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NOVEMBER 14, 2006 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF. At-Large VICE MA YOR LOUIS R. JONES, Bayside - District 4 WlUIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsvj[/e - District 2 ROBERT M. DYER.. Centervj[/e - District J BARBARA M. HENLEY. Princess Anne - District 7 REBA S. McCLANAN. Rose Hal/- District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WIlSON. At-Large JAMES L. WOOD, Lynnhaven -Districl 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESUE L. UUEY CITY CLERK - RUTH HODGES SMITH, MMC 14 NOVEMBER 2006 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1 :30PM A. TROPICAL STORM ERNESTO STUDY and PRELIMINARY FINDINGS Dean Block, Director- Public Works B. DEBT AS A BUDGET DRIVER David Hansen, Chief - Finance and Technology Patti Phillips, Director- Finance C. BUDGET EXECUTION REPORTS James K. Spore, City Manager A.M. Jacocks, Chief-Police Martha J. Sims, Director-Library David Hansen, Chief - Finance and Technology II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend John Baldwin Rector, Emmanuel Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 7, 2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. COMPLETION OF P ACIFIC AVENUE TRAIL I. CONSENT AGENDA J. RESOLUTION/ORDINANCES 1. Resolution to request the Commonwealth of Virginia Transportation Board (VDOT) to establish a project for the completion of the Pacific Avenue Trail project at South Lake Holly. 2. Ordinance to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) with the Contemporary Art Center of Virginia for the 1215 Magna Carta 2007 historical exhibition. 3. Ordinance to AUTHORIZE the acceptance in fee simple of a dedicated privately owned borrow pit located adjacent to Woodstock Cove known as Woodstock Lake. DISTRICT 2 - KEMPSVILLE 4. Ordinances to ACCEPT and APPROPRIATE: a. $49,370 from the United States Department of Justice to the Police Department's FY 2006-2007 Operating Budget for the purchase of bulletproof vests b. $18,950 from the Fire Department Gift Fund to the Fire Department's FY 2006-2007 Operating Budget for their Centennial Celebration K. PLANNING 1. Application of AlH- TW A ASSOCIATES, L.L.C. for a Modification of the Indian Lakes Land Use Plan at Ferrell Parkway and Indian River Road re gasoline sales. (approved by City Council September 20, 1971) DISTRICT 1- CENTERVILLE RECOMMENDATION: APPROVAL 2. Application of PRINCESS ANNE SHOPPES for a Modification of Proffer No.9 which restricts the type of uses on the site at North Landing Road and George Mason Drive re a veterinarian office. (approved by City Council March 9,2004) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 3. Application of J. D. and RANDI VOGEL for a Modification of Conditions ofa Conditional Use Permit at 2388 - 2400 London Bridge Road re relocation of a commercial recreational/entertainment facility. (approved by City Council November 9, 2004) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 4. Application of ABOUNDING GRACE ASSEMBLY (Pastor Warren E. Singleton) for a Conditional Use Permit for a church at 5105 Princess Anne Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 5. Application of BAYS IDE CHRISTIAN CHURCH for a Conditional Use Permit to allow construction of an additional structure for child care in conjunction with an existing church at 2224 Greenwell Road. DISTRICT 4 - BA YSIDE RECOMMENDATION: APPROVAL 6. Application of ELL MER PROPERTIES, L.L.c. for a Conditional Use Permit re an automotive repair garage and bulk storage yard at 656 Military Highway. DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 7. Application of FRANKLIN GAMBITO and LEONARD C. TUCAY for a Conditional Use Permit re a church and fellowship hall at 5317 Bayside Road. DISTRICT 4 - BA YSIDE RECOMMENDATION: APPROVAL 8. Application of JBA ONE, L.L.C. for a Conditional Use Permit re motor vehicle sales, service and bulk storage at 930 and 940 South Military Highway. DISTRICT 1- CENTERVILLE RECOMMENDATION: APPROVAL 9. Application of ANTHONY & CATHLEEN LINCOLN for a Conditional Use Permit re an outdoor recreational facility (skateboard ramp)at 637 Fort Raleigh Drive. DISTRICT 6- BEACH RECOMMENDATION: APPROV AL 10. Application of LOUISA A VENUE and VIRGINIA BEACH BOULEVARD, INC. for a Conditional Use Permit re a bulk storage yard at Louisa Avenue and Virginia Beach Boulevard. DISTRICT 6 - BEACH RECOMMENDATION: APPROV AL L. APPOINTMENTS BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS (BZA) CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY AND MANAGEMENT TEAM (CSA) COMMUNITY SERVICES BOARD (CSB) EMPLOYEE BENEFITS TASK FORCE HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA) INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE PLANNING COMMISSION RESORT ADVISORY COMMISSION (RAC) WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. Reschedule regular Briefing, Informal and Formal Sessions of City Council for January 2007: Combine the First and Second regular Tuesdays to be held January 9,2007 Regular Third Tuesday Workshop to be held January 16, 2007 January 23 will be the regular Fourth Tuesday Agenda O. ADJOURNMENT ********* 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 IO/07/2006mbsb www.vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:30PM A. TROPICAL STORM ERNESTO STUDY and PRELIMINARY FINDINGS Dean Block, Director- Public Works B. DEBT AS A BUDGET DRIVER David Hansen, Chief - Finance and Technology Patti Phillips, Director- Finance C. BUDGET EXECUTION REPORTS James K. Spore, City Manager A.M. Jacocks, Chief-Police Martha J. Sims, Director-Library David Hansen, Chief - Finance and Technology II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION v. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend John Baldwin Rector, Emmanuel Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 7,2006 G. AGENDA FOR FORMAL SESSION .tsuluttntt 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. H. PUBLIC HEARING 1. COMPLETION OF PACIFIC A VENUE TRAIL PUBLIC HEARING ON A PROPOSED .RESOLUTION TO REQUEST THE COMMON- WEALTH TRANSPORTATION BOARD TO ESTABLISH A PROJECT FOR THE COMPLETION OF THE PACIFIC AVENUE TRAIL PROJECT: THE DEPARTMENT OF MANAGEMENT SERVICES RECOMMENDS THE ADOPTION OF THIS RESOLUTION On Tuesday, November 14th, at 6:00 PM, the Virginia Beach City Council will hold a PUBLIC HEARING in the Council Chamber, second floor of City Hall at 2401 Courthouse Drive, Virginia Beach, Virginia, on a proposed resolution to request the Commonwealth Transportation Board to establish a project for the completion of the Pacific Avenue Trail Project. This resolution is a requirement of the Vir- ginia Department of Transportation's Transportation Enhancement Program. Interested residents of the City of Virginia Beach may appear at the above-mentioned time and place to present tf"l.eir views. Interested residents unable to attend may submit comments via ernail to budlfet@vbe:ov.com Ruth Hodges Smith, MMC City Clerk (2~b_/~ If you are physically disabled or visuaUy impaired and need assistance at this meeting, please call the CITY CLERK'S OFFiCE at 385-4303. Beacon Nov. 5, 2006 16061233 I. CONSENT AGENDA J. RESOLUTION/ORDINANCES 1. Resolution to request the Commonwealth of Virginia Transportation Board (VDOT) to establish a project for the completion of the Pacific A venue Trail project at South Lake Holly. 2. Ordinance to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) with the Contemporary Art Center of Virginia for the 1215 Magna Carta 2007 historical exhibition. 3. Ordinance to AUTHORIZE the acceptance in fee simple of a dedicated privately owned borrow pit located adjacent to Woodstock Cove known as Woodstock Lake. DISTRICT 2 - KEMPSVILLE 4. Ordinances to ACCEPT and APPROPRIATE: a. $49,370 from the United States Department ofJustice to the Police Department's FY 2006-2007 Operating Budget for the purchase of bulletproof vests b. $18,950 from the Fire Department Gift Fund to the Fire Department's FY 2006-2007 Operating Budget for their Centennial Celebration r ~~<\i (}~~~.""~t-; h';l.. .. ,h'\" ('C'--' -- 00 ~"'> (~i~' . .,' =~, \~/~=~-' '1;1 l.;"~:",~----Z.t ,\:.'~~y --.;.~- "" \.. CITY OF VIRGINIA BEACH AGENDA ITEM .) ITEM: A Resolution to Request the Commonwealth Transportation Board to Establish a Project for the Completion of the Pacific Avenue Trail Project MEETING DATE: November 14, 2006 . Background: The Pacific Avenue Trail project consists of a 10-12 foot wide, 1,400 linear foot boardwalk spanning South Lake Holly along the west side of Pacific Avenue between Norfolk Avenue and 5th Street. Initial funding of $793,046 for the project was provided through a grant from the Federal Highway Administration ("FHA") under the Transportation and Community System Preservation Pilot Program. The project is identified in the current Capital Improvement Program as CIP Project #4-058. . Considerations: The current cost estimate prepared by Public Works for the design and construction of this project totals $1,322,261. Therefore, additional funding in the amount of $529,215 is necessary to complete the project. The Department of Parks and Recreation has submitted an application for additional grant funding of $423,372 to complete the project under the Transportation Enhancement Grant Program administered by the Virginia Department of Transportation ("VDOT"). City matching funds in the amount of $105,843 will be required. Due to the requirement for matching funds, the application requires that a resolution be approved by City Council in support of the application. The application deadline was November 1, 2006. The Department of Parks and Recreation has received approval from VDOT to submit the Council resolution after that date. If the resolution is not adopted, the grant application may be withdrawn. . Public Information: The Department of Parks and Recreation held a public information meeting on this project on March 22, 2006. The majority of citizens attending the meeting were in favor of the project. The project has also been endorsed by the Resort Advisory Commission. On October 18, 2006 the project grant application was endorsed by the Hampton Road Metropolitan Planning Organization. A public hearing by City Council is required prior to adoption of this resolution. . Recommendations: Approval. . Attachments: Resolution and Project Map. Recommended Action: Approval ~ Submitting Department/Agency: Department of Parks & Recreatio CityManager~l.~~ 1 2 3 4 5 6 A RESOLUTION TO REQUEST THE COMMONWEALTH TRANSPORTATION BOARD TO ESTABLISH A PROJECT FOR THE COMPLETION OF THE PACIFIC AVENUE TRAIL PROJECT WHEREAS, in accordance with Commonwealth Transportation Board 7 Construction Allocation Procedures, it is necessary that City 8 Council request by resolution that the Virginia Department of 9 Transportation establish a transportation enhancement project in 10 the City of Virginia Beach. 11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the City of Virginia Beach hereby supports an 14 application for grant funds in the amount of $423,372 and requests 15 the Commonwealth Transportation Board to establish a project for 16 the completion of the Pacific Avenue Trail Project. 17 2. That the City of Virginia Beach hereby agrees to provide 18 matching funds of at least twenty percent ($105,843) of the total 19 amount of planning and design, right of way, and construction of 20 this project (which totals $529,215 as submitted to the Virginia 21 Department of Transportation), and that, if the City of Virginia 22 Beach subsequently elects to cancel this proj ect, the City of 23 Virginia Beach hereby agrees to reimburse the Virginia Department 24 of Transportation for the total amount of costs expended by the 25 Virginia Department of Transportation for this project through the 26 date that the Virginia Department of Transportation is notified of 27 such cancellation. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , hj~ (0 t .~L0.. City Attorney's flce CAI0204 V:\applications\citylawprod\cycom32\Wpdocs\DOOl\POOl\O0022895.DOC R-3 November 2, 2006 - .::~ ~ ! ATLANTIC OCEAN SITE PURPOSE: PAaFlC AVENUE TRAIL DATUM: NORTH AMERICAN VERTICAL DATUM 1988 ADJACENT PROPER1Y OWNERS: SEE ATTACHED PlAN VIEW DRAWING WEST SIDE OF PACIFIC AVE. BETWEEN NORFOLK AVE. AND WINSTON SALEM AVE. (W ALI<:W A Y) VICINI1Y MAP SCALE: 1" = 1000' IN: VIRGINIA BEAG! AT: LAKE HOllY OTY OF VIRGINIA BEACH STATE: VIRGINIA APPLICATION BY: C11Y OF VIRGINIA BEACH SHEET 1 OF 3 DATE: 9/5/0& ~~~.~~ ,.....,~,.", ~<:~:?~~;~~~.;:.i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager To Execute a Memorandum of Understanding With the Contemporary Art Center of Virginia for the Magna Carta Exhibition MEETING DATE: November 14,2006 . Background: In observance of the 400th anniversary of the landing of the Jamestown Settlers at Cape Henry and the founding of Jamestown, the City desires to bring one of the four existing exemplars of the 1215 Magna Carta to Virginia Beach. Lincoln Cathedral is the owner of a 1215 Magna Carta exemplar and has expressed an interest in lending Magna Carta and other documents and artifacts for exhibition in Virginia Beach in 2007 ("Exhibit"). The Contemporary Art Center of Virginia ("CACV") has been identified by the City as the choice of venue for the Exhibit and has agreed to host the Exhibit and to coordinate related operational, educational and fundraising activities. . Considerations: In August 2006, the City Council ("Council") adopted an ordinance to increase the Department of Museums' fiscal year 2006/07 operating budget by six hundred and twenty thousand eight hundred and eight dollars ($620,808) for the purpose of providing additional funding for the design and fabrication of the Exhibit and for operational expenses. The August 2006 ordinance adopted by Council also established a capital improvement project identified as "Contemporary Art Center Renovations for Magna Carta 2007" ("CIP #3-039"), and transferred two hundred and twenty-five thousand dollars ($225,000) to CIP #3-039. The funds in CIP #3-039 are to be used to upgrade security and surveillance equipment, to renovate exhibit galleries, to install portals between galleries and public spaces, to improve humidification controls, and to upgrade the ticketing and point-of-sale systems in the CACV (the "Project"). The CACV has agreed to contract with a professional design firm to design and fabricate the Exhibit. The attached Memorandum of Understanding with the CACV addresses funding, upgrades to the CACV building, and the design, fabrication, and installation of the Exhibit. . Public Information: The public will be informed through the normal City Council agenda process. . Recommendations: Adoption of the ordinance . Attachments: Ordinance, Memorandum of Understanding, Summary of Terms Submitting Department/Agency: Department of Museums ;(~ City Manager:~.l ).( .~~ 1 2 3 4 5 6 7 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE CONTEMPORARY ART CENTER OF VIRGINIA FOR THE MAGNA CARTA EXHIBITION WHEREAS, in observance of the 400th anniversary of the 8 landing of the Jamestown Settlers at Cape Henry and the founding 9 of Jamestown, the City desires to bring one of the four existing 10 exemplars of the 1215 Magna Carta, signed by King John, to 11 Virginia Beach for exhibition in 2007; and 12 WHEREAS, Lincoln Cathedral is the owner of a 1215 Magna 13 Carta exemplar and has expressed an interest in lending a Magna 14 Carta exemplar and other documents and artifacts for exhibition 15 in Virginia Beach in 2007 (~Exhibit"); and 16 WHEREAS, the Contemporary Art Center of Virginia (~CACV") 17 has been identified by the City as the choice of venue for the 18 Exhibi t; and 19 WHEREAS, the CACV has agreed to host the Exhibit and to 20 coordinate related operational, educational and fundraising 21 activities; and 22 WHEREAS, in August 2006, the City Council (~Council") 23 adopted an ordinance to increase the Department of Museums' 24 fiscal year 2006/07 operating budget by six hundred and twenty 25 thousand eight hundred and eight dollars ($620,808) for the 26 purpose of providing additional funding for the design and 27 fabrication of the Exhibit and for operational expenses; and 28 WHEREAS, the August 2006 ordinance adopted by Council also 29 established a capital improvement project identified as 30 "Contemporary Art Center Renovations for Magna Carta 2007" ("CIP 31 #3-039"), and transferred two hundred and twenty-five thousand 32 dollars ($225,000) to CIP #3-039; and 33 WHEREAS, the funds in CIP #3-039 are to be used to upgrade 34 securi ty and surveillance equipment, exhibit to renovate 35 galleries, to install portals between galleries and public 36 spaces, to improve humidification controls, and to upgrade the 37 ticketing and point-of-sale systems in the CACV (the "proj ect") ; 38 39 40 and WHEREAS, the CACV has agreed to contract professional design firm to design and fabricate the wi th a exhibit; 41 and 42 WHEREAS, to ensure Virginia Beach as a venue for the 43 Exhibit, the City and CACV wish to enter into a Memorandum of 44 45 46 47 48 49 50 51 Understanding whereby the City will provide funding to the CACV and CACV will facilitate, oversee, and manage all aspects of the fabrication, and installation of the Exhibit and design, upgrades to the CACV building. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: 1. That the attached Memorandum of Understanding regarding the Magna Carta Exhibit is hereby approved; and 2 52 2. That the city Manager is hereby authorized and directed 53 to execute the Memorandum of Understanding on behalf of 54 the City of Virginia Beach. 55 56 Adopted by the Council of the City of Virginia Beach, 57 Virginia on the day of , 2006. Approved as to Content Approved as to Legal Sufficiency: ~ Department of Museums A- 'L.w )"t(.~~ City Attorney's Office CAI0043 X:\PA\GG\Ordres\Magna Carta ORD.doc November 3, 2006 R-3 3 -^.j~.- SUMMARY OF TERMS MEMORANDUM OF UNDERSTANDING WITH THE CONTEMPORARY ART CENTER OF VIRGINIA FOR THE MAGNA CART A EXHIBITION City's Responsibilities: . Give the Contemporary Art Center of Virginia ("CACV") $772,808 from the Department of Museums' FY 2006/07 operating budget ("Funds"). . Give CACV up to $225,000 from CIP #3-039 ("Capital Funds"). . Department of Museums to designate a representative to serve on exhibit team with CACV staff. Contemporary Art Center of Virginia's Responsibilities: . Spend Funds received from City on design, fabrication, and installation of the Magna Carta exhibit ("Exhibit"). . Employ a project manager, and pay his/her salary, for the purpose of raising capital and operational funds through capital campaigns and fundraising appeals. . Spend Capital Funds received from City on design, fabrication, and installation of improvements and upgrades to the CACV building (the "Project"). . Coordinate, oversee and administer construction of the Project. . Reimburse City for Funds by depositing with the City the initial $620,808 of revenue generated from admissions fees, merchandise sales, sponsorships, and exhibit rentals. Any additional monies generated by the Exhibit in excess of $620,808 will be divided equally between the City and CACV. . No obligation to reimburse City for Capital Funds. . Provide City with monthly reports on fundraising activities and progress of design, fabrication, and installation of Exhibit. . Provide a drug-free workplace and not discriminate against any employee or applicant. · Require contractors performing capital improvement on the CACV building to secure and maintain insurance policies, naming City as an additional insured. . Identify all marketing and advertising materials with "Virginia Beach 2007." MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") made and entered into as of this day of , 2006, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("City"), and the CONTEJ\tIPORARY ART CENTER OF VIRGINIA, a nonprofit, noncollecting institution ("CACV'). RECITALS A. In observance of the 400th anniversary of the landing of the Jamestown Settlers at Cape Henry and the founding of Jamestown, the City desires to bring one of the four existing exemplars of the 1215 Magna Carta, signed by King John, to Virginia Beach for exhibition in 2007. B. Lincoln Cathedral ("Lincoln"), located in Lincoln, England, is the owner and custodian of a 1215 Magna Carta exemplar. Lincoln has expressed an interest in lending the exemplar and other documents and artifacts for exhibition in Virginia Beach in 2007 ("Exhibit"). The Exhibit is currently scheduled to open in Virginia Beach in March 2007. C. The Contemporary Art Center of Virginia ("CACV") has been identified by the City as the choice of venue for the Exhibit. The CACV was founded in 1952 to foster awareness, exploration and understanding of significant art and to involve a diverse regional public in the rich and active language of visual art. D. The CACV has agreed to host the Exhibit, to contract with Lincoln for the use of the documents and artifacts, and to coordinate related operational, educational and fundraising activities. The CACV may also borrow additional documents and artifacts from other lending institutions for use in the Exhibit. The CACV has agreed to be liable for all documents and artifacts loaned to CACV for the Exhibit. E. In May 2006, the Virginia Beach City Council ("Council") adopted a fiscal year 2006/07 operating budget for the Department of Museums that included one hundred and fifty two thousand dollars ($152,000) for operational expenses for the Exhibit. F. The Council adopted an ordinance in August 2006 to increase the Department of Museums' fiscal year 2006/07 operating budget by six hundred and twenty thousand eight hundred and eight dollars ($620,808) for the purpose of providing additional funding for design and fabrication of the Exhibit and for operational expenses. G. To ensure that the CACV is capable of hosting an exhibition of historical documents and artifacts, the August 2006 ordinance adopted by Council established a capital improvement project identified as Capital Improvement Program #3-039, "Contemporary Art Center Renovations for Magna Carta 2007" ("CIP #3-039"), and transferred two hundred and twenty-five thousand dollars ($225,000) to CIP #3-039. The funds in CIP #3-039 are to be used to upgrade security and surveillance equipment, to renovate exhibit galleries, to install portals between galleries and public spaces, to improve humidification controls, and to upgrade the ticketing and point-of-sale systems in the CACV (the "Project"). H. The CACV has agreed to contract with a professional design firm experienced in the design, fabrication and installation of museum quality exhibits, and in the care, handling, and display of fragile and environmentally sensitive documents and artifacts. AGREEMENT The parties to this MOU, for and in consideration of the mutual efforts to ensure Virginia Beach as a venue for the Exhibit, agree as follows: Section 1 - Obligations of the City The City shall give CACV seven hundred seventy-two thousand eight hundred and eight dollars ($772,808) from the Department of Museums' FY 2006/07 operating budget (the "Funds"). The Funds shall be expended by CACV as set forth in Section 2 (A) of this MOD. The Funds shall be reimbursed to the City by CACV in accordance with Section 2 (0) of this MOD. The City shall give CACV up to two hundred and twenty-five thousand dollars ($225,000) from CIP #3-039 (the "Capital Funds"), pursuant to Section 2 (B) of this MOD. The Capital Funds shall be expended by CACV as set forth in Section 2 (B) below. The City's Department of Museums shall designate a representative to serve on the exhibit team with the CACV staff and the design firm hired by CACV. Section 2 - Obligations of CACV A. Expenditure of Funds CACV shall apply all Funds received from the City towards design, fabrication and installation of the Exhibit, shipping costs for documents and artifacts, and operational costs directly related to the Exhibit, including, but not limited to, advertising, merchandising, security, ticketing and transportation. CACV shall employ a project manager for the purpose of raising capital and operational funds through capital campaigns and fundraising appeals, and assisting with logistical details in preparation for the Exhibit. The payment of the project manager's salary shall come from the Funds. 2 Any costs for the Exhibit which exceed the seven hundred seventy-two thousand eight hundred and eight dollars ($772,808) authorized by the City shall be the responsibility of the CACY. B. Expenditure of Capital Funds The Capital Funds appropriated in CIP #3-039 shall be used for the design, fabrication, and installation of improvements and upgrades to the Contemporary Art Center of Virginia building. The CACV shall make improvements and upgrades to the following: security and surveillance equipment, gallery renovations, installation of portals between galleries and public spaces, humidity controls, and ticketing/point of sale system. After incurring Project costs, the CACV shall submit requests for payment to the City and the City shall reimburse CACV for Project costs in an amount up to two hundred and twenty-five thousand dollars ($225,000). Requests for payment shall be made by CACV to the Department of Museum on the fifteenth (15th) of each month and shall include copies of invoices from contractors and vendors for services rendered and equipment or materials delivered. Any Project costs which exceed two hundred and twenty-five thousand dollars ($225,000) shall be the responsibility of the CACY. C. Administration of the Proiect The CACV shall coordinate, oversee, and administer construction of the Project and shall construct the Project in accordance with the City of Virginia Beach Building Design Standards. Construction on the Project shall begin no later than November 15, 2006 and shall be completed no later than March 30, 2007, subject to delays for weather, acts of God, shortage of materials, or other matters beyond the control of the CACY. Time is of the essence in this MOU. All capital building plans shall be reviewed and approved by the Director of the Department of Museums, or her designee, and the City's Department of Public Works prior to the commencement of the construction. Construction plans shall comply with all applicable federal, state, and local laws and regulations. The CACV shall obtain all permits and approvals required by federal, state, and local laws. The CACV shall permit the City to enter upon the Project construction site at any time during the term of this MOU to perform any needed inspections of the Project. During the Project construction period, the Executive Director of CACV, or his designee, shall meet periodically with the City's Departments of Museums and Public Works, and the architects and contractors for the Project, to review plans and evaluate progress. The parties shall review the overall conceptual design, general site considerations, and Project budget. D. Reimbursement of Funds and Capital Funds The Funds shall be reimbursed by CACV to the City as follows: 3 After the Exhibit opens in 2007, the CACV shall deposit the initial six hundred and twenty thousand eight hundred and eight dollars ($620,808) of revenue generated from admissions fees, merchandise sales, sponsorships and exhibit rentals to the City Treasurer (under revenue code #416705). Fifty percent (50%) of any additional monies generated by the Exhibit from admissions fees, merchandise sales, sponsorships and exhibit rentals, in excess of the initial six hundred and twenty thousand eight hundred and eight dollars ($620,808) (the "Additional Monies"), shall be deposited by the CACV to the City Treasurer (under revenue code #416705). The CACV shall retain the remaining fifty percent (50%) of the Additional Monies for its own use. CACV shall have no obligation to reimburse the City for Capital Funds. E. Documentation Provided to City CACV shall provide the City with monthly reports on fundraising activities and on the progress of design, fabrication and installation of the Exhibit and the capital improvements. Reports are to be provided by the fifth (5th) day of each month to: Director, Department of Museums 717 General Booth Boulevard Virginia Beach, VA 23451 F. Nondiscrimination/Drug-Free Workplace During the performance of the MOU, CACV agrees as follows: CACV will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of CACV. CACV agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. CACV, in all solicitations or advertisements for employees placed by or on behalf of CACV, will state that CACV is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. CACV will include the foregoing provisions in every subcontract or purchase order of over ten thousand dollars ($10,000), so that the provisions will be binding upon each subcontractor or vendor. During the performance of this MOU, CACV agrees as follows: CACV will provide a drug-free workplace for CACV's employees. 4 CACV will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in CACV's workplace and specifying the actions that will be taken against employees for violations of such prohibition. CACV will state in all solicitations or advertisements for employees placed by or on behalf of CACV that CACV maintains a drug-free workplace. CACV will include the foregoing provisions in every subcontract or purchase order of over ten thousand dollars ($10,000), so that the provisions will be binding upon each subcontractor or vendor. G. Insurance CACV shall require that its contractors performing capital improvements secure and maintain in full force and effect, at all times during the term of this MOD, policies of insurance as may be required by the City's Risk Management Division. All insurance policies required herein shall name the City as an additional insured and shall be issued by companies licensed to conduct the business of insurance in the Commonwealth of Virginia. Each policy shall also contain a provision prohibiting cancellation without thirty (30) days prior written notice to the City. Certificates of insurance shall be delivered to the City promptly after the issuance of the respective policies. H. Marketing All marketing and advertising materials and publications produced and/or distributed by CACV for the Exhibit shall clearly identify the Exhibit as a Virginia Beach 2007 event. Section 3 - Term This MOU shall be effective upon execution and shall remain in effect until July 1,2007, or until such time as the Exhibit has been removed from the CACV, whichever shall occur first. Termination of this MOU shall not effect CACV's obligation to reimburse the City for the Funds, as set forth in Section 2 (0) above. Section 4- Non-Assignment Neither party shall assign its rights and/or obligations under this MOD without the prior written consent of the other party. Section 5 - Applicable Law and Venue This MOD shall be deemed to be a Virginia contract and shall be governed as to all matters, including but not limited to validity, interpretations, obligations, performance, or otherwise, exclusively by the laws of the Commonwealth of Virginia. Any and all suits for any claims and for any and every breach or dispute arising out of this MOD shall be 5 maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. Section 6 - Notice Any documentation, correspondence, or notices required or permitted to be given pursuant to this MOD shall be given by certified mail, postage prepaid, return receipt requested as follows: To the City: Attention: Lynn Clements, Director of Museums City of Virginia Beach 717 General Booth Blvd. Virginia Beach, Virginia 23451 To CACV: Attention: Cameron Kitchin, Executive Director The Contemporary Art Center of Virginia 2200 Parks Avenue Virginia Beach, Virginia 23451 Section 7 - Independent Contractors In performance of this MOD, both the City and CACV will be acting in an individual capacity and not as agents, employees, partners or joint venturers, or associates of one another. The agents and employees of one shall not be construed to be agents or employees of the other. Neither party shall have any liability with respect to any financial obligations incurred by the other party. Section 8- Default In the event that CACV shall for any reason or through any cause be in default of the terms of this MOU, the City may give CACV written notice of such default by certified mail/return receipt requested at the address set forth in paragraph 6 of this MOD. Unless otherwise provided, CACV shall have ten (10) days from the date such notice is mailed in which to cure the default. Upon failure of CACV to cure the default, the City may immediately cancel and terminate this MOU as of the mailing date of the default notice. Upon termination, CACV shall be reimbursed by the City for all funds properly expended for the Project to date. In addition to the remedies set forth herein, CACV shall be subject to all remedies available to the City in law and in equity. Section 9- Hold Harmless-Indemnification It is understood and agreed that CACV hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of CACV, its subcontractors, agents or employees under or in connection with this MOU or the performance or failure to perform any work required by this MOD. CACV agrees to indemnify and hold harmless the City and its agents, volunteers, servants, employees and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation 6 expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this MOD and ( c) the performance of the work by CACV or those for whom CACV is legally liable. Upon written demand by the City, CACV shall assume and defend, at CACV's sole expense, any and all such suits or defense of claims made against the City, its agents, volunteers, servants, employees or officials. Section 10 - Entire Agreement The parties agree that this MOU constitutes the entire agreement of the parties and that there may be no modification of this MOD, except in writing, executed by the authorized representatives of the City and CACY. The terms and provisions of this MOD shall be binding upon and will inure to the benefit of the parties, their respective successors, and assigns. As evidence of their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: CONTEMPORARY ARTS CENTER OF VIRGINIA By: ~C:---~ , Title: &nr~" ~,,~ ~'IPec"t',,~ CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee Approved as to Content: Approved as to Legal Sufficiency: /lVrtU Department of Museums ..-.f ~f,'V~_' City Atto e ' s Office Approved as to Content: Approved as to Content: ~~1Attj~ Public Works ~~ Risk Management 7 .~~ #.....1...00";:,'S7~, rr5'...:F<;~- ~~"b.) p:: '"' :: ".':' ~7.) ~~i~ ~ E~) t \~.:~ .. _..~!J ~:"'-t.~."'~~." J "'\.~o:.:.r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize the acceptance of a dedication of a 24.9 acre privately owned borrow pit known as Woodstock Lake in fee simple located adjacent to Woodstock Cove Park in the City of Virginia Beach MEETING DATE: November 14,2006 . Background: The City has an approved project, Storm Water Quality Enhancements (CIP 7-183) to improve the water quality, water quantity, and drainage improvements for the communities surrounding Woodstock Lake. To implement this project, the City will need to acquire the privately owned borrow pit known as Woodstock Lake. The 24.9 acre body of water is adjacent to the City's Woodstock Cove Park. This storm water project is intended to be constructed in conjunction with an Army Corps of Engineers Environmental Restoration Project for the Elizabeth River. Woodstock Lake is technically not a lake but a tidal cove tributary to the Eastern Branch of the Elizabeth River. Funding for the environmental restoration project construction has not yet been identified in the federal budget, however, funding to complete design for this project has been made available to the Corps by the Commonwealth of Virginia. Design should be completed for Environmental Restoration Project in 2007. This project is being coordinated by the departments of planning and public works and has involved numerous public information meetings with the adjoining communities. . Considerations: Staff had the property appraised in anticipation of having to purchase same, and contacted owners to initiate negotiations. Owners, prior to having offer made to them, indicated they wanted to dedicate the property to the City. . Public Information: Advertisement of City Council Agenda. . Alternatives: Approve the ordinance as presented or deny the ordinance. . Recommendations: Approve the deed of gift. . Attachments: Ordinance and Location Map. Recommended Action: Approval Submitting Department/Agency: Public Workf;Af) CityManag~'t~~~ 1 -f~~71, ~j'~ t:s1 1/"1; (~.....,..~:; .t~ ~ I r ::! ""Iii,/ VI. . II ~ # _' ~rId' r~l..l fi' 2. I · J) t..: .. ~ # . .. ,Iin\\l\ ~... . IIiT' ll!B] I ... .~. oft I I"' ~ II~lII\\ N ~.; ~ T 11rf" 1.:....,[1 ...... .... ..... ~t , i'" i\ \\\\ ~ ~i-dJ.. 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I - -..-. ~ 1 2 3 4 5 6 7 8 AN ORDINANCE TO AUTHORIZE OF A DEDICATION OF A 24.9 OWNED BORROW PIT KNOWN AS IN FEE SIMPLE LOCATED WOODSTOCK COVE PARK IN VIRGINIA BEACH THE ACCEPTANCE ACRE PRIVATELY WOODSTOCK LAKE ADJACENT TO THE CITY OF WHEREAS, on October 7, 1999, Woodstock Lake, LLC, acquired 9 certain property (the ~Property") from W. W. Reasor by deed dated 10 September 22, 1999 and described in Deed Book 4154, at page 0396 as 11 "PARCEL C 24.9 ACRES". 12 WHEREAS, the Property is a 24.9 acre privately owned borrow 13 pit known as Woodstock Lake adjacent to Woodstock Cove Park in the 14 City of Virginia Beach. 15 WHEREAS, the City has need for this property as part of its 16 Storm Water Quality Enhancement Project (CIP 7-183) and 17 18 WHEREAS, Woodstock Lake, LLC, has offered to dedicate the 24.9 19 acres to the City of Virginia Beach 20 WHEREAS, the Department of Public Works has determined that 21 the Property is suitable, inter alia, for storm water management 22 purposes. 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 1. That the City Council authorizes the acceptance of 26 the dedication of the Property by Woodstock Lake, LLC to the City 27 of Virginia Beach by Deed of Gift pursuant to section 15.2-1800, 28 Code of Virginia of 1950, as amended. 29 2 . That the City Manager or his designee is authorized 30 to execute all documents that may be necessary or appropriate in 31 connection with accepting the dedication of the Property, so long 32 as such documents are acceptable to the City Manager and the City 33 Attorney. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia, on the day of 2006. CAI0124 PREPARED: November 6, 2006 R-l V:\applications\citylawprod\cycom32\WpdocS\D002\P001\OO022989.DOC APPROVED AS TO CONTENT ~lS CcYZ4.'StV\. GNATURE PiO. Rcc:/ [~iG1( DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ;ha~ /) ,~ CIfy ATTORNEY I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $49,370 from the United States Department of Justice to the Police Department's FY 2006-07 Operating Budget for the Purchase of Bulletproof Vests MEETING DATE: November 14,2006 . Background: The federal Bulletproof Vest Partnership Program provides partial funding for bulletproof vests purchased by police agencies. This is a unique program designed to provide a critical resource to state and local law enforcement. The U.S. Department of Justice, Office of Justice Programs has awarded the Virginia Beach Police Department $49,370 in grant funds for the purchase of bulletproof vests. . Considerations: These funds will be used to purchase additional replacement vests. The Police Department has a replacement schedule of five years in accordance with the manufacturer's warranty period. These funds will assist the department in meeting that replacement schedule. There is no local match required for this grant. . Public Information: Public information will be provided through the normal Council agenda process. . Recommendations: It is recommended that Council accept and appropriate the grant award of $49,370 to the Police Department's FY 2006-07 Operating Budget for the purchase of bulletproof vests. . Attachments: Ordinance and Grant Award E-mail Recommended Action: Approval Submitting Department/Agency: Police Department~ City ManageQ l. '&s~ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $49,370 2 FROM THE UNITED STATES DEPARTMENT OF JUSTICE 3 TO THE POLICE DEPARTMENT'S FY 2006-07 4 OPERATING BUDGET FOR THE PURCHASE OF 5 BULLETPROOF VESTS 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $49,370 is hereby accepted from the United States 9 Department of Justice and appropriated to the Police Department's 10 FY 2006-07 Operating Budget for the purchase of bulletproof vests, 11 with federal revenue increased accordingly. 12 Requires an affirmative vote by a majority of the members of 13 the Ci ty Council. 14 Adopted by the Council of the City of Virginia Beach, 15 Virginia, on the day of , 2006. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY CI . -, [\ r'db ~ W'v'\Q u... r \ Management Servlces Jr2lrrt-( l K. 4i U^ Ci ty Attorney's O. ice--- CAI0198 V:\applications\citylawprod\cycom32\Wpdocs\D030\POOl\O0022784.DOC R-2 November 1, 2006 FY 2006 BVP Award Announcement Page 1 of 1 Dia M. Hayes Subject: FW: FY 2006 BVP Award Announcement From: Debby Collins On Behalf Of James Spore Sent: Monday, October 23,200611:25 AM To: Susan A. McCulloch SUbject: FW: FY 2006 BVP Award Announcement Debby Collins Executive Assistant V City Manager's Office 2401 Courthouse Drive Virginia Beach, VA 23456 757-385-8198 dcollins@vbaov.com From: BVP [mailto:BVP@usdoj.gov] Sent: Friday, October 20,200610:33 AM Subject: FY 2006 BVP Award Announcement Dear BVP Participant: Congratulations! The Office of Justice Programs' Bureau of Justice Assistance (BJA) is pleased to announce that your application for fiscal year (FY) 2006 Bulletproof Vest Partnership (BVP) funding has been approved. The complete list of FY 2006 awards may be viewed online at http://www.oip.usdoi.aov/bvpbasi/ Your 2006 Regular BVP award may be used for any vest ordered on or after April 1 ,2006. The vest must meet National Institute of Justice (NIJ) standards, on the date ordered. These FY 2006 funds must be applied toward purchases. and all receipts submitted, on or before September 30, 2010. Please call us at any time at 1-877-758-3787 if you have questions or need assistance requesting payment through the online BVP system. You may also reach us via e-mail at vests@oiD.aov. Sincerely, Bureau of Justice Assistance Office of Justice Programs U.S. Department of Justice Please do not reply to this e-mail. Mail is not monitored at this address. 10/26/2006 ^ .. .,11" NI~ VI, ~JT"I!7"!'2Ia)Ilt)I",lvIMI~I'l;ICllI!"lIR'~lvINI!,:I~I~ ,... 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I . . . . . . . .{!!., . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $18,950 from the Fire Department Gift Fund to the Fire Department's FY 2006-07 Operating Budget for the Fire Department Centennial Celebration MEETING DATE: November 14, 2006 . Background: On November 4, 2006, the Virginia Beach Fire Department (VBFD) held a celebration to acknowledge one hundred years of providing fire and life-safety services to the citizens and visitors of Virginia Beach. The VBFD has received numerous donations from members, citizens and businesses to financially support this historic event and provide a safe, enjoyable venue. . Considerations: Although an extensive amount of manpower was donated by our members to guarantee the success of this event, there were many expenses incurred to ensure public health and safety, meet all City Special Events requirements, provide fire and life-safety literature, conduct live demonstrations, and advertise the celebration. The VBFD received $18,950 of donations for the VBFD Centennial Celebration. . Public Information: Public information will be handled through the normal Council agenda process. . Recommendations: Accept and appropriate $18,950 of donations from the Fire Department Gift Fund to support the VBFD Centennial Celebration. . Attachments: Ordinance Recommended Action: Appropriate the requested funds Submitting Department/Agency: Fire Department ~ City Manager:~ k. ~~ 1 2 3 4 5 6 7 AN ORDINANCE TO ACCEPT AND APPROPRIATE $18,950 FROM THE FIRE DEPARTMENT GIFT FUND TO THE FIRE DEPARTMENT'S FY 2006-07 OPERATING BUDGET FOR THE FIRE DEPARTMENT CENTENNIAL CELEBRATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That $18,950 in additional gift fund revenue is hereby 10 accepted and appropriated to the Fire Department's FY 2006-07 11 Operating Budget to support the Fire Department Centennial 12 Celebration, with gift fund revenue increased accordingly. 13 Adopted by the Council of the City of Virginia Beach, 14 Virginia on the day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B~\l,~ Management Services i JdInr; ?K.,~u^- City Attorney's fflce CAI0203 V:\applications\citylawprod\cycom32\Wpdocs\D031\P001\O0022854.DOC R-3 November 1, 2006 K. PLANNING 1. Application of AIH- TW A ASSOCIATES, L.L.c. for a Modification of the Indian Lakes Land Use Plan at Ferrell Parkway and Indian River Road re gasoline sales. (approved by City Council September 20, 1971) DISTRICT 1 - CENTERVILLE RECOMMENDATION: APPROVAL 2. Application of PRINCESS ANNE SHOPPES for a Modification of Proffer No.9 which restricts the type of uses on the site at North Landing Road and George Mason Drive re a veterinarian office. (approved by City Council March 9,2004) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROV AL 3. Application of J. D. and RANDI VOGEL for a Modification of Conditions of a Conditional Use Permit at 2388 - 2400 London Bridge Road re relocation of a commercial recreational/entertainment facility. (approved by City Council November 9,2004) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 4. 5. Application of ABOUNDING GRACE ASSEMBLY (Pastor Warren E. Singleton) for a Conditional Use Permit for a church at 5105 Princess Anne Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 6. Application of BAYS IDE CHRISTIAN CHURCH for a Conditional Use Permit to allow construction of an additional structure for child care in conjunction with an existing church at 2224 Greenwell Road. DISTRICT 4 - BA YSIDE RECOMMENDATION: APPROVAL 7. Application of ELL MER PROPERTIES, L.L.C. for a Conditional Use Permit re an automotive repair garage and bulk storage yard at 656 Military Highway. DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROV AL 8. Application of FRANKLIN GAMBITO and LEONARD C. TUCA Y for a Conditional Use Permit re a church and fellowship hall at 5317 Bayside Road. DISTRICT 4 - BA YSIDE RECOMMENDATION: APPROV AL 9. Application of JBA ONE, L.L.C. for a Conditional Use Permit re motor vehicle sales, service and bulk storage at 930 and 940 South Military Highway. DISTRICT 1 - CENTERVILLE RECOMMENDATION: APPROV AL 10. Application of ANTHONY LINCOLN & CATHLEEN LINCOLN for a Conditional Use Permit re an outdoor recreational facility (skateboard ramp)at 637 Fort Raleigh Drive. DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 11. Application of LOUISA AVENUE and VIRGINIA BEACH BOULEVARD, INC. for a Conditional Use Permit re a bulk storage yard at Louisa Avenue and Virginia Beach Boulevard. DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesdav. November :14. 2006. at 6:00 ~ The following applications will be heard: DISTRICT 7 - PRINCESS ANNE Princess Anne Shoppes Application: Modification of Conditions at North Landing Road and George Mason Drive (GPIN 1494811533). J. D. Vogel and Randi Vogel Application: Modifica- tion of Conditions at 2338 - 2400 London Bridge Road (GPIN 2405900693). DISTRICT 4 - BAYSIDE . Franklin Gambito & Leonard C. Tucay Application: Conditional Use Permit for a church and fellowship hall at 5317 Bayside Road (GPIN 1469523636). Bayside Christian Church Application: Conditional Use Permit for child care in conjunction with a church at 2224 Greenwell Road (GPIN 1479678710). DISTRICT 6 - BEACH Louisa Avenue and Virginia Beach Boulevard, Inc. Application: Conditional Use Permit for a bulk stor- age yard at Louisa Avenue and Virginia Beach Boule- vard (GPINs 2407858843; 2407858917). Anthony Lincoln & Cathleen Lincoln Application: Conditional Use Permit for a recreational facility of an outdoor nature (skateboard ramp) at 637 Fort Raleigh Drive (GPIN 2426185142). DISTRICT 1 - CENTERVllLE JBA One, L.L.C. Application: Conditional Use Permit for motor vehicle sales, service and bulk storage at 930 and 940 South Military Highway (GPINs 1456134602; -4880). AjA-TWA Associates, L.L.C. Application: Modifica- tion of the Indian Lakes Land Use Plan to permit gasoline sales at Ferrell Parkway and Indian River Road (GPIN 1465575095 - part of). The Compre- hensive Plan designates this site as being part of the Primary Residential Area, suitable for appropri- ately located suburban residential and non-residen- tial uses consistent with the policies of the Compre- hensive Plan. The purpose of this zoning change is to develop the site with fuel sales and a conve- nience store. DISTRICT 2 - KEMPSVILLE Abounding Grace Assembly (Pastor Warren E. Single- ton) Application: Conditional Use Permit for a church at 5105 Princess Anne Road (GPIN 1466880452). Ellmer Properties, L.L.C. Application: Conditional Use Permit for an automotive repair garage and bulk storage yard at 656 Military Highway (GPIN 1456376863). All interested citizens are invited to attend. a.~1( /~ 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 httD:/ /www.vb~ov.com/deDt/Dlannim!/boards/pc/. For information call 385-4621. If you are physically disab;ed or vislllally impaired and need assistance at this meeting, please call the CiTY CLERK'S OFAClE at 385-4303. ITHf #3713 '~E~~f~: ~:~:~3~~!:~r;;;~~~j~'i;~~: ;r~~~:tg;~,~~~:~,~f~:: l:q~:~;f~~;:;i~:i~~;.:~,~;:~: ~ :.' ~~~;~~:::r~~:F~~~;a~~:~gf~r~n~~ ~~~~~HU~r ~~~~~ 9f.~~~:~ f~E;t~f"; i E~ 1 ~f~~~:i rii~ t;i;;~~~';~~~!;~;;rty "line. S~rjd ;:-1"'0'0'2,...tV cG~lt~rh;~; G9,:1'>acr\:~s C0~~C 014 otc.SS..' Plat.s .~rith [:OY\; d~-~t(1";lr-<~ '1:-1- fO\'lF~.:t';j~rf cn"'~ ~~~t~i"i~b1c in t~y~ rv}'r'ri~r.J o-F ':-hn ~"'~~r~!~"'~l'r;'ij-It (j~I' C-j"tv p-I'~rp"'''i;l,):"J .{t~(.~"p...;...",lt~ '..... l_ .~._... 1_. II,........... ~.4..... "'~',". ......... ... "..../ 1...I.H '~.'C '..,....{t.....~....' Cotncr....f!,cr.cc;a 1 e and Be 11 nJ~Y ;';I:ln:)~'" r\;-ezis)O' ~(Ei~;':SV I L.LE t;OECUGH. rh~= PltJllrlng Comr;riss1cn 1<tecc-1:;:!";(!nds apPf"ovcl of t~)'is PUD ~.pplicHt'!en sub,:icct to r4'iqht of \'iG.y r'cqf.ri1'\er;:2nts r'c.questr:::J by thG n:~;.ll Estate Divisic:l ,~ a 110 ft. \"ight c:f \",'ay ded'i c~t~j on fo;~ Indi 2.n R"i vel" 1:i)!2d R2'f ccatc:d., cs slic','a1 O~1 trle nast-:.n" Tran~r.::Dr't.:..:i;'i Oil pOl nn ado:Jted bVCi4~Y CCi1~)ci 1 ('0/14/1"1).. l\1 so 2.:;ecuatc; {"'j c{}Mi; of V:0.V con:1(:cti ens -j ntc' lk:l1 ,:my ~lan()r"~' i\cr'euril e and (~n~' un d;::;'{e 1 o;)ed c0nt'~ ~~;uous pr~:';pGl..t"i e~;.' If d(~V'21 o;.)::;Srlt extends e.1ong ex'isting !nd'~an Rive~" Rf)~ld~ a,ckt1t'io;v~1 i"'''i~.!ht of vr::.y d2dic~t~il,)n \1111 be: l"e'ltril~C(L i'1.PTf('Ova"f \'!~.~.s ftH"ther' 5ubSec"t: to C.!ty '-IatGT' and S8?dCi"'" G=.S r"(:;quir'cd by '1.::10 ., ~ 1 .' r', ~ ~ ~ . t ,,"i .! 4 $ , ~ . .. . . I I I ,... 'r \" /;;.. " hS-~ l:~1,~:Gp::11-f.r::2nt..... .\PP:'~,va, ,;'!as cc;nc:~~err~,upon t:t~. conu~.c~ton,4CJ~:t'('...i;lCve~$ y) lllli'I~:,il . lakes !J t D.nn~~d Dav(lj O!}m~~ir:..~ no'C t)':~ ~8r'1~n t:cc:d t}n--ough t.ne eJdJ :lCc.rc E~ 1 i ~:.:r~iY r ;anc!.~ Zti'''l2J. G.nd th2i: only t~.'.!O str.(;~t ccnne:cti ons (L~~n9$tcn f{,oad z.nd Bonn2yda'1 e }:c::.::d) b2 p2Y';'irI t-ccd ~~~~;l ~{~~t t~c::~~~;~.~f.,~i"~f ~m,;:~~r~C~~~~') iD~:;~(:~ \/i~.~;~~$ ~?l~9d~V~ :f~:;~,~~:tc a~ i~\,!~ ;T?~~~ dcvclope;"s pi\i"t'ic'iratior. in school s'ite acquisHic'?1 rOf c sccoi1d(1,I"'Y sC;lQo1 sHe. A s2tisf,~ctop'y hC.:~1eo~"lne}"s e::Jr0\.~F;ei1t" -is r-:;;qt.di""sd r:r'ioz" to (lP:)1~czd~'1(~n fc~r- builr..n;;.g p2'f'"ii:.~ 1.:.. ~r. Douglas Talbot appeared on behalf of the applicant. ~r. M. Mi Gregory, Jr., representing Tallwood Civic League appeared in opposition to the above application. Mr. Walter Munden, representing Bellamy Manor Civic League, appeared in opposition to the tie-in of streets in the Ballamy Manor Area to the proposed PUD development. Mr. Bruce Challen, representing Acredale Civic League, appeared in favor of the above application with the understanding that no access roads from adjacent developments be made until such time as the Indian Lakes Planned Development is complete and those roads not be made accessible unless determinl absolutely necessary. Mrs. Rhodes appeared in opposition to any tie-in of roads in adjacent develop- ments to the proposed PUD Development. Mr. A. L. Richard appeared in favor of the above application. On motion by Councilman Ferrell, seconded.by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., George R. Ferrell, Clarence A. Yolland, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, and D. Murray Malbon. Absent: None September 20, 1971 - . :.~- -~. ";',": .; .~~. t-..._ Ci t ~Y' C cun.ei: a-P?l~o\.- cd t}le. [i.b eve 2. FP 1 ica t i cln of 1\~j_]. =- i a:il Con~.;.or:: ..}Y A.\ fOT c~ Change 6f Zoning from Residence Suburban District 3 (R-cS 3) to P12n::ed Unit Develop!:~ent District ~~...D) or.. certainpropertr- located on the North ~~:(~8 or Indian River Road) (BDnn~y:~ Corner-Acredale and Bellamy ~1anoT Areas)~em'~1rill. Borough. Approval of th;sapplicaticn is subject to a maximum of 3,210 units, right of way requirements-req~ested by the Real Estate Division--110 ft. right of way dedication for Indian River Road Relocated, as shown on the Master Transportation Plan adopted by City Council (6/14/71); also adequate right of way connections into Bellamy Manor, Acredale and any undevGloped contiguous properties. If development extends along existing Indian River Road, addition; right of way dedication will be required. Approval is further subject to City water and sewer as required by the Health Department. Approval is ccn- ~ingent upon the condition that access to Indian Lakes Planned Development lot be permitted through adjacent Bella~y Manor area, except for those streets indicated on the Bellamy Manor-Acredale Map, unless such tie-in~ are deemed necessary at some future date. Approval is subjec~ to a dedication of a secondary school site 1Vithout cost to the city, in accordance with the appli.. cant's agreement with the Schciol Board which initiates a program of lease to the City, against purchase price of school building on the site o1Vned by the City. A satisfactory homeowners agreement is required prior to application for building permit. I'l'Ef'J # 3714 !\-t):~i1ic,::~t']on of Alfo.td N.. t"-~son f()l"' c.. CtV:.~'H.~-? of Zordn~ fr"om R(~~~idGrC2 D~Ip'Jex D'~sti~'Ict "f (i~~.D 1) t.~ Geflcl'al Indu$ty'ial Dj$.i;dcrI-.(;T-r3")"-on.certa.j~ pi'opel:ty bcg'in!~inq a~ ~ . .po'int [;.60 feet mor~e OJ''' 'less Uest of South Gr..i!TI Jivenue) t1unn11"19 a d"l stance OT 60.1 f rr~i?~'l: aloiiQ ti-;E': north s"ide"of Bonne.v' Road~. runrd nq a di st~nce of 9-f 1 )':,s:ct Et.1 on:] th.e ~~estr;i"'n .- 1" .. j" ...~. r'" ')-"'" ; 1 .l.' ~i l~"h;"),r' n........"j....l..\, "1"\')'" ,,_..~ prcpe}...ty. 1ne ~ i'Ul'Hril1g a G'is'~anCG- (tr !..l.! TeG'C a tonq cne .to C:'I~ ':1 :. l U;J-~~' !.-j. ~ I:.;';: G'l:: . ~ l"'unn'lng a dista.nce of 1211 f'~ct f:HJl'e oi"'le.ss along the Eastern ptopr-:rty J1nc~. (Ih(~!-;;~. CreeK r S,..-j d pl"Op0rty corrcains 2.26 acres. (The: 1 i a v.;n as'? i;r.:;,,). KEt.1PSV ILL:: n~:n:.:::Y The Plo.nrdnq Ccr;;:Tdssion recorrt;1ends denictl of this request bec~lu5e of strong cppos.j~. t"ioi1. ;:~d~jo.iniilg pj"'OP(~;"ty O~~1el"S felt thi.s t.yr-re of intrvs"!on k!ould b~ det~"'lm'2n-(.al to the sut~roundillg area. Mr. William F, Burnside, Jr., ~ttorney, ~ppeared on behalf of the applicant. Mr. R. L. Naujoks, representing the Thalia Civic League, appeared in oppositiol to the above application. Mrs. Alice Daughtery appeared in opposition to the above application. On m6tion by Councilman Ferrell, seconded by Councilman Dusch, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cronn~ell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: None Ci ty Council denied the above appl ica tion of Alford ~:L !vlason for a ChangLQJ Zoning. from Residence Duplex District 1 (R-D 1) to General Industrial District: 3 (M-I 3} on certain property beginning at a point 460 feet more or less West of South GWTI Avenue, (Thalia Village Area) R:empsville Borough. City Council denied this application as it was felt that this type of zoning would be ietrimental to the surrounding area. ITEl.! 113715 !~1!1~i!!~j;:[i~!ii~~~;~~~:~;:~!~1!1:f;!~~!j~!~ij;~!~!~~~i1i:ii~!~:;!!;!~~!~~;~ CoOt er:et;tar'y School f.',rc3). BAYSI DC: tOr~OUGH. T};~ Pla:1:11ng Cc::;::.~~'issic:1 rE.cO~'~i:.-';;:TI(!s ,:..r~:_:T~oval of this re\.:!..:~.~st~ September 20, 1971 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of A1H-TWA Associates, L.L.C. for a Modification of the Indian Lakes Land Use Plan to permit gasoline sales with a convenience store (Wawa) on property located on the south side of Ferrell Parkway, 800 feet east of Indian River Road. DISTRICT 1 - CENTERVILLE MEETING DATE: November 14, 2006 . Background: Application of A1H-TWA Associates, L.L.C. for a Modification of the Indian Lakes Land Use Plan to permit gasoline sales on property located on the south side of Ferrell Parkway and 800 feet east of Indian River Road (GPIN 1465575095- part of). DISTRICT 1 - CENTERVILLE . Considerations: The applicant proposes to modify the Indian Lakes Land Use Plan to allow the construction of a Wawa convenience store with fuel pumps on property currently designated by the land use plan for office and retail. The subject site will be part of the development of the larger site as a shopping center, which is allowed by- right under the Indian Lakes Land Use Plan. The proposal depicts a 6,400 square foot convenience store and eight (8) fueling stations with a canopy structure. The structures are oriented perpendicular to Ferrell Parkway for a more functional access. The site will be accessed at two locations. The first location will be through a cross-access easement across adjacent properties to the east, providing access to an existing signalized intersection on Ferrell Parkway. The second location will be through a proposed entrance on Indian River Road to be constructed as part of the development of the shopping center. The Indian Lakes Land Use Plan currently designates this site for retail and office uses and the site to the east has already been developed with such uses in accordance with the land use plan. The primary issue, therefore, pertains to the appropriateness of fuel sales at this location. Staff concludes that the proffered site plan provides for good traffic circulation through the site and addresses access to and from the site well, ensuring that traffic movement on Ferrell Parkway and Indian River Road are impacted to the smallest extent possible. The proffers also adequately address issues typically associated with convenience stores with fuel pumps, such as lighting, signage, and excessive outdoor display of goods. A/H TWA Associates, L.L.C. Page 2 of 2 The Planning Commission placed this item on the consent agenda because they felt that it is an appropriate use for the site, the proffers ensure compatibility of the use with the surrounding area, and staff recommended approval. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request, as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Manager:~ \--. ~~ AlHTWA ASSOCIA TES, L.L.C. Agenda Item 1 October 11 , 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Modification of the Indian Lakes Land Use Plan to permit gasoline sales with a convenience store. ADDRESS I DESCRIPTION: Property located on the south side of Ferrell Parkway, approximately 800 feet east of its intersection with Indian River Road. GPIN: 14655750950000 (portion of) COUNCIL ELECTION DISTRICT: 1 - CENTERVILLE SITE SIZE: 12,000 square feet SUMMARY OF REQUEST The applicant proposes to modify the Indian Lakes Land Use Plan to allow the construction of a Wawa convenience store with fuel pumps on property currently designated by the land use plan for office and retail. The subject site will be part of the development of the larger site as a shopping center, which is allowed by-right under the Indian Lakes Land Use Plan. The proposal depicts a 6,400 square foot convenience store and eight (8) fueling stations with a canopy structure. The structures are oriented perpendicular to Ferrell Parkway for a more functional access. The site will be accessed at two locations. The first location will be through a cross-access easement across adjacent properties to the east, providing access to an existing signalized intersection on Ferrell Parkway. The second location will be through a proposed entrance on Indian River Road to be constructed as part of the development of the shopping center. EXISTING LAND USE: Undeveloped vacant site LAND USE AND ZONING INFORMATION AlH TW A ASSO~IATES, L.~.C. Agendalt~rn 1 8?-g~1 SURROUNDING LAND USE AND ZONING: North: · Ferrell Parkway · Single-family dwellings! PD-H1 Planned Unit Development District · Multifamily dwellings! PD-H1 Planned Unit Development District · Retail and Pharmacy! PD-H1 Planned Unit Development District . Indian River Road · Single-family residential! R-7.5 Residential District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is grass field. There are no known cultural features or significant natural resources 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) I CAPITAL IMPROVEMENT PROGRAM (CIP): Ferrell Parkway in the vicinity of this application is considered a four-lane divided major suburban arterial. The Master Transportation Plan proposes a divided facility with bikeway and access control within a 120 foot right-of-way. There are no current Capital Improvement Program (CIP) projects slated for this section of roadway. Indian River Road in the vicinity of this application is considered a four-lane undivided major urban arterial. The Master Transportation Plan proposes a four-lane facility within existing right-of-way. There are no current Capital Improvement Program (CIP) projects slated for this section of roadway. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Ferrell Parkway 51,026ADT 32,500 ADT (Level of Existing Land Use ~- Service "C") OADT 34,900 ADT 1 (Level of Potential Land Use 3 - Service "D") 974 ADT 37,100 ADT 1 (Level of Proposed Land Use 4 - Service "E") 5,420 ADT Indian River 16,261 ADT 1 17,300 ADT (Level of S Road Service "e") 27,300 ADT 1 (Level of Service "D") 31,700 ADT 1 (Level of Service "E") Average Dally Tnps 2 as defined by existing vacant land 3 as defined by potential B-2 zoning 4 as defined by convenience market with gasoline pumps A/H TWA ASSQgJATES,L.'-.C. ".Agenda ..lt~~1 'g~g~2 WATER: This site must connect to City water. There is a 16-inch City water main on Ferrell Parkway. There is an a-inch City water main located east of the site within the adjacent existing shopping center. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 450 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an a-inch City gravity sanitary sewer main located east of the site within the adjacent existing shopping center. There is a 42-inch HRSD force main on Ferrell Parkway. STORMWATER MANAGEMENT: A stormwater management plan for water quantity and quality in accordance with the Public Works Specifications and Standards must be developed and submitted during detailed site plan review. The stormwater management plan must provide protection from detrimental impacts on all downstream receiving storm drain systems. The proposed stormwater management plan must be designed in accordance with the Virginia Pollution Discharge Elimination System Permit that will be issued for the facility. The operation of the proposed facility must not impact the water quality of the downstream receiving storm drain systems. Recommendation: Staff recommends approval of this request with the submitted proffers, which are provided below. EVALUATION AND RECOMMENDATION Evaluation: The request for a modification of the land use plan for the Indian Lakes Planned Unit Development to allow a convenience store with fuel sales as proffered is acceptable. The Indian Lakes Land Use Plan currently designates this site for retail and office uses and the site to the east has already been developed with such uses in accordance with the land use plan. The primary issue, therefore, pertains to the appropriateness of fuel sales at this location. Staff concludes that the proffered site plan provides for good traffic circulation through the site and addresses access to and from the site well, ensuring that traffic movement on Ferrell Parkway and Indian River Road are impacted to the smallest extent possible. The proffers also address issues typically associated with convenience stores with fuel pumps, such as lighting, signage, and excessive outdoor display of goods. Staff, therefore, recommends approval as proffered. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 1 07(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," (91 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve ,..-'" . . ,,' ......., A/H TWA ASSOCJATES, L.~.C. Agendalt~rn1 8~~Et3 as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, in order to achieve a coordinated design and development on the site in terms of vehicular circulation, parking and building orientation, the "CONCEPTUAL SITE LAYOUT OF WAWA @ INDIAN RIVER ROAD, Ferrell Parkway and Indian River Road, Virginia Beach, VA" dated 6/20/06, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Layout Plan") shall be substantially adhered to. PROFFER 2: When the Property is developed, the architectural design, building materials and colors of the WAWA Market, canopy and gasoline dispensing equipment will be substantially as depicted on the exhibit entitled "PROPOSED WAWA, Ferrell Parkway * Indian River Road, Virginia Beach, Virginia dated November 3, 2005" prepared by LynchMartinez Architects, L.L.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Rendering"). PROFFER 3: When the Property is developed, all lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as part of the formal site plan submission for review by the Planning Department to determine consistency with the Crime Prevention Through Environmental Design (CPTED) principles and practices. Lighting shall be installed and operated as shown on the approved plan. All lighting shall be directed inward and downward within the site. PROFFER 4: When the Property is developed, no outdoor vending machines, ice boxes or display of merchandise shall be allowed. PROFFER 5: When the Property is developed, windows shall not be tinted, thus allowing for surveillance opportunities both from within and from outside the building. No signage in excess of a total of eight (8) square feet of the entire glass area of the exterior wall nor any neon or neon-style signs or accents shall be permitted in or on the windows and/or doors of the convenience store. PROFFER 6: When the Property is developed, signage on the site is limited to the building sign, the canopy signage as depicted on the elevation and one free-standing monument style sign with a base matching the brick of the convenience store building. No other signs shall be installed on any other wall area of the building or on the roof of the building, on the canopy, on the canopy supports. on the lighting poles or any other portion of the site. PROFFER 7: When the Property is developed, all rooftop equipment, such as heating, ventilation and air conditioning units shall be concealed from typical street level view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) of the Zoning Ordinance. PROFFER 8: When the Property is developed, the trash enclosure shall be screened with a solid wall to match the main building and shall include evergreen shrubs having good screening capabilities, no less than three (3) feet in NH TW A ASSOCIATES, L.t..C. . Agendalt~Jn .1. R?g~ 4 height at the time of planting, spaced in accordance with the City's Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. PROFFER 9: When the Property is developed, a bike rack shall be provided on-site. PROFFER 10: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and ensure its compatibility with the surrounding area. The City Attorney's Office has reviewed the proffer agreement dated June 20,2006, 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 and Standards. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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/H TWAASSOCIATES, L.LC. Agenda 11~rn 1 8~g~5 AERIAL OF SITE L. .:,;~ iIO .. I ~5 ~ iU N'"Cl o ill 1lO~ .(.. CO 2 ill~~ C. - ~o...x e V) VlOwll.. -0 ~ o a! I... Q) > -- a! '"Cl C g CUe: -.-- ~ -Oil.( ... c: o c: III :;-~ .E j@ -g < III > 1!CU~-5 ;~-I! t'a~1ll -c ! ~ :> ~<,p., ;$.: .~li:~",~ PROPOSED SITE"I?~N::!;~::;<L, :rr:~s::~r~:::};~;fdL:;"':, /;/, '::,." -~t "i'l; , NIn tt)V ........,.... .. I,LL'!"-o (/) ~ G) 00:2 '-' v .... \0 ............ ~ r I I f . ;~, l t : I ,'.,....'\, "..." ,"":'/"'-.' ',-" A/H TW A Assci~i~~E~;~ ( (Agend t~ x '<,;":,':( '" ','" (i. -'}'.." PROPOSED SITE PLAN - !,,' PROPOSEDWAWA .............. Ferrell Parkway & Indian River Road Virginia Beach, Virginia November 3. ZOO5 Scale: 1/8"=01'-0' PROPOSED BUILDING ELEJAilOIt", .,.,'- "..,c.",,-- ..', ",' ,--,'-, )' <~~:>"',': ~:', '- " $- "'-.. > . A/H TW A ASS~jATEp, ~ t-.~el1<ia -~;" <.::;:;:; \;>.,:.</ -n. ,- '-<',> ,; :.<:J~~ :-,~ ~;, ~t~ A/H TW A 1 08/26/03 2 01/11/82 09/20/71 Granted Granted Granted ZONING HIS!~Y'k"" ':'~'~~~,~:;.-1,- -<{{' ~,/,,;-_:<_ :_'. i>/,.,;: " - - - - -', ,"_' . - ";;;::_;';JbJJ;::..>\;~v;:,::^ -,;,,~ NH TWA ASSq~J,f\:rEp!, .C.-f.....1.,..,....,. ......,...:.........",;2\~::,~,',....,.. (~~en4c:lJ1; .."" K l' 'k \ },~~" ',J;'C "r :::/".,((....'.,< I j -tr ~;i iC!j; itl a '" .. II i J l~ _ . s; ~J!$O ~ i ~ q) ~ i; ~.'$lo. ~ '" ~i.o,g lf~::Ii.. ! .i.~ II.i ~:III..i o ... 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Ii c: =0 "'., _lZ v2?'i; ..;.J"'" 1;- z .. '" ~ c: 'il ] j .. ~3:: z- s~ - 8 ~2 i~ ~-~ ~.~ e;::; 8,S "" r~ i- ii !~ i fi i 1 I i , I I I ' I i i (5 11 ":. .2- I) I~ IIi l~~ I g~ I-=i I ~l t~ I ~~ ~ Qd : ~~ A i5. I .=~ J It ! oj [0 i I. ~ t iii a; ~~ i ~. J '9..~ "" ill> <:I ~~'I i~.a 9! g~ o't) ~. '"' g '= t .~ !. o Item #1 A/H- TW A Associates, L.L.c. Modification of the Indian Lakes Land Use Plan South side of Ferrell Parkway District 1 Centerville October 11, 2006 CONSENT Barry Knight: Our next item of business will be the consent items. The Vice Chair will handle this portion of the agenda. Janice Anderson: Thank you Barry. This afternoon there are 14 matters on the consent agenda. The first one I would like to call is agenda item #1, A/H TW A Associates, L.L.c. This is for a Modification of the Indian Lakes Land Use Plan to permit gasoline sales on property located on Ferrell Parkway and 800 feet east of Indian River Road in the Centerville District. Mr. Bourdon? Eddie Bourdon: Thank you Madam Vice Chair, for the record, Eddie Bourdon, a Virginia Beach attorney, and we appreciate being on the consent agenda. This is a Modification of the Land Use Plan for Indian Lakes, which is a proffered item so we are in accordance with all the proffers. Janice Anderson: Thank you Mr. Bourdon. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Gene Crabtree to review this item. Eugene Crabtree: This property is located on the south side of Ferrell Parkway. It is the comer part of an area that is going to be developed into a shopping center. There will be a grocery store there eventually, and the entire area will be developed. This was a good spot for this because there is not one of these types of facilities in the area. It conforms with the Comprehensive Plan for that area for the development of that, and if for no other reason, I would like to put it on the agenda because they're going to provide bike racks at this facility for people who ride bicycles throughout the city. Therefore, we put it on consent agenda. Janice Anderson: Thank you Mr. Crabtree. Mr. Chairman, I have a motion to approve the following agenda item for consent. It is agenda item #1. Barry Knight: Thank you. We have a motion on the table. Do I have a second? Mr. Henry Livas has seconded it. Is there any discussion? There is a motion on the floor to approve the consent agenda item by Jan Anderson and a second by Henry Livas. I'll call for the question. Item #1 A/H- TW A Associates, L.L.c. Page 2 ANDERSON BERNAS CRABTREE HENLEY KA TSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE 9 NAY 0 ABSO ABSENT 2 AYE AYE AYE AYE AYE AYE AYE AYE AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item #1 for consent. Karen prochilo Crom: .3ent: To: Cc: Subject: Patricia'L Lambert [patricia.l.!ambert@ampf.com] Tuesday. October 10,200612:5.7 PM Karen Prochilo Harry E. Diezel October 11 th Hearing A~.~ To Whom It May Concern, We are 'writing in regards to a hearing that is scheduled for Wednesday, October 11th, 2006. This'hearing pertains to a proposed re-zoning of the land directly behind our home. We live at 5167 Westerly Drive, Virginia Beach, VA 23464. Our house backs up to Ferrell Parkway. Prior ~o purchasing our home a little Over 4 years ago, we researched the zoning behind the property and because it was residential, we decided to go ahead and purchase our home. We figured that all that could potentially be built back there would be more houses or an apartment community. The proposed re-zoning would allow a gas station/convenience store to be built. We are concerned that this will not only be unpleasant scenery, but will also hurt our property value. We are going to sell our home within the next ten years, and should potential buyers come to view our home and see the bright lights of a convenience store shining into the backyard, we are sure that it will hinder our ability to sell at a fair price. We are already seeing a sharp decline in the Hampton Roads housing market, and this will only make it worse, not only for us, but for our neighbors. Consider this as well: how would you like to sit in your backyard after ~ long day at work, and gaze at the neon lights of a gas station, whole listening to a~l of the added traffic that the gas station las caused? Doesn't sound exactly relaxing, n9w does it? We urge you to leave the zoning as it is: residential. i = rhank you for'your time \ \/csl O~ Best Regards, =7 N C:r\-e:. -V-~ eM. f2. (l€.NT "2..~ \ N 6s- \ S ~ 0 "\ Res\DC.~-n~L. \T'~ PD- H \N IT+) t~~(2..c..,,\l.- ove.-"L-~ Y. -J \l-5 Patricia and Joseph Lambert . , , ----------------------------------------- ************************************~**+*~***~~******************** I *********** "This message and any attachments are solely for the intended recipient and may contain confidential or privileged information. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you." ******************************************************************* *********** L _ CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6566 DATE: October 31, 2006 FROM: Leslie L. Lilley, ~ B. Kay WiISO~ DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: A/H- TWA Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 14, 2006. I have reviewed the subject proffer agreement, dated June 20,2006 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/aIs Enclosure cc: Kathleen Hassen AjH - TW A ASSOCIATES, L.L.C., a Virginia limited liability company INDIAN LAKES PROPERTIES TWO, L.L.C., a Virginia limited liability company SCAD, L.L.C., a Virginia limited liability company SHB, L.L.C., a Virginia limited liability company SEEMAN WARANCH TIDEWATER JEWISH FOUNDATION, a Virginia non-stock corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 20th day of June, 2006, by and between AjH-TWA ASSOCIATES, L.L.C. ("A/H") a Virginia limited liability company, Grantor, party of the first part; INDIAN LAKES PROPERTIES TWO, L.L.C., a Virginia limited liability company, SCAD, L.L.C., a Virginia limited liability company, SHB, L.L.C., a Virginia limited liability company, SEEMAN WARANCH, TIDEWATER JEWISH FOUNDATION, a Virginia non- stock corporation, parties of the second part, Grantors who join in this agreement solely to show they consent to the proffers by AIH but do not guarantee or warrant performance of any proffer by AjH; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the parti~s of the second part are the joint owners of a parcel of property located in the Centerville District of the City of Virginia Beach, containing approximately 10.15 acres of land which is more particularly described as Parcell in Exhibit "A" attached hereto and incorporated herein by this reference. This Agreement concerns a portion of Parcell, containing approximately 1.52 acres which is more particularly described as Parcel 2 in Exhibit "A" and which is herein referred to as the "Property"; and GPIN: 1465-57-5095 (Part) Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 .._.~ WHEREAS, the party of the first part is the contract purchaser of the Property described in Exhibit "A" and 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 modify the PDH-l Land Use Plan with a Conditional B-2 Commercial Designation applicable to the Property; 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, A/H acknowledges that the 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 A/H's rezoning application gives rise; and WHEREAS, A/H has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the PDH-l Land Use Plan applicable to the Property in addition to the regulations provided for the PDH-l and B-2 Zoning Districts by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, A/H, 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 quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby 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 A/H, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, in order to achieve a coordinated design and development on the site in terms of vehicular circulation, parking and building orientation, 2 the "CONCEPTUAL SITE LAYOUT OF WAWA @ INDIAN RIVER ROAD, Ferrell Parkway and Indian River Road, Virginia Beach, VA," dated 6/20/06, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Layout Plan") shall be substantially adhered to. 2. When the Property is developed, the architectural design, building materials and colors of the Wawa Market, canopy and gasoline dispensing equipment will be substantially as depicted on the exhibit entitled "PROPOSED WAWA, Ferrell Parkway & Indian River Road Virginia Beach, Virginia, dated November 3, 2005" prepared by LynchMartinez Architects, L.L.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Rendering"). 3. When the Property is developed, all lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as part of the formal site plan submission for review by the Planning Department to determine consistency with Crime Prevention Through Environmental Design (CPTED) principles and practices. Lighting shall be installed and operated as shown on the approved plan. All lighting shall be directed inward and downward within the site. 4. When the Property is developed, no outdoor vending machines, ice boxes or display of merchandise shall be allowed. 5. When the Property is developed, windows shall not be tinted, thus allowing for surveillance opportunities both from within and from outside the building. No signage in excess of a total of eight (8) square feet of the entire glass area of the exterior wall nor any neon or neon-style signs or accents shall be permitted in or on the windows and/or doors of the convenience store. 6. When the Property is developed, signage on the site is limited to the building sign, canopy signage if depicted on the elevation and one freestanding monument style sign with a base matching the brick of the convenience store building. No other signs shall be installed on any other wall area of the building or on the roof of the building, on the canopy, on the canopy supports, on the lighting poles or any other portion of the site. 7. When the Property is developed, all rooftop equipment, such as heating, ventilation and air conditioning units shall be concealed from typical street level view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) of the Zoning Ordinance. 3 8. When the Property is developed, any trash enclosure shall be screened with a solid wall to match the main building and shall include evergreen shrubs having good screening capabilities, no less than three (3) feet in height at the time of planting, spaced in accordance with the City's Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. 9. When the Property is developed, a bike rack shall be provided on-site. 10. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by AIH and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed 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. AIR 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; 4 (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, A/H 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 Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: A/H-TWAAssociates, L.L.C., a Virginia limited liability company By: Armada Hoffler Properties, L.L.C., I'\'tJ \f' 'Lted liability company By:- t-~\ ' (SEAL) LL1+0D,l '-f ~ ,fJ. /v'ju. c.~ , Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ,1 The foregoing instr~ment, was ackn9wledged before me this ,.;J/fl::" day of ItLi~ , 2006, by (j /'}-#r/)ld M Y: PI; i~{) , Managing Member of Artfiada Hoffler Properties, L.L.C., the 'Managing Member of A/H Associates, L.L.C., a Virginia limited liability company, Grantor. ./ '/. . '; ,- , ,.,.:J2LtJ:.}41f.-/t -11.( [.i." Notary Public ~""""'h' My Commission Expires: ~;! - J 9 - DS" 6 WITNESS the following signature and seal: Grantor: EAL) , Managing Member STATE OF VIRGINIA CTIY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 29 t h day of June , 2006, by Lawrence J. Go1drich , Managing Member of Indian Lakes Properties Two, L.L.C., a Virginia limited liability company, Grantor. , 1Q 'd Lfk rt'71 J 9: 1(,{ . (; n, ~"?YJ- Nfjtary Public v My Commission Expires: 1/31/07 7 WITNESS the following signature and seal: Grantor: SCAD, L.L.C., a Virginia limited liability company (SEAL) , Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 29 t h day of June, 2006, by Stanley Waranch , Managing Member of SCAD, L.L.C., a Virginia limited liability company, Grantor. ~ ' it ( . . 1 . . , . ( , II ! ' '-.. \_)} ( (1 L U ~/ ~.!()2 0( " Nptary Pub1i~ v My Commission Expires: 1/31/07 8 WITNESS the following signature and seal: Grantor: SHB, L.L.C., a Virginia limo d liability company By: ~~ (SEAL) , Managing Member Stuart H. Buxbaum STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 29 t h day of June , 2006, by Stuart H. Buxbaum , Managing Member of SHB, L.L.C., a Virginia limited liability company, Grantor. em a H/:l vi {)~tl1 N.Ptary Public \./ My Commission Expires: 1/31/07 9 ~ __~ "~"-J,.. WITNESS the following signature and seal: H> L~ I (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 29 t h day of June ,2006, by Seeman Waranch, Grantor. eJLl (L Uj X W (n-fcr;1 y ~tary Public My Commission Expires: 1/31/07 10 WITNESS the following signature and seal: Grantor: Tidewater Jewish Foundation, a Virginia non-stock corporation By: Title: (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing June , President corporation, Grantor. instrument was acknowledged before me this 29 t h day of 2006, by Philip S. Rovner , of Tidewater Jewish Foundation, a Virginia non-stock My Commission Expires: 1/31/07 11 EXHIBIT "A" Parcel One: All that certain lot, piece or parcel of land, with any improvements thereon lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "PARCEL A-2, PART B-2", on that certain subdivision plat entitled "SUBDMSION PLAT OF PARCEL A-2, PART B, INDIAN LAKES PROPERTIES, L.L.C. (M.B. 234, PG. 59), KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated September 24,1997, made by Engineering Services, Inc., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 262, at Pages 68 & 69. GPIN: 1465-57-5095 Parcel Two: A portion of that certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "PARCEL A-2, PART B- 2", on that certain subdivision plat entitled "SUBDMSION PLAT OF PARCELA-2, PART B, INDIAN LAKES PROPERTIES, L.L.C. (M.B. 234, PG. 59), KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated September 24, 1997, made by Engineering Services, Inc., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 262, at Pages 68 & 69. Said portion of Parcel A-2, PART B-2 is more particularly described as follows: . BEGINNING AT AN IRON PIN LOCATED AT THE POINT OF REVERSE CURVE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 102.82 FEET AND AN ARC LENGTH OF 257.71 FEET, THE POINT OF COMMENCEMENT. SAID POINT IS LOCATED AT THE SOUTHEAST INTERSECTION OF INDIAN RIVER ROAD AND FERRELL PARKWAY; THENCE CONTINUING ALONG THE SOUTHERN RIGHT-OF-WAY OF FERRELL PARKWAY WITH A CURVE TO THE LEFT HAVING A RADIUS OF 1,487.90 FEET, AN ARC LENGTH OF 516.54 FEET, A CHORD BEARING OF NORTH 860 23' 31" EAST AND A CHORD DISTANCE OF 513.95 FEET TO A PIN BEING A POINT OF TANGENCY; THENCE NORTH 780 23' oi' EAST, A DISTANCE OF 37.64 FEET TO A POINT LOCATED ON THE NORTHWEST CORNER OF LEASE PARCEL (THE SUBJECT PROPERTY), THE POINT OF BEGINNING; THENCE CONTINUING ALONG FERRELL PARKWAY NORTH 780 23' 07" EAST, A DISTANCE OF 113.21 FEET TO A PIN; THENCE NORTH 740 25' 16" EAST, A DISTANCE OF 216.44 FEET TO A POINT; THENCE LEAVING FERRELL PARKWAY AND CONTINUING ALONG THE DIVIDING LINE BE1WEEN THE SUBJECT PROPERTY AND THE PROPERTY NOW OR FORMERLY BELONGING TO INDIAN LAKE SELF STORAGE, LLC, DESIGNATED AS PARCEL D-2, SOUTH 150 34' 44" EAST, A DISTANCE OF 260.62 FEET TO A POINT; THENCE LEAVING THE PREVIOUS DIVIDING LINE AND CONTINUING ALONG THE DIVIDING LINE BE1WEEN THE SUBJECT PROPERTY AND PARCEL A-2, PART B-2 HAVING A GPIN 1465-57-5095, SOUTH 740 25" 16" WEST, A DISTANCE OF 329.37 FEET TO A POINT LOCATED AT THE SOUTHWEST CORNER OF THE SUBJECT PROPERTY; THENCE NORTH 150 34' 44" WEST, A DISTANCE OF 207.99 12 FEET TO THE POINT OF BEGINNING AND CONTAINING 66,375 SQUARE FEET OR 1.52 ACRES. IT BEING A PORTION OF A CERTAIN LOT, PIECE OR PARCEL OF LAND, WITH THE IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE CITY OF VIRGINIA BEACH, VIRGINIA, AND BEING KNOWN, NUMBERED AND DESIGNATED AS "PARCEL A-2, PART B-2" ON THAT CERTAIN SUBDIVISION PLAT ENTITLED "SUBDIVISION PLAT OF PARCELA-2, PART B, INDIAN LAKES PROPERTIES, L.L.C. (M.B. 234, PG. 59), KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", DATED SEPTEMBER 24, 1997, MADE BY ENGINEERING SERVICES, INC., WHICH PLAT IS DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK 262, PAGES 68 & 69. GPIN: 1465-57-5095 (Part) AmendmentPDHPlan/ A-H - TW AAssociates/Proffer3.Clean Rev.8/04/o6 13 - 52- Item V-L2. PLANNING ITEM # 51355 Upon motion by Vice Mayor Jones. seconded by Council Lady Eure. City Council MODIFIED PROFFERS to allow larger buildings re Ordinance upon Application of NORTH LANDING DEVELOPMENT, LL.C. (Conditional Change a/Zoning Approved 2/8/2004) Ordinance upon Application of North Landing Development. L.L. C. for a Modification orConditions approved by City Council on February 8. 1994. Property is located at 2484 North Landing Road (GPIN 14948115330000). DISTRICT 7 - PRINCESS ANNE The folloWing condition shall be required: 1. An agreement encompassing the modified proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. Proffer 1: The original specifies a site design that would allow two additional buildings of only approximately 1.800 square feet each. The applicant has requested to modify this proffer to allow for larger buildings (7,500 square feet each). The new proffered site plan also shows additional parking to meet the needs oj the new retail area. Extensive landscaped areas are included, as well as several pedestrian crosswalks linking each of the buildings and adjacent public sidewalks. Proffer 2: will remain essentially the same, but has moved to new Proffer No.9. The proffer has been changed slightly to allow for restaurants with carry-out food. Proffer 3: requested to be removed as all of the requirements specified therein have been met or are no longer applicable. Voting: J 1-0 (By Consent) Council Members Voting Aye: Harry E. Diezel. Margaret L, Eure, Vice Mayor Louis R. Jones, Reba S. McClanan. Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilsan and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 9, 2004 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Princess Anne Shoppes to modify Proffer 9 of a Conditional Change of Zoning, granted by the City Council on March 9, 2004, for property located at the northwest intersection of North Landing Road and George Mason Drive (GPIN 1494811533). DISTRICT 7 - PRINCESS ANNE MEETING DATE: November 14, 2006 . Background: Application of Princess Anne Shoppes for a Modification of Conditions (Proffers). Property is located at the northwest intersection of North Landing Road and George Mason Drive (GPIN 1494811533). DISTRICT 7 - PRINCESS ANNE . Considerations: On March 9, 2004, City Council approved a Conditional Change of Zoning for the site, allowing its development for retail and office uses. There are three existing buildings on the lot: two (2) six-unit retail buildings and one (1) restaurant. The 2004 Change of Zoning had nine (9) proffers. The applicant desires to modify Proffer 9, which restricts the type of uses that may be on the site. The requested modification will allow a veterinarian's office in the northernmost unit (Suite 106) of the building located along the western property line. The office will only provide outpatient treatment, and there will be no overnight boarding of animals. Staff's evaluation of this request reveals the modification of Proffer 9 is reasonable and will not change the consistency of the original rezoning proposal with the Comprehensive Plan's recommendations for the area. The use remains compatible with the adjacent business areas. The PlannilJg Commission placed this item on the consent agenda because the requested use is consistent with the Comprehensive Plan's recommendations for this area, Staff recommended approval, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve the request as proffered. Princess Anne Shoppes 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 ~ City Manager: ~ ...lL . ~ bO"L. -:?'" PRINCESS ANNE SHOPPES Agenda Item 4 October 11 , 2006 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Modification of Proffers for the Conditional Change of Zoning from AG-2 Agricultural to B- 1 A Limited Community Business District granted by City Council on March 9, 2004. ADDRESS I DESCRIPTION: Property located on the northwest corner of North Landing Road and George Mason Drive. GPIN: 14948115330000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 148,154 square feet SUMMARY OF REQUEST The Conditional Change of Zoning from AG-2 Agricultural District to Conditional B-1 A Limited Community Business District was approved by the City Council on February 8, 1994, with three proffers: 1. The Property shall be developed substantially in conformity with the Site Plan entitled "SITE PLAN FOR FAMILY VENTURES, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA," dated September 25, 1993, made by Kellam-Gerwitz Engineering, which said plan has been exhibited to the City Council and is on file in the Department of Planning of the City of Virginia Beach. 2. The Property shall not be developed for or devoted to any of the following uses: a. Business and vocational schools; b. Funeral homes; c. Grocery stores, carry-out food stores and convenience stores; d. Marinas; e. Mini-warehouses; and f. Veterinary establishments and commercial kennels. 3. The Grantor recognizes that the Property is located within the limits of Transitional Area I identified in the Comprehensive Plan of the City of Virginia Beach, adopted by City Council on March 5, 1991. The Comprehensive Plan states that all development within Transitional Area I shall pay its pro rata share of all needed capital improvements reasonably required to meet the demands and impacts created by the development of the Property. The Grantor agrees to pay its pro rata share as follows: ",.(, PRINCESS ANNE SHO .... ;~gendal a. The Grantor hereby proffers the sum of Eighteen Thousand Two Hundred Fifty-Seven Dollars ($18,257.00) (the "Proffer Charge"). b. The Proffer Charge shall be subject to credits totaling Ten Thousand Two Hundred Seventy and 08/100 Dollars ($10,270.08) (the "Credits") for the following dedications to be made to the City of Virginia Beach: i. The Grantor has obtained or agrees to obtain the dedication to the Grantee for right-of-way purposes of a strip of land eight feet (8') in width along the frontage of the Property adjacent to North Landing Road. ii. The Grantor has obtained or agrees to obtain the dedication to the Grantee for right-of-way purposes of a strip of land eight feet (8') in width along the frontage of adjacent property owned by Robert G. Brewer and Donna S. Brewer GPIN NO: 1494-71-6347 (the "Brewer Property") adjacent to North Landing Road. iii. The right-ot-way dedications have been or will be made in conjunction with subdivision plats of the Property and the Brewer Property. In the event that road improvements to North Landing Road (incorporating the parcels described above in subparagraphs 3(b)(i) and 3(b)(ii)) have not been included in the City's five- year CIP at the time of subdivision approval, the Grantor will execute an agreement in form acceptable to the City Attorney, to ensure that such dedications will be made at such time as the road improvements are included in the five-year CIP; provided, however, if at the time of subdivision review, it is determined that the need for the dedication is reasonably generated by the development, such parcels will be dedicated to the City with the recordation of the subdivision plats. c. The Grantor recognizes that the payment of pro rata share costs does not eliminate other required fees normally associated with the development process. d. The Grantor agrees to pay the difference between the Proffer Charge and the Credits ($7,986.92) as follows: twenty percent (20%) of such payment shall be made prior to the issuance of a building permit for the Property, and the remaining eighty percent (80%) shall, at the same time, be secured by a bond or an irrevocable letter of credit acceptable in form to the City Attorney, which shall secure payment of the remaining sums which will be due prior to the issuance of a certificate of occupancy. e. All funds collected by the Grantee may be utilized for any capital improvement in the five-year CIP at the date the funds are collected, or any other improvement of the type not normally included in the five- year CIP, so long as the need for the improvement bears a reasonable relation to the rezoning and to needs generated by the rezoning. Should the Grantee fail to utilize the Proffer Charge or any part thereof for any of the purposes set forth herein within then (10) years of the payment of same, then any of the said sums not so used shall be returned to the Grantor or other parties making such payments. On March 9, 2004, City Council approved a request to modify the proffers above to facilitate a redevelopment of the site and approved a Conditional Change of Zoning for the then-undeveloped property surrounding the original site, allowing its development for retail and office uses, subject to nine (9) proffers: 1. All development of the Property shall be performed in substantial conformance with the plan titled "Zoning Exhibit of Princess Anne Shoppes," dated August 15,2003, and prepared by Kellam-Gerwitz Engineering, Inc., which plan has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach (the aSite Plan"). 2. In connection with development of the Property, the Property shall be landscaped in substantial conformance with the landscaping shown on the Site Plan. Evergreen landscaping meeting the requirements of Category IV of the City of Virginia Beach Landscaping Guide shall be installed between the rear of Building #2 shown on the Site Plan and the boundary line of the Property. 3. Building #1 and Building #2, as shown on the Site Plan, shall be constructed in substantial conformance with the building elevations titled .Princess Anne Shoppes, Virginia Beach, Virginia," which elevations have been exhibited to the City Council and are on file with the Planning Department of the City of Virginia Beach (the ",:,;iO. .'.;-, .,:"-" ^-< . ._,"W ...x....-, PRINCESS ANNE SHORiES :AgendaJt~fp4 .ij?g;~....? "Elevations"). Building #1 and Building #2 shall be constructed using architectural materials and color schemes also shown on the Elevations. 4. All free-standing signs shall be monument style signs, constructed in substantial conformance with the "Entrance Signage" shown on the Elevations. All building signs for the tenants of Buildings #1 and Building #2 shall be located immediately above each tenant's front entrance, in substantial conformance with the "Shop Signage" shown on the Elevations. No external signs upon the Property shall be internally- illuminated, but may be illuminated by directed external lighting. No signs may be installed on the roof of any building located upon the Property. 5. The refuse collection area located at the rear of the building situated at the corner of North Landing Road and George Mason Drive, as shown on the Site Plan, shall be screened by an enclosure constructed of building materials substantially similar in color, design and style to those used for the existing building. The enclosure area screen shall be completed prior to the issuance of an occupancy permit for Building #1 or Building #2 and shall be substantially completed as shown on the exhibit titled "Details, Princess Anne Shoppes, Virginia Beach, Virginia," which has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach. 6, All exterior site lighting, except for lighting for signs and landscaping, shall be substantially similar in design and style to the exterior site lighting used for the existing building located at the corner of North Landing Road and George Mason Drive. 7. Any heating, ventilation and air-conditioning ("HVAC") equipment installed on the roof of any building shall be screened from the view, using screening materials and design substantially similar to the screening used for the existing building located at the corner of North Landing Road and George Mason Drive. Any HV AC equipment installed at ground level shall be screened with landscaping approved by the Planning Director, or his designee. 8. As a condition of site plan approval for the proposed development, a right-turn lane and a left-turn lane shall be installed along North Landing Road, substantially as shown on the Site Plan. 9. The Property shall not be developed for or devoted to any of the following uses: a. Business and vocational schools; b. Funeral homes; c. Grocery stores or convenience stores; d. Marinas; e. Mini-warehouses; f. Veterinary establishments and commercial kennels. The applicant desires to modify Proffer 9 to allow a veterinarian's office in one of the units in this complex. The office will only provide outpatient treatment and there will be no overnight boarding of animals. The revised proffer more closely mirrors the wording contained in the City Zoning Ordinance and provides for a limited veterinary use that does not involve boarding. There are three existing buildings on the lot: two (2) six-unit retail buildings and one (1) restaurant. The proposed veterinarian office will operate out of the northernmost unit (Suite 106) of the building located along the western property line. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Restaurant and Retail Buildings. SURROUNDING LAND USE AND ZONING: North: . George Mason Drive . Municipal Center Complex / AG-2 Agricultural with Historic and Cultural Overlay District South: · North Landing Road · Former Courthouse Elementary School - now used for office / AG-2 Agricultural with Historic and cultural Overlay District. · Municipal Center Complex / AG-2 Agricultural with Historic and Cultural Overlay District · Vacant site (structures recently demolished) / AG-2 Agricultural District · Single-family Dwellings / AG-2 Agricultural District · Office Building / 0-2 Office District East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The property is located within the Courthouse Historic and Cultural Overlay District surrounding the Municipal Center. No physical improvements or alterations are planned for the site; therefore, the Historic Review Board has indicated that they do not need to review this application. The Historic Review Board primarily reviews the architectural component of the project. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana and NALF Fentress. IMPACT ON CITY SERVICES TRAFFIC: No traffic concerns. WATER: This site has an existing water meter that may be used, or upgraded. There is an a-inch water line in George Mason Drive fronting the site. There is a 16-inch City water main in North Landing fronting the site. SEWER: This site is already connected to City sanitary sewer. Analysis of Pump Station 636 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There are a-inch City sanitary sewer gravity mains and a 16-inch City force main in both George Mason Drive and North Landing Road. FIRE: No Fire Departmental concerns with applicant's request. PRINCESS ANNE.SHO .. ;Agendal p I': -..",~,,- Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the 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. Evaluation: Staff's evaluation of this request reveals the modification of proffer 9 is reasonable and will not change the consistency of the original rezoning proposal with the Comprehensive Plan's recommendations for the area. The use remains compatible with the adjacent business areas. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (~1 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: All development of the Property shall be performed in substantial conformance with the plan titled "Zoning Exhibit of Princess Anne Shoppes," dated August 15, 2003, and prepared by Kellam-Gerwitz Engineering, Inc., which plan has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach (the "Site Plan"). PROFFER 2: In connection with development of the Property, the Property shall be landscaped in substantial conformance with the landscaping shown on the Site Plan. Evergreen landscaping meeting the requirements of Category IV of the City of Virginia Beach Landscaping Guide shall be installed between the rear of Building #2 shown on the Site Plan and the boundary line of the Property. PROFFER 3: Building #1 and Building #2, as shown on the Site Plan, shall be constructed in substantial conformance with the building elevations titled "Princess Anne Shoppes, Virginia Beach, Virginia," which elevations have been exhibited to the City Council and are on file with the Planning Department of the City of Virginia Beach (the "Elevations"). Building #1 and Building #2 shall be constructed using architectural materials and color schemes also shown on the Elevations. PROFFER 4: All free-standing signs shall be monument style signs, constructed in substantial conformance with the "Entrance Signage" shown on the Elevations. All building signs for the tenants of Buildings #1 and Building #2 shall be located immediately above each tenant's front entrance, in substantial conformance with the "Shop Signage" shown on the Elevations. No external signs upon the Property shall be internally- illuminated, but may be illuminated by directed extemallighting. No signs may be installed on the roof of any building located upon the Property. PRINCESS A~NE SHO ;:~genda .1 "...;."..."" PROFFER 5: The refuse collection area located at the rear of the building situated at the corner of North Landing Road and George Mason Drive, as shown on the Site Plan, shall be screened by an enclosure constructed of building materials substantially similar in color, design and style to those used for the existing building. The enclosure area screen shall be completed prior to the issuance of an occupancy permit for Building #1 or Building #2 and shall be substantially completed as shown on the exhibit titled "Details, Princess Anne Shoppes, Virginia Beach, Virginia," which has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach. PROFFER 6: All exterior site lighting, except for lighting for signs and landscaping, shall be substantially similar in design and style to the exterior site lighting used for the existing building located at the corner of North Landing Road and George Mason Drive. PROFFER 7: Any heating, ventilation and air-conditioning ("HVAC") equipment installed on the roof of any building shall be screened from the view, using screening materials and design substantially similar to the screening used for the existing building located at the corner of North Landing Road and George Mason Drive. Any HVAC equipment installed at ground level shall be screened with landscaping approved by the Planning Director, or his designee. PROFFER 8: As a condition of site plan approval for the proposed development, a right-turn lane and a left-turn lane shall be installed along North Landing Road, substantially as shown on the Site Plan. PROFFER 9: The Property shall not be developed for or devoted to any of the following uses: a. Business and vocational schools; b. Funeral homes; c. Grocery stores or convenience stores; d. Marinas; e. Mini-warehouses; f. Animal hosoitals. oounds. shelters and commercial kennels. orovided. however. that veterinary offices which orovide onlv outoatient treatment or services. with no overniaht boardina shall be oermitted. STAFF COMMENTS: The proffers listed above are acceptable. The change to Proffer 9 to allow veterinary offices will not be detrimental to the site or surrounding uses. The City Attorney's Office has reviewed the proffer agreement dated July 25, 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 and Standards. 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. " "..; PRINCESS ANNE SHO '; Agendalt ...--J,. PRINCESS f \, ~'. .\ \ . :\ \ \ \\ \ \ ; \ \ \ \ '\ \ ,--.- , \ \ . \ /- \\ \\ \ \ \ \ \ \ \ \ ' \, \ \J\ \'\\ 1\ ,\ ! !; ~i~ 00 e.: p. 1-_ P. CO !2 J: {ii X ~ W % ol>~ ~l'II Z U1 o JZ<. N ~ ~ p. .~ "" PROFFERED 51. (i)' ; '" 'f " ~~c...J~~ _. ~ PROFFERED # 1. 2. 3. 4. 5. 6. DATE 3-9-04 2-8-94 5-9-95 11-1 0-86 12-5-83 5-24-94 7-3-01 9-9-97 5-25-99 5-25-99 8-26-86 5-12-69 \ \ \ / \ Modifications - Proffers to Conditional Rezoning from AC-2 to B-1A Approved February 8, 1994 REQUEST Condition Change of Zoning (modified) Rezoning (AG-2 Agricultural to conditional B-1 A Limited Business Conditional Use Permit (satellite antenna) Conditional Use Permit (restaurant) Rezoning (AG-2 Agricultural to 0-1 Office) Conditional Use Permit roup home) Conditional Use Permit (preschool/daycare) Conditional Use Permit (church & daycare) Rezoning (AG-2 Agricultural to B-1A Limited Business) Conditional Use Permit (mini-storage) Rezoning (City request to downzone to AG-1&2 A ricultural Rezoning (City request to apply Historic and Cultural Overla District (t.., !~) ~l ~ (i I \ AG-I ACTION Granted Granted Granted Granted Granted Granted Granted Granted Granted Granted Denied Granted ZONING:'NlSl; .. 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I~ ,~ lZ h: l.t I I ",-I r~ Iii !~ , .- f:! ie I~ 't l~ I e 8,. g! ..~ ...- oli C:e' .!Ie Ii , &. I ~8 I ~-€ f .... :: ~ Q.- II~ ~, _ 0 li~ I'tl ;s:;!!l I~J) ~.o/ DISCLOSURE SYA~E ",,..),.:""* >~<<:';::.';:;,'(0' , ''Cu'.' ,~' ,.. PRINCESS Item #4 Princess Anne Shoppes Modification of Conditions Northwest intersection of North Landing Road District 7 Princess Anne October 11, 2006 CONSENT Janice Anderson: The next matter is agenda item #4. It's the application Princess Anne Shoppes for Modification of Conditions that were approved by City Council in 1994 and in 2004 on property located at 2484 North Landing Road, and this is in the Princess Anne District. I see a signal from Mr. Bourdon. He's coming. Eddie Bourdon: Thank you Madam Vice Chair, and for the record, Eddie Bourdon, a Virginia Beach attorney. I'm representing Dr. Patrick and Dr. Lane Brett, the two veterinarians who are the applicants here. I wanted to provide this to the Commission. I'll give it to Mr. Weeden. It's a letter of consent from all the other unit owners in the condominium that they all consent to this change for their veterinarian practice to be placed there. They also, and I want to put on the record, own the Birdneck Animal Hospital. It is a 24 hour facility so there is no chance there will ever be any animals kept here other than for an in and out services. Janice Anderson: Thank you Mr. Bourdon. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Al Henley to review this one. Al Henley: Thank you. The property is located on the northwest corner of North Landing Road and George Mason Drive. This application for a Change of Zoning from AG-2 Agriculture to B-IA Limited Community Business District was granted by City Council on March 9, 2004. The staff recommends approval on this request. The Comprehensive Plan recognizes this site to be within the Transition Area of Princess Anne. The land use planning policies and principals focus strongly on promoting this area as a well planned, low density, fiscally sound and desirable destination for people to live, work, and play. The staff's evaluation of this request reveals the modification of these nine proffers is reasonable and will not change the consistency of the original zoning proposal of the Comprehensive Plan recommendation for the area. The use remains compatible with the adjacent business areas, therefore, the Planning Commission recommends approval on this application. Thank you. Janice Anderson: Thank you Mr. Henley. Mr. Chairman, I have a motion to approve the following agenda item for consent. It is agenda item #4. Barry Knight: Thank you. We have a motion on the table. Do I have a second? Mr. Henry Livas has seconded it. Is there any discussion? There is a motion on the floor to Item #4 Princess Anne Shoppes Page 2 approve the consent agenda item by Jan Anderson and a second by Henry Livas. I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KA TSIAS AYE KNIGHT AYE LIV AS AYE RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item #4 for consent. 1t- L{ Q t2-l ~s A1'J~ ') ft ~q p~ It)llll t)b CONSENT I/We, the undersigned owner(s) of Unit 10/ . Princess Anne Shoppes - "Condominiums, hereby state that IMle have no objection to the use of Unit 106 as a veterinary clinic. This is based upon the representation thatUnit 106 will be used for "outpatient treatment of animals" only, and will not be used to board or kennel animals Overnight. Furthermore, the veterinary clinic will be responsible for daily removal of any and all animal feces that accumulate from the pets of its customers, and for any damage to the common areas. Date: $/1/0 t. BY fl/Li~O ". . ~ Address: %/:J17 6c.Eiirw... ~'lhCuV A-VF'. tJ,4- ~d u*' :;)..~,,~ / ~ ,,_ I ,~ . ~4 ~ A 5\{\Q1)BJ l b II II DC, CONSENT IM/e, the undersigned owner(s) of Unit lp'+.Princess.Anne Shoppes . . -'COndominiums, hereby state that IN-Je have no objection to the use of Unit 106 as a veterinary clinic. This is based upon the representation that Unit 106 will be used for "outpatient treatment of animals" only, and will not be used to board or kennel animals .overnight. Furthermore, the veterinary clinic will be responsible for daily removal of any and all animal (eces that accumulate from the pets of its 'customers, and for any damage to the common areas. Date: BY . -/ ~ 1-If/51; tD( . . 'fill', Print Name Address: t:b(,v, ~I ~Vl-.. . C rn~-{y,^-".J- --Yl crq~1t I \JJ- ~~'505 BY P.rint name Address: SEP-15-Z006 02:48PM FROM- 757';'422-6371 T-457 P.DDl/D02 F-752 -1 ~ OA- ~}(~P~ \D(q I DC, CONSENT . r. UVVe;the undefSign~owner(S)of UnitlC18. Princess Anne ~hCJPpes Condominiums, herebystate,that 'Me, have nOObjedi()i't to the Use 'of Ur'ift10a as:a veterinaryclinjc. This is, based upOn therepresentafiorfthat Unit 11:t6'winbe used forllQutpt1tienttreatment9f animals"'Qnly,andwiIJ not beu~edto boa~ot kennel animals ovemigbt.Furth~rmDre, the-veterinaryelJnlc will be responsible for daily removal of,anyand all anim.al feces'thataccurnulate'from the pets of its customers,andfOl" ahydamageto.the commor; a~s; Dam: 1fDO~ gy 8t:L!..\\~"'~._' ~_VA '-j p&.;t-- ~- Address: BY Print name Address: L-- . 1i ~ ~ A C,H~~~~ toll(\ D~ CONSENT I/We, the undersigned owner(s) of Unit J 09 ,Princess Anne Shoppes Condominiums, hereby state that IMle have no objection to the use of Unit 106 ..as.a veterinary clinic. This is based upon the representation that Unit 106 will be used for."outp~tient treatment of animals" only, and will not be used to board or kennel animals overnight. Furthermore, the veterinary clinic will be responsible for daily removal of any and all animal feces that accumulate from the pets of its customers, and for any damage to the common areas. Date: .5-f~ 5, 0(, ,==. BY~ 9: :4-~~ o . 'l....,.~ - ~ ".1 J"U,U\ 0;... \.} . ....\ rv \ a."'--=> Print Name Address:.~S\.1.irbV\. Uvm~DY" . . .\ __L..or~,v'A- :;l.doq.j ~~~ JbSe A- ~qh10~ Print name . Address: '114 6'/ k;rbt,L;~Jo.,I,g 1H~ L<<hn · ifJ .zz,,~;, . ~ ~ ?,A ~ 1~ \)Q ~ G:i I ~\ II ~ b6 CONSENT IrNe. the undersigned owner(s) of Unit /10 . Princess Anne Shoppes Condominiums, hereby state that IM/e have no objectioflto the use of Unit 106 a.~a veteri.nary clinic. This is based upon the representation that Unit 106 will be used for "outpatient treatment of animals" only rand" will not be used to board or kennel animals overnight. Furthermore. the veterinary clinic will be responsibJe for daily removal of any and all animal feces that accumulate from the pets of its customers. and for any damage to the common areas. Date: aLL Z;'l2~ BY i/;W i ~ / L"c.. ~~e~ tZ:u4? BY Print name Address: ~ L-';,."""","_ ..,. . - -~,~~~~.~..~~.~- ._a ..........,..,..,.ii1 ,u.~J..G:) ~.c q~ QA ~ti\QV~ l Dltd (ip CONSENT lNIe, the undersigned OWner(s) of Unit J , I . Princess Anne Shcppes CondaminiUms, hereby state 1hat LWe have nO objection to the use Of Unit 106 as a veterinary dnic. This is based upon the AlpA!8entatlon ~ Unit 106 wit be used for -Olltpatfent CJeahllwtt of anrrnaJ$- only. and Will not be used to baard or kennel anmafs overnight. Furtl1ennore. the veterli'lal'y clinic wiD be r8Sp0nsible f()J'daily removal of any and aft anmaJ feces thal.ac:cunutate from 1M pets of its customers, and fOr any damage to the ccrnmon area Dale: ~ S~ Zoot. BY?f/a.-.. ~,~ 1h.g.A.-r\L Alto iLVz..-\-\- PdntNsme Address: Z lJ If .., A}Q~. ~ .. .U~ &.~ 1 vA- 'Z.~~'"( BY h~'~ frJR~ "D2-\,- (" 4- ~ (.\.RA+ Print lJame Address:~gCf't Nc^-K~~ ~yJ V 4. h .l>..tr,A" ^ vA z:~ 1t'~-7 .. ) . Ji... L.__.X___ .it~ 9/t 'SN\RV~ I b\ (( I ~ CONSENT RECEIVED 'Aur: 2 n ~P:J~ "I . V'bI "A......- I BY. POWELL MGMT. ASSOC. l/'INe) the undersigned owner(s) of Unit I J~ ,Princess Anne Shoppes - ; Condominiums. hereby state that l!We have no objection to the use of Unit ,106 asa veterinary. clinic.. This..is based upon the representatlon that Unit 106 will be used for "outpatient treatment of animals" only, and will not be used to board or kennel animals overnight. Furthermore, the veterin.ary ~finic will be responsible for daily removal of any and all animal.feces that accumulate from the pets of its customers, and for any damage to the common areas. Date: BY 'fJ0d) p411 / ~!,p,-, Pll.lY)eJ lL WI II ) 11 ~ , Print Name ~ Address: J~~~ 1)1.' ~radJ~9 ReI ~"L \r It. IJ ~ a. ~ If,J)' a..J'/St.o BYt~ --J' l\ .. ~ ~ .- ~ ~ r. p\..~ \.. Print name Address: 2 <I ff"t AJ ~.. 1.;,. ~ 1'I"J VA .Kon~L.. VA L '5~<l. . .,".",~"J,~~~~,~,~,~_, '_ '# ~ ~A SN\Q O[j lD( td ISh CONSENT. I/We, ~e undersigned owner(s) of Units 114 and 115, Princes~ Anne Shoppes Condominiums, hereby state that If\Ne have no objection to the use of Unit 106 as a veterinary clinic. This is based upon the' representation that Unit 106 will be used for .'otJtpatient treatment of animals. only, and will not be used to board or kennel an'imals overnight. Furthermore, the veterinary clinic will be responsible for daily removal of any and all animal feces that accumulate from the pets of its eustomers, and. for any damage to the common areas. COURTHOUSE DENTISTR. L.C. Date: ~ ' 17- 0 (0 BY . Address: V;e-. ~ >_ (, '-12. 2 ~C( ~- J , . .-..-. ~-... .'-.-.. --.... - ..- ~ CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6564 DATE: October 31, 2006 TO: FROM: Leslie L. Lilley :\ ~~ B. Kay Wilson DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Princess Anne Shoppes The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 14, 2006. I have reviewed the subject proffer agreement, dated July 25, 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/als Enclosure cc: Kathleen Hassen PREPARED BY: ~m SYKES. ROURDON. mil AHffiN & llVY. P.c. ,.~n__,,-'"~~ FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS PRINCESS ANNE SHOPPES, a Commercial Condominium by PRINCESS ANNE SHOPPES OWNER'S ASSOCIATION, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 25th day of July, 2006, by and between PRINCESS ANNE SHOPPES, a Commercial Condominium by PRINCESS ANNE SHOPPES OWNER'S ASSOCIATION, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantors are the owners of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, designated as Parcel Bl containing approximately 3-4 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference said property hereinafter referred to as the "Property"; and WHEREAS, the Grantors have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify a condition to the Zoning Classification of the Property; and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered Agreement dated December 22, 2003 (hereinafter "2003 Proffers"), to reflect amendments applicable to the land use plan on the Property; and GPIN: 1494-81-1533 1 PREPARED BY: I3IB SYUS. ROURDON. m AlIIDl & liVY. P.c. WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer number "9" in the 2003 Proffers is amended to read: The Property shall not be developed for or devoted to any of the following uses: (a) (b) (c) (d) (e) Business and vocational schools; Funeral homes; Grocery stores or convenience stores; Marinas; Mini-warehouses; 2 PREPARED BY: 113m SYJ(IS. ROURDON. mil AYfRN & tM. P.C (f) Animal hospitals, pounds, shelters and commercial kennels, provided, however, that veterinary offices which provide only outpatient treatment or services, with no overnight boarding shall be permitted. 2. All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200403160042878, save and except, Proffer 9, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantors, their heirs, personal representatives, assigns, tenants, and other successors in interest or title. The Grantors further covenant and agree that: All references hereinabove to the B-1A District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed 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. (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, 3 PREPARED BY: ~ SYI([S. ROURDON, _ AHrnN & LM, P.C including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Princess Anne Shoppes, a Commercial Condominium By: Princess Anne Shoppes Owner's Association, Inc., a Virginia corporation by North Landing Development, L.L.C., its President By: /:)/~d)~a Brian Camden, Managing Member ~ (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this:tb k day of , 2006, by Brian Camden, Managing Member of North Landing vel pent, L.L.C., President of Princess Anne Shoppes Owner's Association, Inc., a rgin' corporation, Grantor. My Commission Expires: V!~ u/ro PREPARED BY: ~m sYns. ROURDON. m AIlrnN & 1M. P.c. 5 PREPARED BY: ~ S'fI{J;:S. ROURDON. m AHfRN & LM. P.c. EXHIBIT "A" All that certain tract, piece or parcel of land, situated in the Princess Anne Borough, City of Virginia Beach, Virginia, designated as Parcel B1 as shown on that certain plat entitled "SUBDIVISION OF LOTS A & B SUBDIVISION OF BREWER PROPERTY", Scale 1" = 100', dated March 26, 1994, made by Kellam-Gerwitz Engineering, Inc., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 238, at Page 79, together with a perpetual non-exclusive easement designated "Cross Access Easement for Lots B1, B2 and B3", as shown on the aforesaid plat and a perpetual non- exclusive easement designated by "10' X 200' Private Utility Easement Hereby Dedicated", as shown on the aforesaid plat. GPIN: 1494-81-1533 ModConditions/Brett/PrincessAnneShoppes/Proffer 6 - 49- Item V-K.8. PLANNING ITEM # 53227 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of J. D. AND RANDI VOGEL for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF J. D. AND RANDI VOGEL FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL RECREATION FACILITY ROll0431205 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of J D. and Randi Vogel for a Conditional Use Permit for a commercial recreationfacility on property located at 2388-2400 London Bridge Road (GPIN 24059006930000). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 2. Hours of operation shall be 9:00 AM until 9:00 PMfrom Thanksgiving to New Years Day annually. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th of November Two Thousand Four Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 9, 2004 Map K-ll r<.'~e.c; ~,~,') t ~o S~~[~ AG-J .D.& · ~<~'AN I Randi Vo 'el o ,0 / Q~ / ~m / / .' '" " ''', Jf ~': ) ~~ . ~ .:w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of J. D. and Randi Vogel for a Modification of Conditions of a Use Permit approved by the City Council on November 9, 2004, to allow a new location for a seasonal display on property located at 2388 - 2400 London Bridge Road. DISTRICT 7 - PRINCESS ANNE MEETING DATE: November 14, 2006 . Background: Application of J. D. and Randi Vogel for a Modification of Conditions on property located at 2388 - 2400 London Bridge Road (GPIN 2405900693). DISTRICT 7- PRINCESS ANNE . Considerations: A Conditional Use Permit permitting a commercial recreational! entertainment facility was approved by the City Council on November 9, 2004. The purpose of the Use Permit was to allow a seasonal display between Thanksgiving and New Year's Day. The Conditional Use Permit allowed the facility to be located in an existing pole barn on the front portion of the site. The applicant is now proposing to build a new barn towards the rear of the site to house this activity. A new condition is recommended as part of the Use Permit to show the relocation of this activity on the property. The pole barn will be a pre-engineered structure incorporating a rural design. A photograph of such a structure is provided in the staff report. Staff concludes that there will be no adverse impacts on or off the site as a result of this action. The Planning Commission placed this item on the consent agenda because they concluded there will be no adverse impacts due to the relocation, staff recommended approval, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The relocation of the commercial recreational facility shall substantially adhere to the submitted plan showing the relocated pole barn entitled J. D. and Randi Vogel Page 2 of 2 "Preliminary Subdivision Plan of Site A-1, Princess Anne Hunt Club, Inc. for John Vogel" dated February 2, 1987, updated 6/8/9, prepared by NDI, LLC Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. I 2. All conditions attached to the Conditional Use Permit granted by the City Council on November 9,2004 remain in affect: a. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. b. Hours of operation shall be 9:00 AM until 9:00 PM from Thanksgiving to New Years Day annually. . 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 Manag~\ K. <ss &Y'L, J.D. & RANDI VOGEL Agenda Item 18 October 11 , 2006 Public Hearing "':~~P, {'-II Staff Planner: Karen Prochilo REQUEST: Modification of Conditions for a Conditional Use Permit approved by the City Council on November 9, 2004. ADDRESS I DESCRIPTION: 2388 - 2400 London Bridge Road. GPIN: 2405900693 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 12.96 acres SUMMARY OF REQUEST A Conditional Use Permit permitting a commercial recreational / entertainment facility was approved by the City Council on November 9, 2004. The purpose of the Use Permit was to allow a seasonal display between Thanksgiving and New Year's Day. The Conditional Use Permit has two (2) conditions: 1. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 2. Hours of operation shall be 9:00 AM until 9:00 PM from Thanksgiving to New Years Day annually. The Conditional Use Permit was for the facility to be located in an existing pole barn on the front portion of the site. The applicant is now proposing to build a new barn towards the rear of the site to house this activity. A new condition is recommended as part of the Use Permit to show the relocation of this activity on the property. The pole barn will be a pre-engineered structure incorporating a rural design. A photograph of such a structure is provided at the end of this report. "<, ),~ "'. J.D. &1BANDIV ~g~nda It , ':;"'. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Rural commercial SURROUNDING lAND USE AND ZONING: North: South: · Rural residential / AG-2 Agricultural District · Across London Bridge Road is single-family residential / R-1 0 and R-20 Residential Districts · Single-family dwellings / PD-H2 (R-5D) Planned Development District and R-20 Residential District · Rural residential / AG-2 Agricultural District East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resource features on the site. The site does possess some cultural interest since it its one of the few remaining agricultural complexes north of the Green Line. AICUZ: The majority of the site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. A small corner of the property is in the Greater than 75 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): London Bridge Road in the vicinity of this application is considered a four-lane divided minor suburban arterial as is designated on the Master Transportation Plan (MTP). There are currently no projects to upgrade this roadway. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume London Bridge 20,000 ADT 28,200 ADT (Level of Existing Land Use ~- Road Service "C") 1 00 ADT Proposed Land Use 3 - unchanaed Average Dally Trips 2 as defined by recreational activities 3 as defined by same as existing FIRE: Planned use is an Assembly (A-3). Compliance with fire and life safety codes found in the Building and Fire Codes are required. -,. .... ......... ..- '0<, J.D. &.(f3ANDI V~EL. ;~~ndalt <18 +."i:~ '...-.,."\"".-, EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this requested modification as conditioned below. Evaluation: This modification merely relocates an existing use from the front of this site to the rear of the site. Staff concludes that there will be no adverse impacts on or off the site as a result of this action. CONDITIONS 1. The relocation of the commercial recreational facility shall substantially adhere to the submitted plan showing the relocated pole barn entitled "Preliminary Subdivision Plan of Site A-1, Princess Anne Hunt Club, Inc. for John Vogel" dated February 2, 1987, updated 6/8/9, prepared by NDI, LLC Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department.1 2. All conditions attached to the Conditional Use Permit granted by the City Council on November 9, 2004 remain in affect: a. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. b. Hours of operation shall be 9:00 AM until 9:00 PM from Thanksgiving to New Years Day annually. 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 and Standards. 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. X ,l I~ ;i I, ~i ~~ .' - \ .~-. "..:':,:'- ~-,-~;"~:',-,i-, -----.,,,,, __ __:.0...-- " ... ..1 " ., -- . '~I " \ '" ~-:"'~:::-~ . . 1\' " -~, I 1 ~ ~ \ l!...j ~ ~ I I , I I \ I I ...\ I , \ . \ . ~ ." ., i I \ I I , I \ 1 I . \\ I . I ' j' I i I 1 \ ,:, ..\ ~ ~-.. ~~--~:~:; ,~ I I . t'l~" Ii t 'I! I. ~ ' I.. o:'i ;p~/ 1i !; 'J ',1,.1' ' iiil . ~ ~ili . i;'l . f .' '.1 ), z . ~ " i Z; i. ~ 1. ~i' ~ a a:, !' o . ..-, f o i ~I '1"- .N!~~'I~ -u ~ j ~~~ ~ _ _ f:! 1:" -I 3 a j '" !l.. . ii . m~ ~~i! ii:: a ": ~ I . I . I:!; . ~ !lll. .j-i 'Ilf"'.. I'. h! I i. · ," ;;41 'i ' a thlll. .., < e ~ ~' '" .3 f\ :i i I i '& ! ~"':"'=---:--. ",:-,,.!- - ~""".~.< ',. . ! . . .i ~ o .. 2 ~ " ;. . ... J J.D. PROPOSED SIT PHOTOGRAPH OF PROPOSED J.D. 0'''''''' / "" ,/.x.,~....., ~75' ~")Y(/ ""'" ',' ,;' ">.-". "', <>. ""'"""" At--.t..." u~J """"'".~... / ~ /""", ./ /' ,0 / , 00 / " <<:n.' ..~ , / Randi Va -el t) / .r '''''' {$;I:~ 1 04/12/05 I Subdivision Variance Granted 10/22/91 I Conditional Use Permit (Recreational and amusement facilitv) Granted 01/28/85 Conditional Use Permit (Addition to a kennel) Granted 2 11/09/04 Conditional Use Permit (Commercial recreational facilitv) Granted 04/12/92 Conditional zoning from AG-2 to B-2 Granted 3 OS/23/00 Conditional Use Permit (Recreational of an outdoor nature) Granted 4 08/25/92 Conditional Use Permit (Truck rental) Denied ZONING :*~ 'i!P'> ~-~""5'~ ,N v~-<-"'- '" It ~ bJ :E ~ I ~ bJ l'r ;:) (I) 9 o (I) 6 SNOIJJaN03dONOLLVJItII(lOI~' Ii ~~<l i1;,J "'-!1 .8 ~1II ;:;:0'" 5l~8 00;0 :&!a.~ ~o iiif alsig Ili~' ~-Bi 11th i <a~r) E ~~'- ~ ~ g ~~;; ~ ,:=& 7i'~ ,.r; hri~ "I !l~g ~ ~Jfllll .g'~ j~ *H a-f ~2~ I.... i;: l oj iti ! .ii t.~ il~" - eu ~~- iil I.r! e -'I ."h iH fll!!'" ::.ij 'Ii ..<I) iU 1li.....i~.' .~...~ :!.'I 1;;;, ~'.~ . , '-e '; I!! - " rJ 5'" <'l .. .,; .g.~~ 1: i:f~ ..:::",.;;g ",...g :e,g=,'~-,#.~g8 e; cJ,)$!S '1i " i!l"8"'~""'!_~ -" =i!l:-li!!- i g'~ ~ aI : = : g'~- ::~~!a1!~'~~,V$ ~~...'O_o<::?o;; - st._.,,,,...,.... e ~. tt ~o u ~ 'g s ~..! 9-tW~.=i~.z:.g.s ~:;: 8:~-!~: ~'O 2J::C:""",C)J:)"'a!~et1 ..~ "1""""'" ~ l: ,5 c: _ := E ~~ :5 -"i~li'OE,..V ~:: &&t!8iic ~.i"'~J..llll.l!!~ U,ie Q.~"~E . ..]"\! h~5~ t:51l!!!,o:!l"ll<5 i!s..ri~ e ~jf'lll .gjr.:-"}'lO":!l!O s, '~-"-~15 e..o..J e b~5i~~S.s!1 f ~ ~,.-s ,.;s- '~~. Q &: .. ~ : ill .$..is !! ]I :'. =. ~:J,~~ 0 ~~ ~&,; ',8:<;"53.. '.. c:j~"!E ~ i!!1;;" .5~_n"-1~.. ~1 ~~'~i~ :: fL! ...."~15,..&"&" ;!'o.o1Jii,.,i....* ... _& ~"t: c:: c: o.1t t ~ s = u. : ~: .. ~' ..;; ",_.10.,;..,.. ". i"'o <lie -... ~<> j .- "" ." "i!'!'.. 5i" ~ '? a's ~~L.6~..5 !~~ I II If · ~ ! I I i ~ ~f! I~ Q' j f wli ~ {I)..~ ~ ~ !.~ ~ ~~):B "I.... 0 - ~ - Q 01 - 0 _. ; I "[ ~I! :I"~I } ~ g ~ t ~I~i"l! lo~:M ~- I w-~. I~f !~ Ii ~~ ~I!li I Il!fil [i III U Irfii =tdl 1 1:1 ~ i JUt! ~t IU iJiU ",,13..: "N !o !""g..: NOLLVJfiddV SNOIJJaN Ie "'" ci. ~ ~ 'i ~~~ $o~ ej" i,,! j " 11 I -? i <l> :5 .E ",. -; ill .E J.D. DISCLOSURE STAT&M "c"< '"'r Item #18 J.D. and Randi Vogel Modification of Conditions 2388 - 2400 London Bridge Road District 7 Princess Anne October 11, 2006 CONSENT Janice Anderson: The next matter is agenda item #18. That is the application of J.D. and Randi Vogel. It is for a Modification of Conditions that were approved back in 2004 on property located at 2388 - 2400 London Bridge Road in the Princess Anne District. Mr. Gambrell. Bill Gambrell: Ms. Anderson, again, Bill Gambrell for the record. We, of course, have reviewed the conditions and find them quite acceptable. Again, we appreciate being on the consent agenda. Janice Anderson: Thank you. The Chairman asks again that Mr. Henley review this application. Al Henley: Thank you. The property is located at 2388 - 2400 London Bridge Road. The Conditional Use Permit permitting a commercial recreational/entertainment facility was approved by City Council on November 9,2004. The purpose of this use permit was to allow a seasonable display between Thanksgiving and New Year's Day. The Conditional Use Permit with the two conditions. The Conditional Use Permit was for the facility to be located in an existing pole barn on the front portion of the site. The application is now proposing to build a new barn towards the rear of the site to house this activity. A new condition is recommended as part of the Use Permit to show the relocation of this facility. The staff recommends approval of this particular application. Therefore, based on this information the Planning Commission recommends approval of this application. Thank you. Janice Anderson: Thank you Mr. Henley. Mr. Chairman, I have a motion to approve the following agenda item for consent. It is agenda item #18. Barry Knight: Thank you. We have a motion on the table. Do I have a second? Mr. Henry Livas has seconded it. Is there any discussion? There is a motion on the floor to approve the consent agenda item by Jan Anderson and a second by Henry Livas. I'll call for the question. AYE 9 NAY 0 ABSO ABSEl\T'f 2 ANDERSON AYE Item #18 J.D. and Randi Vogel Page 2 BERNAS CRABTREE HENLEY KA TSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE AYE AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item # 18 for consent. & ~) . > - -> "',I olUll:io;"~j..ft CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Abounding Grace Assembly (Pastor Warren E. Singleton) for a Conditional Use Permit to reuse an existing building at 5105 Princess Anne Road for a church. DISTRICT 2 - KEMPSVILLE MEETING DATE: November 14, 2006 . Background: Application of Abounding Grace Assembly (Pastor Warren E. Singleton) for a Conditional Use Permit for a church on property located at 5105 Princess Anne Road (GPIN 1466880452). DISTRICT 2 - KEMPSVILLE . Considerations: The applicant requests a Conditional Use Permit to allow use of an existing building for a church. The building was previously a one-story day care facility with a paved parking area in the front yard and a fenced-in rear yard. No day care is proposed in conjunction with the proposed church under this Conditional Use Permit. There is adequate parking for the church on the site; however, the applicant has made arrangements with the owner of the property on the west side of Downey Drive to utilize the parking lot on that site as overflow should it be necessary . This site will be impacted by the future road improvements to the Witchduck Road and Princess Anne Road intersection (Princess Anne Road will be relocated through the site). The applicant is aware of the impact and understands that the use of this site for a church is only temporary. Condition 6 addresses this understanding. This proposal is in conformance with the Comprehensive Plan's guidance for the Primary Residential Area. The church will occupy a site that has been previously utilized for a use that provides a needed service to the surrounding community. Thus, use of the site for a church is consistent with the established land use relationship that already exists. The proposal is compatible with the adjacent neighborhood. It is a relatively small congregation, currently at 35 members, that will provide a good low-intensity interim use for this currently vacant building. The applicant was very aware of the future roadway impacts to the property prior to submitting the Use Permit application, and thus, has agreed to the provisions of Condition 6. The Use Permit will terminate at the time the site is acquired for the construction of the relocated Princess Anne Road. Abounding Grace Assembly (Pastor Warren E. Singleton) Page 2 of 2 The Planning Commission placed this item on the consent agenda because the use is appropriate for the site, staff recommended approval, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. Prior to the issuance of an Certificate of Occupancy for the building, the applicant shall comply with all applicable City Code requirements and standards pertaining to building codes and fire safety and suppression necessary for the change of use to a place of assembly. 2. Church attendance at any church service or function shall not exceed the number established for the building by the City Fire Marshall. 3. The Zoning Administrator shall administratively review the Conditional Use Permit on an annual basis. 4. Hours of operation for the church office shall be limited to Monday through Friday 9:00 AM until 5:00 PM. 5. Church Bible study classes and services shall only be on Wednesday evenings from 7:00 PM until 8:30 PM and on Sundays. 6. Termination of the Conditional Use Permit shall occur at the time this site is acquired by the City of Virginia Beach or the Commonwealth of Virginia for the construction of the relocated Princess Anne Road. . 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:~ IL · '8:Y~ ~ ABOUNDING GRACE ASSEMBLY Agenda Item 21 October 11 , 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for a church. ADDRESS I DESCRIPTION: 5105 Princess Anne Road. GPIN: 1466880452 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 23,536 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow use of an existing building for a church. The building was previously a one-story day care facility with a paved parking area in the front yard and a fenced-in rear yard. No day care is proposed in conjunction with the proposed church under this Conditional Use Permit. This site will be impacted by the future road improvements to the Witchduck Road and Princess Anne Road intersection (Princess Anne Road will be relocated through the site). The applicant is aware of the impact and understands that the use of this site for a church is only temporary. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Developed vacant site with existing building and parking SURROUNDING LAND North: . USE AND ZONING: South: . East: . West: . Across Princess Anne Road are Yoder Dairy and a car sales dealership I B-2 Community Business District Single-family dwellings / R-1 0 Residential District Dentist office / 0-2 Office District Across Downey Street is a car sales dealership / B-2 Community Business District ::i "'.~~, ' ; ABOUNDING GRAOEASSE ~gEmdalt. """ .,,'-.,J NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is developed with a one-story building, paved parking, and a playground, with a few trees and grassy area. No known cultural or historical 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) I CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The Master Transportation Plan proposes a divided facility within a 120 foot right-of-way. A Capital Improvement Project is slated for this area (CIP No. 2-048). The project involves the reconstruction of the Princess Anne Road/Kempsville Road/Witchduck Road intersection to increase the capacity of the intersection in order to meet future demands and eliminate current congestion problems. Construction is scheduled between 6/2008 and 6/2010. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Princess Anne 29,881 ADTT 14,800 ADT (Level Existing Land Use 7 - 396 ADT Road of Service "C") Proposed Land Use 3 - 77 ADT 22,800 ADT 1 (Level 17 Sunday peak hour vehicles of Service "D") / ( entering) capacity 15 Sunday peak hour vehicles 27,400 ADT 1 (Level (exiting) of Service "E") Average Dally Tnps 2 as defined by day care 3 as defined by church WATER: This site has an existing 1-inch water meter (Meter #55750105) that may be used or upgraded. There is a 12- inch City water main on Princess Anne Road. 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 8-inch City gravity sanitary sewer main on Princess Anne Road. There is an 8-inch City gravity sanitary sewer main on Downey Drive. FIRE: To be occupied as a place of assembly, additional building code requirements must be met in regards to fire protection and the means of egress. A Certificate of Occupancy must be obtained from the Building Official prior to occupancy. Fire code permits may be required at time of occupancy; contact the Fire Department for permit information. , ,".."',.... .. .. .... ,,"",':;~; -,.., .... c.- " ',.C,__,.'_,_,_, ',. "_.'.' ABOUNDING GRA6EASSEMbLY "': :"--' -,".. ",-,.'.'-." ~genda It . 21 2 EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Evaluation: This proposal is in conformance with the Comprehensive Plan's guidance for the Primary Residential Area. The church will occupy a site that has been previously utilized for a use that provides a needed service to the surrounding community. Thus, use of the site for a church is consistent with the established land use relationship that already exists. The proposal is compatible with the adjacent neighborhood. It is a relatively small congregation, currently at 35 members, that will provide a good low-intensity interim use for this currently vacant building. The applicant was very aware of the future roadway impacts to the property prior to submitting the Use Permit application, and thus, has volunteered to undergo an annual review of the Conditional Use Permit. The Use Permit will terminate at the time the site is acquired for the construction of the relocated Princess Anne Road. CONDITIONS 1. Prior to the issuance of an Certificate of Occupancy for the building, the applicant shall comply with all applicable City Code requirements and standards pertaining to building codes and fire safety and suppression necessary for the change of use to a place of assembly. 2. Church attendance at any church service or function shall not exceed the number established for the building by the City Fire Marshall. 3. The Zoning Administrator shall administratively review the Conditional Use Permit on an annual basis. 4. Hours of operation for the church office shall be limited to Monday through Friday 9:00 AM until 5:00 PM. 5. Church Bible study classes and services shall only be on Wednesday evenings from 7:00 PM until 8:30 PM and on Sundays. 6. Termination of the Conditional Use Permit shall occur at the time this site is acauired bv the City of Virainia Beach or the Commonwealth of Virainia for the construction of the relocated Princess Anne Road. 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 and Standards. 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. " '-".v':'-:: ABOUNDING GRAoe;ASSE "~g~ndalt. . /::,:,,>::-::'::< ABOUNDING AERIAL OF SITE LO~ ~. r,;'>:.".~:,.f(,_, . .( It> ; ~i... , ,,'-' , "'"". . ,j ,j" ~:-"'. ( i~""':\)',h"" - i} -/ ~,l. _, hm./ ' ~- /. 'f~ ! ~ ,; ~~; :<!d :: !~ ~ L~ ir:~~ .~::r~lk. :::!r.r~ GiS! t tt:' Z.. ... . !il~- c i~ '14..: ... It i~~! ~ ~ '!i' : 'li 1'"; . "'8 'i;~~' ~. r.~.l ~ ~l' &_. ,~-. 1"1" f' ~ ~=' !~ ..~"";,:a~ ." '-~m ~giib~ . . . . ! ia $ ~ ~ i\.., '1 L.~ ,;~i! t :. :'i .. ;; ';;; i H h~ ; . ~ Q~ : ! ! ~. . .":3 id~ I; D ~~ i g~ f:! ~i Ii NoC .." tjeil ~gs ~~ ~ ~:::fIf~1 0 ~ ~.~ ~ El .J: .~ Ii ~Js~ :~~ ! j ~.t ; u ~ z ~~~ ~~~ " ! HI: ! ll! h~~ ~~l:T ~ Sf" ~ kJ i:loV ......v ",:. : ! ~,~ ~ \~~ ~~~s:: : I,' I' 'f!.'W 0 ;;~it'- \oil u;> f' \ :! g ,P: '\...J ": ~ -$ ;1' .. ~ ~.ii l ;. ~;. i l~ h ., ! ~1.;1' 'i: i I ---". '~~"".'''~';!''~k~~:'- ,--~-=--~ ,:.:---" , . .-:~ . ~J\,:~ _. . ..~.;.m..;m :-l...~~[.~r "IIJ .I !J h r : i i ' ~ 1 T I ~. ! ;;61 ;: _. .,",. 100 I""....'.. f i Yii . J I . 1 '~fJ- t-r ". tl I ,I I" I d J '. i! 1 ':': : l'll ~ I ': II \! H~I . Hl!l ~ I,ll II ! ~ ~ ~lLj Ii ; .~l~~: Jtr':! B . 1 : ." , I ./., .~. ,! i' . . iii !! .'i\i . 'Ii' :"!" 'I' !t! :\1 -- \ " \ ~ \ 1-.; I. ~ J~.~ . ! .. . . '" . ?~ .,<~::' T i , i ! i -~i-u j" ' " 'I .,r f t "-, " , , , , . tj{llt"J ~: a~ i ...! ~ f ...it=. .. '. .... ~~ t{""'" .,...., :?>..'>:". ~ 'idJ~s _" .' -o''''*~J,,~~ Iii rodl; . ~,,,~,,,... Ii //1 iff " II! ... il/, ~'1 -..~.~~~'!, ./~! " 1 " ,.~ ""! .-J U! ! PROPOSED SIJ~,:t?:tAft::.4L :y/: ,,-~>-, ^ t-y >.~-;c '~"<: . <;;,.;;); ~k. /<. .~;, ABOUNDING GR~~~ASS~ ~~9al !iz,,-,, \"" ,7 ~'<:...;,.pW,";l;"';:;^" -f' V ;.j";;,:.'~"',-;:::~.~,,,^, ABOUNDING GRAO:EJASSE -",. '. .' :-..~.,. -" " ". ,- f9~n9alt . -"'" -, "-. - ^,' "-, "'.' ,,~;i + i\'~t "::;';~;~:;-;;:,;; :~;\; .' " *', '... : ~ ".' ' ~""' . ""'\.-' PHOTOGRAPH OF BUILDING EX~ $-!~'~~ Abounding Grace Assembly (Pastor Warren E. Sin leton) 1 OS/27/03 Modification to Proffers Granted 12/07/99 Conditional RezoninQ from B-2 & R-5D to B-2 Granted 2 12/12/88 Conditional RezoninQ from R-10 to 0-1 Denied 3 03/24/86 Conditional Use Permit (Auto Repair) Granted 4 08/27/84 Conditional RezoninQ from R-5 to 0-1 Granted 5 08/29/83 Conditional RezoninQ from R-5 to 0-1 Granted 6 03/21/83 Conditional RezoninQ from R-8 to R-9 denied ABOUNDING ., Cii '0 ~~ . l!!! ~ ~S .l!! >. ~ !"n"'" ~fl~ ,g:e~! ~~$~ j!.= i.. l; 81 c: ~ il llI~i) _I .iJ!............~.. i ~ - .~.. .......1 . .' a. jD J. i.. e -~ . '.~~ ; ~...:S! ~I - f-= :: l \ i I~ Ii II !l n j .. ~~ ~; ~ <> i~ i~ ! .g"",~ .c,,(: ;E~ i!:: I !~ IIJ '1 ~J :50> I ~= ~ .f/'J.c. l ~~ ~ c ! ;; ,9- I ",.z::: ..0- c: [" ~~ ..!?"i -'~ '" I I 5 II !I l~ l~i i -"'<. e I t wi'.......:, ~ !.. c:: !;.,~ '" ';? I ~ i~ .I"o~ .: I!. 0-' JB:i. "l: If UifU II It 11!!~i$i jijttii) I t I 1.ill~l~iJ~! i j. a. If ~.- <II j !.-.s ~, i tlCi,:! Ig f.I ... I IU Uti II Iii f.!J AI I t.l Q -= 7j!'! I Cl O:!:o Q, ~ ~ .. .. ~ '0 ::> &J ...... .. ~ S~ ~! -~ i_ :;;"'" ~i t~ "'~ l~ , iJ 'I.!.-t I'" ,-1; I ~.c 1% I...~.;. I 1.0"" I '=1 Iii 'j i --:,.,;1 1 iN,%', 1 g -= ci: l: '" (; C t '" Q. c: ,2 "i is i~ :~~ .. f j .. j ~ Cl!. OJ ~ l '~ { :> e "0 G) it<' ~ u Cli ~ ><I~ o o,@ r'l ~~! '\ir- ;~i <:oS'} ilt 81::: DISCLOSURE STATaf ~,).<';'"" ABOUNDING GRA .;; Item #21 Abounding Grace Assembly (Pastor Warren E. Singleton) Conditional Use Permit 5105 Princess Anne Road District 2 Kempsville October 11, 2006 CONSENT Janice Anderson: The next matter is agenda item #21. It's the application of Abounding Grace Assembly and it is for a Conditional Use Permit for a church on property located at 5105 Princess Anne Road in the Kemspville District. Welcome. Diane Rowe: Thank you ma'am. My name is Diane Rowe and I represent Pastor Warren Singleton and the Abounding Grace Assembly. We thank you for allowing us to be on your consent agenda. We have reviewed the six, which the number six was included today and we do agree with them. We thank Ms. Prochilo for her support during this process. Janice Anderson: Thank you very much Ms. Rowe. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Mr. Livas to review this please. Henry Livas: This request is for a Conditional Use Permit for a church. The applicant requests a Conditional Use Permit to allow use of an existing building for a church for approximately 35 members. Although the building was previously utilized as a day care facility, this request does not propose any day care in conjunction with the church. The applicant is aware that the use of this site for a church is only temporary since Princess Anne Road will eventually be relocating through the site. Consequently, the Zoning Administrator will review this Conditional Use Permit on an annual basis. Therefore, we recommend approval of this Conditional Use Permit for a church. Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I have a motion to approve the following agenda item for consent. It is agenda item #21. Barry Knight: Thank you. We have a motion on the table. Do I have a second? Mr. Henry Livas has seconded it. Is there any discussion? There is a motion on the floor to approve the consent agenda item by Jan Anderson and a second by Henry Livas. I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON BERNAS AYE AYE Item #21 Abounding Grace Assembly (Pastor Warren E. Singleton) Page 2 CRABTREE HENLEY KA TSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item #21 for consent. ".'.,,/,.,.',...... Page 1 of 1 Karen Prochilo From: Bradley [skippie19@cox.netJ Sent: Monday, October 02,200610:23 AM To: Karen Prochilo Cc: brad ley Subject: BOUNDING GRACE ASSEMBLY, CONDITONAL USE PERMIT OCT 2,2006 Dear Ms. Prochilo and Zoning Board, As a neighbor of the now empty Childrens World Learning Center on Princess Anne Road, we are very concerned of the use of building for a church. Though the permit states a maximum of 35 members, all churches and organizations grow in membership, that is how they raise funds. I am sure they will have some celebrations, and holidays, where congregation members ""ill bring guests, and then we will have more than the permit allows, and more vehicles, with no parking spaces. The building houses 15 parking spots, but many times people travel alone, and that could bring up to 30 cars at one time. Where do they park? Downey Drive is the side street where we live, and it is narrow and cannot house street parking, or traffic running in both directions. . We have had numerous close calls, and accidents. when the Budist Church was functioning, I even had a car accident with them, because of all the traffic. During their occasions we needed an emergency vehicle, the street was too narrow and the police had to walk and make everyone move their cars. Downey Drive has two disabled families, and two autistic children, which makes the street prone for emergency vehicles to come thru. If overflow of the church were to park at the corners of the street closet to PA road, it would block Our views, and cause dangerous driving conditions. We want NO PARKING signs posted at the top of the street on both sides. There is a No U turn sign at the median of Downey and PA road, but it is blocked by an overgrown tree. There have been many near misses and accidents because people trying to pull into YOders Dairy. That tree must be cut and a bigger sign posted. Also required is a DEAD END SIGN for Downey Drive. We do not want heavy traffic, the street cannot handle it. The conditonal use permit states on Sunday Services up to 35 members, from 9-1 pm. That must be enforced and a written confirmation for overflow parking to be front of the Captial Mortgage Company and Dr Cherins office, giving permission for this church to use their parking spaces. Downey Drive neighbors are not pleased with this decision and between YOders Dairy, and new church, and the baseball field overparking, our street is being torn up, and neglected. The baseball field members, park many times aU over our street and block us in. This also must be worked out. If there is a basebaU game, and church, the traffic will be too much. i...../;[adley Steinberger ....24 Downey Drive Virginia Beach, VA 23462 CORVETTE MASTERS SUI PRINCESS ANNE ROAD VIRGINIA BEACH, VIRGINIA 23462 Odoher 2, 2006 Karen Prochilo Departmmt of Planning City of Virginia Beach Ke: Corulition Use Pennit for AhounJing Grace Assembly Dear Ms. Prochilo: I havetalketl with Diamu Rowe, (representative for Pastor Warrm Singleton of Ahou.nJing Grace Assanhly) in regarcls to the UPcomingO)JpUcation for CUP for chzuch use. I unJcrstaml this meding wiU take place on Odoher 11, 2006 with a jollowing meeting of dty council Jor J;.no.l approval 1 hereby give my pennissionJor parking in my location (ahove atltlress), Jor the overflow parking of attaufees if neetleJ on WeJnestlay evenings qfter 6 p.m. ami Sway's from 9am - 1:00pm The atltlrcss oj this atljf'.cent property is 5105 PrilUess Anne Roatl. IJ you need any other iriformation or coryIzrmationiij the ufmve, do not hesitate to contad me. Sincerely, ~Yv.z.-C ~ 157 57$ 81/S- Tom Payne Owner t .' ~;\.~r "i(hC! <" ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Bayside Christian Church for a Conditional Use Permit for child care in conjunction with an existing church located at 2224 Greenwell Road (GPIN 1479678710). DISTRICT 4 - BAYSIDE MEETING DATE: November 14,2006 . Background: Application of Bayside Christian Church for a Conditional Use Permit for child care in conjunction with a church on property located at 2224 Greenwell Road (GPIN 1479678710). DISTRICT 4 - BAYSIDE . Considerations: The applicant requests a Conditional Use Permit to allow construction of an additional structure on the property for the operation of a 6,700 square foot child care facility. Two programs are proposed for the facility: an after-school program with operating hours of 2:00 p.m. to 6:00 p.m. and a daycare program with operating hours of 6:00 a.m. to 6:30 p.m. The programs will only operate during the weekdays. Ages of children will range from 5 to 11 years. The anticipated number of children is a maximum of 40. Until the proposed addition can be funded and constructed, the existing church building will be used for the child care program When constructed, the proposed structure will be located to the north of the existing church and will be connected to the church via a breezeway. The exterior of the proposed building is depicted on the elevation as white vinyl with a brick skirt and a black shingle roof. While the architectural design of the proposed addition is not fully brick, it will complement the existing church structure. Additional parking and a playground area are also depicted on the site plan. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The Plan policies also support development proposals that fulfill a public need for compatible neighborhood support uses and activities. Quality daycare is an extremely important service for working parents. The proposed location close to Shore Drive will enable many in the vicinity, and likely within the adjacent neighborhood, to take advantage of convenient and quality daycare. Bayside Christian Church Page 2 of 2 The Planning Commission placed this item on the consent agenda, because the child care facility will provide a needed and desired service to this area of the city, the use is compatible with surrounding properties, and there was no opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. When the site is developed, it shall be in substantial conformance with the plan entitled, "Child Development Center," prepared by D. Cox, dated 6-10- 06, which has been exhibited to the City Council and is on file with the City of Virginia Beach Planning Department. A final site plan depicting the improvements depicted on said plan shall be submitted to the Development Services Center for review and approval prior to the issuance of building permit. 2 When the child care building is constructed, it shall be in substantial conformance with the elevation entitled, "Child Development Center, Elevations," prepared by D. Cox, dated 6-10-06, which have been exhibited to the City Council and are on file with the City of Virginia Beach Planning Department. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Manage~ lL,~e<"L SA YSIDE CHRISTIAN CHURCH Agenda Item 12 October 11, 2006 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Conditional Use Permit for child care in conjunction with a church ADDRESS I DESCRIPTION: 2224 Greenwell Road GPIN: 14796787100000 COUNCIL ELECTION DISTRICT: 4 - BAYSIDE SITE SIZE: 2.75 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow construction of an additional structure on the property for the operation of a 6,700 square foot child care facility. The hours of operation for the after school program are proposed as 2:00 p.m. to 6:00 p.m. The daycare facility proposes hours of 6:00 a.m. to 6:30 p.m. Ages of children will range from 5 to 11 years. The anticipated number of children is up to 40. The existing structure will be used for the child care program until the proposed addition can be funded and constructed. The proposed structure will be located to the north of the existing church and will be connected to the church via a breezeway. This connection is subject to approval the Permits and Inspections Division of the Planning Department. The concern is that fire fighting apparatus and other larger vehicles may not be able to pull under the breezeway as it is currently designed. The proposed exterior of the child care facility is depicted on the elevation as white vinyl with a brick skirt and a black shingle roof. Additional parking and a playground area are also depicted on the site plan. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Existing church and parking lot SURROUNDING LAND USE AND ZONING: North: South: East: West: · Single-family dwellings / R-7.5 Residential District · Fuel sales / B-2 Community Business District · Apartments / A-12 Apartment District · Single-family homes / R-5R Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The site is located within the Chesapeake Bay watershed. The majority of the site, other than the church and parking lot, is grass field with a few trees. There does not appear to be any significant environmental features on 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) I CAPITAL IMPROVEMENT PROGRAM (CIP): Greenwell Road is a two (2) lane undivided local street. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Greenwell No Data No Data Available Road Available Existing Land Use 2_ Shore Drive 34,495 ADT T 17,300 ADT I (Level of 323 ADT (Sunday) Service "C") - 31 ,700 ADT Proposed Land Use 3 - 1 (Level of Service "E") 179 ADT Average Dally Tnps 2 as defined by a church on Sunday 3 as defined by 40 students at after school program WATER: This site must connect to City water. There is an 8-inch City water main in Greenwell Road. This site has an existing meter that may need to be upgraded. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #303 and the sanitary sewer collection system may be required to ensure future flows can be accommodated. There is an 8-inch City sanitary sewer gravity main in Greenwell Road. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Evaluation: ,""::,,':~>\:'." ,. SA YSIOECHRISIJAN :~9Emda It:wP .12. 2 The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The Plan policies also support development proposals that fulfill a legitimate public need for compatible neighborhood support uses and activities. Quality daycare is an extremely important service for working parents. The proposed location close to Shore Drive will enable many in the vicinity, and likely within the adjacent neighborhood, to take advantage of convenient and quality daycare. The existing structure will be used for the child care program until the proposed addition can be funded and constructed While the architectural design of the proposed addition is not fully brick, it will complement the existing church structure. One concern that was raised during Staff's review is the height of the breezeway between the existing church and the proposed daycare building. The concern is that fire fighting apparatus and other larger vehicles may not be able to pull under the breezeway as currently designed. Further review of the design of the breezeway will be done during final site plan and construction plan review. The daycare facility will operate during weekdays only, for all day and for after-school care, and is expected to generate less traffic than the existing church does during Sunday services. It is not anticipated that the addition of daycare on this site will adversely impact any surrounding properties, and, therefore, is recommended for approval. CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the plan entitled, "Child Development Center," prepared by D. Cox, dated 6-10-06, which has been exhibited to the City Council and is on file with the City of Virginia Beach Planning Department. A final site plan depicting the improvements depicted on said plan shall be submitted to the Development Services Center for review and approval prior to the issuance of building permit. 2. When the child care building is constructed, it shall be in substantial conformance with the elevation entitled, "Child Development Center, Elevations," prepared by D. Cox, dated 6-10-06, which have been exhibited to the City Council and are on file with the City of Virginia Beach Planning Department. 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 and Standards. 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 (CPT ED) concepts and strategies as they pertain to this site. '" _' :<~" c.,.' "', '''''~ <":~ .:o/k. AERIAL OF SITE LORA1!r~~~~:::,,( -, ('''> 'q' r Ii ~ '" " " '" ~. v " " ~ ~..", .;~~ ", :::~ 'f <: " ~ J,,- ~ '( - .; -'Ofot~""A,,:.) PROPOSED SIJE;;J?:I...AN::. ;:.}~\:~::;;' <.:;.' ' "p';~"\,~v ".",y----" PROPOSED BUILDING lfiAf tf,l'fH CUP. 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DISCLOSURE ST ATEI1IEt84::,.~\ , ............\>:!'~.:J;~1ii{.?. >i:' '"1 i\ '-"';'~: '''.:W''m;".".",I.~.,/!eJ'-~:j<'' Item #12 Bayside Christian Church Conditional Use Permit 2224 Greenwell Road District 4 Bayside October 11, 2006 CONSENT Janice Anderson: The next matter is agenda item #12, Bayside Christian Church. This is for a Conditional Use Permit for child care in conjunction with a church located on property at 2224 Greenwell Road in the Bayside District. Mr. Fine? Morris Fine: This is Reverend James Christopher and I'm Morris Fine. Mark Walker: My name is Mark Walker. I'm the architect for the church. Morris Fine: The conditions are acceptable and we appreciate being placed on the consent docket. Janice Anderson: Thank you Mr. Fine. Is there any opposition to this matter being placed on the consent agenda? Therefore, Kathy Katsias will review this matter for us. Kathy Katsias: Bayside Christian Church at 2224 Greenwell Road is requesting a Conditional Use Permit for a child care facility in conjunction with their church. They are requesting to build a 6,700 square foot child care, after school facility to accommodate approximately 40 children ranging from the ages of 5 to 11, and the hours of operation will be between 2:00 pm and 6:00 pm. The staff recommends approval, and we are in agreement with the staff's recommendation. Therefore, we have put it on the consent agenda. Janice Anderson: Thank you Ms. Katsias. Mr. Chairman, I have a motion to approve the following agenda item for consent. It is agenda item #12. Barry Knight: Thank you. We have a motion on the table. Do I have a second? Mr. Henry Livas has seconded it. Is there any discussion? There is a motion on the floor to approve the consent agenda item by J an Anderson and a second by Henry Livas. I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 L-~ ANDERSON BERNAS CRABTREE AYE AYE AYE Item #12 Bayside Christian Church Page 2 HENLEY KA TSIAS KNIGHT LIV AS RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item #12 for consent. I' '-' MILLER IIOLDINGS, LLC 1608 SPRING I-IOUSE TRAIL VIRGINIA BEACH VA 23455 757-460-3357, ll"1Ax 460-6277 September 29, 2006 Ms. Carolyn A. K. Smith Staff Planner Planning Department Municipal Center Building 2, Room 115 2405 Courthouse Drive Virginia Beach, VA 23456-9040 RE: Bayside Christian Church Dear Ms. Smith: I am responding to the notice of September 20th advising of an application by Bayside Christian Church to operate a child care service on their property. Be advised that, as the owner of property across the street from the church, we endorse this application. We are in the process of designing a village of upscale retail shops on the one and a quarter acre property at Shore Drive and Greenwell. Having a church oriented, licensed, child care facility across from these shops would be an asset to employees. Please include this letter in the October 11th hearing. Thank you. ~1M Miller I . ',' MapA 8-78 M"p Not 'to S'c"le Ellmer Prooertles, LLC 4:ny n~. NOIO'OI j( k River ~ ~ Elizabel.. _ 1:;;,2OJ-l ~ ~~ ---- ['-'1 -1 H \ .).- ~II M- 11: tr-!!:IO T5' R -10 h,.,.... o:jl~~ I -1 '---I ~ I 1 , . c ~ ~:J I ........-'. 4JtJ:... u "\'" \ Pl,'1'{ g ~ K'-:::-- ~-7~ ti:.~ ~ 5J If: ~ ~~~~ ~ ~(:\ p~", \'*'-lrI >~ _ ~-~\~) ;,~ ~~~ - ~7-1 "'-- J'rj II- ~ ~'1J 1/11 ~ V r- 'Z: I J ............... 1 ~ ~ ~I\ lT7' bj-I/-. -......Il'/! =< (~ 1 L ~ I ., .J.. n?/l, I~ --VI':: ~ J I ~ cn~flh'. r/iF;//;Ji' il \ \ 4 . 'Hf- I - -" t-- 1--=:-\ =--1 CUP- Bulk Storage, Auto Repair CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Ellmer Properties, L.L.C. for a Conditional Use Permit for an automotive repair garage and bulk storage yard (associated with an automobile auction facility) at 656 Military Highway. DISTRICT 2 - KEMPSVILLE MEETING DATE: November 14, 2006 . Background: Application of Ellmer Properties, L.L.C. for a Conditional Use Permit for an automotive repair garage and bulk storage yard on property located at 656 Military Highway (GPIN 1456376863). DISTRICT 2 - KEMPSVILLE . Considerations: The applicant requests a Conditional Use Permit to allow development of the site for outdoor storage of motor vehicles and a 60,000 square foot vehicle repair body shop associated with the applicant's motor vehicle dealerships in the Hampton Roads area (Priority Auto). The project will also include an indoor, wholesale auto auction facility of 80,000 square feet, where auctions will be held up to two (2) times a week; this component of the project can be operated by- right under the current 1-1 Light Industrial zoning. A 60,000 square foot auto body repair shop, a 9,500 square foot office and prep center, a 10,000 square foot office building, an 80,000 square foot auto auction structure and numerous parking spaces are shown on the plan. The parking spaces are broken down as follows: 4,161 spaces for new vehicle inventory (bulk storage) and 294 customer and employee parking spaces. It is anticipated that there will be up to 100 employees on the site during working hours. The applicant proposes to move between 200 and 700 vehicles on and off the site, to and from the dealerships, during operating hours (8:00 a.m. to 7:00 p.m.). These vehicles will be stored in the spaces identified on the concept plan as "vehicle inventory spaces." They will be brought to the site via car carriers, but will leave the site individually. Additional details pertaining to the site plan and operation of the facility are provided in the attached staff report. This site has always been an extremely challenging one. It is rare to find such a large piece of vacant property zoned 1-1 Light Industrial District adjacent to residentially zoned properties. Generally, good planning practices recommend a transition of uses between intensive industrial zoning and lower intensity Ellmer Properties, L.L.C. Page 2 of 3 residential zoning. This is the general rule followed by Staff when evaluating rezoning requests. However, in this case, the 1-1 zoning is already in place, allowing a variety of uses permitted by right under the 1-1 zoning district that could be objectionable when adjacent to a residential neighborhood. Staff concludes that of all of those permitted uses, one of the least intensive and potentially noxious is the bulk storage of automobiles. The previous use of this site for the storage of new trucks by Ford Motor Company with no complaint to the Zoning Office provides evidence of this. Thus, the proposed use, if the conditions are adhered to, should prove to be a better neighbor to the residential area than a number of uses allowed by-right on the site. There was opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request, with the following conditions: 1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "Conceptual Site Layout Plan for Priority Auto Center," prepared by MSA, P.C., dated 05/04/06, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. All roadway improvements presented in the report entitled, "Transportation Impact Assessment, Priority Auto Center," prepared by Bryant B. Goodloe, P.C., and dated September 22,2006, shall be incorporated into the plans during final site plan submission to the Development Services Center. These improvements include but are not limited to: extending the existing southbound left turn lane to provide a minimum 300 foot storage and 200 foot taper (consequently, the northbound left turn lane located north of the Priority Auto Center entrance must be closed and signed for No U-Turns in that direction); the radius for the Priority Auto Center entrance must be improved to accommodate WB-50 vehicles; the existing Priority Auto Center entrance must have a minimum of two (2) exiting lanes and two (2) entering lanes with appropriate pavement markings to delineate these lanes; a traffic signal will be installed by the developer if and when the minimum warrants are met and approved by Public Works 1 Traffic Engineering; and at a specified point during site plan review, a traffic signal bond, effective for five (5) years from build out of the site, in the amount of $150,000.00, will be required to cover the cost of a traffic signal. 3. No land disturbance or encroachment into Resource Protection Area shall be permitted without the appropriate authorization and approval of the City of Virginia Beach Chesapeake Bay Preservation Area Board andlor the City of Virginia Beach Chesapeake Bay Preservation Area staff. 4. No outdoor paging or loudspeaker system shall be permitted. Ellmer Properties, L.L.C. Page 3 of 3 5. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than 14 feet. A Photometric Lighting Plan shall be submitted during final site plan review for review and approval by City staff. 6. No advertising banners, streamers, balloons, pennants, searchlights, or similar devices shall be permitted on any vehicles or the site so as to attract attention to the site from Military Highway or the surrounding area. 7. The hours for the auto auction facility shall be 8:00 a.m. until 6:00 p.m. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ cityManager:u~k .~~ ELLMER PROPERTIES, LLC Agenda Item 15 October 11 , 2006 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Conditional Use Permit for automotive repair garage and bulk storage yard. Map A,8.7,8 M<'tp \lot t:J S:::~L) Ellmer Pro erties LLC ADDRESS I DESCRIPTION: Property located on the east side of Military Highway, 1,645 feet north of Alexandria Avenue GPIN: 14563768630000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 47.9 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for outdoor storage of motor vehicles and a 60,000 square foot vehicle repair body shop associated with the applicant's motor vehicle dealerships in the Hampton Roads area (Priority Auto). The project will also include an indoor, wholesale auto auction facility of 80,000 square feet, where auctions will be held up to two (2) times a week; this component of the project can be operated by right under the current 1-1 Light Industrial zoning. The submitted conceptual layout plan depicts access to the site through an existing single ingress/egress from Military Highway. The entire property will be paved with asphalt. The stormwater will be conveyed and treated by the existing lake to the east of the site (formerly a borrow pit). The screening and buffering required by the Zoning Ordinance is depicted on the concept plan; however, additional landscaping may be required during final site plan review if determined to be needed. A 60,000 square foot auto body repair shop, a 9,500 square foot office and prep center, a 10,000 square foot office building, an 80,000 square foot auto auction structure and numerous parking spaces are shown on the plan. The parking spaces are broken down as follows: 4,161 spaces for new vehicle inventory (bulk storage) and 294 customer and employee parking spaces. It is anticipated thaUh~re~ill>' ,"'''''''':' "',-, ;..:~,;. . <,....> '" ,', ,. ELLMEFlil;ROPER~JES ~gendalt "~ 15 be up to 100 employees on the site during working hours. The body shop is anticipated to operate between 8:00 a.m. and 9:00 p.m., Monday through Saturday. The bulk storage areas will be utilized during the hours of 8:00 a.m. and 7:00 p.m., Monday through Saturday. The applicant proposes to move between 200 and 700 vehicles on and off the site, to and from the dealerships, during operating hours as indicated. These vehicles will be stored in the spaces identified on the concept plan as "vehicle inventory spaces." They will be brought to the site via car carriers, but will leave the site individually. An outdoor paging system is requested; however, Staff recommends a condition prohibiting this outmoded system. It is Staff's opinion is that on a site this large, adjacent to residentially zoned properties, and with the sophistication of current wireless communication technology, an outdoor paging system is simply not necessary to communicate with employees on the site. The noise generated by a paging system could potentially be an annoyance to adjacent residences and businesses. The perimeter lighting will remain similar as that utilized by the former tenant. Interior lighting for the building and for employee and customer parking areas is planned. Staff is recommending that a Photometric Lighting Plan be submitted during final site plan review. There is an existing access road for three (3) radio broadcast towers and an existing six (6) foot high privacy fence along the eastern property line, all of which are proposed to remain. The applicant had hoped to relocate the access road to the towers based on a request of the residents' to the east; however, a mutually acceptable agreement between the owner of the easement over the road and the applicant could not be reached. The proposed structures are all one (1) story and will not be highly visible from either Military Highway or the adjacent residentially zoned properties. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . USE AND ZONING: South: . East: . . West: . Elizabeth River, marsh Single-family dwellings / R-10 Residential District Gammon Road - private ingress/egress to communication towers Single-family dwellings, lake / R-1 0 Residential District Military Highway and mixed light industrial and auto related uses / 1-1 Light Industrial District, B-2 Community Business District NATURAL RESOURCE AND CUL rURAL FEATURES: The site is located within the Chesapeake Bay watershed. The northern portion of the site is within the Resource Protection Area, the more stringently regulation portion of the Chesapeake Bay Preservation Area. No land disturbance is proposed within this sensitive area. Portions of this site were, in the past, a landfill. The Department of Environmental Quality has formally closed the landfill based on the property owner's demonstration of satisfactory completion of the post closure care plan. The post closure care requirements un~~rm~~,~i,~ting .-~. ELLMEHP<ROPERlES ~g~ndalt';Mt5 r' : / .u"'...";Y'~ permit have been fulfilled (see attached letter). AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): South Military Highway is an eight (8) lane divided urban arterial facility. The MTP indicates this roadway as a 150 foot wide right-of-way. There are no CIP projects slated for this area. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume South Military 50,359 ADT 34,940 ADT I (Level of Potential Land Use ~- Highway Service "C") - 56,240 ADT 3,642 ADT , (Level of Service "E") Proposed Land Use 3 - 2,745 ADT Proposed Land Use 4 - 1,545 ADT , Average Dally Tnps 2 as defined by typical light industrial uses 3 on auction days 4 on days without auctions WATER: This site must connect to City water. There is six (6)-inch, a 20-inch and two (2) 48-inch water mains in South Military Highway. SEWER: This site is not within an existing pump station service area. A pump station analysis for the potential receiving pump station must be submitted for review. There are two (2) eight (8)-inch sanitary sewer mains and an eight (8)-inch sanitary force main in South Military Highway. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: This site is located in a Primary Residential Area and the Military Highway Corridor. 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. 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. . .'.;.';"\ <';, ,: ,~':' ELLMER'J:)ROPE '~g~ndalt ,:/"/ <'-..< ""'; . The Comprehensive Plan specifically addresses this portion of Military Highway and states that, "The general pattern of land uses along this one and one half mile corridor has remained essentially unchanged for years. The west side of Military Highway north of Indian River Road consists of and is zoned for low and medium density residential land use as exemplified by the stable neighborhood of Elizabeth Run Shores. The east side of Military Highway consists of and is zoned for light industrial uses. It is surrounded by open space areas and stable neighborhoods. The east side of Military Highway comprises a variety of industrial activities, including truck and automobile oriented land uses, outdoor storage and warehousing. Behind this industrial strip of land are Riverton and Lakeville Estates, both low- density, single-family residential neighborhoods. The Jonathan Cove neighborhood is located north of the industrial area on the Elizabeth River. An established neighborhood, West View Village, is located north of Indian River Road and west of the industrial uses on Military Highway." The Plan further states"... the Virginia Beach and Chesapeake Planning Commissions met in early 2003 to discuss, among other things, key planning issues relating to the Military Highway corridor. Despite this area having good regional access, the commissioners agreed that this area is generally under-performing with regard to its economic potential. Several issues and actions were noted that might help remedy this situation. These included the need for redevelopment, more consistency between the cities land use zoning provisions, and better protection of land uses through the use of buffers," (page 129). Evaluation: This site has always been an extremely challenging one. It is rare to find such a large piece of vacant property zoned 1-1 Light Industrial District adjacent to residentially zoned properties. Generally, good planning practices recommend a transition of uses between intensive industrial zoning and lower intensity residential zoning. This is the general rule followed by Staff when evaluating rezoning requests. However, in this case, the 1-1 zoning is already in place, allowing a variety of uses permitted by right under the 1-1 zoning district that could be objectionable when adjacent to a residential neighborhood. Staff concludes that of all of those permitted uses, one of the least intensive and potentially noxious is the bulk storage of automobiles. Thus, the proposed use, if the conditions below are adhered to, should prove to be a better neighbor to the residential area than a number of uses allowed by-right on the site, The Comprehensive Plan calls for significant buffering between higher intensity development and established neighborhoods. The proposed plan depicts this screening for the existing dwellings to the east and to the south. When specifically reviewing the Military Highway corridor, the Comprehensive Plan indicates, "the long term goal for this corridor is to replace the industrial activities with other uses that are more compatible with the surrounding residential neighborhoods." However, retail, office and residential uses on this site would be difficult and in some cases unacceptable, as portions of the site were once used as a landfill. This fact has limited the development potential of the site, as the presence of the landfill imposes restrictions on uses and construction techniques. However, the presence of the landfill has now probably turned out to benefit the surrounding residential properties as the amount, type and location of development are predicated on soil quality. Far more development and far more objectionable development would have likely already occurred on this site if it were not for the limiting factors associated with developing on a former landfill site. The applicant has worked diligently on preparing a plan for the property that provides protection to the residents to the east and south as well as meeting their needs to operate the facility. The structures are sited as close to Military Highway as possible and on soil suitable for development. Immediately adjacent to the residentially zoned properties is the required buffering and screening and then the parking area for the storage of vehicles. The proposed auto repair garage is adjacent to existing 1-1 properties and none of the structures will be very visible from Military Highway or the adjacent dwellings. A Traffic Impact Assessment has been reviewed and approved by Public Works, and Condition 2 below requests that the findings in the study be implemented as part of the approval of the project. The one point of contention is the request to utilize an outdoor paging facility. For reasons stated above in the Summary of the Proposal, Staff is opposed to this request and is recommending a condition below to prohibit the use of an outdoor paging system. CONDITIONS 1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "Conceptual Site Layout Plan for Priority Auto Center," prepared by MSA, P.C., dated 05/04/06, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. All roadway improvements presented in the report entitled, ''Transportation Impact Assessment, Priority Auto Center," prepared by Bryant B. Goodloe, P.C., and dated September 22,2006, shall be incorporated into the plans during final site plan submission to the Development Services Center. These improvements include but are not limited to: extending the existing southbound left turn lane to provide a minimum 300 foot storage and 200 foot taper (consequently, the northbound left turn lane located north of the Priority Auto Center entrance must be closed and signed for No U-Turns in that direction); the radius for the Priority Auto Center entrance must be improved to accommodate WB-50 vehicles; the existing Priority Auto Center entrance must have a minimum of two (2) exiting lanes and two (2) entering lanes with appropriate pavement markings to delineate these lanes; a traffic signal will be installed by the developer if and when the minimum warrants are met and approved by Public Works 1 Traffic Engineering; and at a specified point during site plan review, a traffic signal bond, effective for five (5) years from build out of the site, in the amount of $150,000.00, will be required to cover the cost of a traffic signal. 3. No land disturbance or encroachment into Resource Protection Area shall be permitted without the appropriate authorization and approval of the City of Virginia Beach Chesapeake Bay Preservation Area Board andlor the City of Virginia Beach Chesapeake Bay Preservation Area staff. 4. No outdoor paging or loudspeaker system shall be permitted. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than 14 feet. A Photometric Lighting Plan shall be submitted during final site plan review for review and approval by City staff. 6. No advertising banners, streamers, balloons, pennants, searchlights, or similar devices shall be permitted on any vehicles or the site so as to attract attention to the site from Military Highway or the surrounding area. 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 and Standards. 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. AERIAL OF SITE LqR~rI9N~\;::~~'~~ .,.j~:~;~~';,':~8;~~::,},>~L~~I:~ ELLMER'f>,ROP:E <f\; ~nd~ It *,~ ~<~ "-;:~ -' "",^ ',)>.., , ,~ / ... $ c c. A: g ;... . .3 ;>.. .~ ! >-..~lll J:: '. -....., v CI)._ .' Qt. -.; "" -41 = 0 J: 12) a ~.! 111._ ... c: v. "".. ..-........-.lIli.~. .. C",:... ,.'+# 8..... ~ >: Ii) BERM DETAIL (south si~,~(~,~l$~'~:~" ""~}~'~)~~:~>;\:~'\<~:),':?'-' ./:-:."" ~:""' () '<T"'~ -. PROPOSED BUILDING E PROPOSED BUILDING ELEVATIONS ,>>" A>x"""""':- 11\. H;, 1""1."", ;','''-./' .. ~...."i'f<. ,,,' ZONING HISTORY MapA B-7 8 ~1ap Not 'to S~ale Ellmer Prooertles, LLC (ftV Of N'()UK)t.f, ~ Rver Elizabetn I ~.20~' EuZABf.TH W'I.I~' ,I ~,~ FARM T 5 ES I f' LLuJ~ lVN) ~~ L -'........ - f!==fC I l'(-.H 11...1 ~. lIJj "- ~,Irv r---i t~ f/ ~~m 1 ~1~'_~J\-r'I --iT E'J -] Tt ~ .A!/IAl:Jt.IH ~ rL\\\~ i r ..:r ~~R-IO! ~ c ... ;n:~' ~ ~ L ~~,\..=>(' ~. ~ :1~~~;q ~ ~ ~'.'7. - ;H- ~ --- /' - ~ ~~ ~ . \)( /'~,'~ ~ ~ ~' i-~'''~ ir#! 't 1 ~ .IfFil~!: 11 \ \ llk;~p",~ " <$;~ Q>6~0 ~. v~.... ~ ~~ t::HJ , . H "R! ! U},Alr ~ fl ~ == --h ~Ii/O ~ II... /'<:\--!t1C) ....L..J J '7 /f1Ik --r 'f:::J- - ~,. ~t-- ?'YlL - 17 "'0' I...-Iff / I I y~= . '/<'1' .---- = j t:. r '''r\~ _ m l' I "-- --, ~ ..A~) -1= ~\~ Ii I !~.\\~\ lr-- ~ '1 T ,:'Ef: Wr!/;:::/ 7.. ~~f '-J \ I. ]ff{ 11' y\ ~ ' ~if 0, \k c' ij~); €\ ~ ~ \ z ' !~ f-- ''-, , \ I~ =If[')- L- ,--g \-- f=' I :~ Ii cup. Bulk Storage, Auto Repair 1 2 3 OS/23/93 04/27/93 12/03/02 07/12/94 12/06/94 SUBDIVISION VARIANCE CUP truck sales CUP (bulk storage) CUP (bulk storage) CUP tem ora rec clin Granted Granted Granted Granted Granted 05/10/82 CUP (landfill) Granted 4 03/14/95 CUP (new & used mobile home sales) Granted 09/12/00 CUP (motor vehicle sales) Granted 01/22/90 CUP (motor vehicle sales) Granted CHANGE OF ZONING (1-1 to B-2) Granted 5 06/09/98 CHANGE OF ZONING (1-1 to B-2) Denied CUP (fuel sales) Denied 09/10/96 CUP (fuel sales) Denied 6 12/12/00 CUP (bulk storage) Granted 03/2492 CHANGE OF ZONING (1-1 to B-2) Granted 7 08/26/85 CUP (storaoe yard) Granted DEQ LETTER P AGElri1r~'\^"\"\ f~,~;.:~"~~.~~;;~t~\'~~~:~.t4 ELLMER'd?ROPERmlES:~';Y~ '~a;;,:!; 'd'" It Oti'ffJ 'r;, ~,; ;;) :('~rr~,.".~~"', "4',' * " Wi" ,-- ~',;> ~,;,,::~ ,/"..{:~" .,.,.J ,~, DEQ LETTER PA .~.. 1" ge Q;::> ~ t ll!:o'g ~-em :e<l> :~ ~E': 'I) ~ !' w_ - a:~ c =>.... is CI) 0 8 OQl Of ...I> , ~~gB ~:S]~ ~... go~ o !'2'~ E.!-u;a 0... 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'" j "-+~ Ji V'"fs 10: I o~ Q.. .Z 0::- c: wit BidiBisn 1VNOllI<INOJ riJ .. <ll C .. ::> ,/;J :s ::: -:::'0 .~ 0 >; a.: .s ill> C ~lj ~..~ I g'1:!!.~ ~! :s g i ": ~...~ ! Q'i!i~ _.~ a:.!2e :ill:: i w....i ~~ 32 ~~....~ I ~EC: .... ffi~~I.....' c. Q. ~ to li~g Ii c.~ ui g:: ., ~-;: e .,g..~ a =0' go ~i.:~ i .~ il~ ~j 8~~ i$ 0:!::::l"'::S: ~ e 8.. 8 Cl .... cC: :;:,g ..~ =1: ~Et :::0 5:1\ "'- Ille ~e. , .; 8 liS ~.x:5 I 0: "- Ill>lll .coC 10"0 10 '" 5 :il:c: .!l'!..2 II >or Ii It ~ f J ~J )ii lj'"! 8~'l; ctl..Q:; c>i DISCLOSURE STAJ 'W""""t HP LASERJET 3330 Oc~ 10 2006 15:37 = p.2 Elizabeth River :Shores Civic League . . DnJd ~.k, PreatdeBt. , . MIl'!' Dz:I-4r11111, '\Jke..1'redcteac .'. Secreta.,.. TBA MU'C WJdJe,' Tnaarcr Oetober 10, 2006 Plannlni Department City otVlrglDJa Beach VIrgI.nla Belch, VA. 13456 RE:' AppUeatioD of EJbner P."pertles LLC for CO.DditlODal Use Permit . . For ~ Automotive Repair aDd balk stona., yard on property . Located at Ci5(i MDttat'y BJgllway. (See Seeoad Page) PlAnm.g CommJtslon AgeDda for October ~1, 1006 Dear City CoundJ, , . It has beeD. brought to, my attention that one of the residents of EBzabeth lliver Shores bad reeelved. . letter from the dty ...ardlng proposed use of property loca~ aao.. fcom her .residence. ID reading the lnformatMJD aad IDterpredD.g the map lDeludEld,I ean onl1 coDelude that the entrance to the property js I8cated aeroll from her residence, but tJds also reqlllre8 further darlfteatloD~ My potltlGa of QvleLeape PresIdent provides me the opportuDity to review the Pl"",dn. Commioi~ AleDda replarly as it illDalled to. my residence, It iI .reviewed for ebA"pI tha. mayatfect our neighborhood. I Would like to request eIarifI.catlon on the proposed Permit In the laterest of the EUzabetli River Shores ciVIc League and. Neipborhooc:1, wh1le theft js no objectloa to. the "Automotive 'Repair Garage", tile coneem lies WIth the "Bulk Storage Yard" 'Whkh lend. itse1fto . images of a Mj1lJlkyanl" espedaDy wheD, lookblg at the map 1U811mlnl an the ahaded area Is lne1uded ill this Permit applleatlOB. . I realize that ~ State Law requlra only the res1deac.e dl.re\':t1y acroas from the addreu on Military HIghway to be notltkd, but it weuld appear that mauy resldeDees aud nel&Jiborhooda are affected aad thouJd a:a.O be DOtlfied. It IeeJDS any . residence or .netp.borhood berderblg the lot In qllestionlilhould have the I8me opportunity to voice cOllcer:u over UH of property which.my weD affect the value of th.eIr lIomes. Years ago our nelgh.hrbood volacl eoacern. over a RaceTrack Gas station. that was propOBed ID the same general area sDd were .uc:ceedDl convIDdDg. the Planning eollllDialion that it was not in the best Interest or the area for that type otbusIDess. We had haped that ace our seetIon of the city was a "iateway" to Nod'olk tJaat b1lliDessea that promOted the city Imale ud elevated property values would be encourage4 to Joeate In the Vlcant loti available along l\IIIItary Hlghw.,.. TbIII5 why I am request1ng dar.U1cadon of the proposed permit and voi~1 my coneerD., images of 8 "j1l.D1r.yard" in 111ls location does not aUlD ttself'wtth "Qty Image"Dor "property "alue't, . Respectfully, Da'Yld Dzledzlak, PresIdent - Ellzabeth River Shores Ci'Yle League . . 34115 Sale Drive . VIrRIJUBeIlCIl,VA 23464 Tel; (75'7) 420..5+48 Page 1 of2 Carolyn Smith ---...-._---.~ From: Stephen J. White Sent: Monday, October 09, 2006 3:25 PM To: Carolyn Smith Subject: ElImer Opposition From: JUDITH N COLE [mailto:JNCOLE@sentara.com] Sent: Monday, October 09, 2006 6:59 AM To: Cathy L. Smith Subject: Public Hearing October 11 Both my husband and myself have attended numerous meetings where Ellmer Properties, L.L.C. presented their plan for a Conditional Use Permit for an automotive repair garage and bulk storage yard on property located at =:I 656 Military Highway. We do not feel that this is a suitable or viable option adjacent to our home and neighborhood. Not only would it potentially present an eyesore to the community, we have concerns about waste runoff and management for the wetlands and river directly behind the property. In addition, when we purchased this new construction from Clark Whitehill, we were told that the City of Virginia Beach had plans to purchase the property and build a park/playground. We were further told that construction for future development on this property would not occur due to issues surrounding the wet lands laws. As a result, we are totally opposed to the granting of a use permit for the purpose outlined by Ellmer Properties. Sincerely, Judy and David Cole 533 Hunt's Pointe Drive Hunt's Pointe Subdivision Virginia Beach, Va. 23464 (H) 420-3120 Judy Cole MSN RN Director 1 ()/Qn()f)':;: Page 2 of2 Emergency Department & .l\1PU Sentara Bayside Hospital Telephone: 757-363-6579 Pager: 757-475-3209 -==. P-I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Franklin Gambito & Leonard C. Tucay for a Conditional Use Permit for a church with an existing building located at 5317 Bayside Road (GPIN 1469523636). DISTRICT 4 - BAYSIDE MEETING DATE: November 14, 2006 . Background: Application of Franklin Gambito & Leonard C. Tucay for a Conditional Use Permit for a church and fellowship hall on property located at 5317 Bayside Road (GPIN 1469523636). DISTRICT 4 - BAYSIDE . Considerations: The applicant requests a Conditional Use Permit to allow the re-use of an existing building at 5317 Bayside Road as a church for Tidewater Christian Church of God. Sunday worship including Sunday School will be from 10:00 am to 1 :00 pm. An evening worship service will be held from 6:00 pm to 8:00 pm. Bible Studies are scheduled for Tuesdays and Fridays from 7:00 pm to 9:00 pm. The total membership is 59; however, due to the fact that the site can only accommodate nine (9) parking spaces that meet City regulations, the attendance for any service cannot exceed 45 people (1 parking space per 5 seats in the sanctuary). The proposal is in conformance with the Comprehensive Plan's recommendations for residential areas, as the use provides a needed and desired service to the community. The recommended conditions further ensure that the use will be compatible with the adjacent residential neighborhood. The Planning Commission placed this item on the consent agenda because the proposed use represents an acceptable reuse of an existing distressed building, the use, as conditioned, will be compatible with the surrounding area, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. All necessary alteration permits and a Certificate of Occupancy for the change of use shall be obtained from the Department of Planning / Permits Franklin Gambito & Leonard C. Tucay Page 2 of 2 and Inspections Division before occupancy and use of the building as a church. 2. Noise attenuation measures shall be required in accordance with the November 17, 2005 version of the Virginia Uniform Statewide Building Code. 3. The existing parking lot shall be clearly marked to delineate the required parking spaces. In addition, one (1) handicapped-accessible space must be installed in accordance with the Americans with Disabilities Act (ADA). This condition must be satisfied within 90 days of City Council approval. 4. The existing freestanding sign shall be removed and all signage shall meet the requirements for churches located within Residential zoning districts. 5. No more than 45 people shall be present within the church during any gathering. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department CityManager~S t. d-dlY>oz. ~~ ~ FRANKLIN GAMBITO & LEONARD C. TUCAY Agenda Item 7 October 11 , 2006 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for a church. ADDRESS I DESCRIPTION: Property located at 5317 Bayside Road. GPIN: 14695236360000 COUNCIL ELECTION DISTRICT: 4 - BAYSIDE SITE SIZE: 11,904 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a Church at 5317 Bayside Road. The proposal is to utilize the existing building as a worship place for Tidewater Christian Church of God. Sunday worship including Sunday School will be from 10:00 am to 1 :00 pm. An evening worship service will be held from 6:00 pm to 8:00 pm. Bible Studies are scheduled for Tuesdays and Fridays from 7:00 pm to 9:00 pm. The total membership is 59. Attendance for anyone service will not to exceed 45 people. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant building used in past as an Assisted Living facility. SURROUNDING LAND USE AND ZONING: North: South: East: . Bayside Road and Northampton Boulevard . Single-family homes / R-20 Residential District . Shell Road . Single-family homes / R-5D Residential District . Commonwealth of Virginia / R-5D Residential Distrist FRANKLIN GAMBITO & LEONA'RD C,TU:;: :I:\gendal West: · Single-family and duplex homes / R-5D Residential District NATURAL RESOURCE AND CULTURAL FEATURES: A grass area is situated on the southeast side of the building. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN lMTP) I CAPITAL IMPROVEMENT PROGRAM lCIP): No traffic counts are available for Bayside Road. Bayside Road is a two-lane undivided local street. Northampton Boulevard is a six-lane divided major urban arterial. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Northampton 40,949 ADT I 26,300 ADT (Level of Existing Land Use "'- 0 Bou levard (2005) Service "C") - 42,100 ADT ADT 1 (Level of Service "0") / Proposed Land Use 3 - Capacity - 48,200 ADT 1 90 (Level of Service "E") , Average Dally Tnps 2 as defined by vacant building 3 as defined by church WATER: This site has an existing 5/8-inch water meter (meter #49832087), which may be used or upgraded. There is an existing 6-inch City water main on Bayside Road fronting the site. There is an existing 12-inch City water main on Shell Road fronting the site. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #317 and the sanitary sewer collection system is required for any additional flows from the site to ensure future flows can be accommodated. There is an existing a-inch City sanitary sewer gravity main on Shell Road fronting the site. FIRE: The building previously housed Abundant Care Assisted Living (Group 1) facility. The building is not suitable for a place of assembly without going through the Permits and Inspections Division of the Planning Department. To be occupied as a place of assembly, additional Building Code requirements must be met in regards to fire protection and the means of egress. A Certificate of Occupancy must be obtained from the "Building Official" prior to occupancy. Fire Code permits may be required at the time of occupancy, contact the Fire Department for permit information. FRANKLIN GAMBITO & LEONARD C;T ~^AgendaJ :."".:. ,',.-',,(," .:- ",<~"^ EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan policies recognize the need to preserve, protect, and enhance the overall character, economic value, and aesthetic quality of neighborhoods. The Plan policies support development proposals that fulfill a legitimate public need for compatible neighborhood support uses and activities. This church use fulfills one of those sets of the legitimate ancillary needs required by this community. Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The use, with the conditions below, is also compatible with the adjacent residential neighborhood. CONDITIONS 1. All necessary alteration permits and a Certificate of Occupancy for the change of use shall be obtained from the Department of Planning / Permits and Inspections Division before occupancy and use of the building as a church. 2. Noise attenuation measures shall be required in accordance with the November 17, 2005 version of the Virginia Uniform Statewide Building Code. 3. The existing parking lot must be marked clearly to delineate the parking spaces. In addition, one (1) handicapped-accessible space must be installed in accordance with the Americans with Disabilities Act (ADA). This condition must be satisfied within 90 days of City Council approval. 4. All signage shall meet the requirements for churches located within Residential Zoning districts. The existing freestanding sign shall be removed or brought into conformance with the City Zoning Ordinance. . 5. No more than 45 people shall be present at the church during any gathering. 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 and Standards. 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. .. '.w""~ "l'-, ';.>--,-, ,'., .~. . ''<0 " FRANKLIN GAMBITO & LEONARD CeT Agenda I ./'-.. .. ~v>li'y AERIAL OF SITE LOCAJYA^ ':'o/~_L~,~'?~fi!'L:~ ._~~~..; .("., .~~:" "'''';,-.,,- FRANKLIN GAMBITO & LEO~~D,:C('( :~ AijeDda1 ;#,'~ w (~<~\~\':: . -' "i.li ::h,,>< ~'< 'f:....,;~ \x.-.<. SH~LL ROAD 9.1' OUT ~-oO'OOtJ ~ 84.-4-2.' 11.5' OUT ~.a. ~ ..... pp . . . . . .. . ,11I:- ...... ~ ~~, ~~ ei~ C:i:e ~~ ~.\:) ~ ~ tn ~ d (XI o t..) It PARCEL B ,.., 3U" .a 1" STORY MASONRY &cFRAME #$317 10." -" .,.Ao Yi .... -..J .. ., . .... ..."....., .,::f..-_... t''',.--.,.. ..:i.....'. _ ASPHALT Nom '1lilS SURVE'f WAS PERFORMED vnHOUT THE SENEFtT OF' A 111l.E REPORT. PROPERTY UNE SHOWN' AS FOUND PINNED IN FIELD. Iv >..,. ~~OO" t .:2 """~.o~ Jf>o..or;.o 'JP(F) ..:.:.:* 'lI,.. ~ ,,',. -::. :.: .. ..:.:.- $ 10.S" % :!:: d c>>.. ~ II :IE . 6'OJ.. ~CE SITE sURviEi\,;;':l~\:~~:~~: ~/,~',f:\E.~r";~~"~;:;'.:...i;?~. 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I- w a z o (() 2 o 2 l- e e u.: !2 o 1-0 aW w:X: zu: w<( t-.... 15.!;t. t5..~ W...;i a;l.J ;:l3: , ~5'~ w-c ..;;.J{/)x 0- </) a....0.3cn zx< <3.~:'W - -' ~<(~ ~,..:w t-::r.::I: t/)<.:)..... x'wo w:X:1- {_C_'_""",'" PROPOSED PARKING AND SIGNAGEPI..Ali?~;:"; <,:/;<,.,>:,__ _,\."'_.' >:r"~":<':7:;:{:;:i~~~{~' < " - ~-'., FRANKLIN GAMBITO & LEOrt;;A6CCT 'f; (t.~eJ"ldCl ..t1""1kp~,. ~ (;:~j~) ::::S;;;lr k- :(" ';;:-c_ .( ,+ ,jk EXISTING BUI LDING.._..;::::;c:::;'''~L<i +:'~ .':'.".....:..f:~~~~:'::",k,J.~:,+ FRANKLIN GAMBITO & LEON~pqT Y>}:1,'~' " (A': . d' . "1' . .7,. .. ....... ';;:" "., 1'\-gen a. ..f;i.... '.' . ... .' .. ;.', . " ." ~ }} ;i.," ?,)h," %--~. , ~~,<:' ~ I /' 00 ~ OAA P-I # DATE REQUEST ACTION 1 7/10n8 Zoning Change (R-8 to B-2) Granted 8/1/83 Zoning Change (B-2 to R-8) Granted 8/1/83 Use Permit (Home for Aged) Granted 2 1/13/86 Use Permit (Contractor Vehicle Parking) Granted 3 4/11/88 Zoning Change (R-3 to A-2) Denied 4 1 0/30/85 Zoning Change (R-3 to B-2) Denied 3/28/88 Zoning Change (R-3 to 0-1) Denied 3/28/88 Use Permit (Personal Services) Denied "~~'" ,,>' ZONING ~jjijR~:::'?:~:'~t't ?;'~s :~\,...,t:,,~';~~~';':::,~;J~\':';ii)~ FRANKLIN GAMBITO & LEON~~.D..CrT.', 'W~;1) , ..,.. ' L":,M: f,< ~~erlda! .,'t i~ ~'"< 0 ~,~~ '~ ~j .... 't:l th, '" oj ~ ~) 8- $ l ; '" II :::. @ o a 2" 13 .;:1.. E; o_~ =;:lh ,~'~.~ ~~,~ ~ ~~l.g~.tl~ .Q.~ g~ a; 5:;' S :: ~t3, ~ ~~ ~ ~iE; c~(;, a~E;'~oc~g*Q ~.~~,.~.5 g *,~'~"~3 e ,~,,g ~ ~ -m .g E -8. s ~ ,~~~ ~ ~g~, g ~~'.~ ~ ci-:: ;~ 0 ~::: ... ::'. E ~~!~ ~= g,~ ;'*c:? 1;:) g ~ ~.c .~ ~ g ,~ ~ ~~ ~~.~ g ]:s: ~ E :s E :~. .E!~ ~~ g~. B %~8 i~Q)o:::"${fj-2ge~-: ~~:~-E~~~:~;: 5~ =~O~ g:; ';j 52 -:S Q .E ;;:.; -~>~g~ ~ 2 = '=0 ~ :: N {'o;" J..=~E: ~,..g,':V {fl '0 E O@ t:EoQ.---"'O:C',~oQ"" fee w = ;g ~:5 :J 8~. ~ !~tae g.~ g~, &.~-8 .:5 0"0 ?= z :::1 ~- c ~ <; <> c ,gg e,,_ Ee 0- ]s _c, >$l,C W if; =o~j~ ~,9.-: 'E~ ~~~f:~ t:2i~g 8 c ~ ~g - g..Q =iil Z .:t;; ~.s O~aE'$ _:5-..:;;; =c~s~s g,.si ~ ~ !!:e'5c:~ It'''io~ ~ -:~ 8 ~".=, g<!g ~ :E e '" c ~ ! .~ ;; a g Cl! lo-^ i,g ~-~ ....'c; -C',~ -g'~ Q.."", h, Q~ =8- ':8 :;~ J::C ,::::;::> g~ .r:;,f; <':>0 o 't:l <:) lE a:~ -;>.; ~~ OQ) - 'l> 2:''-' ",'l> '.- <:: i~ .g,~ 'fJ:; -'" f5~ !s ... c ~c I'll 0 >;: 'z $.t; ~g 00> ~o o''"C ,0.. C 2-; no OQ.. -Eo ~! u,;, ,,";"',:t -w DISCLOSURE StA~ f';/ >",,;".~ w'" """ '>' ".-..-.,-.' ';- ,\\.",,:;:;':'< FRANKLIN GAMBITO & LEONAAbc~ TU~A y ~: 'Agendal 7. :>)~ Item #7 Franklin Gambito & Leonard C. Tucay Conditional Use Permit 5317 Bayside Road District 4 Bayside October 11, 2006 CONSENT Janice Anderson: The next application is agenda item #7. It's the application of Franklin Gambito and Leonard C. Tucay. This is an application for a church and fellowship hall on property located at 5317 Bayside Road in the Bayside District. Welcome sir. Franklin Gambito: Thank you. I'm Franklin Gambito. I am the applicant. Janice Anderson: The approval comes with five conditions. Have you reviewed those and they are acceptable? Franklin Gambito: Yes. Janice Anderson: Okay. Thank you very much. Is there any opposition to this matter being placed on the consent agenda? Therefore, Jay Bernas will review the application for us. Jay Bernas: Thank you. This is a Conditional Use Permit application for a church on Bayside Road near Northampton Boulevard. It is in the Bayside District. Basically, they would like to use an existing building, and they will have Sunday worship from 10:00 am to 1 :00 pm, evening worship from 6:00 pm to 8:00 pm, and bible studies Tuesday through Friday from 7:00 pm to 9:00 pm. Currently the total membership is 59 but the attendance for anyone service will not exceed 45 people. One of the things they will have to do with this site is clearly mark the parking spaces because I think they are not clearly marked. But since there is no opposition from the adjacent property owners, we feel that this item should be placed on the consent agenda for approval. Janice Anderson: Thank you Mr. Bernas. Mr. Chairman, I have a motion to approve the following agenda item for consent. It is agenda item # 7. Barry Knight: Thank you. We have a motion on the table. Do I have a second? Mr. Henry Livas has seconded it. Is there any discussion? There is a motion on the floor to approve the consent agenda item by Jan Anderson and a second by Henry Livas. I'll call for the question. ,"c"";: ~'; "i,-:',':-,', AYE 9 NAY 0 ABSO ABSENT 2 Item #7 Franklin Gambito & Leonard C. Tucay Page 2 ANDERSON BERNAS CRABTREE HENLEY KA TSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE AYE AYE AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item #7 for consent. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of JBA One, L.L.C. for a Conditional Use Permit for motor vehicle sales, service and associated bulk storage at 930 and 940 South Military Highway. DISTRICT 1 - CENTERVILLE MEETING DATE: November 14, 2006 . Background: Application of JBA One, L.L.C. for a Conditional Use Permit for motor vehicle sales, service and bulk storage on property located at 930 and 940 South Military Highway (GPINs 1456134602; -4880). DISTRICT 1 - CENTERVILLE . Considerations: The applicant proposes to locate the motor sales, service, and storage facility on the combined area of two (2) contiguous parcels, totaling 1.64 acres. A sales office will be located within an existing one-story metal building, and detailing of vehicles to be sold on the site will be conducted within an existing one-story masonry building. Nine (9) customer parking spaces are provided along the front of the southernmost building. Four (4) employee parking spaces are provided on the northeast side of the northernmost building. Fifty-eight (58) parking spaces for vehicle display are provided. Bulk storage of vehicles not ready for sale is proposed behind the sales office. Three full-access curb cuts are currently located off of Military Highway. The northern and southern openings will continue to be used to provide access to the proposed motor vehicle sales site. The center access will be eliminated with the development of the site. The existing buildings will be cleaned, painted an earth tone color and accented with dark green canvas awnings. The proposal is in conformance with the Comprehensive Plan's recommendations for this corridor. The site and building plans demonstrate redevelopment of the site in a way that will be compatible to the surrounding area. The proposed improvements will enhance the existing site and building, and provide an improved appearance for this section of South Military Highway. The Planning Commission placed this item on the consent agenda because the proposal represents a good redevelopment of a site in a distressed commercial JBA One, L.L.C. Page 2 of 3 and industrial corridor, the use is in conformance with the Comprehensive Plan, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. Development of the site shall substantially conform to the conceptual site plan entitled "Preliminary Site Plan, Alex Jones Motors", dated August 1,2006. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole- mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. 3. Empty containers and tanks previously used for the storage of hazardous materials shall be free from residual material and vapor as defined by the US Department of Transportation Office of Hazardous Materials Standards (DOTn), the Resource Conservation and Recovery Act (RCRA) or other regulating authority or maintained as specified for the storage of hazardous material. 4. In addition to the requirements of the 2003 Virginia Statewide Fire Prevention Code, Section 2703.2.3, equipment, machinery and required detection and alarm systems associated with hazardous materials shall be maintained in an operable condition. Defective containers, cylinders and tanks shall be removed from service, repaired or disposed of in an approved manner. Defective equipment or machinery shall be removed from service and repaired or replaced. Required detection and alarm systems shall be replaced or repaired where defective. 5. Stationary tanks not used for a period of 90 days shall be properly safeguarded or removed in an approved manner. Such tanks shall have the fill line, gauge opening and pump connection secured against tampering. Vent lines shall be properly maintained. 6. Permits for tank removal shall be obtained from the Department of Planning / Permits and Inspections and the Fire Department prior to removal. 7. The vehicle storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 8. The vehicle storage yard may be gravel provided a waiver of on-site improvements is requested and approved by the Planning Director or his or her designee. JBA One, L.L.C. Page 3 of 3 9. All automotive detailing and service shall take place inside the building. 10. No outside paging or speaker system shall be permitted. 11. There will be no more than 58 vehicles displayed for sale on the site. The vehicles will be parked in the area designated "Vehicle Display Area". 12. Parking spaces and vehicle display areas shall be clearly delineated on the site plan; and the parking lot shall be striped in accordance with the approved site plan. Vehicles shall be parked within the designated areas, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms. 13. No advertising banners, streamers, balloons, pennants, or similar devices shall be permitted on any vehicles or the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. 14. All of the areas not improved with planting beds and/or landscaping shall be maintained with a grassed lawn. The required foundation landscaping may be permitted in planters along the front and side portions of the buildings. 15. The interior of the parking lot must be landscaped according to Virginia Beach Site Plan Ordinance Section 5A.4. 16.The sidewalk along the front property line of the parcels shall be repaired. . 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. IL. . ~ II""'t JBA ONE, LLC Agenda Item 13 October 11, 2006 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for motor vehicle sales, service, and bulk storage. ADDRESS I DESCRIPTION: 930 and 940 South Military Highway. GPIN: 1456134602 1456134880 COUNCIL ELECTION DISTRICT: 1 - CENTERVILLE SITE SIZE: :t71,481 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for motor vehicle sales, service and bulk storage of vehicles not ready to sell. The site consists of two existing parcels: Parcel 2, located at 930 South Military Highway, is a 0.5S-acre parcel that houses an existing 1,783 square foot one-story masonry building along the rear property line. Underground fuel tanks are located on this parcel along the southwestern property lines. Gas pumps under a canopy are located near the center of Parcel 2, and an oil tank is situated at the rear of the existing building. Parcel 3, located at 940 South Military Highway, is a 1.09-acre parcel which currently houses an existing 2,735 square foot, one-story metal building. There is a water body located at the rear of Parcel 3. Overhead wires and a Virginia Dominion Power Company easement run along the front property line. The applicant proposes to locate the motor sales, service, and storage facility on the combined area of these two (2) contiguous parcels. The combined acreage of these parcels is approximately 1.64 acres. A sales office will be located within the existing one-story metal building on Parcel 3, and detailing of vehicles to be sold on the site will be conducted within the one-story masonry building located on Parcel 2. Nine (9) customer parking spaces are provided along the front of the southernmost building. Four (4) employee parking spaces are provided on the northeast side of the northernmost building. Fifty-eight (58) parking spaces for vehicle display are provided along the front and western side property lines of Parcel 2 and the front property line and east side of Parcel 3. Bulk storage of vehicles not ready for sale is located behind the sales office. ,.: ,''.0.:.< "', -,../ -', ..... '':'" ,..:.-:-:,::' dBA One/LLC. Agemda It" 13 Three full-access points are currently located off of Military Highway. The northern and southern openings will continue to be used to provide access to the proposed motor vehicle sales site. The center access will be eliminated with the development of the site. The existing buildings will be cleaned, painted an earth tone color, and accented with dark green canvas awnings. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant service station/garage and commercial building. SURROUNDING LAND North: . USE AND ZONING: . South: . East: . West: . . . NATURAL RESOURCE AND CULTURAL FEATURES: Golf center and driving range / B-2 Community Business District Bank I B-2 Community Business District Skating center I B-2 Community Business District Golf center and driving range I B-2 Community Business District Office and warehouse buildings I B-2 Community Business District Nursery I B-2 Community Business District Service station and garage I B-2 Community Business District The site is within a Chesapeake Bay Resource Management Area and there is a water body located at the rear of Parcel 3. There are no known cultural or historical features on 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) I CAPITAL IMPROVEMENT PROGRAM (CIP): Military Highway is a six-lane divided major urban arterial. The existing right-of-way is shown as 160 feet. TRAFFIC: Street Present Present Capacity Generated Traffic Name Volume Military 30,168 ADT I 26,300 ADT 1 (Level of Service "C") Existing Land Use:':- Highway 42,100 ADT 1 (Level of Service "0") OADT per capacity Proposed Land Use 3 - 151 1 Average Dally Tnps 2 as defined by vacant'~9~s.ed site 3 as defineql>YY:~icl~;~I~~" ",) -'-..,' ""~,. -" "..,...w-....."..... WATER: Both sites have existing 5/8-inch water meters (Meter #95048998 and Meter #48471376), which will need to be upgraded. There is an existing 10-inch water main on South Military Highway. There is an existing 48-inch water transmission line on South Military Highway. There is an existing 48-inch water line (by others/not City owned) on South Military Highway. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #468 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a 12-inch City sanitary sewer force main on South Military Highway. STORM WATER MANAGEMENT: A stormwater management plan for water quantity and quality must be developed in accordance with the Public Works Specifications and Standards. FIRE: The site contains underground storage tanks used for flammable and combustible liquids. Codes and regulations as listed below under conditions three (3) through six (6) apply to these tanks and should be required as conditions for approval of this project. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations for this corridor. The site and building plans demonstrate redevelopment of the site in a way that will be compatible to the surrounding area. The proposed improvements will enhance the existing site and building, and provide an improved appearance for this section of South Military Highway. CONDITIONS 1. Development of the site shall substantially conform to the conceptual site plan entitled "Preliminary Site Plan, Alex Jones Motors", dated August 1,2006. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole-mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. 3. Empty containers and tanks previously used for the storage of hazardous materials shall be free from residual material and vapor as defined by the US Department of Transportation Office of Hazardous Materials Standards (DOTn), the Resource Conservation and Recovery Act (RCRA) or other regulating authority or maintained as specified for the storage of hazardous material. 4. In addition to the requirements of the 2003 Virginia Statewide Fire Prevention Code, Section 2703.2.3, equipment, machinery and required detection and alarm systems associated with ha~~td,~~s'T~~~n~IS ,.,<., ""~ ,_.Y, ,..,.~".~ /'.' r..-...._ ,',. ,.-....,.,_.. . "'0""""'. " "jBA One,:~L6 ftgenda 1<13 shall be maintained in an operable condition. Defective containers, cylinders and tanks shall be removed from service, repaired or disposed of in an approved manner. Defective equipment or machinery shall be removed from service and repaired or replaced. Required detection and alarm systems shall be replaced or repaired where defective. 5. Stationary tanks not used for a period of 90 days shall be properly safeguarded or removed in an approved manner. Such tanks shall have the fill line, gauge opening and pump connection secured against tampering. Vent lines shall be properly maintained. 6. Permits for tank removal shall be obtained from the Department of Planning / Permits and Inspections and the Fire Department prior to removal. 7. The equipment vehicle storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 8. The equipment vehicle storage yard may be gravel provided a waiver of on-site improvements is requested and approved by the Planning Director or his or her designee. 9. All automotive detailing and service shall take place inside the building. 10. No outside paging or speaker system shall be permitted. 11. There will be no more than 58 vehicles displayed for sale on the site. The vehicles will be parked in the area designated "Vehicle Display Area". 12. Parking spaces and vehicle display areas shall be clearly delineated on the site plan; and the parking lot shall be striped in accordance with the approved site plan. Vehicles shall be parked within the designated areas, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms. 13. No advertising banners, streamers, balloons, pennants, or similar devices shall be permitted on any vehicles or the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. 14. All of the areas not improved with planting beds and/or landscaping shall be maintained with a grassed lawn. The required foundation landscaping may be permitted in planters along the front and side portions of the buildings. 15. The interior of the parking lot must be landscaped according to Virginia Beach Site Plan Ordinance Section 5A.4. 16. The sidewalk along the front property line of the parcels shall be repaired. 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 and Standards. 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. '" ~, ~j-~!~ ~- alJ~!! , ~tr;J , ; 3 Q.", i:;!15 - "U'lbS . oij::C7b~ ~~~:~ ~~!f;,~ o a~-" '::f a:::CS:"'" ~~n.~Zi .d · "~ ~ i... ,... ~" ~ i!~ P .. .. , \ \ \ ' \ \ I PROPOSED Sit wf><J PROPOSED BUILDING MODIFI~~~::~~t,,\ ;,(j~~;;:~;~~;.:;~-~/ 4 ooe B-2 # DATE REQUEST ACTION 1 6/27/88 Use Permit (auto repair) Granted 2 6/13/00 Conditional Use Permit (indoor recreation facility) Granted 3 10/17/95 Conditional Use Permit (automobile repair garage) Granted 4 6/13/95 Conditional Use Permit (recreational facility of an Granted outdoor nature) 2/11/92 Use Permit (gulf driving range) Granted 8/11/96 Use Permit (mini gulf) Granted 5 11/26/96 Conditional Use Permit (auto auctions) Granted 6 6/8/93 Conditional Use Permit (church) Granted ZONING HIS;TO'~ '_W,', _..."." ". ,,' - ,'W' I- Z w :E w I- ~ f/J w 0:: <Ii Ii ::I.. 9~ o!!, ~ 10"" ... is.e: I ~~ .t: j !:l~H~"" .! ~ !g>ii ... Q.. J ~'ti <Ii <=:6=" ~ =__.9't:: 0 i~l~ i s!.=l ;;: .:ll ~ :: 'E 8.&15 d tl:J c: e '"' j ~,g ~ ~ fdi~ ! 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DISCLOSURE ST'~I~~~~~2~~L~ ,..: ~'5:~;<~';4~;11~~:'~:,.::,~;::<~Z1 .~ ,:.:JE3A One:! LC / !<,\; 'N1~nda ... ,$~ .';:~: )', co:, 9 " 'h;_, ' . ,\,-. ::tQ~::itDr3?;/: :; .,?' }P;'".", """ Item # 13 JBA One, L.L.c. Conditional Use Permit 930 and 940 South Military Highway District 1 Centerville October 11, 2006 CONSENT Janice Anderson: The next matter is agenda item #13. It's the application of JBA One, L.L.c. This is a Conditional Use Permit for motor vehicle sales, service and bulk storage on property located at 930 and 940 South Military Highway in the Centerville District. Mr. Bourdon? Eddie Bourdon: Thank you Ms. Anderson. Again, for the record, Eddie Bourdon, a Virginia Beach attorney representing JBA One, and Mr. Alex Jones, principal is here. There are 16 conditions, which are all acceptable. I do believe you do have the modifications to conditions #7 & 8 that were passed out this morning. I would like to thank Leslie for all her hard work on this application. Janice Anderson: Thank you Mr. Bourdon. Is there any opposition to this application being placed on the consent agenda? Therefore, Gene Crabtree will review this application. Eugene Crabtree: This is a Conditional Use Permit to allow mot<?r vehicle sales on this property. The applicant has agreed to do improvements to this property by painting the existing structure and removing some of the other structures there as well as dressing up the property from a landscaping standpoint of view. Since everything will be cleaned up, and it does conform to the Comprehensive Plan for this area, we felt like this was a good item to put on the consent agenda. Janice Anderson: Thank you Mr. Crabtree. Mr. Chairman, I have a motion to approve the following agenda item for consent. It is agenda item #13. Barry Knight: Thank you. We have a motion on the table. Do I have a second? Mr. Henry Livas has seconded it. Is there any discussion? There is a motion on the floor to approve the consent agenda item by Jan Anderson and a second by Henry Livas. I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 I ANDERSON BERNAS CRABTREE AYE AYE AYE Item #13 JBA One, L.L.c. Page 2 HENLEY KATSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item #13 for consent. , ' Map M-8 Mop Not to Sc:ole P-I P-I CAMP PENDLETON STATE MILlTAKY RESERVATION P-I 009 CUP - Outdoor Recreation Facility ~ fS ~~ '. :-.;~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Anthony Lincoln & Cathleen Lincoln for a Conditional Use Permit for a skateboard ramp in the rear yard of property located at 637 Fort Raleigh Drive (GPIN 2426185142). DISTRICT 6 - BEACH MEETING DATE: November 14, 2006 . Background: Application of Anthony Lincoln & Cathleen Lincoln for a Conditional Use Permit for a recreational facility of an outdoor nature (skateboard ramp) on property located at 637 Fort Raleigh Drive (GPIN 2426185142). DISTRICT 6 - BEACH . Considerations: The applicant desires to construct a skateboard ramp in the northeast corner of the rear yard approximately seven (7) feet from the eastern side property line and six (6) feet from the rear property line. The ramp will primarily be used by the applicant and his son. The size of the ramp is proposed at 11 feet by 26 feet with platforms at both ends four (4) feet in height. One of the platforms will have a railing two (2) feet in height for a total height not to exceed six (6) feet in height above grade. To provide a secure skating surface, the ramp will be permanently mounted to the ground with concrete piers at both ends and in the middle. The ramp will be constructed with roofing paper or rubber between the plywood and the skating surface with insulation on the underneath side of the ramp to attenuate noise. The applicant has met with the adjacent property owners, as well as residents across the street and in the immediate area, explaining the proposal to construct the ramp and the conditions and restrictions under which it is to 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 between the hours of 10:00 am and 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. To ensure that the recommendations of the Comprehensive Plan to protect neighborhoods from destabilizing influences are met, it was vital that this proposal provide 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, a set of rules and standards were created by which the skateboard ramp will be constructed and used. The design of the Anthony Lincoln & Cathleen Lincoln Page 2 of 3 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 quiet enjoyment of the neighboring properties. The applicant also personally met with the adjacent residents, providing them with a copy of the standards and rules, and after explaining them to the residents, obtained their signatures of approval for the skateboard ramp. The Planning Commission placed this item on the consent agenda because they felt that the ramp will be constructed and operated in a manner compatible to a residential neighborhood, the applicant demonstrated support from surrounding residents, and staff recommended approval. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The ramp shall be built in substantial compliance with the drawing entitled "Lincoln Ramp" dated July 29, 2006. 2. The ramp shall only be used between the hours of 10:00 am and dusk. 3. The ramp shall be constructed with the following components to ensure the noise level is reduced as much as possible: a) insulation on the under side, b) sides closed with wood, and c) roofing paper or rubber roofing between plywood and surface of the ramp. 4. The ramp shall be located on the site consistent with the site plan submitted with the Use Permit application, behind the existing shed situated in the northeast corner of the rear yard. 5. A chain shall be placed across the ramp when not in use such that the ramp cannot be used. 6. At least one adult shall be outside the house and present when the ramp is in use. 7. 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 Anthony Lincoln & Cathleen Lincoln Page 3 of 3 Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Manager: ~.::. '\L.?:rs ~ Map M~ >..(~p ~O~ ~C, 5",,1.... ANTHONY AND CATHLEEN LINCOLN Agenda Item 16 October 11, 2006 Public Hearing ~4-~~\~~-----/- -----T- \ P -I N Staff Planner: Jeff Manuel P-I REQUEST: ! I [;:) (.AMP PfNDHTON STArr MIU1~RY RESERVATION Conditional Use Permit for a Recreational Facility of an C +door nature (skaterd ramp) CUP. Outdoor Recreation Facility ADDRESS I DESCRIPTION: Property located at 637 Fort Raleigh Dr. GPIN: 2426185142 COUNCIL ELECTION DISTRICT: 6 - BEACH SITE SIZE: 10,560 square feet SUMMARY OF REQUEST 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 used by the applicant and his son. The parcel has a two-story frame house and is located on the property in the Croatan Beach neighborhood. The applicant desires to construct a skateboard ramp in the northeast corner of the rear yard approximately seven (7) feet from the eastern side property line and six (6) feet from the rear property line. The size of the ramp is proposed at 11 feet by 26 feet with platforms at both ends four (4) feet in height. One of the platforms will have a railing two (2) feet in height for a total height not to exceed six (6) feet in height above grade. To provide a secure skating surface, the ramp will be permanently mounted to the ground with concrete piers at both ends and in the middle. The ramp will be constructed with roofing paper or rubber between the plywood and the skating surface with insulation on the underneath side of the ramp to attenuate noise. The applicant has met with the adjacent property owners, as well as residents across the street and in the immediate area, explaining the proposal to construct the ramp and the conditions and restrictions under which it is to 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 between the hours of 10:00 am and 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. -",-,."'" '" ~' '--.-.,,/., ANTHONY AND CATHIi:EENLINC~LN ";':: ':"'~' .,; " " . " ;'i':1 A9~ndaJt . .t6. , 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family residential SURROUNDING LAND USE AND ZONING: North: South: East: West: . Camp Pendleton State Military Reservation . Single Family Residential / R-1 0 Residential Single Family . Single Family Residential / R-1 0 Residential Single Family . Single Family Residential / R-10 Residential Single Family NATURAL RESOURCE AND CULTURAL FEATURES: The site is developed with a single-family residence, a wood deck, lawn, concrete driveway and walk, and an accessory structure. There are no known significant natural resource or cultural features on the site. AICUZ: The site is in an AICUZ of 70 to 75 dB 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 is opposed to this use at this location due to potential for noise complaints to be generated. PARKS AND Parks and Recreation supports any legal private outdoor recreational facility RECREATION: that fills a need in the community that cannot otherwise be met by a City- owned and operated facility. Parks and Recreation is in support of the subject application if the Planning staff finds that the development, location and use of the skateboard ramp would be compatible with, and does not have an adverse impact on, adjacent land uses. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. .._'-'"V,",'_"._. '/":::,--~,' ' ANTHONY AND CA THli.EENLIN ~9~nda It~ Evaluation: 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.), skateboarding ramps have the potential to become nuisances to surrounding residents, especially in regard to the 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 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 second 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, due to the nature of the rolling wheels on the riding surface and the size of the ramp, that has the potential to create the greatest nuisance. Thus, the requirement for this Conditional Use Permit is necessary. To ensure that the recommendations of the Comprehensive Plan to protect neighborhoods from destabilizing influences are 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, a set of rules and standards were created 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 quiet enjoyment of the neighboring properties. The applicant also personally met with the adjacent residents, providing them with a copy of the standards and rules, and after explaining them to the residents, obtained their signatures of approval for the skateboard ramp. Staff, therefore concludes that the ramp will be constructed and operated in a manner that it will not be a destabilizing influence on the neighborhood, and approval of the use permit is recommended, subject to the following conditions. CONDITIONS 1. The ramp shall be built in substantial compliance with the drawing entitled "Lincoln Ramp" dated July 29,2006. 2. The ramp shall only be used between the hours of 10:00 am and dusk. 3. The ramp shall be constructed with the following components to ensure the noise level is reduced as much as possible: a) insulation on the under side, b) sides closed with wood, and c) roofing paper or rubber roofing between plywood and surface of the ramp. 4, The ramp shall be located on the site consistent with the site plan submitted with the Use Permit application, behind the existing shed situated in the northeast corner of the rear yard. 5. A chain shall be placed across the ramp when not in use such that the ramp cannot be used. 6. At least one adult shall be outside the house and present when the ramp is in use. 7. 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" ,. /".._,~ " /"..., i"'_' _..,'\ '" ,. /",,', :"'-:;.; a ANTHONY AND CA TH~EENLlNQf>U~i ~gendaJt "16 3 "-,',,. ::: ......"., 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. 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 and Standards. 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. .,:~":" ", .-..,....... ':. ,.' ""-" . "'. ANTHONY AND CA TH~'sENUNd' ;~9ElndaJt " .";,; &.~~ ~ \""., i:!: o (4~ llvdJe-hn NOW OR FORMERlY COMMONWEALTH Of VIRGINIA e Wc.od Fe-hee- l N77"30'00"E J 80.00 ~IN{f') 0,1' 0.3' f.. ~ (\/ (\,j (\/ i:!: N <'F) - ('t) - "........... ( 6A \ 7.0 '- J ii'"l N FENCE ON UN!: 13..' 2.0 <:> iO <0 ~ <0 2LO lU g NeD 2-51Y-FR. ~ NeD RE51DENCE tI) N b l"') ll'\ #G37 <1i ('t) " N " C\J N - 10.2' - Z r!l 23.5' ; I N 'It tI) <~ f',/~q" ~..s>'CL .~~..,,' <:9. . ~,:. . iiZ ,,: Q,'. 'u ., :z '0 . , . u .... 223.0 l' 1"1N(f) 80.00' l"lN(l") 57-r3000'W FORT RALEIGH DRIVE (50' R./W) PROPOSED LOCATION OF RAMP '4'-"",; T''>',,'" ,. A....~ 4:".,.) ,~,. ANTHONY AND CATHlfEfiNl~f~ ~~~n9aJ.' ~A I iU :> ~ CJ :r: \9 - lU ...J ~ ~ o lL Of;'<'-',!"'" T' [/...:... /,:../::. ~I<G"'-. .G"~niY Ct:w;r; ~.>f...r. I /' j Ii , 11.' BASE OF RAMP 1-.-4'-...; , I- I t , 4' II I ' I : )1 Lincoln Ramp i' I -J.-' i~ . f' ! . GRADE ,I 26' EXISTING SHift:) -. Not to Scale r ROOFING PAPER BETWEEN PLYWOOD AND RAMP SURFACE SOUND ATTENUATION @ UNDERSIDE OF DECK RAMP SECTION Not to Scale l - I ~, I Jh Lincoln Ramp WOOD SHEATHING (HELPS CONTAIN SOUND) CONCRETE PIER ~ PROPOSED RA~\ ANTHONY AND CATHIl.;:1~;~3~~l .^ d It " ~::Y...'. ~~na.' .' ~ Map M-8 ~1,:.p \tQ~ 't::::~ S,,::,'!':Il~.~ CAMP PENDU10N 51'ATE f.mrrARY RfSf~VA TJON P-I -"!/ ~:: ~-::.: :":"~, -(::-" """./ ~=:::=- -N;'~~ '- " .' Q\ , ' /' ~, c::t/:::.-/ ~/ P-I P-I CUP - Outdoor Recreation facility There has been no zoning activity in this area in the recent past. ZONING HISTORY ANTHONY AND CA TH i~ ..'" <ll~ ill Q}.."5..~ lL.,~ ~l;;", ~~.~ ~K~ ~$ t4 Q') e! c> w,;-o'€ ~'lE;; 3 --!~ v, 0 ,_ S .!;,E . ~ "'- .. oo..:::;2'l! o'li ;:,g ...I.,::,g$ ;C"'Q .. ~.!~~ ;:-1t,-~ c: -:,..eU;lZ-s; gg,-" J! ;; ;c-ei",:g 0_::,0(1)> e::...!.l g o'l:!C:<:: tr \a, '.~ ,,., ;-:~~I g'r:Oi'::; ~".!.~ ~Il'l~< ::f'.'Ji;,i:........ "cr. ..." ~<e8 ~ "4i!1'~ !.e .s: : '" ~ , , j~ ~~ ~~ ~~ nddV lIWlIad ~ ' -0 '" '" 1il S i t 1<>- 1;: j'j ~ '" .s .& 1 !--'-~..~ t .ll:: is i "'. !! ! Q~ IiI !illl:: I'~, .~ j..:.'S !i! ! I!~ ! ,ca;':': II It ! I~: I 11= i lIt , ! ..c'Q,. II r~ I l'li~ 1-= , I:! 1 f I'}:, f-:-~ Ie '" '" ,! ! ,.Q I 1J1. $"8 E~ -Q :! t'lZ ,~ ~ ill:: ~j 2~ i~ l$-.c 0.""'"" :E ~~ ~8: c,e: ,:: ~. DISCLOSURE STATE~E~. "';;:\.. -< ~~~ ""Y".> , , ""'';''- ;0,':';~. (~~~} "..:<' ,'\., L Item #16 Anthony Lincoln & Cathleen Lincoln Conditional Use Permit 637 Fort Raleigh Drive District 6 Beach October 11, 2006 CONSENT Janice Anderson: The next matter is agenda item #16. It's an application of Anthony Lincoln and Cathleen Lincoln. This is for a Use Permit for a recreational facility of an outdoor nature, which is a skateboard ramp, on property located at 637 Fort Raleigh Drive, Croatan area, Beach District. Welcome sir. Anthony Lincoln: Thank you. I'm Tony Lincoln. I appreciate you guys putting this on the consent agenda. I have reviewed everything. It looks great. I accept it. Janice Anderson: So, the seven conditions are acceptable? Anthony Lincoln: Yes. Janice Anderson: Thank you Mr. Lincoln. Anthony Lincoln: Thank you. Janice Anderson: Is there any opposition to this application being placed on the consent agenda? Therefore, Jay Bernas will review this matter for us. Jay Bernas: Thank you. This is a Conditional Use Permit for a skateboard ramp. This is located in the Croatan subdivision in the Beach District. This is a similar application to one we had approved for the Shadowlawn neighborhood a few months back with similar conditions. The size of the ramp is only 11' x 26', with only 4' in height, so it is hardly the size of the Mount Trashmore skate ramp. To attenuate noise, they will be required provide some insulation on the skating surface. Although there is opposition from the neighbor across the street, we do have signed copies of approval from the adjacent property owners, and this site backs up to the Camp Pendleton area. So, we feel like this should be placed on the consent agenda for approval. Janice Anderson: Thank you Mr. Bernas. Mr. Chairman, I have a motion to approve the following agenda item for consent. It is agenda item #16. I ' Barry Knight: Thank you. We have a motion on the table. Do I have a second? Mr. Henry Livas has seconded it. Is there any discussion? There is a motion on the floor to Item #16 Anthony Lincoln & Cathleen Lincoln Page 2 approve the consent agenda item by Jan Anderson and a second by Henry Livas. I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item #16 for consent. t . (~ ~ \~~\j ~ ~ .. ~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Louisa Avenue and Virginia Beach Boulevard, Inc. for a Conditional Use Permit for a bulk storage yard on property located at the northeast intersection of Louisa Avenue and Virginia Beach Boulevard (GPINs 2407858843; 2407858917). DISTRICT 6 - BEACH MEETING DATE: November 14,2006 . Background: Application of Louisa Avenue and Virginia Beach Boulevard, Inc. for a Conditional Use Permit for a bulk storage yard on property located at the northeast intersection of Louisa Avenue and Virginia Beach Boulevard (GPINs 2407858843; 2407858917). DISTRICT 6 - BEACH . Considerations: The applicant requests a Conditional Use Permit to allow the storage of materials for Tidewater Valve and Fitting, a locally based pipeline product supplier. The applicant's new, 6,000 square foot, split-face block and metal building can be built by-right under the site's existing B-2 Community Business District zoning, which is the predominant zoning category on the northern side of Virginia Beach Boulevard in this area. The proposed storage yard proposed behind the building requires a Conditional Use Permit. The new building will provide the sales office, retail space and warehouse for the applicant's business. The bulk storage yard will be for storage of small diameter (less than eight inches) copper and PVC piping and other pipe products such as valves, tees, elbows, etc. The hours of operation will be 6:00 a.m. to 6:00 p.m., Monday through Saturday. The yard will be located on the northern portion of the parcel, and will consist of a crusher run surface of approximately 2,900 square feet. The use of crusher run, in lieu of an all weather surface, must be approved by the Planning Director prior to the approval of the final site plan. The required vegetated, 15-foot wide buffer is depicted along the northern property line, adjacent to an existing non- conforming residential dwelling. In addition, a security fence is depicted surrounding the storage area. Details of the fence were not provided; however, Staff has conditioned approval for the installation of a solid, six (6) foot high fence, consistent with the requirement of Category VI landscaping surrounding all bulk storage yards. Chain link and barbed wire are not permitted. The proposal is in conformance with the Comprehensive Plan's recommendations for this area and with recent changes to the City Zoning Louisa Avenue and Virginia Beach Boulevard, Inc. Page 2 of 3 Ordinance for proposals within the highest AICUZ. This property is located within the Greater than 75 AICUZ and is within approximately 380 feet of Accident Potential Zone 1 (APZ). The proposal is sensitive to the adjacent dwellings and protective measures have been conditioned such as the installation of Category VI landscaping, additional landscaping along Louisa Avenue to screen the stormwater management facility, location of the dumpster more than 120 feet from any dwelling unit, and limitation of the hours of operation. There was opposition to the request. In response to the opposition, the applicant agreed to increase the height of the fence to eight (8) feet (reflected in Condition 5 below), to change the hours of operation (reflected in Condition 2 below), and to modifications to the building elevations (new elevation is provided in the attached staff report). . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. When the site is developed, the layout shall be in substantial conformance with the plan entitled, "Tidewater Valve and Fitting," dated 8/1/06, prepared Massey Design & Associates, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, with, at a minimum, the following modifications: unless otherwise authorized by the Department of Public Works, the radius on the northwest corner of the site must be depicted on the final site plan and constructed as a 25 foot radius per City of Virginia Beach Public Works Standards; improvements to Louisa Avenue must be depicted on the final site plan and constructed, as deemed necessary by Public Works; and, a 5 foot wide sidewalk along Virginia Beach Boulevard connecting to the existing sidewalks to the east and west shall be depicted on the final site plan and installed as required. 2. The fence labeled as "security fence" on the plan entitled, "Tidewater Valve and Fitting," dated 8/1/06, prepared Massey Design & Associates, P.C., shall be a solid fence with a minimum height of eight (8) feet. Chain link and barbed wire shall not be permitted on the site. 3. In addition to the landscaping depicted on the landscape plan entitled, "Tidewater Valve and Fitting, Landscape Plan" dated 8/1/06, prepared Massey Design & Associates, P.C., the eastern edge of the stormwater management area shall be planted with low growing evergreen shrubs to aid in screening the pond. Said additional landscaping shall be depicted on the landscape plan submitted with the final site plan. It should be noted that additional landscaping may be required during final site plan review. Louisa Avenue and Virginia Beach Boulevard, Inc. Page 3 of 3 4. The use of crusher run in the bulk storage area may be permitted provided a waiver of on-site improvements is requested and approved by the Planning Director during final site plan review. 5. As long as there is a nonconforming single-family dwelling on the property immediately adjacent to the north, the hours of operation of the bulk storage yard shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Saturday. 6. When the building is constructed, it shall be in substantial conformance with the elevation entitled, "OfficelWarehouse Facility for Tidewater Valve," dated July 24,2006, prepared by Daugherty & Associates Architecture, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than 14 feet. A Photometric Lighting Plan shall be submitted during final site plan review for review and approval by City staff. . 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 Manage~ k ,~G<'"L LOUISA AVENUE & VIRGINIA BEACH BOULEVARD, INC. Agenda Item 11 October 11, 2006 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Conditional Use Permit for bulk storage. ADDRESS I DESCRIPTION: Property located at the northeast intersection of Louisa Avenue and Virginia Beach Boulevard. GPIN: 2407858843 COUNCIL ELECTION DISTRICT: 6-BEACH SITE SIZE: 1.08 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow the storage of materials for Tidewater Valve and Fitting, a locally based pipeline product supplier. While the applicant's new, 6,000 square foot, split-face block and metal building could be built by right under the current B-2 Community Business District zoning, it is the proposed storage yard in the rear (north side) of the property that requires a Conditional Use Permit. The new building will provide the sales office, retail space and warehouse for the applicant's business. The bulk storage materials will be small diameter (less than eight inches) copper and PVC piping and other pipe products such as valves, tees, elbows, etc. The hours of operation will be 6:00 a.m. to 6:00 p.m., Monday through Saturday. The site plan depicts a crusher run storage area of approximately 2,900 square feet on the northern portion of the site. The use of crusher run, in lieu of an all weather surface, must be approved by the Planning Director prior to the approval of the final site plan. The required vegetated, 15-foot wide buffer is depicted along the northern property line, adjacent to an existing residential dwelling. In addition, a security fence is depicted surrounding the storage area. Details of the fence were not provided; however, Staff has conditioned approval based on the installation of a solid, six (6) foot high fence, consistent with the requirement of Category VI landscaping surrounding all bulk storage yards. Chain link and barbed wire will not be permitted. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND USE AND ZONING: North: South: . Single-family dwelling / B-2 Community Business District . Virginia Beach Boulevard, office. single-family dwelling /0-2 Office District. R-5D Residential District . Restaurant, self-storage / B-2 Community Business District . Single-family dwelling / B-2 Community Business District East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The property is located within the Chesapeake Bay watershed. The majority of the site is grass field. There do not appear to be any significant environmental features on the site. AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): The Virginia Beach Boulevard and First Colonial Road Intersection Improvements project is scheduled to begin construction in 2009 (CIP 2-072). Louisa Avenue is a local street with a 40 foot right-of-way. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Virginia Beach 20,548 ADT 14,800 ADT I (Level of Existing Land Use ~- Boulevard Service "C") -22,800 ADT 440 ADT 1 (Level of Service "0") Proposed Land Use 3_ 372 ADT Average Dally Tnps 2 as defined by typical 6,000 sf of commercial 3 as defined by 6.000 sf of office warehouse WATER: This site must connect to City water. There is a 12-inch water main in Virginia Beach Boulevard. There is a six (6) inch water main in Louisa Avenue. SEWER: This site must. connect to City sanitary sewer. Analysis of Pump Station 262 and the sanitary sewer collection system may be required to ensure future flows can be accommodated. There is an eight (8) inch City sanitary sewer main in both Virginia Beach Boulevard and Louisa Avenue. , -,</-' Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan Map designates this area of the city as the Strategic Growth Area #7- Hilltop/North Ocean a Area. The Comprehensive Plan identifies the First Colonial Road corridor from 1-264 to Hilltop and Laskin Road through the Hilltop area as an area that is considerably underdeveloped. The plan recommends non-residential uses because of the AICUZ in this area. Special attention should be paid to quality site and building design to increase the overall attractiveness of this area. Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations for this area and with recent changes to the City Zoning Ordinance for proposals within the highest noise zone. This property is located within the Greater than 75 AICUZ and is within approximately 380 feet of Accident Potential Zone 1 (APZ). The proposal is sensitive to the adjacent residential neighborhood and protective measures have been conditioned such as the installation of Category VI landscaping, additional landscaping along Louisa Avenue to screen the stormwater management facility, location of the dumpster more than 120 feet from any dwelling unit, and limitation of the hours of operation. It is likely, based on comments received from Traffic Engineering staff, that improvements to Louisa Avenue will be required, as the current width of the pavement will not accommodate two-way truck traffic. In addition, the radius on the northwest corner of the site must be depicted on the final site plan and constructed to City of Virginia Beach Public Works Standards, as the depicted 25 foot curb radius will not fit within the right-of-way lines at the corner as shown on the site plan. The developer will be responsible for adding a 5 foot wide sidewalk in front of the site along Virginia Beach Boulevard connecting to the existing sidewalks to the east and west. This sidewalk must be shown on the final site plan. And, finally, there is an existing power/telephone pole located within the proposed site access point on Virginia Beach Boulevard. The Developer will be responsible for coordinating and paying for the relocation of this pole with the utility owners. CONDITIONS 1. When the site is developed, the layout shall be in substantial conformance with the plan entitled, "Tidewater Valve and Fitting," dated 8/1/06, prepared Massey Design & Associates, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, with, at a minimum, the following modifications: unless otherwise authorized by the Department of Public Works, the radius on the northwest corner of the site must be depicted on the final site plan and constructed as a 25 foot radius per City of Virginia Beach Public Works Standards; improvements to Louisa Avenue must be depicted on the final site plan and constructed, as deemed necessary by Public Works; and, a 5 foot wide sidewalk along Virginia Beach Boulevard connecting to the existing sidewalks to the east and west shall be depicted on the final site plan and installed as required. 2. The fence labeled as "security fence" on the plan entitled, "Tidewater Valve and prepared Massey Design & Associates, P.C., shall be a solid fence with a minimum height of six (6) feet. Chain link and barbed wire shall not be permitted on the site. 3. In addition to the landscaping depicted on the landscape plan entitled, "Tidewater Valve and Fitting, Landscape Plan" dated 8/1/06, prepared Massey Design & Associates, P.C., the eastern edge of the stormwater management area shall be planted with low growing evergreen shrubs to aid in screening the pond. Said additional landscaping shall be depicted on the landscape plan submitted with the final site plan. It should be noted that additional landscaping may be required during final site plan review. 4. The use of crusher run in the bulk storage area may be permitted provided a waiver of on-site improvements is requested and approved by the Planning Director during final site plan review. 5. As long as there is a nonconforming single-family dwelling on the property immediately adjacent to the north, the hours of operation of the bulk storage yard shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday and 8:00 a.m. to 7:00 p.m. on Sundays. 6. When the building is constructed, it shall be in substantial conformance with the elevation entitled, "OfficelWarehouse Facility for Tidewater Valve," dated July 24, 2006, prepared by Daugherty & Associates Architecture, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than 14 feet. A Photometric Lighting Plan shall be submitted during final site plan review for review and approval by City staff. 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 and Standards. 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. AERIAL OF SITE fN~~~ NV1d 3~IS ! ~ f !I: P. ! . ; J i I ~g (lid ! 1!lhi I OA'8 H0V38 VINI9l:11A OZ91. 1 t w~ i.i~ .. I - I H " .! 9NIllI::l aNY 3A'VA 1:I3.LVM301~ i i ~ : !~~ I ; ~. . Ii ~ I ... J 1 ~ z 1 I l~ ~I ~ :;1 i- i ~,' I n ~ ~ ~p I i ~ 2! i ~ ~ ;.:. r. ~ il ) Ii 1. ~ a ~ ;.. i ~ H ;1 iii' ! I :! : i ~ ua~ I ~ I !~ tj ;2 Ill: ~, '. 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Conditional Use Permit Northeast intersection of Louisa A venue & Virginia Beach Boulevard District 6 Beach October 11, 2006 REGULAR Joseph Strange: The next item is item #11, Louisa Avenue and Virginia Beach Boulev ;J, Inc. Application of Louisa Avenue and Virginia Beach Boulevard, Inc. for a Conditl.'al Use Permit for a bulk storage yard on property located at the northeast intersectIon of Louisa A venue and Virginia Beach Boulevard, District 6, Beach, with seven conditions. Barry Knight: Welcome sir. Please state your name for the record. Clay Massey: Yes sir. Commissioner and members of the Board, I'm Clay Massey with Massey Design Associates and I'm representing the applicants. We have read the staff conditions. There are seven ofthose and we're in agreement with those. In addition to the staff conditions, on Monday of this week Ms. Smith, with the Planning Department, had provided us with a list of concerns from the Oceana Civic League. We've met with the civic league yesterday, and discussed their concerns. Both the applicant, engineer, architect, and the contractor and I think we have a compromise and I would like to ask to modify a couple of the conditions. The civic league had asked that the fence, item #2. Staff had recommended a six-foot fence, a solid fence. The civic league had asked for an eight-foot fence. We are in agreement with that. We would like to modify that or change that to an eight-foot fence. Item #5, staff had recommended hours of operation to include Sunday and went from 7:00 to 7:00 on Monday through Saturday. The civic league requested that hours of operation be 7:00 am to 6:00 pm, Monday through Saturday. We are in agreement with the changes of hours of operation. The civic league also asked for some changes to the fa<;ade of the building. Barry Knight: Sir, can I stop you for a second? Clay Massey: Yes sir. Barry Knight: Does that mean no Sunday's also? Clay Massey: No Sundays. Yes sir. Barry Knight: Thank you. ~ '-'='-- Item #11 Louisa Avenue and Virginia Beach Boulevard, Inc. Page 2 Clay Massey: The hours of operation that the applicant agrees to is 7:00 am to 6:00 pm, Monday through Saturday. Barry Knight: Thank you. Continue. Clay Massey: The building itself, although meets the requirements for materials. The civic league had asked for certain changes in the appearance of the building. The contractor has provided instead of split block but provide an over sized brick building up to ten feet, provided siding from 10 feet up to the roof line. Windows will be more of a residential type appearance. In lieu of the aluminum storefront windows, they will be double hung style. Windows will be included on both sides of the building, residential style in the brick area. Currently it was just on the front on each side. Windows will provide in the center, in the front of the siding, in the upper areas, almost a dorm type window. They will add 12 inches to the front heave overhanging the roof and the awnings, an architectural rendering will be provided. The rear exterior will remain aluminum siding. I do have a little of change from the rendering but we would like to enter that into the record as a compromise to what the civic league is looking for in terms of a residential style. Barry Knight: This is going to be a new elevation. Condition #6 says elevation dated July 24. This will be a new elevation with a different date on it. Clay Massey: Yes sir. We will issue a new elevation with these changes in the fa<;ade of the front and the sides. Barry Knight: Thank you. Do you have anything else? Clay Massey: No sir. Do you have any other questions? Barry Knight: Are there any other questions for Mr. Massey at this time? Okay. You will get a chance to come back up. Thank you sir. Clay Massey: Thank you. Joseph Strange: Speaking in support is Michael Bernier. Barry Knight: We1come sir. Please state your name for the record. Michael Bernier: Michael Bernier, owner of Tidewater Valve. Barry Knight: Okay. Michael Bernier: Weare looking forward to getting this and we are in agreement. Thank you. Item #11 Louisa Avenue and Virginia Beach Boulevard, Inc. Page 3 Barry Knight: Thank you. Are there any questions? Thank you sir. Joseph Strange: Speaking in opposition, we have Sam Reid. Sam Reid: Good afternoon. My name is Sam Reid, Oceana Gardens Coalition Civic League. As Mr. Massey said, we did have a meeting with him yesterday afternoon. They have agreed to substantial changes in the elevation, which is to make it look more residential instead of the industrial elevation that you have currently. I don't need to report all the things they have gone with but they decided to do quite a few things to help us. In lieu of, if they outgrow the building and move out and so forth, that was our main concern that it is more residential looking and more commercial looking for a clothing store or anything else that would happen in the future. In keeping the neighborhood in line, it is a 1906 established and we're trying to keep the neighborhood in that form. We appreciate everything that the owner is doing, and we wouldn't mind changing from opposition to support. Barry Knight: We appreciate that. Thank you. Are there any questions for Mr. Reid? Mr. Bernas? Jay Bernas: I know you met with him and he talked about some things that he was doing, and you're comfortable supporting the application without seeing the new elevations? Sam Reid: All of this is going on the record and after talking with him he wants to become part of the civic league as one of the business leaders. He is very concerned that he's welcomed into the community, so I have no doubt that the elevations will reflect what we're looking for with the brick and with the window panes, the mullions and so forth, double hung and the awnings will look attractive. He is putting up the clapboard siding from the 10 foot up, note the gable ends and the overhangs which makes it all look more residential. The building next to it, Rick's Cafe, Mr. Briggs owns all that. And that is brick. And also on the other side is Acre Realty, which is brick, actually an old home. So, we are pretty comfortable with it as long as everything goes forward with what's on the record here, it should be good. Barry Knight: Thank you Mr. Reid. Are there any other questions? Thank you. Mr. Massey you are more than welcome to come back up but I don't know if there is any need for it. State your name for the record please? Clay Massey: I'm sorry. Barry Knight: Your name for the record? Clay Massey: Clay Massey, Massey Design. We've agreed, as the elevations are being developed, to provide the civic league and to share with the other members. As Mr. Item #11 Louisa Avenue and Virginia Beach Boulevard, Inc. Page 4 Bernier stated, it is very important that he become part of the community. So, we look forward to working with the civic league to become part of the community. Barry Knight: Thank you very much. Ms. Anderson has a question. Janice Anderson: It is not a question but just a comment. Mr. Massey, I just want to thank you and Mr. Bernier for working with the civic league, of course, Mr. Reid, and Betty for meeting with me and working altogether. I think this is much better than the first proposal, and if you would supply those elevations prior to Council, we would appreciate it. Thank you very much. Clay Massey: Thank you. Eugene Crabtree: That answered my question, prior to Council. Clay Massey: Thank you Mr. Chairman. Barry Knight: Thank you. I'll open it up for discussion. Okay. Ms. Anderson. Janice Anderson: I would vote to support the application with the changes to the conditions as dictated to the record by the applicant Mr. Massey. Barry Knight: Okay. We have a motion. Do I have a second? Mr. Crabtree is a second. There is a motion on the floor by J an Anderson and a second by Gene Crabtree with condition #2 amended to reflect an eight foot fence, condition #5 amended to omit Sundays in hours of operation, Monday through Saturday 7:00 am to 6:00 pm, and condition #6, he will provide new elevations. Is there any discussion? I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KA TSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD ABSENT Item #11 Louisa Avenue and Virginia Beach Boulevard, Inc. Page 5 Ed Weeden: By a vote of 9-0, the Board has approved the application of Louisa A venue and Virginia Beach Boulevard, Inc. with the conditions as amended. Barry Knight: Thank you. L::::,.,~,,_ October 9,2006 Planning Commissioners: The Oceana Gardens Coalition Civic League would like to bring to your attention, our concerns with the architectural design for the building of Tidewater Value and Fitting. The property located at the northeast intersection of Louisa Ave. and Virginia Beach Blvd. Our League is aware that Tidewater Value and Fitting is requesting a Conditional Use Permit for bulk storage on this property, to be heard on October 11, 2006. Sam Reid, President and Betty Mills, Secretary for the Oceana Gardens Coalition Civic League met with Carolyn Smith on October 4th to view the architectural drawings for this company. We feel as representatives for the League, we would like to suggest the following. That architectural features be incorporated into the design of the building so that it blends with the residential uses in this neighborhood, and complies with the Comprehensive Plan by increasing the overall attractiveness of this area. 1. As the plans show the building appears to have the design of building constructed in designated Industrial Parks and not compatible with our neighborhood. 2. Exterior east, west, south walls should be brick. Rear wall should be CMU. 3. Windows with divided window panes, should be used to blend with residential uses. No exposed metals siding visible from any directions. 4. Mansard roof lines at first floor ceiling and height on front elevation. 5. Roofing should be architectural grade shingles or standing seam metal roof. 6. Roof should project beyond building walls at a minimum of 12" to provide pleasing shadow lines. 7. Gables should be employed to break up expanse of the roof. 8. Offsets, indentation, false windows, etc. should be utilized to add architectural interest to exterior walls visible from the streets. ~ '----- 9. The fence labeled as "security fence" on the plan, should be solid, sturdy, and 8' tall, constructed from maintenance free materials. This would eliminate the need for dumpster enclosure. 10. Area designated for crusher run should be paved. 11. The times for deliveries to the bulk storage yard shall be limited to Monday - Saturday from 7:00 a.m. to 6:00 p.m. and no Sunday deliveries. The reason we feel this to be necessary is due to residential property at the back line and side line on Louisa Ave. of the bulk storage yard. The Oceana Gardens Coalition Civic League would appreciate your consideration to the above concerns. Should you desire to speak. with either Sam Reid or Betty Mills with any further questions, you may reach us at our cell phones. Sam Reid 284-1067 or Betty Mills 761-4428. Sincerely, i ~ ~_. _J (;' jl) .'t .... l.f / ~ cJc.Jn) 0(.. Sam Reid, P~sident · ) . . ,.Jz20'57 J.lt Betty Mills, Secretary L~._ L. APPOINTMENTS BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS (BZA) CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY AND MANAGEMENT TEAM (CSA) COMMUNITY SERVICES BOARD (CSB) EMPLOYEE BENEFITS TASK FORCE HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA) INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE PLANNING COMMISSION RESORT ADVISORY COMMISSION (RAC) WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. Reschedule regular Briefing, Informal and Formal Sessions of City Council for January 2007: Combine the First and Second regular Tuesdays to be held January 9,2007 Regular Third Tuesday Workshop to be held January 16, 2007 January 23 will be the regular Fourth Tuesday Agenda O. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE: November 7, 2006 D C E L PAGE: I E D H C R A W S I E J L N U N I AGENDA T E D N 0 A D H U L W ITEM # SUBJECT MOTION VOTE E Z Y L N N 0 R E S 0 P E E E E A R I V 0 0 H L R Y S N F N A N D I-A CITY COUNCIL BRIEFING: NAVAL AVIATION MONUMENT UPDATE Fred Metz, Chairman - Monument Committee II-A CITY MANAGER'S BRIEFINGS: REDEVELOPMENT STRATEGY Donald Maxwell, Director - Economic Development Robert Scott, Director - Planning B LANDFILL # 2 COMPOSTING FACILITY Charles Meyer, Chief Operating Officer - C 2006 COMPREHENSIVE ANNUAL Patricia Phillips, FINANCIAL REPORT (CAFR) Director - Finance II1'IV / CERTIFICATION OF CLOSED SESSION VNJ! V1I-E CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y F-I MINUTES - October 24, 2006 APPROVED 9-0 A Y Y Y Y Y A Y Y Y Y B S T A I N E d GIH/I Resolution re Development Authority issuing ADOPTED BY 10 -0 A Y Y Y Y Y Y Y Y Y Y -I Revenue Refunding Bonds for Our Lady of CONSENT Perpetual Help Health Center, Ine. 2 Resolution AUTHORIZING BRAC funds! ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y execute agreement with Va National Defense CONSENT Industrial Authoritv re distribution of funds. 3 Resolution to provide "law enforcement officer" ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y benefits to full-time/salaried EMS Technicians. CONSENT 4 Resolution to APPOINT Elizabeth S. Chupik ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y Assistant City Attorney effective November 16, CONSENT 2006. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE: November 7, 2006 D C E L PAGE: 2 E D H C R A W S I E J L N U N I AGENDA IT E D N 0 A D H U L W ITEM # SUBJECT MOTION VOTE E Z Y L N N 0 R E S 0 P E E E E A R I V 0 0 H L R Y S N F N A N D 5 Ordinance to AMEND S 21-302 of the City Code ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y re parking trailers on city streets. CONSENT 6 Ordinance to AUTHORIZE encroachment into ADOPTED/ 10-0 A Y Y Y Y Y Y Y Y Y Y portion of City property for STEPHEN CONDmONED GJDEBORAH A. COREY re boat lift/piles BY CONSENT into Bass Inlet (aka Mill Creek) at 344 Back Bay Crescent (DISTRICT 7 - PRINCESS ANNE) 7 Ordinance to TRANSFER $935,000 within ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y various school projects Comp Modernization CONSENT Study Phases IIUlV for replacement of - Windsor Woods Elementary 8-a Ordinances to GRANT franchises to Old Virginia MOTION TO 5-5 A N N N Y N N Y Y Y Y Carriage Co., LLC from November 15,2006 to APPROVE LOST April 15, 2007 re: TO NEGATIVE VOTE Guided horse tours on sand beach between Rudee Inlet/42nd St b Horse-drawn carriaee rides on Boardwalk J APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S BOARD OF BUILDING CODE APPEALS - New Construction (Alternate) EMPLOYEE BENEFITS TASK FORCE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE RESORT ADVISORY COMMISSION WETLANDS BOARD KII.I ADJOURNMENT 6:50 PM M PUBLIC COMMENTS - Non-Agenda Items 4 Speakers