase H, as you see up here there has already been a widening of the roadway and increase in the public right-of-way. So, that contemplated the building being set back. If you could go back to slide one, you will see. that this is the current roadway. Barry Knight: You can use your pointer sir. John Tymoff: The current roadway is right along this slide. In Phase H, if you watch the corner property, the next slide, the widening of the road as well as the deceleration and acceleration lanes in there. It was contemplated for road widening if that did occur, and it correspond to the City's plan. Thank you. Barry Knight: Mr. Ripley. Is there anything else? Ronald Ripley: No. I just wanted to make sure that all the parties were aware of it. I was concerned where that building sites upon the corner. It doesn't give you any relief, and then you got this potential taking. Robert Scott: Mr. Ripley, if I could just add one more thought to that. If you look at the big picture of that challenge, and I think it is potentially a challenge, you will see that the biggest part of the challenge is not working the road from here, but finding a way to responsibly get it between the two schools, Princess Anne Elementary School and Princess Anne Middle School, and that almost demands someone coming up with a different kind of idea. I think that is going to be a real tough part of the problem right there. Barry Knight: Mr. Lentz. We keep hearing today two very main concerns. I'll start which I will consider the easy one is the sound attenuation. Mr. Keylor has an older house. It is a very well maintained. We have been back there. It is nice looking. We would like to see it stay the way it is. He is not going to want to put in his double and triple pane glass. So we have added a condition. Please be cognizant of your sound and your attenuation. Please do that. We got some provisions in here. The other one is a little a bit harder to tackle, which is the traffic issue. We have in here the present volume on Seaboard Road, which is about 3,000 cars a day. The present capacity is about 6,200, but they are average daily trips. The trips, when you know that everyone lets their kid off, no one rides a school bus anymore. It doesn't seem like that at Princess Anne Middle School. The cars in there, when it is time to go school and get out of school, is when it is Item #28 Virginia Beach Christian Life Center d/b/a Wave Church Page 9 really a traffic jam in there. It would really help your church if you could stagger your traffic flow to when people aren't going to work, and particularly to schools. So, could you tell me how you're going to try to stagger them? Steve Lentz: Sure. Actually, right now, as I mentioned before, our school activity, which is the principal activity during the week, is pre-school and after -school. We do have a Montessori school there, but the primary school load of our school is pre-school and after -school. So, our traffic would really be before the school traffic on Seaboard Road, and it would be after the traffic on Seaboard Road. So, Monday through Friday, which is where you have the real denser activity, I would imagine, we are not really in the middle of that, and don't have any plans to be. There is nothing in our church profile that changes that particular reality. On weekends, again, we are around other different times on Sunday. Barry Knight: The school wouldn't be in session at that time? Steve Lentz: Our school activities are Monday through Friday. Barry Knight: Right. Are there any questions for Mr. Lentz? Thank you sir. Steve Lentz: Thank you. Barry Knight: We'll open it up for discussion. Mr. Crabtree. Eugene Crabtree: I am inclined to agree with the traffic situation. And I think the proposed application, on what they're doing out there, is premature without the traffic situation being corrected first. I think that is first and foremost. We are looking at what is the best use for land. That is what is we are supposed to be doing. I am not convinced that there on Seaboard Road, with the traffic and everything that is going on, that this is the best use for that land. Even though they have done many changes that have come in line with what we asked or what the neighborhood has asked, I intend to agree with some of the neighbors and some of the things they have proposed. And consequently, I still don't believe this is the best use for that piece of property. I think there are places in the city that this particular thing would really be great. Would really be outstanding. I just don't think Seaboard Road is one of them. I'm sorry. But I will not be supporting the application. Barry Knight: Thank you Mr. Crabtree. Ms. Wood. Dorothy Wood: Gene, I certainly appreciate what you're saying about the traffic, and traffic is a problem. I don't think the traffic is going to get better for many years in Virginia Beach. But I so appreciate what they have done. They have really worked with the neighbors. They worked with staff. They have worked with Planning Commission. I have probably a hundred calls, as probably many of you had, with people supporting this Item #28 Virginia Beach Christian Life Center d/b/a Wave Church Page 10 application. So, when the time is right, I would like to make a motion that we accept the application. Barry Knight: Okay. We'll accept your first. Ms. Anderson. Janice Anderson: Yes. Barry Knight: Let me back up please. We have a first on the floor. I would like to ask for a second. Ms. Katsias is a second. So, there is a motion on the floor by Dot Wood and a second by Kathy Katsias. I'll open it back up for discussion. Thank you Ms. Anderson. Janice Anderson: Sure. I just have to say that we received several phone calls, at least I have, and I know Ms. Wood did too, several phone calls from the congregation. They have to be the politest group of people hat I have met. The volume was a little heavy but they were sure polite. I believe those two issues are hard ones to resolve the burden of the roads. That is no question, but with how they are phasing this out, and how the different activities will come and go, some will be church services and some will be pre- school. I think with that variety on this site, it won't be too much of a burden, and that it would be detrimental to the area. The other thing is the character and does it fit in? I think what the church has done to change. They have gone around with the changing of the color to fit in with the rural community. I applaud them on that. The design is much nicer. I think it is an attractive project. With the condition on the sound attenuation, the gentleman mentioned that he wanted it in all phases. I think it is clear. I think the way they have the new amendment number four on the condition would cover that, but I wouldn't have any opposition to making sure that reflects all phases including sound attenuation even in the first phase with the pre -day care center. So, I would be supportive. Barry Knight: Thank you. Mr. Ripley. Ronald Ripley: I do appreciate the applicant working with everybody. I think, and hopefully he understands the intent of the additional amendment this morning. It is really just to set up the spirit of cooperation so that everybody understands that is the intent, neighbors and church. I think when you go back and look at the Conditional Use Permits that were issued in the past, I see Mr. Cockrell signed as one Chairman and Mr. Vakos was the other. I think the die was cast a long time ago that there was going to be a large church here. It seemed to be the intent here. These Conditional Use Permits reflect that. In some cases, it looks like the sizes were ultimately planned to be this size or bigger. I think that the changes that have been made certainly isn't quite what I envisioned for the Transition Area, but I think given the fact that it is what the other Conditional Use Permits say, and the intent was there, and I think given the quality that this would be and the important role that this church is planning in this specific area, I think it is good to see Item #28 Virginia Beach Christian Life Center d/b/a Wave Church Page 11 what happened from that point of view. I think scaling back was really important. We appreciate that very much. Barry Knight: Thank you Mr. Ripley. Mr. Henley. Al Henley: Thank you. Once again, I would like to ditto the comments towards Wave Church and its followers that they did an excellent job on working with staff in this rural neighborhood. It is more acceptable than it was originally. I'll go back to the traffic condition, and I'm sure you were present in the informal session. When I had the privilege of being appointed to the Planning Commission, I took an oath, and in that oath, I swore that I would uphold the laws of the City of Virginia Beach, and to give every vote a serious thought before I made a comment or voted, and primarily for public safety. I think Seaboard Road is a very treacherous road. It is a rural road as Mr. Scott indicated, and there are probably no plans for widening or improving that road to accommodate those vehicles that use it today. Princess Anne Road is atrocious. And I made a comment earlier that if you have an opportunity to use Seaboard Road, try to make a left turn to go to City Hall, and by waiting about two to three cycles of that traffic light you may be lucky to get out. The road is already over capacity. As the gentleman said earlier, you're not creating the problem, but you are certainly contributing to the problem because of the need of your followers that will be coming to this particular church in order to worship and have child day care center, and all the other amenities that you provide. They are going to come, if you build it. And it is just going to create additional traffic problems on Seaboard Road. It is an accident waiting to happen. It is unfortunate that Nimmo Parkway, and we don't have a crystal ball to see when that particular roadway to come on. I wish it was in the plan today. I certainly do. I've seen Princess Anne Road back up from Holland Road all the way to the church, the Baptist church, which is probably a distance of a mile and a half or two miles. That is unacceptable. And by voting on this positive today, I will only be contributing to the already overcrowded conditions on Seaboard Road and Princess Anne Road. Without further delay, based on the traffic conditions solely, Seaboard Road and Princess Anne Road are already overcrowded with atrocious traffic conditions, I will not be able to support this application. Thank you. Barry Knight: Thank you. Mr. Waller. John Waller: I think they have done a very good job of addressing the concerns that we have and that a lot of people had. I think traffic is a concern, but I think in the way they are phasing it, by the time they get the whole thing built and you got 2,500 seats in there, something will be done with that road. It is almost a major road. I noticed in there they got it in the Transportation Plan, so it is going to be a I I0-foot right-of-way some day. With the two schools that are back there, there is a lot of traffic. That whole area is growing. I think that whether this building is built or not, the City if going to have to do _ something that way. Not because of the church, but I think it will happen. I can't see not approving this and just hoping the traffic will go away or won't come. I just think it will happen. I'm in favor of it. Item #28 Virginia Beach Christian Life Center d/b/a Wave Church Page 12 Barry Knight: Thank you Mr. Waller. Are there any other comments? One comment that I would like to get on the record is what I said in the informal session today. Mr. Henley is correct that Princess Anne Road is backed up terribly. If you're waiting to get out of Seaboard Road or waiting to get into Seaboard Road or to go through Seaboard Road, or pass it by Princess Anne Road, the traffic is terrible. There are three or four times per day it is almost grid locked down here. We have to get Nimmo Parkway funded. We just can't say it enough. I know they got some time frames. They keep backing us up. The State does. I just want to get in the verbatim that we need to do everything possible to get Nimmo Parkway built and completed. If and when that happens, it is going to help facilitate some of the traffic on Seaboard Road. We just need to send a signal that whether this application passes or fails, we still need to get Seaboard Road in there, because we're holding some people's property hostage because of the traffic situation that should have been rectified ten years ago. Are there any other questions or comments? There is a motion on the floor to approve Virginia Beach Christian Wave Church, agenda item #28. The motion was made by Dot Wood and seconded by Kathy Katsias. I'll call for the question. AYE 8 NAY 3 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE NAY HENLEY NAY KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE NAY WALLER AYE WOOD AYE Ed Weeden: By a vote of 8-3, the application of Virginia Beach Christian Life Center d/b/a Wave Church has been approved. Barry Knight: Thank you. Mr. Secretary. Is there any other business? Joseph Strange: There is no other business. Barry Knight: I'll call the meeting adjourned. &Y u. 9anzz 9. 4=4JJx IIJ400k 211 eSL4y_nint4 eSfeei (VitgZnia Bzag, �'R¢9i2ia 23451 Wednesday,May 31,2005 TO: MEMBERS OF CITY COUNCIL, MR.JAMES SPORE, MR.ROBERT PLANNING COMMISSION. E�i3 ,M �✓V^ JUN 0 9 2006 P NINDEPAR ENT SCOTT, MEMBERS OF THE FACTS: YOU ARE PLANNERS OF OUR CITY, ELECTED, EMPLOYED,AND APPOINTED TO MAKE OUR CITY BETTER, AND TO MAINTAIN THE GREAT QUALITY OF LIFE WE HAVE HERE. I HAVE LIVED HERE 60 YEARS AND HAVE SEEN IT TAKE SEVERAL PATHS. YOU ARE NOT ALLOWED TO MAKE OUR QUALITY OF LIFE LESS THAN WHAT I'$ IS,OR INCREASE DENSITY AND TRAFFIC. THIS IS HAPPENING IN MANY WAYS AND PLACES,SUCH AS 30th and BALTIC,AND ARCTIC AVENUES, ON PRINCESS ANNE ROAD,ON SEABOARD ROAD, THE ONCE BEAUTIFUL AREA AROUND PRINCESS ANNE COURTHOUSE ETC.AND THE LIST GOES ON. YOU ARE BEING ASKED TO APPROVE "WAVE CHURCH" ON SEABOARD ROAD.THIS IS NOT A CHURCH,REALLY,BUT A CONGLOMERATE, IN THE NAME OF RELIGION.IT WILL BE A PLACE OF "WORSHIP", A PRE-SCHOOL, A DAY CARE CENTER, A SPORTS COMPLEX,AND I BET IT IS "NON PROFIT" GREATLY NOT BENEFITTING THE CITY FINANCIALLY.IT IS ANOTHER ROCK CHURCH,IN A COUNTRY AREA,ON A SMALL TWO LANE ROAD WITH DITCHES ON EACH SIDE.IT WILL CREATE HUGE TRAFFIC PROBLEMS,RIGHT NEAR AN AREA WHICH IS NOW BUMPER TO BUMPER,AND 2 lanes. ARE YOU NOT OBLIGATED TO PROTECT OUR CITY??? occr /P, /2%m-r)o iS Q che)rch.I WE HAVE A COUNCILMAN NAMED JIM WOOD. HE IS A BUILbER.HE IS NOT A STEWARD OF THE AREA HE REPRESENTS.BELIEVE ME,I LIVE IN HIS DISTRICT. HIS HEAD NEVER GOES FROM SIDE TO SIDE,BUT HE VOTES YES CONSTANTLY,IN FAVOR OF BUILDERS,AND HIGHER DENSITY HOUSING. I UNDERSTAND THAT A MEMBER OF THE PLANNING COMMISSSION IS A RELATIVE OF HIS,AND ALSO MAYBE ONE ON THE ZONING BOARD OF APPEALS. THIS IS PURE AND SIMPLE, BLATANT NEPOTISM. I LOOKED IT UP IN THE DICTIONARY. TWO MEMBERS OF CITY COUNCIL TRYING TO RUIN OUR QUALITY OF LIFE WILL BE LEAVING IT IN JULY. I AM SURE THEY WILL VOTE FOR WHATEVER THEY CAN BEFORE THEY LEAVE. THERE IS ANOTHER NICE AREA THE DEVELOPERS ARE CHQOSING TO RUIN.DO YOU KNOW ANYTHING ABOUT A BORROW PIT?? DO YOU KNOW HOW NOT. NICE THEY ARE TO SWIM IN, AND ALSO HOW FRAUGHT WITH DANGER? AN ATTORNEY FOR THE DEVELOPERS SAYS THEY WILL BE A JEWEL IN THE CROWN OF VIRGINIA BEACH. BEAUTY IS ONLY IN THE EYES OF THE BEHOLDER WHO IS MAKING THE BIG MONEY. IN IJATCHING YOUR MEETINGS ON THE TV,IT IS THIS SAME ATTORNEY WHO IS AN EMPLOYES OF THE DEVELOPERS WHO APPEARS CONSTANTLY TO APPEAL FOR THEIR HIGHER DENSITY. BACK TO 30TH AND BALTIC, THIS 41k ALREADY A TRAFFIC NIGHTMARE. DRIVE DOWN THERE SOMETIME. EACH OF THESE UGLY LOOKING CONDOS WILL PROBABLY HAVE 2-3-4 people, WITH MAYBE EACH A CAR, A DOG, CAT, ETC.WE DID NOT ASK FOR ANOTHER TOWN CENTER HERE IN OUR SMALL BOROUGH.NOW THAT THE "TOURISTS" ARE HERE, IT IS AN ONGOING NIGHTMARE TO TRY TO GET "ANYWHERE". THIS IS NOT OUR GOVERNMENT OF THE PEOPLE,BY THE PEOPLE AND FOR THE PEOPLE.WE ELECT YOU, WE PAY YOU, WE PAY TAXES, WE DESERVE TO EXPECT YOU TO MAINTAIN OUR QUALITY OF LIFE,AND THIS IS NOT HAPPENING. Jane F. Addenbrook 2921 Seed R",d Vz+t.;4 $e4d, VA 23456 Phone 757-689-2600 fax 757-689-2901 June 11, 2006 To Planning Commission, The current proposed plan of the Wave Church still falls short on the guidelines of the Princess Anne/Transition Area that were created by and with city council, environmentalists, and property owners. These guidelines were created so as not to ruin the areas rural character and over burden the roads. The new plan is better than the first, BUT, in my opinion and several other residents the current design and scale still does NOT fit in the neighborhood. The Wave Church in its current design is better suited for the northern, more urban part of the city. The proposals for this site bring a much higher intensity of use in this area of the City than the guidelines in the Transition Area planned for: Why the Wave Church does NOT fit in some of the guidelines: 1. The proposed building design is modern, and the urban style of the buildings and the site layout do not lend themselves to the surrounding "rural" neighborhood. 2. The scope, scale, style and magnitude of the project's proposed use will be intrusive to the neighborhood. 3. Seaboard Road is a narrow road that with this proposed plan will become very congested given that the site calls for a 2500 member facility to hold several services on Sunday during the day and evening along with other activities that will bring heavy traffic to this area 7 days a week that this narrow curvy road can not handle. Below are some highlights of the guidelines that the Wave Church is not adhering to: Comprehensive Plan/Princess Anne/Transition Area Guidelines 1. "Development potential in this area is kept purposefully low. This minimizes the level of impact on existing public infrastructure; avoids the need for higher level and more expensive urban improvements; and, in keeping with the intent of the Green Line, ensures that citizens in other parts of the city will not be subsidizing capital improvements to support higher density, more urban type development in this area" (p.142-143) 2. Proposed development within this area should "Design with Nature, making a special effort to preserve and showcase significant environmental resources and open space areas" (p. 147) 3. "The relationship of a building to its surroundings, both natural and built, is important to its success. That relationship is primarily conveyed through the scale, mass, height, and proportion utilized in the design" (p. 158) There is no question, nor has there been that a church would be welcomed to the community, but the design, scale and magnitude of what the Wave Church is proposing for Seaboard Road simply does not fit nor blend into the neighborhood. Let's work together to shape this area and provide a clear vision as a community that will respect its past while we plan for its future in providing and preserving the quality this wonderful area deserves. Please strictly adhere to the Princes Anne/Transition Area Guidelines so we can achieve this goal. Thank you. Sincerely, Laura A. Sisino: Date: June 8, 2006 From: Chris Keylor, 2565 Seaboard Road To: Faith Christie, Virginia Beach Planning Department Cc: Steve Lentz, Wave Church Subject: CUP for Virginia Beach Christian Life Center on Seaboard Road Ms. Christie, I reside at 2565 Seaboard Road, directly adjacent to the subject property. Mr. Lentz from Wave Church took the time to meet with me to discuss their current plan. This new plan is certainly improved in several aspects and I appreciate his time reviewing the details. Our discussion centered around concerns I have as a directly adjacent neighbor and also based on the current Wave Church on Great Neck where I noted several areas of concern if they are to develop on Seaboard Road. We agreed to disagree on the topic of the overall scale of the proposal and appropriateness for the transition area and did not discuss it further (I continue to have significant concerns with the overall scale of the proposed development). We reviewed several items during our meeting: I. Communications Towers - The Wave church has a cell phone tower on their property at Great Neck. Given the already controversial architecture I asked if he would proffer that they would not be building any communications towers on this site. Request —proffer that they will not construct communications towers on this property. 2. Dumpsters — The Wave church on Great Neck has a dumpster directly visible from the road and not screened. Request — I would like Wave Church to proffer screening of dumpsters on all 4 sides as part of their submission. I Sound Attenuation - I understand there were problems with sound carrying from the Great Neck church to adjacent neighbors. Request: proffer inclusion of sound attenuation as part of each phase to prevent sound from carrying over to adjacent neighbors. CUP Virginia Beach Christian Life Center Page 1 of 2 4. Designated overnight parking — There are trailers and buses parked in several areas at the Great Neck site. Request: proffer a designated overnight parking area adjacent to the barns for all vehicles. 5. Ball Fields — We would prefer that the ball fields not be lighted. There are already many lighted ball fields within walking distance at Princess Anne Elementary. 6. Request: proffer no lights as part of the entire open space area along the Western section of the property, including the ball fields. Berming — We are very pleased to see the addition of the berming around the perimeter of the property. We would like to see this berming included as part of phase 1, to screen all neighbors from the ongoing construction that will be occurring over the proposed 5 year construction period. At a minimum we would like berming along the ball fields if they are in fact part of phase 1. I believe Wave Church could reasonably accommodate these requests as part of their overall plan with little to no additional cost and no impact to their ability to perform their mission as a church. CUP Virginia Beach Christian Life Center Page 2 of 2 Date: June 13, 2006 From: Chris Keylor, 2565 Seaboard Road To: Faith Christie, Virginia Beach Planning Department Subject. CUP for Wave Church on Seaboard Road Ms. Christie, I reside at 2565 Seaboard Road, directly adjacent to the subject property. I would like to express significant concerns with the current proposal for development of a convention center and church campus on this farmland. First though I'd like to acknowledge the Wave church representative for his willingness to meet with staff and neighbors, myself included, to review this most recent plan and for addressing several of the shortcomings of the May submission. Nonetheless, I feel it is important that this submission be reviewed on its own merits, not the extent to which it's better than a previously unacceptable submission. There are three areas I believe are relevant in reviewing the proposed scale of this submission: Previous planning commission recommendations, Seaboard road as a location, and the Princess Anne Transition Area guidelines: 1. Previous Planning Commission Recommendations — even before the Princess Anne transition area guidance was drafted the Planning Commission had reviewed two submissions from the Wave church and each time approved only a very limited scale development: March 1995 - approval was for a sanctuary with seating for 750, classrooms, administrative offices, kitchen and 330 parking spaces and did not approve additional phases which would have grown the sanctuary to seating for 1500, noting that such a scale "may prove intrusive in the rural neighborhood." February 1997 - approval was for construction of the ball fields (athletic fields) and associated parking only. Any further construction on the facility was indefinitely deferred. There is nothing in the church's latest submission to justify approval of such a significantly larger proposal. On the contrary, the amount of proposed open space has actually decreased from the submissions cited above because of the scale of the current plan. 2. Seaboard Road and the surrounding rural community is not an appropriate place for a convention center - in this area of Seaboard Road there are still horses out at pasture, areas of beautiful farmland, and several significant historic structures: • `Jonathan Fentress' House - 2565 Seaboard Road — this is our home. It was constructed in 1794 by Jonathan Fentress. After an extensive restoration in 1997, the Virginia Beach planning commission recognized it for Outstanding Rural Residential Development. CUP Wave Church Page I of 2 • `Robert Mason' House - 2817 Seaboard Road — Originally constructed in 1720 by Robert Mason this house has also undergone some restoration and is recognized in several historic inventories of the area. Seaboard Road is a quiet two lane rural road not appropriate for the location of a convention center. This concern was one of several highlighted in an article in the Virginian Pilot', in which the reporter cites concerns from many neighbors: "To approve much more development without improving that road is asking for trouble," said Jennifer Jeffers, president of the Foxfire Civic League, a neighborhood near the proposed Wave campus. "There's a road and a ditch and no margin for error." There are no plans to expand Seaboard Road in the foreseeable future and Princess Anne Road is specifically designated to remain a two lane rural road in this area. 3. The scale of this proposal does not meet Princess Anne Transition Area guidance The city has gone to significant effort to preserve the rural character of the Princess Anne area and has drafted specific guidance to help maintain the important historic and agricultural roots of the southern part of Virginia Beach. This guidance went through public comment, city council approval, has received widespread support, and should be applied consistently in this proposal. The current proposal includes a 2500 seat convention center, a coffee house and bookstore, offices, a chapel, a youth center, a warehouse, a bus storage area, a bus maintenance facility, an education center with pre-school, after school, and daycare, sports fields, and acres of parking. In addition, the Wave church website indicates there is a possibility for a `Wave Leadership College' at this location in the future.2 This proposal includes more than 80, 000 square feet of indoor space. The old Virginia Beach Convention Center ("The Pavilion") had less exhibit and meeting space and only slightly more parking than just the proposed youth, education, and main hall proposed in this plan and was served by a major highway and infrastructure which Seaboard Road does not have. I appreciate your consideration of my comments and hope that the Virginia Beach Christian Life Center will instead propose a church in keeping with the scale and rural character of the surrounding area. http://home hamptonroads.com/stories/stop,.cfm?story=97373&ran=176715 Z Page 2, http://www.wavechurch.com/Documents/daycolle-ce.Pdf 3 http://www.vbgov.cone/dept/cvd/vbcc/0.1826,8364.00.html CUP Wave Church Page 2 of 2 T© mEMgE&s of TC/E -JI-VNE IA.) Aao6 PLA"'^'/-AJG Ca �JM/SS/un.' .SvB -rCCT i/11/}YF Ct%vRC CpND/T/oaJ�gL USE PERM/v /3�'PGJC,gg'/oIu Frio 13EI- Al 4 ,1 8yrZtiE A7 ae EsPLA,J,joE- CT- vl� 3EMCH VA a3ys6 L13o - o57J ? 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S/STL�T wiry ('�2U AUNT PL/'+NN/.UG /�v THE %RRvS/T/v,u JUN 12 7,006 Mnp Not to Sc�l, yPIC _..Pollo CUP - Church [Modular Structure] •,�'"'4 �Vy J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Kempsville Presbyterian Church — Conditional Use Permit (addition), 805 Kempsville Road (DISTRICT 2 — KEMPSVILLE) MEETING DATE: July 11, 2006 ■ Background: Application of Kempsville Presbyterian Church for a Conditional Use Permit for a church (addition) on property located at 805 Kempsville Road (GPINs 1466650386; 1466652066). DISTRICT 2 — KEMPSVILLE ■ Considerations: The applicant requests a Conditional Use Permit for a church expansion to allow a structure for ancillary church functions and educational programs. This proposal is for the construction of a 13,000 square foot modular building to replace two existing 12 foot by 60 foot modular trailers (approximately 1,440 square feet). The proposed building is similar to the structures utilized by the Virginia Beach Public Schools for additional space at the public schools. This proposed structure would consist of seventeen (17) units connected at the seams to from one single building. The building would house twelve (12) classrooms, seven (7) offices, a library and one large meeting room. The proposed structure will not increase the seating capacity of the church sanctuary. The new building will be used for additional Sunday School classes and meeting spaces for various ministries and a number of community groups. Staff concludes that the replacement of the existing modular units with this larger modular structure is appropriate, as the structure will be located in a rear corner of the site that is not highly visible from the adjoining roadways. The new structure will also result in the improvement of a portion of the property that appears somewhat neglected. An existing mini -warehouse facility is located to the south at this corner of the site, and the western side consists of the rear of multi -family residential condominium units. The modular structure will also be landscaped, and additional requirements may be imposed during detailed site plan review to ensure that the structure is appropriately sited and screened from roadway vista and adjoining properties. The Planning Commission placed this item on the consent agenda because the proposed addition will replace existing trailers, the addition is not intended to increase the capacity of the sanctuary, and there was no opposition. Kempsville Presbyterian Church Page 2 of 3 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: The proposed building location shall be as depicted in the submitted site plan entitled "Physical Survey of Parcel 1, Subdivision of Properties of Kempsville Presbyterian Church and Gemini Builders, Inc. and Parcel B-4, Subdivision of Parcel B Property of Rock Church Virginia Beach, VA for Trustees of Kempsville Presbyterian Church" by WPL and as conditioned below. 2: The building shall be constructed as depicted in the submitted elevations entitled "Elevation" dated 01-20-2006 by Sunshine Manufactured Structures, Inc. 3. A site plan meeting the requirements of the Site Plan Ordinance shall be submitted to the Development Services Center for review and approval prior to any site work or construction work on the modular unit. 4. The existing trailers on the property shall be removed after the new modular unit is constructed and prior to a Certificate of Occupancy being issued for the modular unit. 5. Landscaping shall be installed in accordance with the Site Plan Ordinance. 6. The modular unit shall not be used as an annex to the sanctuary of the church for the purpose of increasing the capacity of the church via audio and video transmission of services to the modular unit. 7. All outdoor lighting shall be shielded to direct light and glare onto the property; said lighting and glare shall be deflected, shaded and focused away from adjoining property. 8. The maximum number of students allowed in the modular unit shall be limited to 260. 9. A Certificate of Occupancy shall be obtained from the Planning Department prior to the modular unit being utilized. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Kempsville Presbyterian Church Page 3 of 3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: � -,m4t KEMPSVILLE PRESBYTERIAN CHURCH Agenda Item 10 June 14, 2006 Public Hearing Staff Planner: Karen Prochilo "'°P Item sville Presb terian Church N.ec N cnI- ,,qj S.IF�A^�I ;twl Ate' 61, Cam ; taR�ls?o/ CUP Church !Modular Suucwrel / Conditional Use Permit for church addition (modular structure for church and home school programs) ADDRESS / DESCRIPTION: Property located at 805 Kempsville Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14666503860000 2 - KEMPSVILLE Total Site - 9.1 Acres 14666520660000 The applicant requests a Conditional Use Permit for a church SUMMARY OF REQUEST expansion to allow a structure for ancillary church functions and educational programs. A Conditional Use Permit for the church was granted on May 14, 1979. A Conditional Use Permit for an expansion to this church was granted March 23, 1993. This proposal is for a 13, 000 square foot modular building to replace two 12 foot by 60 foot trailers (approximately 1440 square feet). The proposed structure will not increase the seating capacity of the church sanctuary. The new building will be used for additional Sunday School classes and meeting spaces for various ministries and a number of community groups. The new building will also provide educational programs through Oaktree Academy, a home school organization which will use classrooms on weekdays from 8:30 AM until 4:00 PM. This is not a traditional school where students attend five days a week. This university model school has elementary age (Grades 1-6) attending on Tuesday & Thursday, and high school age (7-12th grades) attending Monday, Wednesday & Friday. Total student enrollment includes full time & part time students, meaning of those numbers in either elementary or high school, approximately one third of the students attend for one or two classes during a day. The proposed building is similar to the structures utilized by the Virginia Beach Public Schools for additional space. This proposed structure would consist of seventeen (17) units connected at the seams to from one single building. The building would house twelve (12) classrooms, seven (7) offices, a library and one large meeting room. KEMPSVILLE PRESBYTERIAN'CHURCH Agenda Item 10 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Church with a preschool SURROUNDING LAND North: . Across Locke Lane are single-family dwellings / R 7.5 USE AND ZONING: Residential District South: . Commercial site with retail shops and mini -storage facility / B-2 Community Business District East: . Across Kempsville Road is residential building, offices and Kempsville Public Library / Police Precinct / R-10 Residential District, 0-2 Office District and P-1 Preservation District West: . Multi -family dwellings / A-12 Apartment District (Fairfield Gardens) NATURAL RESOURCE AND The site is developed for a church with associated parking. No significant CULTURAL FEATURES: natural resources or cultural features are associated with this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Kempsville Road in the vicinity of this application is classified as a four -lane minor urban arterial. There are currently no CIP projects scheduled for this section of Kempsville Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Kempsville Road 33,552 ADT 14,800 ADT (Level of Existing Land Use — 0 Service "C") ADT 22,800 ADT' (Capacity / Proposed Land Use 3— Level of Service "D") 645 ADT 27,400 ADT' (Level of Service "E" Average Daily Trips z as defined by no use currently s as defined by 260 students daily Based on Public Works Traffic Engineering's review a right turn lane on Kempsville Road would not be warranted if the number of students is 260 or less students. WATER: This site has an existing 1 1/2-inch water meter (Meter 95017752) which may be used or upgraded.. There is a 16-inch water line, 36-inch transmission main and a 24-inch transmission main along Kempsville Road. There is an existing 8-inch water line, 36-inch transmission main and a 24-inch transmission main along Locke Lane. KEMPSVILLE PRESBYTERIAN CHURCH Agenda Item 10 Page 2 SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 417 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing 8-inch gravity line and a 20-inch HRSD force main along Kempsville Road. There is an existing 8-inch gravity line along Locke Lane. STORM WATER MANAGEMENT: There is an increase in impervious area. This will be addressed during site plan review. FIRE: The Fire Department will provide a complete review of the site plan during Development Services Center's (DSC) review process. The submitted site plan appears to lack adequate fire department access to the proposed structure. The travel distance to the closest fire hydrant appears to exceed 400 feet. These issues should be addressed by the applicant prior to submittal of a site plan to DSC. POLICE: To reduce opportunity for burglary, high security locks should be installed on exterior doors. The installation of an alarm system is recommended within the modular structure to help deter burglary of items such as computers, audio-visual equipment and other school related materials. Good security lighting should be installed around the structure. The Comprehensive Plan designates this area as being within COMPREHENSIVE PLAN the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. Developing a mix of compatible uses either within well -designed structures or well -designed tracts of land should also be considered in this area, provided such action contributes to the quality, attractiveness and livability of the neighborhood. EVALUATION AND RECOMMENDATION Staff recommends approval of this request for a church expansion for classrooms with the conditions provided below. This proposal is not an expansion of the sanctuary for new membership; it is to provide additional educational opportunities for home school and ancillary church functions. The home school program meeting times are scheduled outside of regular church hours. There is ample parking on the site to accommodate the educational programs. Students in elementary grades come on different days than students in the upper grade levels, which will reduce the number of daily vehicle trips. The proposed modular structure is a simple utilitarian building with white vinyl siding on the exterior and a flat rubber roof system. The location of the building will be behind the church and the building will be sited to provide easy access for emergency response vehicles. CONDITIONS 1. The proposed building location shall be as depicted in the submitted site plan entitled "Physical Survey of Parcel 1, Subdivision of Properties of Kempsville Presbyterian Church and Gemini Builders, Inc. and Parcel B-4, Subdivision of Parcel B Property of Rock Church Virginia Beach, VA for Trustees of Kempsville Presbyterian Church" by WPL and as conditioned below. 2. The building shall be constructed as depicted in the submitted elevations entitled "Elevation" dated 01- 20-2006 by Sunshine Manufactured Structures, Inc. 3. A site plan meeting the requirements of the Site Plan Ordinance shall be submitted to the Development Services Center for review and approval prior to any site work or construction work on the modular unit. 4. The existing trailers on the property shall be removed after the new modular unit is constructed and prior to a Certificate of Occupancy being issued for the modular unit. 5. Landscaping shall be installed in accordance with the Site Plan Ordinance. 6. The modular unit shall not be used as an annex to the sanctuary of the church for the purpose of increasing the capacity of the church via audio and video transmission of services to the modular unit. 7. All outdoor lighting shall be shielded to direct light and glare onto the property; said lighting and glare shall be deflected, shaded and focused away from adjoining property. 8. The maximum number of students allowed in the modular unit shall be limited to 260. 9. A Certificate of Occupancy shall be obtained from the Planning Department prior to the modular unit being utilized. 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. 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. KEMPSVILLE PRES PROPOSED SITE PLAN L) cc cr E— i�S5-Jwa E— a. o-, 4xx 4 LU w KEMPSVILLE PRE PROPOSED BUILDING KEMPSVILLE PRESB ZONING HISTORY 1 07/01/04 Conditional Rezoning from R-10 to B-2 Withdrawn 2 07/11/95 Conditional Use Permit Communications tower Granted 3 03/23/93 Conditional Use Permit Church Addition Granted 05/14/79 Conditional Use Permit Church Granted 4 11/19/84 Conditional Rezoning from R-5 to 0-1 Granted 5 09/10/84 Conditional Use Permit Mini -warehouse Granted 6 05/10/82 Conditional Rezoning from A-1 to PD-H2 Withdrawn )SURESTATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) See attached list. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) KPC Day School ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Oaktree Academy ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8& 2See next page for footnotes Conditionat Use Permit AMOmficn Page 9 of 10 W cn z 0 EMM4 U DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) WPL civil engineers', Charles Snader, CPA: Bank of Hampton Roads; Sunshine Manufactured Structures, Inc.: 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close worsting relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions is packaW. Stephen W. Ruckel Print Name of i / as t fi Print Name Conditional Use PeffritApplicatim., Page 10 of 10 Revised $J1 A" KEMPSVILLE PRESBYT DISCLOSURE STATEMENT (ADDENDUM) Kempsville Presbyterian Church Church Officers 2006 Elders: 1. Nathan J. Atwood, Senior Pastor 2. Bruce Anderson, Associate Pastor I Neil Ellison, Associate Pastor 4. Robert Swanbeck, Clerk of Session 5. Davy d Bottorff 6. Gary Boystel 7. Hartley F. Dewey 8. Jerry Dye 9. Jerry Kidd 10. Barry Logsdon 11. Ken Millice 12. Jack Newman 13. Walt Soto 14. Ron Strohkorb 15. Earle Woodberry Trustees: 1. Stephen J. Telfevan 2. Francis Truitt 3. Jim Larson Deacons: 1. Brad Wynn, Chair 14. Carol Hepburn 2. Peter Haglich, Vice Chair 15. Jane Hixon 3. Theresa Arrington 16. Mack Homsi 4. John Arroyo 17. Michael Khuri 5. Chris Bateman 18. Paul Krekorian 6. Doug Blue 19. George McGovern 7. Richard Colquitt 20. Clint Mills 8. Dan Cooley 21. Joel Rydel 9. Jon Cushman 22. Donald Self 10. Christian Galloway 23. Priscilla Self 11. Mike Green 24. Ron Stephens 12. Betty Harcourt 25. Joanie Tyson 13. Stan Harwell 26. Don Womack DISCLOSURE STATEMENT (ADDENDUM) At the regularly called meeting of the Session of Kempsville Presbyterian Church, held on February 28, 2006, the eiders unanimously approved a resolution to authorize the Trustees to submit an application for a conditional use permit to be -submitted to the City of Virginia Beach, requesting permission to replace existing modular buildings with a new combined modular structure for educational space. The resolution also allows the Trustees to authorize Stephen Ruckel to act as agent. Respectfully for the Session, Robert Swanbeck. Clerk of Session '-ailed to be a Founta nheod Church - Releasirw the River of Gad' s Spirit Item #10 Kempsville Presbyterian Church Conditional Use Permit 805 Kempsville Road District 2 Kempsville June 14, 2006 CONSENT Janice Anderson: The next item is agenda Item #10. It is Kempsville Presbyterian Church. It is an application for a Conditional Use Permit for an addition to the church property -there at 805 Kemppville Road in the Kempsville District. Welcome sir. Stephen Ruckel: Thank you. Janice Anderson: Your name please? Stephen Ruckel: I'm Pastor Stephen Ruckel of Kempsville Presbyterian Church. Janice Ruckel: Thank you Pastor. This has nine conditions. Have you reviewed those and are they acceptable? Stephen Ruckel: Yes. We have and they are acceptable. Janice Ruckel: Thank you. Is there any opposition to this application? We have Henry Livas, if you could review? Henry Livas: As stated previously, this is a Conditional Use Permit for a 13,000 square foot modular structure church addition. The property is located at 805 Kempsville Road. The new building will be used for additional Sunday School classes, and meeting spaces of various ministries and community groups. The building will house 12 classrooms, 7 offices, library, and one large meeting room. The building will be located behind the church and will replace the two existing 12 foot x 60 foot trailers. This proposal is not an expansion of the sanctuary to accommodate new members. Therefore, there is ample parking on site to support this addition. Therefore, we recommend approval of this request. Janice Anderson: Thank you Mr. Livas. Thank you Pastor. Mr. Chairman, I have a motion for approval of consent agenda item #10. Barry Knight: Thank you. There is a motion on the floor to approve the consent agenda item #10. Do I have a second? A second by Kathy Katsias. Is there any discussion? AYE 11 NAY 0 ABS 0 ABSENT 0 Item # 10 Kempsville Presbyterian Church Page 2 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item #10. --r Not to Scale OB� "" -i L WO Chrzsnan hellowship Church r- C�i I- 04 - for Church in a SI RAC ;C4 ^.-: �yLst j �� Fo-* •Fl, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Christian Fellowship Church — Conditional Use Permit (church), 544 Newtown Road (DISTRICT 2 — KEMPSVILLE) MEETING DATE: July 11, 2006 ■ Background: Application of Christian Fellowship Church for a Conditional Use Permit for a church on property located at 544 Newtown Road (GPIN 1468303340). DISTRICT 2 — KEMPSVILLE ■ Considerations: The applicant requests a Conditional Use Permit for a church in a shopping center. The church will have services on Wednesday from 7:00 PM until 9:00 PM and Sunday at 10:00 AM. The church has a staff of four individuals during the office hours. The church has a present congregation of 150 members. There are various activities for church members everyday of the week. The hours of operation are expected to be from 10:00 AM until 10:00 PM during the week and from 9:00 AM until 10:00 PM on weekends. The church will occupy a portion of the shopping center approved on January 11, 2005 by City Council for a Conditional Use Permit for a self storage facility. The owner of the property has sent a letter dated May 8, 2006 acknowledging that if Christian Fellowship Church is granted the Conditional Use.Permit for a church, the use permit will supercede the Conditional Use Permit for the self storage facility. This application is in conformance with the Comprehensive Plan's recommendations for the Primary Residential Area. The proposal for a church is compatible with the other uses within this approximately 92,000 square feet shopping center, and will not negatively impact neighboring properties. There are a total of 457 parking spaces, which are located in front of and behind the building. Another church, previously approved by the City Council, also has leased space within this shopping center. Sufficient parking is available to accommodate the proposed churches and other tenants of the shopping center. The Planning Commission placed this item on the consent agenda because the proposed use is appropriate for the site, the use is compatible to the surrounding area, and there was no opposition. Christian Fellowship Church Page 2 of 2 ■ 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 must comply all applicable City requirements for building codes, fire safety and suppression for the change of use to a place of assembly prior to the issuance of an Occupancy Permit for this unit. This includes obtaining a Fire Inspection, a Fire Code Permit and a Certificate of Occupancy from the Building Official's Office. 2. The membership of the congregation at this location shall not exceed the number established by the City's Fire Marshall. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmend City Manager: S �- ,S8 &-),t CHRISTIAN FELLOWSHIP CHURCH Agenda Item 24 June 14, 2006 Public Hearing Staff Planner: Karen Prochilo � ■tea • ■ i � � y •' J I REQUEST. Conditional Use Permit for a church in a shopping center. ADDRESS / DESCRIPTION: Property located at 544 Newtown Road, a portion of Suite 162. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14683033400000 2 -- KEMPSVILLE Part of 8.9 acre shopping center 11,600 square feet (proposed area) SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a church in a shopping center. The church will have services on Wednesday from 7:00 PM until 9:00 PM and Sunday at 10:00 AM. The church has a staff of four individuals during the office hours. Currently the church has a present congregation of 150 members. The church has expectations to grow to approximately 300 members. There are various activities for church members everyday of the week. The hours of operation are expected to be from 10:00 AM until 10:00 PM during the week and from 9:00 AM until 10:00 PM on weekends. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Commercial shopping center SURROUNDING LAND North: . Across Baker Road, / B-2 Community Business District and 1-1 USE AND ZONING: Light Industrial District South: . Bus charter business and Newtown Square Complex / 1-2 Heavy Industrial District and A-18 Apartment District CHRISTIAN FELLOWSHIP CHURCH Agenda Item 24 Pagel East: 0 Newtown Square Complex / A-18 Apartment District West: . Drive through restaurants and bank on out parcels along Newtown Road / B-2 Community Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed; however there are no CULTURAL FEATURES: significant environmental features on the property asit is almost entirely imperious. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Newtown Road in the vicinity of this application is a four lane divided minor suburban arterial roadway. The MTP designates this roadway as a divided facility within a 150 feet right-of-way. There are no projects in the current CIP to improve this segment of Newtown Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Newtown Road 40,109 ADT 30,600 ADT (Level of Existing Land Use — Boulevard Service "D") 483 ADT (weekday) 32,800 ADT' (Level of Proposed Land Use 3- Service "E") 102 ADT (weekday) 412 ADT Sunda 'Average Daily Trips (2006) s as defined by shopping center 3as defined by church WATER: This site connects to City water. Suite 162 currently has an existing 1" water meter (meter #95049650) which may need to be upgraded. SEWER: This site currently connects to an 8-inch city sanitary sewer gravity main in Baker Road. Analysis of of the private sanitary sewer collection is required to ensure future flows can be handled. Analysis of Pump Station #344 and the public sanitary sewer collection system is required to ensure future flows can be accommodated. FIRE: Building built in 1985 for a use Group M type 2C construction. The use of this building for a church is Use Group A-3 which will require a new certificate of occupancy. Prior to issuing Conditional Use Permit a fire inspection for a place of assembly will be required of the suite, a fire code permit for a place of assembly obtained and a Certificate of Occupancy issued. Police: Recommendations that high -security locksets be installed on front and rear doors. It is recommended that current lighting in the front parking lot and in the rear of the building be reviewed and if needed additional lighting installed for safety of patrons. SCHOOLS: Not applicable COMPREHENSIVE PLAN The Comprehensive Plan recognizes this area as being within the Primary Residential Area. The Plan's polices acknowledge the need to preserve protect and enhance the overall character, economic value and aesthetic quality of the surrounding neighborhood. These policies also encourage development proposals that fulfill a legitimate public need for compatible neighborhood support uses and activities. Appropriate land use conversions are acceptable on sites that are declining in usefulness and are at risk of becoming blighted. EVALUATION AND RECOMMENDATION This proposal for a church will occupy a portion of a shopping center previously approved by City Council for a Conditional Use Permit for a self storage facility on January 11, 2005. The owner of the property who received the Conditional Use Permit has sent a letter dated May 8, 2006 acknowledging that if Christian Fellowship Church is granted the Conditional Use Permit for a church it will supercede the Conditional Use Permit for the self storage facility. This application is in conformance with the Comprehensive Plan's recommendations for this area. The proposal for a church is compatible with the other uses within this approximately 92,000 square feet shopping center and will not negatively impact neighboring properties. There are a total of 457 parking spaces, which are located in front of and behind the building. Sufficient parking is available to accommodate the proposed churches expectations of 300 members and other tenants of the shopping center. Currently, this shopping center has many vacant units. Another church also has leased space within this shopping center. This church also leases space for a child care center and personal care (hairstyling). Staff recommends approval of this request of a Conditional Use Permit for a church with the recommended conditions provided below. CONDITIONS 1. The applicant must comply all applicable City requirements for building codes, fire safety and suppression for the change of use to a place of assembly prior to the issuance of an Occupancy Permit for this unit. This includes obtaining a Fire Inspection, a Fire Code Permit and a Certificate of Occupancy from the Building Official's Office. 2. The membership of the congregation at this location shall not exceed the number established by the City's Fire Marshall 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. 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. CHRISTIAN PROPOSED SITE PLAN PHOTOGRAPH OF PROPOSED LEASE SPACE CHRISTIAN FELL ZONING HISTORY 1 01/11/05 Conditional Use Permit mini -warehouse storage) Granted 2 06/09/04 Conditional Use Permit child care center Granted 3 05/13/03 Conditional Use Permit church Granted 4 04/22/03 Conditional Use Permit carwash Granted 5 01/27/98 Conditional Use Permit church Granted 6 02/29/96 Conditional Use Permit communications tower Granted 7 04/14/92 Conditional Use Permit indoor recreation Granted 8 02/11/92 Variance Granted 9 01/28/92 Conditional Use Permit (bingo hall Granted 10 01/08/90 Conditional Use Permit auto sales Granted 11 07/11/88 Conditional Use Permit auto repair) Granted w, rs I t ^. U rj eu5 f! L,, 4 - r n N 4 N G A 1 n O t G O N O tl ¢> G p $ oC^ r o = c c o a= C �p= c ctl tltlEQ^� 00 E m ' r ti I c o y C= ro `o c a C zt qtl 0 ccr c 'ams u�c cc* c ..1 "C.. L9 C 4 y C y'd C C p.g q tpA V F ray C m tl Qy r" o d 4 2" CN 4w i ma�cy©oc o m U 4 w¢2a p fv V Rn 9 C 0 0 N N 0 A"E J T i^ E ~ 00 Q0 O L 3 ACV AON� .a� a'+b'4 G049© mZ"mUmw�q �.c tlpm [qf c m� cr 3 og< Q. ! I G C SI 4 C= m C C -�Co mom? Ci G 0a q C E 04''S pp NOUUJITEW 1119Hd HIM IVNOIIIaNO) c ` c� 4 � � s±a a ia2� cc I 2,3 e� z_ 2c s(c >� l `a Qcoo3a a m O QOQ:O !6 C PS>q i .+.. L £ q ' Or O C C QQq Mc'4�L a �q� i o a c.m 3 4"' .....� 'm �,o 21 ^Zt 12 Q Y r C Item #24 Christian Fellowship Church Conditional Use Permit 544 Newtown Road District 2 Kempsville June 14, 2006 CONSENT Janice Anderson: The next item is agenda Item #24, Christian Fellowship Church. It is for a Conditional Use Permit for a church located at 544 Newtown Road, and that is in the Kempsville District. Welcome sir. Edward Thomas: Thank you. My name is Edward Thomas. I'm the Senior Pastor. We have reviewed the requirements and are in complete agreement with them. Thank you. Janice Anderson: There are two conditions. Edward Thomas: Yes. Janice Anderson: Okay. Thank you. Is there any opposition to this application? We will have Henry Livas review this application. Henry Livas: Okay. As previously stated, this is a Conditional Use Permit for a church in a shopping center. The property is located at 544 Newtown Road, in a portion of Suite 162. Currently the church has a congregation of 150 members; however, the church expects to grow to approximately 300 members. Sufficient parking is available to accommodate the expected 300 members since the shopping center has many vacant units. Therefore, we recommend approval of the request along with the condition that the congregation not exceed the number established by the Fire Marshal. Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I have a motion for approval of consent agenda item #24. Barry Knight: Thank you. There is a motion on the floor to approve the consent agenda item #24. Do I have a second? A second by Kathy Katsias. Is there any discussion? ANDERSON BERNAS CRABTREE HENLEY KATSIAS AYE 11 NAY 0 AYE AYE AYE AYE AYE ABS 0 ABSENT 0 Item #24 Christian Fellowship Church Page 2 KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item #24. � •I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Greenbrier Technology Center II Associates, L.L.C. — Conditional Use Permit (public or private college or university), 249 Central Park Avenue (DISTRICT 5 — LYNNHAVEN) MEETING DATE: July 11, 2006 ■ Background: Application of Greenbrier Technology Center II Associates, L.L.C. for a Conditional Use Permit for a public or private college or university on property located at 249 Central Park Avenue (GPIN 1477551028). DISTRICT 5 — LYNNHAVEN ■ Considerations: The applicant requests a Conditional Use Permit to allow a college to utilize the third floor of the existing mixed -use building on the site. The third floor consists of 8,722 usable square feet of floor space. The space will be used by Strayer University (information regarding Strayer University is provided at the end of the staff report). The proposal is consistent with the Comprehensive Plan's recommendations for this area, which call for a full array of "urban services, [with a] detailed human - scale design and a compatible mix of uses." The addition of this educational facility to the Town Center area will complement surrounding existing and future uses, and will enhance the Town Center as a prominent activity center in the city and. region. The Planning Commission placed this item on the consent agenda because it is consistent with the Comprehensive Plan's recommendations for the area, 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. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Greenbrier Technology Center II Associates, L.L.C. Page 2 of 2 Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: � . L" ' GREENBRIER TECHNOLOGY CENTER, II ASSOCIATES Agenda Item 13 June 14, 2006 Public Hearing Staff Planner: Stephen J. White REQUEST: Conditional Use Permit for a college Map E-7 B--3 _ n , ..' B3 µ JWArW AFC. ADDRESS / DESCRIPTION: Property located at 249 Central Park Avenue GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 1477551028 5 -- LYNNHAVEN 41,513 square feet The applicant requests a Conditional Use Permit to allow use SUMMARY OF REQUEST as a college of the third floor of the existing mixed -use building on the site. The third floor consists of 8,722 usable square feet of floor space. The space will be used by Strayer University (information regarding Strayer University is provided at the end of this report). LAND USE AND ZONING INFORMATION EXISTING LAND USE: Restaurant, retail, office SURROUNDING LAND North: . Virginia Beach Boulevard USE AND ZONING: . Retail and restaurants / B-3 Central Business District South: 0 Retail and restaurants / B-3A Pembroke Central Business Core District East: . Restaurant, retail, office / B-3A Pembroke Central Business Core District West: . Office (Virginian -Pilot / Beacon building) / B-3 Central Business District GREENBRIER TECHNOLOGY CENTER II Agenda-Item-13 Page 1 NATURAL RESOURCE AND The site is completely developed and impervious. There are no CULTURAL FEATURES: significant natural resource or cultural features. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP)• Virginia Beach Boulevard in the vicinity if this application is considered an eight -lane, divided major urban arterial. The Master Transportation Plan proposes a divided facility within a 150-foot wide right of way. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238), consisting of a transportation study for the Central Business District surrounding Town Center, is ongoing. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 35,236 ADT 34,940 ADT (Level of Existing Land Use — 95 Boulevard Service "C") ADT 56,240 ADT' (Level of Proposed Land Use 3 - Service "D") 157 ' Average Daily Trips Zas defined by 8,722 sf office 3as defined by 8,722 sf college WATER: This site is already connected to City water and sewer. The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN the Strategic Growth Area 4. Mixed uses offering an efficient use of land resources, full use of urban services, detailed human -scale design and a compatible mix of uses are recommended for this area. For properties within Strategic Growth Area 4, the Plan emphasizes, "...these areas are designated to absorb most of the city's future growth, both residential and non-residential and, as such, are planned for more intensive uses than most other areas of the city. Integrating, not separating, a diverse cluster of land uses result in a compact, yet compatible mix of uses. They include office, retail, service, hotel and where appropriate, residential uses," (page 57, Policy Document). Staff recommends approval of this EVALUATION AND RECOMMENDATION request The proposal is consistent with the Comprehensive Plan's recommendations for this area, which call for a full array of "urban services, [with a] detailed human -scale design and a compatible mix of uses." The addition of this educational facility to the Town Center area will complement surrounding existing and future uses, and will enhance the Town Center as a prominent activity center in the city and region. : to11 Nq s t �l �...�� d' i r r a �,i � A d ID ir tit TI Cat' � ��_�r,, � IN' �r � :`F F.� •_- �.. i i S Town Center. Dr. - e 5. x�K74, (i7 Central Park Ave: a � �� r •tom � j r" a Nlarket =- wY�' x<` l e- r, - t4 �� = � „— ... � t �a �,�' •�}'S �'�.�°` � ,y� � yg �. .1 �3' rYi I� ata SSA. z3 � a ' SITE SURVEY & THIRD FLOOR PLAN i�TivE n,A, E.IE 4751 5679 PILE 20,) E 13,173,005, 7 F-WAY (914TR No 20027203088Ki) r laoo' . D17dT ..1 '. .. N 4PIW.W . 4'10^M 207.31' . •��'� OFF " CIPS 70A0 pp5 CPS NEW Q REFERENCE MERDYW: REFER TO GENERAL NOTE , Vi5 S e A6 MATKX40 �. F�BLOCK ss— 0,3 8 a a WSIR. INSTRUMENT CALNUMBER ' X� • vtNN +r (�. 8y 'SIR!✓wEM �~ FA M E MFMCENF1747,.yta ^: V OPWr1477-bM0670 1 Ft�Cwx� ¢y1X (WNO. 2002123030l04a'O •�. irk X c nY jjQ�Jj "� CIPS O- WOl1 PIN SET W CONCRETE OPF O IRON PIN FWNp IN CONCRETE ow O ORILI. HOLE FgJNO CIPS CIPS SOO'24'OS'E 200.79' CIPF owaebaT T oAL y � lUE AWE — STRAYER UN VERSITY M 1pVi Q911Q JM �LIIRN. PIIIIC AVDIS M0 M1KR Rrv� NAlMA e/�f { N�YNM I.Nd PHOTOGRAPH OF BUILDING ZONING HISTORY Map -E- Gree r TeChnojogV Center 11, Assoc..LLC C s.. CUP Or CWkLw 1 3/9/2004 Rezoning (B-3 Central Business to B3-A Pembroke Central Business Approved Core District 2 3/11/2003 Street Closure Approved 9/24/2002 Conditional Use Permit (multiple -family dwellings 342 units Approved 3 2/8/2000 Rezoning (B-3 Central Business District to B-3A Pembroke Central Approved Business Core District) Street Closure 10-27-78; 12-15-75; 10-14-74; 7-22-74 Approved 4 10/10/2000 Rezoning (B-3 Central Business District to B-3A Pembroke Central Approved Business Core District 5 11/1/1965 Rezoning (Residence Suburban R-S3 to General Commercial C-G1) Approved and a Conditional Use Permit Gasoline Supply Station 6 8/8/1963 Rezoning Residence Suburban R-S3 to Limited Commercial C-L1 Approved 7 5/10/2005 Rezoning (B-3 Central Business District to B-3A Pembroke Central Approved Business Core District 81 6/28/2005 Conditional Use Permit (multiple -family dwellings) Approved INFORMATION ON STRAYER UNIV. Strayer University traces its roots to April 1892, when MDr. S. Irving Strayer founded Strayer's Business College of Baltimore City. The college expanded to Washington, D.C. in 1904. Dr. Strayer recognized that working adults needed the appropriate education to stay current with rapidly changing business requirements at the turn of the century. The school was eventually renamed Strayer College and was licensed to grant bachelor of science degrees in 1969. In 1973, it was accredited as a Senior College of Business by the Accrediting Commission of the Association of Independent Colleges and Schools, and, in 1987, the College was authorized to award master's degrees by the District of Columbia Education Licensure Commission. Strayer College received approval in the fall of 1981 from the State Council of Higher Education for the Commonwealth of Virginia to offer programs at campuses in Virginia. In that same year, Strayer University was granted accreditation by the Middle States Commission on Higher Education. From 1981 through 2001, 16 campuses were opened throughout Virginia, the District of Columbia, and Maryland. In 1996, Strayer College began to offer its first online courses. In 1998, Strayer College received approval to change its name from Strayer College to Strayer University. Since 1998, the University has expanded its physical campus offerings to include North Carolina and Tennessee in 2002, Pennsylvania and South Carolina in 2003, Georgia in 2004, and Florida and Delaware in 2005. • 1892: Began as Strayer Business College in Baltimore • 1969: Licensed to grant Bachelor of Science degree • 1981: Middle States Commission on Higher Education accredits Strayer College • 1987: Authorized to offer master's degrees • 1996: First online classes offered • 1998: University status approved • 2002: Strayer University opens campuses in North Carolina • 2003: Strayer University opens campuses in Pennsylvania and Tennessee • 2004: Strayer University opens campuses in South Carolina and Georgia • 2005: Strayer University opens campuses in Florida and Delaware DISCLOSURE STATEMENT He -C CL 'Cc E CL r= S > ra -g. 37 Aim2. E o o di pf E of PEE -6 ell 91 2� wQ 00 z il 00-0 ogu 8 8 9 y r m yw2t tt. r jz Cc 91 Io 9 Am CC, J9 ri oC. Item # 13 Greenbrier Technology Center II Associates, L.L.C. Conditional Use Permit 249 Central Park Avenue District 5 Lynnhaven June 14, 2006 CONSENT Janice Anderson: The next item is agenda Item #13, Greenbrier Technology Center II Associates, L.L.C. This is for a Conditional Use Permit for private college on property located at 249 Central Park Avenue, Lynnhaven District. Welcome sir. Mike Nuckols: Good afternoon. My name is Mike Nuckols. I represent the applicant. would also like to state that Mr. Jeff Roth who is the Director of Real Estate for Strayer University is here in the audience just in case there are any questions that anyone has. I understand that during your informal session there was a question about the capacity. I would like to address that if I may? Janice Anderson: Yes. Please. Mike Nuckols: It is expected that within 3 to 5 years that the maximum capacity of 50 to 70 individuals, including students and approximately 15 to 20 faculty and staff members. Once that happens that is going to max it out. It is anticipate that it will take 3 to 5 years to get there. Also, the typical hours of the maximum use are between the hours of 6:00 pm and 9:00 pm. Janice Anderson: Thank you. Is there any opposition to this application? Dot Wood will review the application for us. Thank you Mr. Nuckols. Dorothy Wood: Thank you Jan. Greenbrier Technology Center is Strayer University of Washington. We're delighted that will be coming to our Town Center area. They request a Conditional Use Permit to allow the college on the third floor of an existing building in Town Center. It is almost 9,000 usable square feet. It is consistent with the Comprehensive Plan's recommendation for the area, which calls for urban services. As an additional education facility in Town Center, it will compliment the surrounding areas. Strayer University is now working with the Design Review Committee on the sign, and I think they have a final meeting tomorrow. With this, we certainly happy to have them, and we recommend this for approval. Janice Anderson: Thank you Ms. Wood. Mr. Chairman, I have a motion for approval of consent agenda item #13. Item #13 Greenbrier Technology Center H Associates, L.L.C. Page 2 Barry Knight: Thank you. There is a motion on the floor to approve the consent agenda item #13. Do I have a second? A second by Kathy Katsias. Is there any discussion? AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item #13 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Pinewoods, L.L.C. — Change of Zoning District Classification, 524 Laskin Road (DISTRICT 6 — BEACH) MEETING DATE: July 11, 2006 ■ Background: Application of Pinewoods L.L.C. for a Change of Zoning District Classification from A-12 Apartment District to Conditional RT-3 Resort Tourist District on property located at 524 Laskin Road (GPIN 2418921055). DISTRICT 6 — BEACH ■ Considerations: The parking area directly behind the existing Burger King building currently fronting on Laskin Road is zoned A-12 Apartment District. Since this parking lot serves a commercial use but is located in an Apartment zoning district, the parking lot, as well as the drive aisle that connects it to Pinewood Road, is considered nonconforming. The applicant desires to bring the uses on the site into compliance with the Zoning Ordinance. Thus, the nonconforming parking lot and drive aisle must be rezoned to the same zoning district category as the portion of the site where the commercial use is located. In this case, that category is RT-3 Resort Tourist. The requested change of zoning of the parking area and drive aisle to RT-3 will eliminate the nonconforming issue. To ensure that this zoning change does not result in an increase in density beyond what is currently allowed, the applicant has proffered that if the portion of the site being rezoned to RT-3 is ever developed for residential use, the density at which it can develop will be limited to the density allowed by the current A-12 zoning, which would be 12 dwelling units per acre. The Planning Commission placed this item on the consent agenda because the request will eliminate a nonconforming use, Staff recommended approval, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve this request, as proffered. Pinewoods, L.L.C. Page 2 of 2 ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department .0� City Manager:.-��'''L v PINEWOODS, L.L.C. Agenda Item 18 June 14, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Change of Zoning District Classification from A-12 Apartment District to Conditional RT-3 Resort Tourist District Pinewood i��lC�\Ill �. _ �� ><� �►�1 onditional Zoning Change from A-12 to RT-3 ADDRESS / DESCRIPTION: Property located 524 Laskin Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24189210550000 6 - BEACH .387 acre (16,857.72 square feet) The applicant proposes to rezone the existing A-12 Apartment SUMMARY OF REQUEST District property to Conditional RT-3 Resort Tourist District. The request is due to a staff requirement so the applicant may subdivide the property. The site was developed in 1970 as a Carroll's Restaurant. At that time, the front of the site was zoned B-1 Retail Business district, and the rear of the site was zoned R-3 Multi -family district. The R-3 Multi -family district permitted off -site parking for another use subject to a conditional use permit and no fee charged for the parking. There is no evidence of a conditional use permit being granted. However, in the Public Works Engineering file for the site, there is a reference to the use permit requirement and that a use permit request was pending before the City Council. Subsequently the plans were approved. At some point, the drive aisle was extended to Pinewood Road. The parking area directly behind what is now a Burger King is located within the A-12 Apartment District, and is considered nonconforming, as it was allowed at the time of construction. The drive aisle to Pinewood Road however was not permitted. The use of residential or apartment zoned property to access commercial property is prohibited. Any changes to the site require compliance with all the development ordinances in effect at that time. Consequently, the submission of a subdivision plat requires the applicant to bring the site into compliance with the City Zoning Ordinance. The applicant desires to bring this site into compliance. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A Burger King restaurant, associated parking, and access from Pinewood Road. SURROUNDING LAND North: . Pinewood Road USE AND ZONING: . Across Pinewood Road are the Huntwick Condominium and a portion of the Princess Anne Country Club golf course / Conditional A-12 Apartment and R-20 Residential South: . Burger King restaurant / RT-3 Resort Tourist • Laskin Road East: . Pinewood Shops / B-2 Business West: . Vacant property / A-12 Apartment NATURAL RESOURCE AND Approximately half of the site is covered by building and asphalt, with the CULTURAL FEATURES: other half grassed. The site is within the Resource Management Area of the Chesapeake Bay Preservation Area. There are no cultural features associated with the site. AICUZ: The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. The United States Navy has no comments regarding the request. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP)• Laskin Road in front of this application is a major urban arterial roadway. The Master Transportation Plan proposes a three -lane undivided facility within a variable width right of way (minimum of 88 feet). A Capital Improvement Program project is slated for this area (Laskin Road Gateway, CIP No. 2-076). Currently, this project is scheduled to begin construction mid -March of this year. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Laskin Road 30,347 ADT 27,300 ADT' Existing Land Use — 725 ADT Proposed Land Use 3- 725 ADT ' Average Daily Trips 3as defined by the existing 4,000 SF +/- fast food restaurant w/ drive thru as defined by the existing 4,000 SF +/ fast food restaurant w/ drive thru WATER and SEWER: Water and sewer are not affected by the requested rezoning. SCHOOLS: The requested rezoning does not effect School population. The Comprehensive Plan designates this site as being within COMPREHENSIVE PLAN the Oceanfront Resort Area, suitable for resort -oriented uses consistent with the policies of the Comprehensive Plan. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers. The proffers are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. The requested change of zoning will alleviate a nonconforming issue, the rear parking area, and correct an illegal issue, the use of the drive aisle over property currently zoned A-12 Apartment to access the commercial property currently zoned RT-3 Resort Tourist. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: If that portion of the Property depicted and designated as "PROPOSED RT 3, 0.387 AC." On that "REZONING SITE PLAN" dated February 1, 2006, prepared by Pinnacle Group Engineering, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning is ever redeveloped for a multi -family residential use, the density shall be restricted to a maximum calculation of twelve (12) units per acre. PROFFER 2: The minimum setback from Pinewood Road for any structure on that portion of the Property zoned RT-3 shall be fifteen feet (15). STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated February 21, 2006, and found it to be legally sufficient and in acceptable legal form. 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. 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. a Q �Rl EXISTING aI -■MM wmvY N,u0 a rAhla 1. 6/13/95 Rezoning A-12 Apartment to RT-3 Resort Tourist Approved 2. 7/11/88 9/17/90 Rezoning (R-40 Residential to A-12 Apartment) Rezoning R-40 Residential to A-12 Apartment) Denied Approved ZONING HISTORY z w 2 w w OC J Q W a > B L) LL uj jz Q, co 0 c V44-1 2— -0 T2 S 0 c 1� gs Z 7 2 g p 0 8 CL N011,V'JTTddV 9NUIOZ381dN0IJ1QN03 Lu 0 0 4=s.'-u. a ms LU o a_OC El r- 75 e E, 3 Itz IN , oq Uj 's 2 IL > CL > > V Uj S X LU E LL s 0 Q0 aL CL .Attachment - B.K. Services, Ltd. BK Acquisition, Inc. BK Card Company, Inc. Burger King Brands, Inc. Burger King Holdings, Inc. 9 C:' Burger King Interamerica, Inc. Burger King Sweden, Inc. Distron Transportation Systems, Inc. Mid -America Aviation, Inc. Moxiels,, Inc. QZ, Inc. The Melodie Corporation TPC Number Four, Inc. TPC Number Six, Inc. TQW Company DISCLOSURE STATEMENT (ADDENDUM) i Item #18 Pinewoods, L.L.C. Change of Zoning District Classification 524 Laskin Road District 6 Beach June 14, 2006 CONSENT Janice Anderson: Our next item is agenda Item #18, Pinewoods, L.L.C. It is for a Change of Zoning District Classification from A-12 Apartment District to Conditional RT-3 Resort Tourist District on property located at 524 Laskin Road in the Beach District. Mr. Bourdon. Eddie Bourdon: Thank you Ms. Anderson. We appreciate being on the consent agenda on this item, which is a proffered application. Janice Anderson: Thank you. Is there any opposition to this application? We'll ask Al Henley if he could review it for us? Thank you Mr. Bourdon. Eddie Bourdon: Thank you. Al Henley: Yes. Thank you. If I can find my place? Janice Anderson: Caught you off guard? Al Henley: Sorry for the inconvenience. First of all, the staff recommends approval of this request. It is in the AICUZ 70 to 75 decibels. There is no comment on this particular application. The proposal is in conformance with the Comprehensive Plan recommendations for this area. The proposal is compatible with the adjacent residential neighborhood as well as the business area. The requested change of zoning would alleviate a non -conforming use that is now existing, a parking area and will correct a legal issue. The use of the drive aisle over property currently zoned A-12 apartments to access the commercial property, currently zoned RT-3 Resort Tourist is not allowed. For that reason, staff feels, and the Commission feels that this consent should be granted. Janice Anderson: Thank you. Mr. Chairman, I have a motion for approval of consent agenda item #18. Barry Knight: Thank you. There is a motion on the floor to approve the consent agenda item #18. Do I have a second? A second by Kathy Katsias. Is there any discussion? Jay Bernas: Mr. Chairman, I'll have to abstain from Item #18. I'm with the L.L.C. I'm a member of that L.L.C. Item #18 Pinewoods, L.L.C. Page 2 Barry Knight: Thank you Mr. Bernas. Is there any other discussion? AYE 10 NAY 0 ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 1 ABSENT 0 ABS Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved item #18. In Reply Refer To Our File No. DF-6457 TO: Leslie L. Lilley' (�ti FROM: B. Kay Wils CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 28, 2006 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Pinewoods, LLC / 524 Laskin Road The above -referenced conditional zoning application is scheduled to be heard by the City Council on July 11, 2006. 1 have reviewed the subject proffer agreement, dated February 21, 2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/as Enclosure cc: Kathleen Hassen PREPARED BY: 00 SYKES.13OUPDON, INI ARERN & 1M. R.C. BURGER KING CORPORATION, a Florida corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 21st day of February, 2oo6 by and between BURGER KING CORPORATION, a Florida corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor, is the Owner of two (2) contiguous parcels of land located in the Beach District of the City of Virginia Beach, containing a total of 1.45 acres as more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Grantor's Parcel 2A is partly zoned RT-3, Resort Tourist District, and partly zoned A-12 Apartment District, while Grantor's Parcel 1A is zoned A-12 Apartment District; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of a 0.387 acre portion of the Property as described in Exhibit "B", from A-12 Apartment District to Conditional RT-3 Resort Tourist District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 2418-42-1055 (Part of) 1 PREPARED BY. No SYKES. OURi)ON, UN A-14ERN & LLVY. R.C. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the RT-3 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of a portion of the Property being recorded to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or uid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the portion of the Property being rezoned and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. If that portion of the Property depicted and designated as "PROPOSED RT 3, 0.387 AC." on that "REZONING SITE PLAN" dated February 1, 2oo6, prepared by Pinnacle Group Engineering, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning is ever redeveloped for a multi- family residential use, the density shall be restricted to a maximum calculation of twelve (12) units per acre. 2. The minimum setback from Pinewood Road for any structure on the portion of the Property zoned RT-3 shall be fifteen feet (151 The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied 2 by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: M SMS. BOURDON, Gil ANERN & LEW. P.C. 3 PREPARED BY: 010 SYKES. BOUR®ON. M AJ4ERN & LEVY. P.C. WITNESS the following signature and seal: Grantor: BURGER KING CORPORATION, a Florida corporation By: (SEAL) Title: ! c t y'c _; i3 " STATE OF CITY/COUNTY to -wit: The foregoing instrument was acknowledged before me this . 6 day of April, 2006, by aL--i`--i rr2 • t kr" C-- ec?G, , i-x,f— : of Burger King Corporation, a Florida corporation, Grantor. lqofaPublic NCI N '1'R'•rv� A. D. GLAZE My Commission Expires: Mr COMMISSION # DD 291106 EXPIRES: Fabruary 16 2008k °f.hd Bm d. Th. Notary P10. W d, rik . 1i PREPARED BY: SY ES. B®URDON. MU APERN & LEVY. P.C. EXHIBIT "A" PARCEL 1: A tract of land containing 0.72 acres, more or less, situated within the City of Virginia Beach, Virginia, and known, numbered and designated as the Eastern 200 feet of Site 3 on Map of Linkhorn Park, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at page 151, reference being hereby made to said plat, being more particularly described as follows: Beginning at an iron pin set located on the South right-of-way margin of Pinewood Drive, also known as 32nd Street, and 15.00 feet North 07 degrees 15'00" West from the Northwest corner of Eunice N. Collier's property, being part of Site 1A,_ tax parcel number 2418-92- 3165, recorded in Deed Book 2972, page 84o, dated 03/o8/91 on file in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, said point being the True Point of Beginning; thence run South 07 degrees 15'oo" East along the West property line of said Eunice N. Collier's property for a distance of 157.50 feet to an iron pin set; thence run South 82 degrees 45'00" West for a distance of 200.00 feet to an iron pin set; thence run North 07 degrees 15'00" West for a distance of 157.50 feet to an iron pin set on the South right-of-way margin of Pinewood Drive; thence run North 82 degrees 45'0o" East along said South right- of-way margin for a distance of 200.00 feet to a point and back to the True Point of Beginning. Containing 31,500 sq. ft., or 0.72 acres more or less. PARCEL 2: A tract of land containing 0.72 acres, more or less, situated within the City of Virginia Beach, Virginia, and known, numbered and designated as the Eastern 200 feet of Site 2 on Map of Linkhorn Park, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at page 151, reference being hereby made to said plat, being more particularly described as follows: Commencing at an iron pin set located on the South right-of-way margin of Pinewood Drive, also known as 32nd Street, and 15.00 feet North 07 degrees 15'00" West from the Northwest corner of Eunice N. Collier's property, being part of Lot 1A, tax parcel number 2418-92- 3165, recorded in Deed Book 2972, Page 840, dated 03/o8/91, on file in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; thence run South 07 degrees 15'00" East along the West property line of said Eunice N. Collier's property for a distance of 157.50 feet to an iron pin set, said point of being the True Point of Beginning, thence run South 07 degrees 15'0o" East along the West property line of said Eunice N. Collier's property and the West property line of Ervin W. Murden's property, being Site 1, tax parcel number 2418-91-3988, recorded in Deed Book 62, Page 277, dated 03/16/82 on file in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, for a distance of 157.50 feet to an iron pin set on the North right-of-way margin of Laskin Road, also known as 31st Street; thence run South 82 degrees 45'00" West along said North right-of-way margin for a distance of 200.00 feet to an iron pin set; thence run North 07 degrees 15'00" 5 West for a distance of 157.50 feet to an iron pin set; thence run North 82 degrees 45'00" East for a distance of 200.00 feet to a point and back to the True Point of beginning. Containing 31.500 sq. ft. or 0.72 acres or less. GPIN: 2418-92-1055 PREPARED BY: M S'YKES, POURDON. W A14PRN & Lam. P.C. C0 EXHIBIT "B" Beginning at a point on Pinewood Road, then going 45.00 feet on a bearing of N 76017'o6" E to a point, thence 169.13 feet on a bearing of N 13051'37" W to a point, thence 200.00 feet on a bearing of N 76°o8'23" E to a point, thence 47.13 feet on a bearing of N 13051'37" W to a point, thence 19.00 feet on a bearing of N 760W23" E to a point, thence 14.47 feet on a bearing of N 13051'37" W, thence 136.00 feet on a bearing of N 760o8'23" E to a point, thence 107.53 feet on a bearing of N 13051'37" W to a point on Pinewood Road, containing 0.39 acres more or less. Rezoning parcel is further described as a portion of GPIN # 2418-92-1055, and is recorded in the City of Virginia Beach as M.B. 5, page 151. GPIN # 2418-92-1055 Conditional Rezoning\OceanBayHomes/BurgerKing\Proffer PREPARED BY: 0.10 SYKES. BOURDON, 6M AMNI & LEVY. P.C. 7 rn'�"ek h \,.yyd zFyFJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to amend Section 104 of the City Zoning Ordinance to include the imposition of civil penalties for violations pertaining to commercial vehicles and recreational equipment and to include the increase of the amount of civil penalties, and to repeal Section 217 of the City Zoning Ordinance pertaining to civil penalties. MEETING DATE: July 11, 2006 ■ Background: An Ordinance to amend Section 104 of the City Zoning Ordinance to include the imposition of civil penalties for violations pertaining to commercial vehicles and recreational equipment and to include the increase of the amount of civil penalties, and to repeal Section 217 of the City Zoning Ordinance pertaining to civil penalties. ■ Considerations: Currently, only violations of the City's sign regulations are subject to a civil penalty. The amendments to Subsection (b) make violations of Section 203(d) (parking of certain commercial vehicles in residential areas) and Section 205 (parking of major recreational equipment in unauthorized areas) subject to the imposition of civil penalties. Such penalties are in lieu of criminal sanctions. The amendments to Subsection (b) also increase the maximum amount of a civil penalty from $100 to $200 for a first violation and from $250 to $500 for additional violations. Recent changes to the Virginia State Code allow these modifications to penalties to occur. The provisions in Subsections (c), (d) and (e) are taken from Section 217, and thus, that section is repealed. The Planning Commission placed this item on the consent agenda because the amendments will strengthen the ability of the City to impose penalties for violations of the activities noted above and there was no opposition to the amendments. Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this amendment. CITY OF VIRGINIA BEACH — SECTION 104 Page 2 of 2 ■ Attachments: Staff Review Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: bY''� CITY OF VIRGINIA BEACH AMENDMENT TO SECTION 104 AND REPEAL OF SECTION 217 Agenda Item 15 June 14, 2006 Public Hearing REQUEST: An Ordinance to amend Section 104 of the City Zoning Ordinance to include. the imposition of civil penalties for violations pertaining to commercial vehicles and recreational equipment and to include the increase of the amount of civil penalties, and to repeal Section 217 of the City Zoning Ordinance pertaining to civil penalties. SUMMARY OF AMENDMENT Currently, only violations of the City's sign regulations are subject to a civil penalty. The amendments to Subsection (b) make violations of Section 203(d) (parking of certain commercial vehicles in residential areas) and Section 205 (parking of major recreational equipment in unauthorized areas) subject to the imposition of civil penalties. Such penalties are in lieu of criminal sanctions. The amendments to Subsection (b) also increase the maximum amount of a civil penalty from $100 to $200 for a first violation and from $250 to $500 for additional violations. Recent changes to the Virginia State Code allow these modifications to penalties to occur. The provisions in Subsections (c), (d) and (e) are taken from Section 217, and thus, that section is repealed. RECOMMENDATION This proposed amendment to Section 104 and repeal of Section 217 are recommended for approval. The amendments to Section 104 and the repeal of Section 217 will strengthen the ability of the City to impose penalties for violations of the activities noted above, as the imposition of civil penalties is not as complex as attempting to obtain criminal sanctions for those activities. 1 AN ORDINANCE IMPOSING CIVIL PENALTIES FOR 2 VIOLATIONS PERTAINING TO PARKING OF COMERCIAL 3 VEHICLES AND MAJOR RECREATIONAL EQUIPMENT AND 4 INCREASING CIVIL PENALTIES FOR CERTAIN 5 VIOLATIONS OF THE CITY ZONING ORDINANCE 6 7 Section Amended: City Zoning Ordinance §104 8 Section Repealed: City Zoning Ordinance §217 9 10 11 WHEREAS, the public necessity, convenience,- general welfare 12 and good -zoning practice so require; 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That Section 104 of the City Zoning Ordinance is hereby 16 amended and reordained, to read as follows: 17 ARTICLE 1. GENERAL PROVISIONS. 18 Sec. 104. Violations and penalties. 19 (a) Except .as set fer-ter in Seetien 217—ef _t_h4s—e�- — as 20 provided in subsection (b), any person who violates any of the 21 provisions of this ordinance shall, upon conviction thereof, be 22 guilty of a misdemeanor punishable by a fine of not less than ten 23 dollars ($10.00) nor more than one thousand dollars ($1,000.00). If 24 . the violation is uncorrected at the time of the conviction, the 25 court shall order the violator to abate or remedy the violation in 26 compliance with this ordinance, within a time period established by 27 the court. Failure to remove or abate a violation within the 28 specified time period shall constitute a separate misdemeanor 29 offense punishable by a fine of not less than ten dollars ($10.00) 30 nor more than one thousand dollars ($1,000.00) and any such failure 31 during any succeeding ten-day period shall constitute a separate 32 misdemeanor offense for each ten-day period punishable by a fine of 33 not less than one hundred dollars ($100.00) nor more than one 34 thousand five hundred dollars ($1,500.00). 35 (b) Any person who violates any provision of Part B of 36 Article.2 hereof or section 203(d) or 205 shall be assessed a civil 37 penalty in the amount of two hundred dollars ($200.00) for the 38 initial summons and not more than five hundred dollars ($500.00) 39 for each additional summons. The assessment of a civil penalty 40 shall not preclude the institution of a civil action by the zoning 41 administrator pursuant to section 103(a) of this ordinance, but no 42 such violation shall, unless it results in injury to any person, be 43 prosecuted as a criminal misdemeanor. 44 (c) The zoning administrator or his or her designee may issue 45 a civil summons as provided by law for a violation Any person 46 summoned or issued a ticket for a violation may make an appearance 47 in person or in writing by mail to the city treasurer prior to the 48 date fixed for trial in court. Any person so appearing may enter a 49 waiver of trial, admit liability, and pay the civil penalty 50 established for the offense charged. Such persons shall be informed 51 of their right to stand trial and that a signature to an admission 52 of liability will have the same force and effect as a judgment of 53 court. If a person charged with a scheduled violation does not 2 54 elect to enter a waiver of trial and admit liability, the violation 55 shall be tried in the general district court in the same manner and 56 with the same right of appeal as provided by law. In any trial for 57 a violation, it shall be the burden of the zoning administrator or 58 his or her designee to show the liability of the violator by a 59 preponderance of the evidence. An admission of liability or finding 60 of liability shall not be a criminal conviction for any purpose. 61 (d) Each day during which the violation is found to have 62 existed.shall constitute a separate offense However, specified 63 violations arising from the same operative set of facts shall not 64 be charged more frequently than once in any ten-day period, and a 65 series of specified violations arising from the same operative set 66 of facts shall not result in civil penalties which exceed a total 67 of five thousand dollars ($5,000.00). 68 (e) This section shall not apply to (i) activities related to 69 land development; (ii) violations of sections 215 and 216 of this 70 ordinance; (iii) violations relating to the posting of signs on 71 public property or public rights -of -way; or (iv) violations 72 resulting in injury to any person or persons 73 COMMENT 74 Currently, only violations of the City's sign regulations are subject to a civil penalty. The 75 amendments to Subsection (b) make violations of Section 203(d) (parking of certain commercial vehicles 76 in residential areas) and Section 205 (parking of major recreational equipment in unauthorized areas) 77 subject to the imposition of civil penalties. Such penalties are in lieu of criminal sanctions. The 78 amendments to Subsection (b) also increase the maximum amount of a civil penalty from $100 to $200 79 for a first violation and from $250 to $500 for additional violations. 80 81 The provisions in Subsections (c), (d) and (e) are taken from Section 217, which is repealed. 82 3 83 . . . 84 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 85 TO ALL DISTRICTS 86 87 See. 217. Civil Penal ti esr-- [Repealed] 88 (a) Any whe + ts, pei-sen 89 iqla$es eL=eets ei- disiglays 90 • -- - - -0 ) fei- eaeh adelitiena! suFamens. The asse: :I 93 94 95 this ei-dinanee, bUt Re sueh vielatien it shall, unless results j-a 96 , 98 99 100 101 da ell edfelt5a l-1-1r eeut-4-=--Any-p even sue— �enter ra 102 103 104 ef their right te stand trj:aj and that a signatuL-e te an aelfflissien: 105 efraa11}ty will have the same f L-ee--and effeet as a Judgment of 106 107 108 shall be- tried in the genei-al dist=L-ietz eetlLct in the same manaer aj:jd 109 bathes a-ae right t e f appeal as previded by la i. In any trial f1e= 110 a vielatien, it shall be the burden ef the zening er 111 his er herdesigneeto shegoof-the liability=ef themeie1ater by a 112 prependeranee of the-evidenee. An aeLsaissien of liability ems findirng 113 ef-liahiity shall net a-eriminaj eenvietien fems any purpese. 114 (cam- Eaeh--day dts=ing-moo ieh the-vielatien }rfound-te have 115 e�Eisf=ed shall eens-tititera-separate effense Hewe=o�r, speeifi-ed 116 117 be eharged mere frequently than enee in any ten day peEj:ed, and a 118 119 121 122 , 123 nrdiryee-- iii) vielatiens-Eeiating-te the pes4Eiing of Sl --- 124 publie-preperty er pidb3:^ rights of way,. er (i-v) --So ielatie 125 resulfeing in injl:ury-te-any persear-er persears 126 COMMENT 127 This section is repealed and its provisions are incorporated into Subsections (c), (d) and (e) of 128 the amended Section 104. 129 Adopted by the City Council of the City of Virginia Beach, 130 Virginia on this day of , 2006. APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: Plannin Department t A�j torney,s Office 5 CA-9648 OID/ordres/proposed/czo104ord.doc R-5 May 26, 2006 Item # 15 City of Virginia Beach An Ordinance to amend Section 104 of the City Zoning Ordinance to include the imposition of civil penalties for violations pertaining to commercial vehicles and recreational equipment and to include the increase of civil penalties and to repeal Section 217 of the City Zoning Ordinance pertaining to civil penalties June 14, 2006 CONSENT Janice Anderson: The next item is agenda Item #15, the City of Virginia Beach. An Ordinance to amend Section 104 of the City Zoning Code to impose civil penalties for violations pertaining to commercial vehicles and recreational equipment. Welcome Ms. Lasley. Karen Lasley: Thank you. A civil penalty is a tool that we use in zoning enforcement. It is similar to writing a ticket for a speeding violation. Currently the zoning ordinance only lets us issue civil penalties for sign violations. It is not a tool that we use a lot. It is a difficult tool to use. We only use it as a last resort for violators where we can't get voluntary compliance. For example, last year, I think we issued about 16 civil penalties for sign violations. It is not used a lot. But this amendment expands our authority so that we can issue civil penalties for commercial vehicle violations. That's parking a large commercial truck in a residential neighborhood and recreational vehicle violations. That would be boats and RV's that are parked where they are not supposed to be in residential areas. The City asked for the authority to expand our use of civil penalties, and the state legislature agreed. That state law becomes effective July 1, 2006. This amendment allows us to use that new state code regulation. The amendment also increases the amount of the civil penalty. Right now, for a first violation, the maximum that can be charged is a $100.00. This amendment increases that to $200.00. It also increases the amount for subsequent violations from $250.00 to $500.00. Again, it would be used sparingly. We would do an education piece. The last time we did a mail out on where you are allowed to park recreational vehicles was five years ago. So if this gets approved, I'd like to do another education piece. We mailed out notices in water bills. We can put it in the city page. So, we'll strive to educate. We have a notice that we issue people first, a written notice that explains where RV's can be parked. So this would be a good tool for us to have that we would use as a last resort to try to get compliance. Any questions? Janice Anderson: Thank you Ms. Lasley. Karen Lasley: Thank you. Janice Anderson: Is there any opposition to this application? Mr. Chairman, I have a motion for approval of consent agenda item #15. Item #15 City of Virginia Beach Page 2 Barry Knight: Thank you. There is a motion on the floor to approve the consent agenda item #15. Do I have a second? A second by Kathy Katsias. Is there any discussion? AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS - AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item #15. 1 r SQy\A IA BFw..' �`-Ny wvvf CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Amend and Reordain Section 1809 of the City Zoning Ordinance (Appendix A) by allowing certain uses as Principal Uses in Accident Potential Zone 1 where allowed as Conditional Uses in the 1-2 Industrial District. MEETING DATE: July 11, 2006 ■ Background: Ordinance to Amend and Reordain Section 1809 of the City Zoning Ordinance (Appendix A) by allowing certain uses as Principal Uses in Accident Potential Zone 1 where allowed as Conditional Uses in the 1-2 Industrial District. ■ Considerations: The amendments to this section designate the conditional uses that may be allowed as principal (by -right) uses in the portions of the 1-2 Industrial District within Accident Potential Zone 1 if they meet the criteria set forth in Section 1810. Section 1810 prescribes the development standards, such as enhanced landscaping, building design and materials. The amendment parallels the recent amendments to the City Zoning Ordinance providing similar incentives for conditional uses in the B-2, 0-2, and 1-1 District. The Planning Commission placed this item on the consent agenda because the amendment extends the APZ-1 Incentive Program to the 1-2 Industrial District and there was no opposition to the proposal. Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this amendment. ■ Attachments: Staff Review Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmenal/ City Manager: �� CITY OF VIRGINIA BEACH AMENDMENT TO SEC. 1809 Agenda Item 9 June 14, 2006 Public Hearing REQUEST: Ordinance to Amend and Reordain Section 1809 of the City Zoning Ordinance (Appendix A) by allowing certain uses as Principal Uses in Accident Potential Zone 1 where allowed as Conditional Uses in the 1-2 Industrial District. SUMMARY OF AMENDMENT The amendments to this section designate the uses that are allowed as principal (by -right) uses in the portions of the 1-2 Industrial District within Accident Potential Zone 1 if they meet the criteria set forth in Section 1810. Section 1810 prescribes the development standards, such as enhanced landscaping, building design and materials that must be adhered to in order for a use to be allowed without a conditional use permit. All of the uses listed in the amendments to this section are allowed as conditional uses in the underlying 1-2 Industrial District. RECOMMENDATION This proposed amendment is recommended for approval. The amendment parallels the recent amendments to the City Zoning Ordinance providing similar incentives for conditional uses in the 6-2, 0-2, and 1-1 District. When those amendments were proposed, the 1-2 District was inadvertently left out. 1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2 1809 OF THE CITY ZONING 'ORDINANCE (APPENDIX 3 A) BY ALLOWING CERTAIN USES AS PRINCIPAL 4 USES IN ACCIDENT POTENTIAL ZONE 1 WHERE 5 ALLOWED AS CONDITIONAL USES IN THE I-2 6 INDUSTRIAL DISTRICT 7 8 Sections Amended: City Zoning Ordinance 9 Section 1809 10 11 WHEREAS, the public necessity, convenience, general welfare 12 and good zoning practice so require; 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA: 15 That Section 1809 of the City Zoning Ordinance is hereby 16 amended and reordained to read as follows: 17 Sec. 1809. Development incentives and permitted uses in APZ-1. 18 (a) The following uses shall be allowed as principal uses 19 on property in Accident Potential Zone 1 (APZ-1) if all design 20 and other features enumerated in Section 1811 are provided: 21 (1) 0-2 Office District: 22 A. Off-street parking in conjunction with 23 permitted uses in an adjoining business 24 district, where such parking: (i) is limited 25 to the zoning lot contiguous with the 26 business district use for which the parking 27 is provided; and (ii) does not extend more. 28 than two hundred (200) feet into the 0-2 29 District. 30 (2) B-2 Community Business District: 31 A. Automobile repair garages and small engine 32 repair establishments where all repair work 33 is performed within a building; 34 B. Automobile repair establishments dealing 35 exclusively in minor repairs of the type 36 provided at automobile service stations; 37 C. Automobile service stations; 38 D. Boat sales; 39 E. Commercial parking garages and storage 40 garages which include car wash, car rental 41 or car detailing services when wholly 42 enclosed within a parking structure and 43 accessory thereto; 44 F. Commercial indoor recreation facilities; 45 G. Fiber -optics transmission facilities; 46 H. Mini -warehouses; 47 I. Mobile home sales; 48 J. Motor vehicle sales on lots larger than 49 20,000 square feet; 2 50 K. Public utility storage or maintenance 51 installations. 52 (3) I-1 Industrial District: 53 A. Automobile service stations; 54 B. Automobile repair garages; 55 C. Fiber -optics transmission facilities; 56 D. Firewood preparation facilities; 57 E. Mobile home sales. 58 (4) I-2 Industrial District: 59 A. Automobile service stations; 60 B. Fiber -optics transmission facilities; 61 C. Firewood preparation facilities. 62 (b) Nothing in this section shall prohibit the City 63 Council from granting a conditional use permit for any of the 64 uses set forth herein upon proper application therefor. 65 COMMENT 66 The _ amendments to this section set forth the uses that are allowed as principal (by -right) 67 uses in the portions of the I-2 Industrial District within APZ-1 if they meet the criteria set forth in 68 Section 1810. Section 1810 prescribes the development standards, such as enhanced landscaping, 69 building design and materials, that must be adhered to in order for a use to be allowed without a 70 conditional use permit. All of the uses listed in the amendments to this section are allowed as 71, conditional uses in the underlying I-2 Industrial District. 72 73 Adopted by the City Council of the City of Virginia Beach, 74 Virginia on the day of , 2006. 3 APPROVED AS TO CONTENT: Planning Department APPROVED AS TO LEGAL SUFFICIENCY: L_ City Attorneys Office CA-10034 OID\ordres\I-2 incentives ordin.doc R-3 May 16, 2006 0 Item #9 City of Virginia Beach — APZ-1 Incentives Ordinance to Amend and Reordain Section 1809 of the City Zoning Ordinance (Appendix A) by allow certain uses as Principal Uses in Accident Potential Zone 1 where allowed As Conditional Uses in I-2 Industrial District June 14, 2006 CONSENT Janice Anderson: The next item is agenda Item #9, City of Virginia Beach regarding APZ-1 Incentives. This is an Ordinance to Amend and Reordain Section 1809 of the City Zoning Ordinance, and it has an inclusion of what are the principal uses in the Accident Potential Zone 1, and if we could have Bill Macali. Bill Macali: Mr. Chairman and members of the Commission, on March 20, 2006, the City Council passed a number of ordinances, which were comprised of the portion of the City's response to the BRAC Commission decision. One of those ordinances was an ordinance under a certain usage located in the APZ-1, which ordinarily would require Conditional Use Permits, it could be developed without the need to get a Conditional Use Permit, if the use met certain design and related criteria. The zoning districts to which that ordinance applied included the B-2, 0-2 and 0-1. We did not by inadvertence include the I-2 Industrial District. There is a small bit of property in the APZ-1 that is zoned I-2. We simply would like to add the I-2 to those zoning categories so the persons in the I-2 could take advantage of the same incentives that other folks can in the other zoning districts. Janice Anderson: Thank you Mr. Macali. Is there any opposition to this application? Mr. Chairman, I have a motion for approval of consent agenda item #9. Barry Knight: Thank you. There is a motion on the floor to approve the consent agenda item #9. Do I have a second? A second by Kathy Katsias. Is there any discussion? AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Item #9 City of Virginia Beach — APZ-1 Incentives Page 2 Ed Weeden: By a vote of 11-0, the Board has approved item #9. O. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS — New Construction BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD EASTERN VIRGINIA HEALTH SYSTEMS AGENCY INVESTMENT PARTNERSHIP ADVISORY COMMITTEE— PPEA OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS P. UNFINISHED BUSINESS CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE: June 27, 2006 C E S L D C M R C A W I J L A N R H N I PAGE: I E D O A D D E M U L W Z Y N N D 0 E I E S 0 AGENDA E E E A 0 R V D V 0 0 ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D I -A BRIEFING: MUNICIPAL PARKING LOTS: Charles W. Pilot project to close entry after midnight Meyer, Chief Operating Officer II/Ill/I CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y V/V- E F-1 MINUTES — June 6, 2006 APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y G/H-I PUBLIC HEARING LEASE OF CITY -OWNED PROPERTY No speakers a. Commonwealth Support Systems 2 LEASE AGREEMENTS OF CITY -OWNED No speakers PROPERTY— Farmers Market a. Chapman's Flowers, Inc. b. Elsie Creekmore, T/A Creekmore's Place c. Laurie Moser, T/A Reflections of the Heart d. Laurie Moser, T/A Secret Garden e. Country Butcher, Inc. f Michele Shean, T/A Virginia Garden I/J-l.a Ordinances toAMEND/REPEAL the City Code: AMEND Article IVADD §2-15 re Mayoral/City ADOPTED A Y Y N Y Y Y N Y N Y Council/School Boardelections in November 7-3 b AMEND §36-96 re taxicabs operated pursuant ADOPTED 9-0 A Y Y Y Y A Y Y Y Y Y to PAC B S T A I N E D c AMEND §1-12.1 re assessmentof additional ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y court costs forrenovation of the Courthouse CONSENT d AMEND Chapter I re bicycleVother wheeled ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y devices CONSENT e REPEAL §5-5 re control ofdangerous or ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y vicious dogs/AMEND §5-9 re nuisance CONSENT animals f REPEAL §6-116.1 re surfing ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y CONSENT 2-a Ordinances toAMEND City Code'Criteria re Towing: AMEND §§21422/21-425/2I-426/21429 re ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y parkine restrictions CONSENT b ADD §21422.1 rewritten authorization ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y before towing CONSENT c AMEND §21426 re charges fortowing/storage ADOPTED BY 7-3 A Y Y N Y N Y Y Y N Y CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O 1 M B L DATE: June 27, 2006 C E S L D C M R C A W I J L A N R H N I PAGE: 2 E D O A D D E M U L W Z Y N N D O E I E S O AGENDA E E E A O R V D V O O ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D d Police Departmentwrecker list criteria(revised ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y June 6, 2006) CONSENT 3 Ordinance toACCEPT Zodiac Classic Muk 2 ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y inflatable marine vessel to Police Marine Patrol CONSENT Unit 4.a. Ordinances toAUTHORIZE leases with Comm of Va for office space in Judicial Center General Services re housing/ operating adult ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y probation/parole office CONSENT b Commonwealth Support Sstems ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y 5 Ordinance toAUTHORIZE leases at Farmers ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y Market July 1, 2006 thu June 30, 2009: CONSENT a. Chapman's Flowers, Inc. b. Elsie Creekmore, T/A Creekmore's Place c. Laurie Moser, T/A Reflections of the Heart d. Laurie Moser, T/A Secret Garden e. Country Butcher, Inc. f. Michele Shean, T/A Virginia Garden 6.a Ordinances toAUTHORIZE temporary encroachments intoLake Wesley: (DISTRICT 6 -BEACH) Timothy D. Moody intoCroatan Road/ APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y Virginia Dare Dr CONDITIONED b Carl A. Eason'Katherine F. Ripberger to APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y construct/maintain pier CONDITIONED extensioddeck/gazebdboatlift/pilestrip-rap at 528 Kerry Lane. (DISTRICT 6- BEACH Ta Ordinances toAPPROPRIATE/TRANSFER: APPROPRIATE $175,000 to Virginia ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y Aquarium CONSENT b APPROPRIATE $6,812 from Chesapeake Bay ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y Preservation violation chargesto Agriculture's CONSENT wetlands/coastal sand dune restoration c TRANSFER $140,000to Convention and ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y Visitors BureaW$269,000 re increased utility CONSENT costs 8 Ordinance to APPOINT Directors of Parks and ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y RecreationPlanning'Public Works % Viewers CONSENT for closures of City streets K-1 Resolution DIRECTING Planning Commission ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y propose amendments to Compre Plan re CONSENT Redevelopment/Housing Authority (requested by Council Lady McClanan). 2 ResolutionAUTHORIZING/DIRECTING ADOPTED BY 9-0 A Y Y A Y Y Y Y Y Y Y implementation ofHistoric Kempsville Area CONSENT B Master Plan S T A I N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O 1 M B L DATE: June 27, 2006 C E S L D C M R C A W I J L A N R H N I PAGE: 3 E D O A D D E M U L W Z Y N N D O E I E S O AGENDA E E E A O R V D V O O ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D 3 Resolution toAPPOINT Kamala H. Lannetti ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y as Deputy City Attorney/ Marjorie A. Smith as CONSENT Associate City Attorney ADD Resolution re "Midtown" at City View ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y ON Apartment project CONSENT ADD Resolution affirming City's Plan for Compliance ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y ON with BRAC's decision re NAS Oceana CONSENT ADD Ordinance re Compensation for City Council ADOPTED BY 9-1 A Y Y N Y Y Y Y Y Y Y ON Appointees: CONSENT City Manager City Assessor City Attorney City Clerk L-1 CITY CUP re borrow pit at Oceana Boulevard/ NO ACTION Credle Road. (DISTRICT 6- BEACH M-1 BOBBY DANIELSIFAITH FOR APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y DELIVERANCE OUTREACH CENTER CONDITIONED CUP re a church at 649 Newtown Road. BY CONSENT DISTRICT 2- KEMPSVILLE 2 LITTLE NECK SWIM/RACQUET CLUB APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y CUP re addition of 2 tennis courts'parking) at CONDITIONED 864 Little Neck Road. DISTRICT 5- BY CONSENT LYNNHAVEN 3 KAREN A. SPAULDING COP re day care at APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y 2060 Antelope Place. DISTRICT 7- PRINCESS CONDITIONED ANNE BY CONSENT 4 NELIN BROTHERS COZ from R-10/R-20 to APPROVED/AS 10-0 A Y Y Y Y Y Y Y Y Y Y Conditional 0-1 at 2122 General Booth PROFFERED Boulevard DISTRICT 7- PRINCESS ANNE AND SUBJECT TO SITE PLAN REVIEW 5 BEACH DEVELOPMENT GRCOZ from R- APPROVED, AS 10-0 A Y Y Y Y Y Y Y Y Y Y 5D to Conditional B-2 Euclid Road/ Onondaga PROFFERED, Road DISTRICT 2- KEMPSVILLE BY CONSENT 6 RADHAKRISHNA RENUKUNTA/KAVITHI MOTION TO 4-6 A N Y Y Y N Y N N N N VURIMINDI, COZ from AG-1 to Conditional APPROVE LOST R-10 at Chestnut Oak Way resingle-family TO NEGATIVE dwellings. DISTRICT 7- PRINCESS ANNE VOTE 7 ResolutionDIRECTING Planning Commission ADOPTED 7-2 A Y Y Y N Y A Y N Y Y study regulatingbars/nightclubsCUP B S T A I N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L DATE: June 27, 2006 C E S L D C M R C A W I J L A N R H N I PAGE: 4 E D O A D D E M U L W Z Y N N D O E I E S O AGENDA E E E A O R V D V O O ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D N APPOINTMENTS BEACHES AND WATERWAYS RESCHEDULED B Y C O N S E N S U S COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF ZONING APPEALS BUILDING CODE OF APPEALS — New Construction EASTERN VIRGINIA HEALTH SYSTEMS AGENCY INVESTMENTPARTNERSHIP ADVISORY COMMITTEE— PPEA OCEANA LAND USE CONFORMITY COMMITTEEPARKS AND RECREATION COMMISSION SPORTS AUTHORITY OF HAMPTON ROADS ADD MINORITY BUSINESS COUNCIL ON Term: Unexpired thru 05/31/2007 APPOINTED: 10-0 A Y Y Y Y Y Y Y Y Y Y Angelica M. Ceron Term: 2 years APPOINTED: 06/01/2006— 05/31/2008 Michael W. Chinn O/P ABSTRATE OF SENATE PRIMARY ELECTION VOTES— June 13, 2006 TT Q ADJOURNMENT 9:35 PM CITY COUNCIL SESSIONS RESCHEDULED July 4, 2006 ALL SESSIONS CANCELED July 11, 2006 Briefing, Informal and Formal SessiontReorganization of City Council July 18, 2006 Briefing, Informal and Formal Sessions July 19 - August 7, 2006 City Council Vacation August 8, 2006 Resume Regular Schedule