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APRIL 10, 2007 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF. At-Large VICE MAYOR WUIS R. JONES, Bayside - District 4 WIlliAM R. DeSTEPH, At-Large HARRY E. DIEZEL. Kempsville - District 2 ROBERT M. DYER.. Centerville - District} BARBARA M. HENLEY. Princess Anne - District 7 REBA S. McCLANAN. Rose Hall - District 3 JOHN E. UHRIN. Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON. At-Large JAMES L. WOOD. Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER -JAMES K. SPORE CITY ATTORNEY - LESUE 1. ULLEY CITY CLERK - RUTH HODGES SMITH. MMC 10 APRIL 2007 1. CITY MANAGER'S BRIEFINGS - Conference Room - A. PATRIOTIC FESTIVAL James Ricketts, Director - Convention and Visitors Bureau B. TAXI OPERATIONS Charles Meyer, Chief Operating Officer C. SPORTSPLEX Cindy Curtis, Director - Department of Parks and Recreation II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. CITY COUNCIL WORKSHOP - Conference Room - A. RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 234568005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 1 :00 PM 3:00 PM v. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Donald R. Staton Police Chaplain 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 April 3, 2007 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. INSTALLMENT PURCHASE AGREEMENT for acquisition of Agricultural Land Preservation (ARP) Easement - 1877 Pleasant Ridge Road 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AMEND ~ 21-407 of the City Code re charges for towing and storage of vehicles. 2. Ordinance re the ACCEPTANCE of a Deed conveying title to the Lynnhaven House at Wishart Road from the Association for the Preservation of Virginia Antiquities (APV A) to the City of Virginia Beach. 3. Ordinance to AUTHORIZE the City Manager to EXECUTE an Installment Purchase Agreement with James T. Morris, Margaret Morris Creech, Nelson E. Morris and Patricia Morris Trowbridge re an Agricultural Land Preservation Easement (ARP) at 1877 Pleasant Ridge Road. DISTRICT 7 - PRINCESS ANNE 4. Ordinance to AUTHORIZE the City Manager to execute a Dredged Material Disposal Area Use Agreement between the City and civic and/or neighborhood associations re residents disposing of dredged material in the City-owned Whitehurst Borrow Pit Disposal Area. 5. Ordinance to AUTHORIZE a temporary encroachment into portions of City property, known as Treasure Cove/Canal for JEFFREY J. and DEBORA L. BERGER at 2405 Spindrift Road, re removal of an existing marginal wharf, maintain an existing bulkhead, construct and maintain a pier and two (2) boatlifts. DISTRICT 5 - L YNNHA VEN 6. Ordinance to REQUEST the Virginia Department of Transportation (VDOT) establish a project under the Congestion Mitigation and Air Quality Program to establish traffic signal retiming; ACCEPT grants in the &mount of$I,756,091; and, APPROPRIATE $555,791 in FY 2006-07 for the infrastructure improvement with the City's appropriate share of cost. 7. Ordinance to TRANSFER $167,974 from the Department of Human Services; APPROPRIATE $53,732 in fund balance from the DEA Seized Property Fund to the FY 2006-07 Police Department operating budget re purchase of a generator to provide emergency power to the Recovery Center and the Law Enforcement Training Academy. K. PLANNING 1. Application of KINGS GRANT CITGO for a Moditication of Conditions for a Conditional Use Permit (approved by City Council on April 24, 1989) at 428 North Lynnhaven Road to add two (2) drive-through service bays. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 2. Application of AVALON CHURCH OF CHRIST for Modification of Conditions for a Conditional Use Permit (approved on August 22, 1995) at 844 Woodstock Road re additional on-site parking and a modular structure to be used for Sunday School classes. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of ROBERT and BERNICE DUMAS for the expansion of a Nonconforming Use to enlarge their home at 2318 Calvert Street. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 4. Application of ZION CITY OF DELIVERANCE OUTREACH for a Conditional Use Permit re a churc.h at 5405 Indian River Road. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 5. Application of CAL VARY CHAPEL OF VIRGINIA BEACH for a Conditional Use Permit re a church at 5228 Indian River Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of WARDS CORNER BEAUTY ACADEMY, INC. for a Conditional Use Permit re a beauty school at 544 Newtown Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 7. Application of BAYSIDE CHURCH OF CHRIST for a Conditional Use Permit re a church at 5025 Shell Road. DISTRICT 4 - BA YSIDE RECOMMENDATION APPROVAL 8. Application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit re filling a borrow pit at Oceana Boulevard and Credle Road. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL L. APPOINTMENT HEALTH SERVICES ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT TOWN HALL MEETINGS June 19 September 18 November 20 Location To Be Announced -7:15 pm Location To Be Announced -7:15 pm Location To Be Announced -7:15 pm CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 17 (Workshop) April 19 (public Hearing) April 24 (Workshop) April 24 (Public Hearing) May 1 (Workshop) May 8 (Reconciliation Workshop) May 15 (Adoption) Council Conference Room Bayside High School at 6:00 p.m. Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room Council Conference Room Council Chamber at 6:00 p.m. ********* 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 04/1012007gw www.vbgov.com 1. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00 PM A. PATRIOTIC FESTIVAL James Ricketts, Director - Convention and Visitors Bureau B. TAXI OPERATIONS Charles Meyer, Chief Operating Officer C. SPORTSPLEX Cindy Curtis, Director - Department of Parks and Recreation II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. CITY COUNCIL WORKSHOP - Conference Room - 3:00 PM A. RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) v. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf 5:00 PM B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberlldorf B. INVOCATION: Reverend Donald R. Staton Police Chaplain 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 April 3, 2007 G. AGENDA FOR FORMAL SESSION .tl1ulutinu 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. INSTALLMENT PURCHASE AGREEMENT for acquisition of Agricultural Land Preservation (ARP) Easement - 1877 Pleasant Ridge Road NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISI- TION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearing with respect to the execution and delivery of an Installment Purchase Agreement for the acquisi- tion of an agricultural land preservation easement with respect to land located at 1877 Pleasant Ridge Road. in the City of Virginia Beach, Virginia. pursu- ant to Ordinance No. 95-2319, as amended. known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (ai promote and encourage the preservation of farm- land. (b) preserve open spaces and the area's rural character, le) conserve and protect environmentally sensitive resources, (d) reduce and defer the neec for major infrastructure improvements and the expenditure of publiC funds for such improvements. and lei assist in shaping the character, direction and timing of community development. Such ease- ment will be purchased pursuant to Installment Pur- chase Agreement for an estimated maximum pur- chase price of $189,366. The City's obligation tc pay the purchase price under the Installment Pur- chase Agreement is a general obligation of the City. and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punc':ual payment of the purchase price and the interest on the unpaid principal balance of the pur- chase price as and when the same respectively become due and payable. The Public Hearing, which may be continued or adjourned, will be held by the City Council on April 10, 2007, at 6:00 p.m. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Vir- ginia Beach. Virginia. Any citizen interested in this matter may appear and be heard. CITY OF VIRGINIA BEACH. VIRGINIA By: r .'. , )..,..,/ : .._-;;/~7.-', ""'~'L'<"~_c~ ,/ Ruth Hedges Frase I , MMC Title: City Clerk Beacon Mar. 25 & Apr. 1, 2007 16i'47S94 I. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AMEND ~ 21-407 of the City Code re charges for towing and storage of vehicles. 2. Ordinance re the ACCEPTANCE ofa Deed conveying title to the Lynnhaven House at Wishart Road from the Association for the Preservation of Virginia Antiquities (APV A) to the City of Virginia Beach. 3. Ordinance to AUTHORIZE the City Manager to EXECUTE an Installment Purchase Agreement with James T. Morris, Margaret Morris Creech, Nelson E. Morris and Patricia Morris Trowbridge re an Agricultural Land Preservation Easement (ARP) at 1877 Pleasant Ridge Road. DISTRICT 7 - PRINCESS ANNE 4. Ordinance to AUTHORIZE the City Manager to execute a Dredged Material Disposal Area Use Agreement between the City and civic and/or neighborhood associations re residents disposing of dredged material in the City-owned Whitehurst Borrow Pit Disposal Area. 5. Ordinance to AUTHORIZE a temporary encroachment into portions of City property, known as Treasure Cove/Canal for JEFFREY J. and DEBORA L. BERGER at 2405 Spindrift Road, re removal of an existing marginal wharf, maintain an existing bulkhead, construct and maintain a pier and two (2) boatlifts. DISTRICT 5 - L YNNHA VEN 6. Ordinance to REQUEST the Virginia Department of Transportation (VDOT) establish a project under the Congestion Mitigation and Air Quality Program to establish traffic signal retiming; ACCEPT grants in the amount of$I,756,091; and, APPROPRIATE $555,791 in FY 2006-07 for the infrastructure improvement with the City's appropriate share of cost. 7. Ordinance to TRANSFER $167,974 from the Department of Human Services; APPROPRIATE $53,732 in fund balance from the DEA Seized Property Fund to the FY 2006-07 Police Department operating budget re purchase of a generator to provide emergency power to the Recovery Center and the Law Enforcement Training Academy. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 21-407 of the City Code Pertaining to Charges for Towing and Storage of Vehicle MEETING DATE: April 10, 2007 . Background: Most vehicles that are towed for parking violations are claimed by their owners within twenty-four hours. Virginia Code ~ 43-32 authorizes tow truck services to obtain a lien on vehicles that are not claimed by the owner if the tow truck service sends written notice to the owner within seven days of towing the vehicle. In order to determine the vehicle owner's identity and mailing address, in almost all cases, the tow truck service must conduct a title search. The City Code currently authorizes tow truck services to recover a fee, not to exceed $50, for conducting a title search, but only if the search is conducted seven days after the vehicle was towed. . Considerations: Because state law authorizes a lien only if the tow truck service notifies the owner within seven days of the tow, and because the current City Code provision permits recovery of title search costs only if the search is conducted more than seven days after the tow, tow truck services are unable to both comply with the state law and recover title search costs as provided for under the City Code. This ordinance, which was requested by the Towing Advisory Board, will authorize a tow truck service to recover a fee as payment for its title search costs on any vehicle not claimed within 72 hours. . Public Information: This ordinance was discussed at the Towing Advisory Board's public meeting on February 14, 2007. The ordinance will be advertised in the same manner as other agenda items. . Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Management service~ City Manager: ~k .~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 AN ORDINANCE TO AMEND SECTION 21-407 OF THE CITY CODE PERTAINING TO CHARGES FOR TOWING AND STORAGE OF VEHICLE; RECEIPT REQUIRED SECTION AMENDED: ~ 21-407 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-407 is hereby amended and reordained to read as follows: Sec. 21-407. Charges for towing and storage of vehicle; receipt required. (a) No tow truck service or operator operating within the City shall, at any time, charge a basic towing fee greater than the fees set forth below: TABLE INSET: Gross weight of vehicle 11,000 pounds or less 11,001 pounds or more Maximum fee $125.00 285.00 The basic fee shall be inclusive of any additional towing services such as the use of a dolly. This subsection shall apply only when a vehicle is moved or towed without the prior consent and agreement of the owner or custodian of the vehicle. (b) No tow truck service or operator shall assess any charges for storage for the initial twenty-four (24) hours, nor charge more than twenty dollars ($20.00) per twenty-four-hour period thereafter, for any vehicle with a gross weight of eleven thousand (11,000) pounds or less removed from private property without the consent of the owner or custodian of the vehicle, whether such tow originates in this City or any other jurisdiction. For vehicles with a gross weight of more than elev~n thousand (11,000) pounds, a storage fee not to exceed twenty dollars ($20.00) per twenty-four- hour period may be assessed after the first twenty-four (24) hours. Delays caused by storage yard personnel shall not be included when computing storage charges. (c) If any vehicle is not redeemed within ocvcn (7) d.J.Yo seventy-two (72) hours after it is towed, the tow truck service shall be entitled to recover an additional fee, not to exceed fifty dollars ($50.00), as payment for the cost of any search conducted 1 48 to determine the registered owner and lien holder, if any, of the 49 vehicle. 50 51 (d) No tow truck service or operator shall charge any fee for 52 mileage, or any other fee in addition to the basic towing fee set 53 forth in subsection (a) above. In order to ensure that no tow truck 54 service or operator collects more than the fees authorized by this 55 section, tow truck services and operators shall provide change for 56 cash payments made by any person whose vehicle has been towed or 57 released after hook up. 58 59 (e) A monetary receipt for each and every fee collected must 60 be given to those persons whose vehicles have been towed by a tow 61 truck service, or released after hook up, upon release of the 62 vehicle. The information on the receipt must be clearly legible and 63 include the time, date and place of the tow, the name of the tow 64 truck operator who made the tow, and the name of the tow truck 65 service for which said operator works. The receipt must also list 66 the amount of money paid for the release of the vehicle, any 67 additional charges incurred in the tow, and the reason for said 68 additional charges. The following shall be printed conspicuously on 69 every receipt: "NOTICE: Virginia Beach City Code ~ 21-407 (f) 70 requires the tow company to offer you a Survey and Comment Form 71 wi th this receipt." A copy of the receipt must be retained by the 72 tow truck service for a period of one (1) year and shall be made 73 available for inspection by city police or the Commissioner of the 74 Revenue during normal business hours of the tow truck service 75 owner. 76 77 (f) A survey and comment form, developed by the Towing 78 Advisory Board, shall be offered to th.ose persons whose vehicles 79 have been towed by a tow truck service, or released after hookup, 80 upon release of the vehicle. 81 82 COMMENTS 83 This amendment authorizes a tow truck service to recover a fee as payment for its cost to 8 4 conduct a title search on any vehicle that has not been claimed within 72 hours. The current code 8 5 authorizes the fee only on vehicles not claimed after the seven days. 86 87 Adopted by the City Council of the City of Virginia Beach, 88 Virginia, on this day of , 2007. APPROVED AS TO CONTENT: i!a~es APPROVED AS TO LEGAL SUFFICIENCY: f~~ City Attorney's Office 2 ~~ ~:{~~~?\" .;""""'" =.~ o;.'":.~-"; . ~!J ...:",,~.....'-.; ~...~-~.?~ ~~J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Approve the Acceptance of a Deed Conveying Title to the Lynnhaven House to the City of Virginia Beach MEETING DATE: April 10, 2007 . Background: On November 28, 2006, City Council approved the terms of a transaction whereby the City would acquire certain parcels of real estate from the Association for the Preservation of Virginia Antiquities (APVA). Included in those terms was a provision of a lease to the City for 99 years of the parcel on which is situated the Lynnhaven House, a historically significant structure which dates to circa 1725. Since the date of Council's action, the APVA has offered to convey title to the Lynnhaven House to the City instead of leasing same for the 99 year term. . Considerations: The change in terms for the transaction will allow the City to assume ownership of this historic house. There is no additional cost to the City associated with the change from the provision of a lease to the conveyance of title. Additionally, the agreement between the City and the APVA will provide that the City will defend any action arising out of the conveyance. . Public Information: Public Information will be handled through the normal City Council agenda process. . Recommendations: Approval . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Museums and Cultural Arts ~ ~ City Manage . ~ . ~ ~ 1 2 3 AN ORDINANCE TO APPROVE THE ACCEPTANCE OF A DEED CONVEYING TITLE TO THE LYNNHAVEN HOUSE TO THE CITY OF VIRGINIA BEACH 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, by Ordinance adopted November 28, 2006, the City Council did approve the terms of a transaction involving the conveyance of certain properties from the Association for the Preservation of Virginia Antiquities (APVA) and Lynnhaven House, LLC to the City of Virginia Beach; WHEREAS, the terms which were approved included a lease of the parcel on which the Lynnhaven House is situated to the City for a ninety-nine (99) year term; WHEREAS, the APVA is now agreeable to convey title to the parcel on which the Lynnhaven House is situated to the City instead of the lease of same; and WHEREAS, the City Council does agree to accept title to the said parcel. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council approves the amendment of the terms of the transaction involving the three (3) parcels located at 4401, 4405, and 4409 Wishart Road, previously approved by ordinance adopted November 28, 2006, to provide that title to Parcel 1-B, on which the Lynnhaven House is situated, shall be conveyed to the City of Virginia Beach, and further approves the addition of a term whereby the City agrees to defend any claim arising out of the conveyance of such parcel to the City. of the City of Virginia Beach, , 2007. Council day of Adopted by the Virginia, on the APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A<<w Department of Museums and Cultural Arts CAI0365 V:\applications\citylawprod\cycom32\WpdocS\D004\P001\O0030994.DOC R-l April 4, 2007 IA'~ ~~ g{~. .... '.':;-.\~ ~.- =... ~~- - ;1,; r:+....~~p ~~;:f;' ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement over Property Identified as GPIN 2412-21-3229 and the Issuance by the City of its Contract Obligations in the Maximum Amount of $189,366. (Property of James T. Morris, Margaret Morris Creech, Nelson E. Morris and Patricia Morris Trowbridge, the heirs of Laura E. Morris, deceased) MEETING DATE: April 1 0, 2007 . Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon nine (9) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (Le., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. . Considerations: The subject property consists of one (1) parcel of land having approximately 17.06 acres outside of marshland or swampland. It is owned by James 1. Morris, Margaret Morris Creech, Nelson E. Morris and Patricia Morris Trowbridge, the heirs of Laura E. Morris, deceased. Under current development regulations, there is a total development potential of one (1) single-family dwelling building site, zero (0) of which would be reserved for future development as a 3-acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located on Pleasant Ridge Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $189,366. This price is the equivalent of approximately $11,100. per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.5770% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.5770% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. . Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. . Alternatives: The City Council may decline to purchase the development rights to the property. . Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. . Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office); area map showing location of property. Recommended Action: Adoption Submitting Department/Agency: Agriculture Department J\ k"'} City Manager: ~ !( · 0et<Jt . ~.. 1 2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 3 AGRICULTURAL LAND PRESERVATION EASEMENT OVER 4 PROPERTY IDENTIFIED AS GPIN 2412-21-3229 AND 5 THE ISSUANCE BY THE CITY OF ITS CONTRACT 6 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 7 $189,366 (PROPERTY OF JAMES T. MORRIS, 8 MARGARET MORRIS CREECH, NELSON E. MORRIS AND 9 PATRICIA MORRIS TROWBRIDGE, THE HEIRS OF LAURA 10 E. MORRIS, DECEASED) 11 WHEREAS, pursuant to the Agricultural Lands Preservation 12 Ordinance (the "Ordinance"), Appendix J of the Code of the City of 13 Virginia Beach, there has been presented to the City Council a 14 request for approval of an Installment Purchase Agreement (the form 15 and standard provisions of which have been previously approved by 16 the City Council,. a summary of the material terms of which is 17 hereto attached, and a true copy of which is on file in the City 18 Attorney's Office) for the acquisition of the Development Rights as 19 defined in the Installment Purchase Agreement) on certain property 20 located in the City identified as GPIN 2412-21-3229 and more fully 21 described in Exhibit B of the Installment Purchase Agreement for a 22 purchase price of $189,366; and 23 24 WHEREAS, the aforesaid Development Rights shall be acquired 25 through the acquisition of a perpetual agricultural land 26 preservation easement, as defined in, and in compliance with, the 27 requirements of the Ordinance; and 28 29 WHEREAS, the City Council has reviewed the proposed terms and 30 conditions of the purchase as evidenced by the Installment Purchase 31 Agreement; 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 36 1. The City Council hereby determines and finds that the 37 proposed terms and conditions of the purchase of the Development 38 Rights pursuant to the Installment Purchase Agreement, including 39 the purchase price and manner of payment, are fair and reasonable 40 and in furtherance of the purposes of the Ordinance, and the City 41 Manager or his designee is hereby authorized to approve, upon or 42 before the execution and delivery of the Installment Purchase 43 Agreement, the rate of interest to accrue on the unpaid principal 44 balance of the purchase price set forth hereinabove as the greater 45 of 3.5770% per annum or the per annum rate which is equal to the 46 yield on United States Treasury STRIPS purchased by the City to 47 fund such unpaid principal balance; provided, however, that such 48 rate of interest shall not exceed 5.5770% unless the approval of 49 the City Council by resolution duly adopted is first obtained. 50 51 2. The City Council hereby further determines that funding 52 is available for the acquisition of the Development Rights pursuant 53 to the Installment Purchase Agreement on the terms and conditions 54 set forth therein. 55 56 3. The City Council hereby expressly approves the 57 Installment Purchase Agreement and, subject to the determination of 58 the City Attorney that there are no defects in title to the 59 property or other restrictions or encumbrances thereon which may, 60 in the opinion of the City Attorney, adversely affect the City's 61 interests, authorizes the City Manager or his designee to execute 62 and deliver the Installment Purchase Agreement in substantially the 63 same form and substance as approved hereby with such minor 64 modifications, insertions, completions or omissions which do not 65 materially alter the purchase price or manner of payment, as the 66 City Manager or his designee shall approve. The City Council 67 further directs the City Clerk to affix the seal of the City to, 68 and attest same on, the Installment Purchase Agreement. The City 69 Council expressly authorizes the incurrence of the indebtedness 70 represented by the issuance and delivery of the Installment 71 Purchase Agreement. 72 73 4. The City Council hereby elects to issue the indebtedness 74 under the Charter of the City rather than pursuant to the Public 75 Finance Act of 1991 and hereby constitutes the indebtedness a 76 contractual obligation bearing the full faith and credit of the 77 City. 78 Adoption requires an affirmative vote of a majority of all 79 members of the Ci ty Council. 80 2 Council of day of the City of Virginia , 2007. Beach, 81 82 Adopted by the Virginia, on this CA-10294 V: lapplications\citylawprodlcycom32\ WpdocsID008\POO4\OOO29442. DOC R-1 DATE: 3/13/07 APPROVED AS TO CONTENT: CERTIFIED AS TO AVAILABILITY OF FUNDS: (;;t~~angAJb- Clty 3 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2006-78 SUMMARY OF MATERIAL TERMS SELLER: James T. Morris, Margaret Morris Creech, Nelson E. Morris and Patricia Morris Trowbridge, the heirs of Laura E. Morris, deceased. PROPERTY LOCATION: 1877 Pleasant Ridge Road, Princess Anne District PURCHASE PRICE: $189,366. EASEMENT AREA: 17.06 acres, more or less DEVELOPMENT POTENTIAL: 1 single-family dwelling site (1 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.5770% (actual rate to be determined when STRIPS are purchased prior to execution ofIP A). Rate may not exceed 5.5770% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery ofIPA. .{~ f(~~))) \~~p ~-P' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance authorizing the execution of a Dredged Material Disposal Area Use Agreement Qetween the City and civic and or neighborhood associations for the placement of dredged material in the City-owned Whitehurst Borrow Pit Disposal Area MEETING DATE: April 10, 2007 . Background: The City has received requests from neighborhood groups and civic associations for help with finding a location for disposal of dredged material from their ancillary channels. The Whitehurst Borrow Pit has an approximate capacity of over one million cubic yards for dredged material disposal and provides an opportunity to facilitate these requests and serve as the City's primary disposal area for its navigational and stormwater facility maintenance dredging projects for many years. A use agreement format is proposed to facilitate the use of this site by private entities for'dredged material disposal. Similar use agreements had been approved and used at the City's Upper Wolfsnare House and North Twin Lake dredged material disposal areas. . Considerations: Adopting this ordinance and use agreement format will provide residents with a viable method to dispose of dredged material for private navigational dredging. . Public Information: Agenda notification process. . Alternatives: Other sites have been identified for this purpose; however they lack sufficient capacity, are in close proximity to residential areas, or are too remote to be practical. . Recommendations: Adopt Ordinance and authorize Use Agreement format. . Attachments: Ordinance and Use Agreement Recommended Action: Approval Submitting Department/Agency: Public Works pltP City Manage~s k ~~ V :\applicationslcitylawprodlcycom32IWpdocsID030IPOO 1 lOO030770.DOC 1 ORDINANCE AUTHORIZING THE EXECUTION OF 2 A DREDGED MATERIAL DISPOSAL AREA USE 3 AGREEMENT BETWEEN THE CITY AND CIVIC 4 AND OR NEIGHBORHOOD ASSOCIATIONS FOR 5 THE PLACEMENT OF DREDGED MATERIAL IN 6 THE CITY-OWNED WHITEHURST BORROW PIT 7 DISPOSAL AREA 8 9 10 WHEREAS, numerous civic and neighborhood associations 11 within the City of Virginia Beach have applied for permits to 12 dredge waterways within the City of Virginia Beach which abut 13 those civic or neighborhood associations; and 14 15 WHEREAS, those associations do not possess adequate 16 disposal options to accomplish this dredging; and 17 18 WHEREAS, the City owns a disposal area site known as 19 the Whitehurst Borrow Pit; and 20 21 WHEREAS, the Whitehurst Borrow Pit has capacity for 22 over one million cubic yards of dredged material disposal; and 23 24 WHEREAS, those associations have requested that the 25 City allow the placement of the dredged materials from the 26 waterways abutting those civic or neighborhood associations into 27 the Whitehurst Borrow Pit disposal area; and 28 29 WHEREAS, in the opinion of the Council of the City of 30 Virginia Beach, entering into a Dredged Material Disposal Area 31 Use Agreement with associations for the placement of dredged 32 materials in the City-owned Whitehurst Borrow Pit disposal area 33 will be beneficial for the preservation of the safety, health, 34 peace, good order, comfort, convenience, and welfare of the 35 people of the City of Virginia Beach. 36 37 NOW, THEREFORE, BE IT ORDAINED by the Council of the 38 City of Virginia Beach, Virginia: 39 40 That the City Council authorizes the City Manager or 41 his designee to execute a Dredged Material Disposal Area Use 42 Agreement, in a form substantially in conformance with the 43 document attached hereto as Exhibit A, between the City and such 44 civic or neighborhood associations, who hold a valid permit to 45 conduct dredging of a waterway, as he deems appropriate, for the 46 placement of dredged material from the waterway to be dredged by 47 that association into the Whitehurst Borrow Pit disposal area in 48 accordance with the Dredged Material Disposal Area Use 49 Agreement, and containing other terms as are acceptable to the 50 City Manager and approved by the City Attorney. 51 52 Adopted by the Council of the City of Virginia Beach, 53 Virginia, on this day of April, 2007. CA-10301 V:\applications\citylawprodlcycom321 WpdocsID030IPOO 1 lOO030768.DOC R-1 March 30, 2007 APPROVED AS TO SUFFICIENCY' 2 EXHIBIT A WHITEHURST DREDGED MATERIAL DISPOSAL AREA USE AGREEMENT THIS AGREEMENT, made and entered into as this _ day of , 20_ by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the "City" and , a hereinafter referred to as the "User", having a principal place of business; WHEREAS, the User is comprised of citizens residing along a waterway within the City of Virginia Beach located at [or attach a map/plat] which is in need of dredging to restore navigability (the "Waterway"); and WHEREAS, the User has applied for permits to dredge the Waterway and have hired (the "Contractor") to manage and accomplish said dredging; and WHEREAS, the User and the Contractor do not possess adequate disposal options to accomplish this dredging; and WHEREAS, the City is owner of a parcel of land on which the Whitehurst Borrow Pit is located; and WHEREAS, City Council has authorized the use of the Whitehurst Borrow Pit for disposal of dredged material from projects such as this, subject to the execution of a Use Agreement in this format; and WHEREAS, upon receipt of all necessary permits, the Whitehurst Borrow Pit ("the Disposal Area") will be suitable for the placement of dredged material. NOW, THEREFORE, THIS AGREEMENT WITNESSETH, that for and in consideration of the mutual and public benefits derived from the dredging of the navigable waterways, the City does hereby grant to the User the non-exclusive right and privilege to enter, occupy and use the Disposal Area in accordance with the attached plan, made part hereof, entitled" ", which plan is incorporated into this Agreement and made a part hereof pursuant to the following terms and conditions: 1. Costs of Improvements: Any and all improvements to the Disposal Area necessary to accomplish the dredging shall be made by the User at no cost to the City and shall become property of the City. 2. Erosion and Sediment Bond: To warrant the User and the Contractor's performance in the placement of materials in the Disposal Area, in accordance with all federal, state and local laws, an Erosion and Sediment bond in the amount of $ will be purchased by the Contractor and will remain in full force and effect until the termination of this Agreement. 3. Design Requirements: All improvements to the Disposal Area and plans for its use shall be designed by a qualified professional engineer and be in compliance with all applicable federal, state and local development standards and policies. All plans shall be reviewed and approved by the City in its sole Discretion, prior to commencement of construction activities. 4. Hazardous Materials: The User, its successors, assigns and guarantors, agree to indemnify, defend, reimburse and hold harmless the City, its officers, employees, agents, successors, assigns and invitees of such persons, from and against any and all environmental damages, claims or demands arising from the discharge of 2 Hazardous Materials (defined below) by the User and/or the Contractor, or either party's agents or assigns into the Disposal Area or elsewhere. This obligation shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by the City), even if such claims, suits or proceedings are groundless, false or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. The City, at its sole expense may employ additional counsel of its choice to associate with counsel, at the User's expense, representing the User and/or the Contractor. Any costs associated with violations of the law including, but not limited to, remediations, clean-up costs, fines, administrative or civil penalties or charges, and third party claims imposed on the City by any regulatory agency or by any third party as a result of noncompliance with federal, state or local environmental laws and regulations or nuisance statutes by the User or the Contractor, consultants, subconsultants, or any other persons, corporations or legal entities retained by the User for this contract, shall be paid by the User. The obligations of the User under this title shall survIve the expiration or termination of this Agreement. The phrase "Hazardous Materials" as used herein means any substance: (i) the presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law; or 3 (ii) which is or becomes defined as a "hazardous waste", "hazardous substance", pollutant or contaminant under any federal, state or local statute, regulation, rule or ordinance or amendments thereto including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601 et seq.) and/or the Resource Conservation and Recovery Act (42 U.S.C. section 6901 et seq.); or (iii) which IS toxic, explosive, corrOSIve, flammable, infectious, radioactive, carcinogenic, mutative, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the Commonwealth of Virginia or any political subdivision thereof; or (iv) the presence of which in the Disposal Area causes or threatens to cause a nuisance upon the Disposal Area or to adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the Disposal Area; or (v) the presence of which on adjacent properties could constitute a trespass by the User; or (vi) without limitation which contains gasoline, diesel fuel or other petroleum hydrocarbons; or (vii) without limitation which contains polychlorinated biphenyls (PCBs), asbestos or urea formaldehyde foam insulation; or (viii) without limitation which contains radon gas. 5. Permit Disclaimer: This Agreement shall not be construed as approval of any ancillary dredging permit applications by federal, state or local authorities, including 4 the City of Virginia Beach. Until the User obtains the permits necessary under applicable law to proceed with the dredging of the Waterway this Agreement shall be invalid and of no effect. 6. Scheduling and Information Requirements: The User hereby agrees to provide written notice to the City at least two (2) weeks prior to commencement of dredging and disposal operations for this project. This requirement does not obviate other reporting requirements outlined in any permit obtained by the User. 7. Use Limitations: Use of the Disposal Area by the User is hereby limited to the disposal of not more than cubic yards of dredged material as measured within the channel/canal of the Waterway to restore navigable water depths to the Waterway. In order to achieve this, the User (or at the User's direction, the Contractor) must: 1. Periodically, or at the request of the City, perform a survey to ascertain the volume of material placed and minimum depth; 11. Level and survey the pit after fill volume has been reached; 111. The User and/or the Contractor will pay the City the sum of $ per cubic yard of material over the specified fill limit if the final survey determines that the limit has been exceeded. The requirements in section (i) and (ii) above shall be met to the satisfaction of the City in its sole discretion. The User and/or the Contractor may be required to remove any dredged material over the specified fill limit, at the sole discretion of the City. 5 8. Site Condition at Completion: The User hereby agrees to maintain the Disposal Area in accordance with the applicable requirements of the City and Commonwealth of Virginia with respect to erosion and sedimentation control. The outfall shall be kept in good working condition and clear of debris during the life of this Agreement and be functional upon termination of this Agreement. 9. Site Attendant: The User hereby agrees to provide a disposal area attendant, with work experience in dredging operations acceptable to the City in its sole discretion, on-site at the Disposal Area at all times during dredged material placement operations under the terms of this Agreement. The attendant shall keep close and careful watch over the Disposal Area to detect leakage or outfall failure and provide security surveillance. At all times, the attendant shall be in radio contact with representatives of the Contractor to alert the Contractor of serious conditions which require assistance to control or discontinuance of dredging operations. 10. Misplaced Material: The User shall take all precautions that, in the opinion of the City are necessary, to prevent the misplacement or escape of dredged material from the Disposal Area. In the event of any breaks or overflow of the retaining dike or outfall, the Contractor will be required to discontinue dredging operation until such breaks or overflow of the retaining dike or outfall are remedied and the misplaced material recovered at the sole expense of the User, to the sole satisfaction of the City. 11. Transfer of Rights and Privileges: It is expressly agreed that the rights and privileges granted in this Agreement are not transferable. 6 12. Termination: The rights and privileges granted in this Agreement shall expire on or before . The City may, at its option and upon written notice to the User, suspend or revoke this Agreement as the result of the User's failure to comply with any of the terms and conditions described herein. The User may terminate this Agreement by written notice to the City of completion of work or upon abandonment of the dredging project. Within thirty (30) days of termination by either party or upon expiration, the City shall make a final inspection of the site to determine compliance with the terms and conditions contained herein. Any defects discovered by said final inspection shall be reported to the User in writing and shall be corrected prior to the release of the Erosion and Sediment Bond. 13. Contactor's Responsibilities: The User acknowledges and agrees that the Contractor is the agent of the User and any act or omission by the Contractor in the performance of any obligation under this Agreement shall be deemed a breach by the User and the User shall bear sole responsibility for any acts or omission of the Contractor with respect to this Agreement. 14. Requirements For Agreement With Contractor: The User agrees that its agreement with the Contractor will be in writing and will contain (i) a provision requiring the Contractor to be bound by all provisions of this Agreement, and (ii) a provision making the City a third party beneficiary to User's agreement with the Contractor. Failure to include either provision, each satisfactory to the City in its sole discretion, shall be deemed a breach and default under this Agreement. User shall provide a copy of such contract to the City prior to the commencement of work. 7 15. Applicable Law: This Agreement shall be governed as to all matters whether of validity, interpretation, obligation, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been accepted by the parties in the Commonwealth of Virginia. 16. Compliance With All Laws: The User and Contractor shall comply with all federal, state and local statutes, ordinances and regulations now in effect or hereafter adopted, in the performance of the works set forth herein. The User represents that it or any contractor performing work as a part of this project possesses all necessary licenses and permits required to conduct its business and will acquire any additional licenses and permits necessary to performance of this Agreement prior to initiation of work. The User further represents that it is a [corporation/limited liability company/partnership] in good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of this Agreement. The User shall at all times observe all health and safety measures and precautions necessary for the sanitary and safe performance of the work described herein. 17. Nondiscrimination: Employment discrimination by the Contractor shall be prohibited. The User agrees it will, during the performance of this Agreement, require the Contractor to follow the following provisions: 1. The Contractor 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 8 relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provlSlons of this nondiscrimination clause. 2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that the Contractor is an equal opportunity employer. 3. 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. 4. Contractor will include the provisions of the foregoing Sections 1, 2, and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 18. Drug-Free Workplace: The User agrees it will, during the performance of this Agreement, require the Contractor to follow the following provisions: 1. The Contractor will provide a drug-free workplace for the Contractor's employees. 2. The Contractor 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 the Contractor's 9 workplace and specifying the actions that will be taken against employees for violations of such prohibition. 3. The Contractor will state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace. 4. The Contractor will include the provisions of the foregoing Sections 1, 2, and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 19. Venue: Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach, Virginia or the Unites States District ,Court for the Eastern District of Virginia, Norfolk Division. 20. Hold Harmless: It is understood and agreed that the User 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 the User, its contractor, agents, or employees under or in connection with this Agreement or the performance or failure to perform any work allowed by this Agreement. The User shall save harmless and indemnify the City and its agents, volunteers, servants, employees and officers from and against any and all claims, losses or expenses, including but not limited to attorney's fees, which either or both of them may suffer, payor incur as the result of claims or suits due to, arising out of or in connection with any and all such damage, real or alleged, and the User shall, upon written demand by the City assume and defend at the User's sole expense any and all such suits or defense of claims. 10 21. Modification: There may be no modification of this Agreement, except in writing, executed by the City Manager, or his designee, and the User. 22. Notices: All notices, requests, demands, and other communications required or permitted to be given under the terms of this Agreement shall be deemed to have been duly given if in writing and delivered personally, given by prepaid telegram, or mailed by first-class (postage-prepaid), registered, or certified mail as follows: If to the City: City Manager Municipal Center Virginia Beach, Virginia 23456 Ifto Either party may change the address to which such communication are to be directed by giving written notice to the other party in the manner provided herein. Any notice, request, demand or other communication made pursuant to this Agreement shall be deemed to have been received by the addressee at such time as it is personally delivered or on the third business day after it is mailed, as the case may be. As evidence of their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: [Name of Entity] By: Title: 11 ATTEST: CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of City Manager ATTEST: City Clerk APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: City Attorney Public Works STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: , a Notary Public in and for the City and State hereby certify that , of , whose name is signed to the foregoing writing, bearing dated on the day of 20_, has acknowledged the same before me in my City and State aforesaid. I, aforesaid, do Given under my hand this . day of ,20~. Notary Public My commission expires: 12 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: , a Notary Public in and for the City and State hereby certify that , of , whose name is signed to the foregoing writing, bearing dated on the day of 20_, has acknowledged the same before me in my City and State aforesaid. I, aforesaid, do Given under my hand this day of ,20_. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, Virginia, whose name is signed to the foregoing writing, bearing dated on the day of , 20_, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of ,20_. Notary Public My commission expires: 13 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Clerk of the City of Virginia Beach, Virginia, whose name is signed to the foregoing writing, bearing dated on the day of , 20 , has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of ,20_. Notary Public My commission expires: V:\applicalionslcilylawprodlcycom321 WpdocsID030IPOO 1 I00030796.DOC 14 #tfA f5~~' __~s:, .\'!"""'" .., ~-.~~/.J" ~~-~.~ 'e,.0ult~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City property known as Treasure Cove/Canal by property owners, Jeffrey J. Berger and Debora L. Berger MEETING DATE:- April 10, 2007 . Background: Jeffrey J. Berger and Debora L. Berger have requested permission to remove an existing marginal wharf, to maintain an existing bulkhead and to construct and maintain a pier and two (2) boatlifts within a portion of the City's property known as Treasure Cove/Canal located at the rear of 2405 Spindrift Road, Virginia Beach, Virginia 23451. This item was under review prior to Council direction regarding landscape buffer as a condition of granting approval for encroachments adjacent to waterways. . Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Treasure Canal- and in other canals of Bay Island - which is where Mr. and Mrs. Berger have requested to encroach. One council-approved encroachment agreement and several construction permits were identified for these encroachments. . Public Information: Advertisement of City Council Agenda. . Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the Agreement. . Attachments: Ordinance, Agreement, Plat and Pictures and Location Map. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate ~ PAl) City Manager: ~ l~ ~ M~ X:\Projects\Encroach nts pplicants\Berger-2405 ~i~\Agenda.Frm.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS TREASURE COVE / CANAL BY PROPERTY OWNERS, JEFFREY J . BERGER AND DEBORA L. BERGER WHEREAS, Jeffrey J. Berger and Debora L. Berger desire to remove an existing marginal wharf, to maintain an existing bulkhead and to construct and maintain a pier and two (2) boatlifts within a portion of the City's property known as Treasure Cove/Canal, located at the rear of 2405 Spindrift Road, ln the City of Virginia Beach, Virginia. WHEREAS, City Council is authorized pursuant to ~ ~ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, Jeffrey J. Berger and Debora L. Berger, their heirs, assigns and successors in title are authorized to maintain temporary encroachments for removal of an existing marginal wharf and maintenance of an existing bulkhead and to construct and maintain a pier and two (2) boatlifts in the City's property as shown on the map marked Exhibit "A" attached hereto and entitled: "ENCROACHMENT FOR WATERCRAFT STORAGE & MOORING FOR JEFFREY BERGER, 2405 SPINDRIFT ROAD, VIRGINIA BEACH, VA 23451," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroa'chments are expressly subj ect to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Jeffrey J. Berger and Debora L. Berger (the "Agreement 11 ) , which is attached hereto and incorporated by reference; and BE IT FURTHER authorized designee Agreement; and ORDAINED, that the City is hereby authorized his the Manager or to execute 48 49 50 51 52 53 54 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Jeffrey J. Berger and Debora L. Berger and the City Manager or his authorized designee executes the Agreemen t . Adopted by the Virginia, on the Council day of CA-I0292 X: IOIDIREAL ESTATEIEncroachmentslPW OrdinanceslCA 10292 Berger.doc V:lapplicationslcity1awprodlcycom32lWpdocslD008lP004100029459.DOC R-l PREPARED: 3/12/07 APPROVED AS TO CONTENTS of City of virginia , 2007. the Beach, APPROVED AS TO LEGAL SUFFICIENCY AND FORM r~~ ~ jv~~ C T TTORNEY PREPARED BY VIRGINIA BEACH CITY A TIORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 26th day of February, 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JEFFREY J. BERGER AND DEBORA L. BERGER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E S S ET H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Site No. "251" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND, SECTION TWO" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2405 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to remove an existing marginal wharf, to maintain an existing bulkhead and to construct and maintain a pier and two (2) boatlifts, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Treasure Cove/Canal, the "Encroachment Area"; and No GPIN Assigned to City Property known as Treasure Canal GPIN 1499-99-3458-0000 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "Encroachment for Watercraft Storage & Mooring for Jeffrey Berger, 2405 Spindrift Road, Virginia Beach, VA 23451," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or 3 contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, Jeffrey J. Berger and Debora L. Berger, the said Grantee, has caused this Agreement to be executed by their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATIEST: City Clerk '=d?~~4- Debora L. Berger STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of . 200-, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this da)T of , 200_, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 5 ~\,. STATE OF VIRGINIAV' ,) ~ CITY ICOUNTY OF I (j'\!\..i <., b e-:-lo-wit: The foregoing instrument was acknowledged before me this .0-0 day of K11 J -<--,1y, 2007, by Jeffrey J. Berger. My Commission Expires: STATE OF VIRGINIJ\ J . ~ () // \.,\r- CITY/COUNTY OF V~\.f\\"" l,,/-V, to-wit: The foregoing instrument was acknowledged before me this } " day of r:Lb IL-Af ,2007, by Debora L. Berger. My Commission Expires: I Q )J l ( 09 APPROVED AS TO CONTENTS ~.s: C. dC.w-s6>.. S NATURE PiD 7(~rJ ES16tf., DEPARTMENT i\,) x:\Projects\Encroachments\Applicants\Berger-2405 Spindrift\Agreement Encroachment.doc 6 I ! f ! r .,i r 94' 10 1- OPPO::;.lTE . j .iCWhAHWf ~XJSTtN<:;". '40' ..TO .' . ....[.SULKHE,<\DCfJANNEl . . l' ..... . ., . . .." .. ,..V..... ..... R. t.MOVE ...:E.XIS. t.ljo.jti .. ..... MARGINAL WHARF . . "EXHIBIT A" . :,"':',. - . ,--.-, . . . tREASURE: . COVE!r'.ANAL SCALf;. -". .:30' .tee "", ~~ PROPOSED PiER~0~ .. ~., &. 80ATUFTSI'\.'.z."'-~, fLOOO 1/ .~ . "'- . .i PROPERTY LINE 1 1 1 .. :. r I , 1 ., , I I I I Y 1 l. , 1 .1 I I I I I 1 1 I .1 '1 I I I I I . I I .1 I . 1 I I I 1 1 1 I ,. f' . 1 1 I I I 1 I I 1 I 1 I I I I I I 1 I I , I I ___e>' RRAINAGE .& ,0-' . UT1UTY EASEMENT '0. ~. ,...",: '0 c:> <!> <!l ..-7.-PRDPERTY UNE LOr. .: 2.52 MARY ACASILo.1AN 14.99-:99-243.6 IW5t# 200411190184098 MB 48-, PiS DRAINAGE '.1c UT,UrYt:ASEMENT / r I r 1 ., :-: . 0-1 " I ./ 1 / / r 1 I 1 ETr.L. .r / 04.35470 I I r I I I I I I , I : :to' 25' A.=84.77' R:::-:i637..20' 40~ 2 4' ;':" , '.. " . ...:.... II ",. " 4 .:. .: .. \4.. <. '.' \ o. ...~: \. r '.' .4.;: ~. .... LOT 250 ElLIS' E MAlASAD. 499~99~4570. . INST# 20060.::5220 MB 48. ?15 LOT 2.51 JE,FREY8CRGER 1499 '." 99 ~ 3!!-58 INST# 20060516000742940 r)' 20' 4C)" ~~ SP:i'jD~~lFT R[": .(~,:J .R/W.) ~i 2005 MAR~!'lf. :: NG1!'.J[ER!~'.!G ~.- .t.!: RiGH~5 F;E.SER\/EG. ENCROACHMENT fOR I WATERCRAFT STORAGE & MOORING i"OR IJEFFREY BERGER 24-05 SPINDRIFT ROAD VIRG!~1IA BEACH. VA 23451 , MARI~jE E~~GINEERING 1297 BRADDOCK AVENUE VIRGIt\]IA BEACH. VA 23455 PH: (757) 477-4787 DATUM. MLW = 0.00' JOB NUMBER 06210 SHEET 1 OF 2 I I D,"'-.TE. JULY 29. 2e05 ! I --~-------.,j PROPOSED PIER AND BOATLlFT DETAILS S.CALE: 1" :: 1::/ i'C" Pil.E, '__12?,__,F8 J .... I. DL,\,-.I""C: ! : n.....f_..... in N ~ 1-11.6'--1 E}(iSTilJG -'. B~jLKH.EAD \' \ r- ._,,' -j ,.-.- ' , / '........ '-'--. T I . . . o . . j C ..- o i ! '12;'S/ I +-'" ~, r-----u-:- ..... ~ I .:> -,-. \ \ EXiSTiNG BULKHEAD PlLES j ON S' APPROX CENTERS l>: I -I 1----,-- ':+:.31 .5' ~_.----I \ , \ L-__ (;.5.3', TO PL \ '. SEf PROF'OSED PiLES RELf\!lvE TO '. EXISTING P!tESSUCH THA.T THmr. \ tS NO INTERFERENCE WITH BO.t.TL!F-; _\ BOTTOM CROSS BE,lo.M 5/8" TIMBER BOLT, OGEE WASHER, HEX NUT (HOT DIPPED GALVANIZED) 16d. ZOd & 30d NAILS (HOT DIPPED GALVANIZED) 10,000 LB BOAT LiFr (INSTALLED PER MFG RECOMMENDATIONS) CONSTRUCTION BY WATERSIDE BARGE CONSTRUCTION MATERIALS: 8H & 10H PILING. 2.5 PCF SfU CCA TREATMEN:'!" 2" X 8" NO.2 CROSS TIE, 2:5 PCF SALT CCA TREATMENT 2" X 8" NO.2 WALER. 2:5PCF SALT CCA TREATMENT 2" X 6" OR z" X 8H DECKING, 0.25 PCF ACQ SALT TREATMENT DESIGN BASED ON STANDARD PP-A.CTICES. AlYPICAL SUBSOIL COi'IOITlONS HAVE NOT SEEN TAKEN INTO ACCOUNT. CONTACT THE ENGINEER IF PENETRATION DEPTHS OF PILES C.'IJ'INOT BE MET OR IF SOIL IS DISCOVERED NOT FIRM. ALL DIMENSIONS AND SPECIFICATIONS ARE MINIMUMS UNLESS OTHERWISE SPECIFIED. ENCROACHMENT FOR I' ~v!.IARI,t'-..ILL E~i{~'I!\jLLqlt'-.'I\n -I DATUM: MLW = 0.00'---"--- I WATERCRAFT STORAGE & MOORI~jG I 1\ . " U " L L I "I \ ...J I I FOR ~I 1297 8RADDOC}( AVENUE I JOB NUMBER 06210 \ .jEFFREY BERGER . YIRGl1'Ji,f>. BE..<-\CH. Vl'-. 23455 \ SHEET 2 OF 2 \ 2405 SPINDRiFT ROAD PH (7<=-7' 477-4787 I ! ViRG1N!.A. BEACH) VA 2345"1 . : \'..J ,; I D,t.TE: "':ULY 29. 2006 1 L___ . ----.--------1 ----.-.___--.1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Request the Virginia Department of Transportation to Establish a Project Under the Congestion Mitigation and Air Quality Program, to Establish CIP #2- 161, Traffic Signal Retiming, and to Accept Grants Totaling $1,756,091 and Appropriate $555,791 in FY 2006-07 MEETING DATE: April 10, 2007 . Background: The City has been awarded grants totaling $1,756,091 for traffic signal retiming. The grants are from the following sources: a FY 2005 Federal Earmark Grant of $430,791, a Congestion Mitigation and Air Quality grant of $1,200,300, and a State Fiber Optic Connection grant of $125,000. The total $1,756,091 awarded will be placed in a new project, CIP #2-161, Traffic Signal Retiming. Of the grants awarded, $555,791 is currently available, $600,500 will be available in FY 2007- 08, and $599,800 will be available in FY 2008-09. . Considerations: Traffic volume is increasing on all of the major urban arterials. Signal retiming is necessary to mitigate congestion, reduce vehicle emissions and reduce travel time. Failure to retime the corridors will increase congestion. Funding for retiming the traffic signal system has been limited in the past several years. These grants will allow the systematic retiming of most signalized intersections. The City will use this funding, in addition to CIP #2- 039, Computerized Traffic Signal System Upgrade/Replacement, to develop a comprehensive traffic signal retiming program. This project will retime all major arterial corridors, including: Lynnhaven Parkway, Dam Neck Road, Holland Road, Kempsville Road, Great Neck Road, First Colonial Road, Northampton Boulevard, Virginia Beach Boulevard, Providence Road, South Independence Boulevard, and Princess Anne Road. . Public Information: Public information will be handled through the normal Council agenda notification process. . Recommendations: It is recommended that Council accept the grants, establish capital project #2-161, Traffic Signal Retiming, and adopt the project programming ordinance for Virginia Department of Transportation projects. It also is recommended that Council appropriate $555,791 in FY 2006-07, program $600,500 in FY 2007-08, and $599,800 in FY 2008-09 for this project. . Attachments: Appropriation Ordinance, Grant award information Recommended Action: Approval Submitting Department/Agency: Public Worksrrraffic Engineering P A-D City Manager:~ t .~W'L / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 AN ORDINANCE TO REQUEST THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ESTABLISH A PROJECT UNDER THE CONGESTION MITIGATION AND AIR QUALITY PROGRAM, TO ESTABLISH CIP #2- 161, TRAFFIC SIGNAL RETIMING, AND TO ACCEPT GRANTS TOTALING $1,756,091 AND APPROPRIATE $555,791 IN FY 2006-07 WHEREAS, in accordance with the Virginia Department of Transportation construction allocation procedures, it is necessary that Council request VDOT to program an urban highway project in the City of Virginia Beach; WHEREAS, the City has been awarded grants totaling $1,756,091 from the following sources: a FY 2005 Federal Earmark grant of $430,791, a Congestion Mitigation and Air Quality grant of $1,200,300, and a State Fiber Optic Connection grant of $125,000; WHEREAS, $430,791 of the Federal Earmark, and $125,000 of the State Fiber Optic Connection grants are presently available, and of the CMAQ grant, $600,500 will be available in FY 2007-08, and $599,800 will be available in FY 2008-09. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council of the City of Virginia Beach, Virginia, requests the Virginia Department of Transportation to establish an urban system highway project for traffic signal retiming and signal infrastructure improvements; 2. That the Council of the City of Virginia Beach agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this proj ect in accordance with Section 33.1-44 of the Code of Virginia, and that if the City of Virginia Beach subsequently elects to cancel this project, the City of Virginia Beach agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 3. That the City Manager is hereby authorized to execute on behalf of the City of Virginia Beach all necessary project agreements. 4. That CIP #2-161, Traffic Signal Retiming, is 48 hereby established as a capital project. 49 50 5. That $430,791 from the Federal Government (UPC 51 82112) and $125,000 from the State (UPC 52354) are accepted and 52 appropriated to CIP #2-161, with estimated revenues increased 53 accordingly. 54 55 6. That Congestion Mitigation and Air Quality funds 56 are accepted with $600,500 (UPC T4214) to be prograrmned in CIP 57 #2-161 for FY 2007-08 and $599,800 (UPC T4215) for FY 2008-09, 58 with estimated revenues increased accordingly. 59 60 Adopted by the Council of the City of Virginia Beach, 61 Virginia on the day of 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -.JtJut1U ~ l I~ity Attorn l/~4 ~ 's Office CA10361 V:\applications\citylawprod\cycom32\Wpdocs\D029\P002\OO030723.DOC R-3 March 30, 2007 I Cf.) z~ OlJ - S ~ s .~-- ZtlS~ 1 e" :S' ~ ;;j ~.~ ~c< _~l:I;1 -~> E-/ to... 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CD ~... , ! " : 1 , I I 81 ~ :., i I I g I ~ I~ II ; .., ...., ~! ; ! .. g ~ :; ~ I ~: 8 8 ~I o~ ~-8.1 i ~~ ;;; g 8 I! i i!t .. -1 I "I ' I j ; ~I ;... ;... '"I ~ ~ j ii' j 0::. Q. Go Q. H J l l: U .. << ~ l 'E' ~ i !I '~.~ ,r ~ ~s ..;E_ ~ ~ 1;~ is '" '" '" "2 Bill! H :!. ~ ~i ~ ~ ~ i "5 ~ -: ~ ! :: I 1& !! ~ . ~ e _ 3 ~ ~I s" :l: '=;: u.ll ~I f '2' I!'~~ 1:! ~! 0 ~ ~ ~ ~ ~ 11 ~.:-i ~ i;' ,l;'l!, tE: ~ ...J (,)1 0 0 0 i e "51: i "I i i ~ i! ~ ~, CD cZ ! i~ ti ~ 1 ~ < '" u N N . ... ~ :;: ~~ ... , ~j :!: :: g o ~ .. ~ ci ~ ;;; '" g N l~ 'N u_ o. Q.'" a: E :J:!! ,,"" ..... "0 """ n ~.~ Q.ll:: .... .... From: Sent: To: Cc: Subject: Halacy, Todd M Thursday, December 28, 20064:36 PM Rowan, Steve A; Porter, Bryant Mike KIMBREL; 'Bob K. Gey'; 'Frank Hickman' Virginia Beach CityWide Retiming Projects (CMAQ) Steve/ Bryant, I wanted to fill you in on a discussion that I had today with Mike Kimbrel (HRPDC) regarding the new City of Va Beach CMAQ Citywide Retiming Projects (Phases 1 - 3). The projects are being revised in a TIP/STIP Amendment to reflect the following: . UPC T421~.t TBD Citywide RetimiRg Project, PRase 1 CMAO funding FY20Q7 $317K eliminate this project, funding transferred to UPC T4214/ 84120 . UPC T4214/84120 Citywide Retiming Project, Phase 2 Phase 1 CMAQ funding FY2008 $2831<. Add FY2007 $317K . UPC T 4215/ TBD Citywide Retiming Project, Phase 3 Phase 2 CMAQ funding will be distributed FY2009 $600K This should clear up the concerns that we had with these UPC's. The MPO will be reducing the phases to only 2 in lieu of 3 and are transferring the funding as indicated above. This should help simplify things. Todd Todd M. Halacy, EIT Hampton Roads District Urban Programs Manager Virginia Department of Transportation 1700 North Main Street Suffolk, V A 23434 Office #: 757-925-2513 Cell #: 757"() 19-3564 ---- VI l>-< 0 0 0 ..... N -- d) 00 OJ) .- -- C\3 .- 0.. ..... ::: '0 1:: Q. @ @ @ @ @ @ E ~ a; 0 OS 0, s= c. :i: . ..:.:: CIl 0 <E (.) 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N .., .., .., N N N U ~ a. {i N N N It) :g .... @ ~ ..... ::l It) U') on U') on .... s- "E C\3 "OJ d) >- l- I 'S: .~ $: IZl 'S: f-o ~ 0 ~ Q c ...- > ..... ~ ~~...& r:~..~~.~"....' .....~~~t:: r;;<"'l~;I' . ~.'t ;..f7~...... ..h...." <<) ,1::;::"7 iz.) ~<:i=' ;~} ~.::.;~~. ., IlJ ~'';'~''-:fr --t~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $167,974 from the Department of Human Services and to Appropriate $53,732 in Fund Balance from the DEA Seized Property Fund to the FY 2006-07 Police Department Operating Budget to Purchase a Generator MEETING DATE: April 10, 2007 . Background: The Recovery Center, located at 409 Birdneck Circle, is a 24/7 Crisis Stabilization program for adults with co-occurring disorders of mental illness and substance abuse. The facility houses 18 clients at one time, for a maximum of five days per client. In the event of a hurricane or other disaster where electrical power is disrupted for a significant period of time, it will be important to have a source of emergency back-up power. Without it, clients would have to be prematurely discharged and could pose a danger to themselves or the community. The Law Enforcement Training Academy (LETA) is located at 411 Integrity Way, adjacent to the Recovery Center. LETA is a 55,000 square foot building dedicated to teaching the basic police academy as well as providing specialized advanced police training for law enforcement agencies. Becau'se LETA is used as a staging area for special events, it would be a logical facility from which to stage law enforcement response in the event of a disaster or other emergency. All Police precincts have emergency generators and the Police Department considers it important for LETA to have emergency back-up power. . Considerations: The City commissioned a study to evaluate the existing power system at the Recovery Center, and at the same time considered the possibility of installing an emergency generator that also would feed LET A. The study recommended that the City purchase a 300kW generator and install it at LET A to provide back-up power for both buildings. The total cost is to be $221,706. Human Services has sufficient funds available for transfer from contractual services due to the difficulty and lag time in recruiting and hiring psychiatrists in the current year. The Police Department requests that $53,732 be appropriated from the DEA Seized Property Fund to cover LET A's portion of the generator costs. . Public Information: Public information will be handled through the normal City Council agenda process. . Recommendations: Approve the transfer of $167,974 from the Department of Human Services to the Police Department's FY 2006-07 Operating Budget and appropriate $53,732 in the DEA Seized Property Fund to the Police Department's FY 2006-07 Operating Budget. . Attachments: Ordinance Recommended Action: Approve Ordinance "}r j A A / C/))IIA J f ~ /hv<~ ---!fP/, Submitting Department/Agency: Departmen( otflumaVe~s a~P6lice Departmen~" ~ City Manager~~ ~. ~ ll1It 1 2 3 4 5 6 AN ORDINANCE TO TRANSFER $167,974 FROM THE DEPARTMENT OF HUMAN SERVICES AND TO APPROPRIATE $53,732 IN FUND BALANCE FROM THE DEA SEIZED PROPERTY FUND TO THE FY 2006-07 POLICE DEPARTMENT OPERATING BUDGET TO PURCHASE A GENERATOR 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, the Recovery Center and the Law Enforcement Training Academy do not have emergency power capabilities, which may present safety concerns in the event of a sustained power outage. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $167,974 is hereby transferred from the Department of Human Services to the Police Department's FY 2006-07 Operating Budget; and 2. That $53,732 is hereby appropriated from the DEA Seized Property Fund to the Police Department's FY 2006-07 Operating Budget to purchase a generator to provide emergency power to the Recovery Center and the Law Enforcement Training Academy. Requires an affirmative vote by a majority of the members of the City Council. of the City of Virginia , 2007. Beach, Council day of Adopted by the Virginia, on the APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , bVft) ~/ "- City Attorn 's bIfice CAI0359 v:\applications\citylawprod\cycom32\Wpdocs\D027\P002\OO030567.DOC R-4 March 30, 2007 K. PLANNING 1. Application of KINGS GRANT CITGO for a Modification of Conditions for a Conditional Use Permit (approved by City Council on April 24, 1989) at 428 North LynnhavenRoad to add two (2) drive-through service bays. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 2. Application of AVALON CHURCH OF CHRIST for Modification of Conditions for a Conditional Use Permit (approved on August 22, 1995) at 844 Woodstock Road re additional on-site parking and a modular structure to be used for Sunday School classes. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of ROBERT and BERNICE DUMAS for the exlJansion of a Nonconforming Use to enlarge their home at 2318 Calvert Street. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 4. Application of ZION CITY OF DELIVERANCE OUTREACH for a Conditional Use Permit re a church at 5405 Indian River Road. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 5. Application of CALVARY CHAPEL OF VIRGINIA BEACH for a Conditional Use Permit re a church at 5228 Indian River Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of WARDS CORNER BEAUTY ACADEMY, INC. for a Conditional Use Permit re a beauty school at 544 Newtown Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 7. Application of BAYSIDE CHURCH OF CHRIST for a Conditional Use Permit re a church at 5025 Shell Road. DISTRICT 4 - BA YSIDE RECOMMENDATION APPROVAL 8. Application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit re filling a borrow pit at Oceana Boulevard and Credle R\)ad. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, MUnicipal Cen- ter. 2401 Courthouse Dnve. Tuesday, April 10, 2007, at 6:00 p.m. The following applications will be heard: DISTRICT 5 - LYNN HAVEN Robert and Bernice Dumas Application: Exoansion of a Nonconforming Use at 2318 Calvert Street (GPIN 15906271782318). Kings Grant Citgo Application: Modification of Conditions for a Conditional Use Permit approved by City Council on April 24, 1989 at 428 North Lynnhaven Road (GPIN 1497063953). AICUZ is Less than 65 dB Ldn. DISTRICT 1 - CENTERVILLE Zion City of Deliverance Outreach Application: Conditional Use Permit for a church at 5405 Indian River Road (GPIN 14652855851. AICUZ IS Less than 65 dB Ldn. DISTRICT 2 - KEMPSVILLE Calvary Chapel of Virginia Beach Application: Conditional Use Permit for a church at 5228 Indian River Road (GPIN 1465483186). AICUZ is Less than 65 dB Ldn. Avalon Church of Christ Application: Modification of Conditions for a Condi tional Use Permit approved on August 22, 1995 at 844 Woodstock Road (GPIN 1456740275). AICUZ is Less than 65 dB Ldn. Wards Corner Beauty Academy. Inc. Application: Conditional Use Permit for a beauty school at 544 Newtown Road #160-100 (Part of GPIN 1468303340). AICUZ is less than 65 dB Ldn. DISTRICT 6 - BEACH City of Virginia Beach Application: Conditional Use Permit for the filling of a borrow pit on Oceana Boulevard and Credle Road tGPINs 2417203479: -3629: -1699; -3952: 2417226139; 2417129346). AICUZ is Greater than 75 dB Ldn. DISTRICT 4 - BA YSIDE Bayside Church of Christ Application: Conditional Use Permit for a church at 5025 Shell Road (GPIN 1479035524). AICUZ is Less than 65 dB Ldn. All interested citizens are inVited to attend. /_.4/ .i. ;1"',,-, -y,,.l.y--' ..........~_. ,.' Ruth Hodges Fraser. 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 t1ttp:/ /www.vbeov.co~ For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at thiS meeting. please call the CITY CLERK'S OFFICE at 385-4303. BeClcon March 25 & Apnl1. 2007 16730569 - 20 - Item IV-G.l.d. PUBLIC HEARING PLANNING ITEM # 31117 Attorney Charles Salle', 192 Ballard Court, Phone: 490-3UOO, represented the applicant Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of RICHARD A. RINER for a Conditional Use Permit: RICHARD A. RINER FOR A CONDITIONAL USE PERMIT FOR A GASOLINE SERVICE STATION R04891213 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Richard A. Riner for a Conditional Use Permit for a gasoline service station on the east coast of North Lynnhaven Road, north of the intersection with Kings Grant Road. Said parcel is located at 428 North Lynnhaven Road and contains 36,721 square feet. Plats with more detailed information are available in the Department of Planning. LYNt/HAVEN BOROUGH. The following conditions are required: 1. The proposed canopy must meet the 35-foot setback requirement. It appears that the canopy, as shown on the submitted site plan, is slightly short of the requirement. Compliance will be verified during detailed site plan review. 2; The uti.l-izntion o( Best Hanngement Practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 3. In accordance wi th the current Master Street and Highway Plan, a right-of-way dedication is required along North Lynnhaven Road to provide for an ultimate four-lane undivided highway. Approximately 3-feet of dedication is required. 4. No overnight outside storage of vehicles will be permitted. 5. Additions to be constructed shall be of a colonial style. 6. The existing sign shall come inlo conformance wi tll the current zoning requirements. 7. Public restrooms shall be provided. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virgi.ni.a Beach, Virginia, on the Twenty- fourth Day of April, Nineteen Hundred and EiRhty-nine. April 24, llJHlJ - 21 - Item IV-G.l.d. PUBLIC HEARING PlJUD[[NG IT~I # 31117 (Continued) Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None April 24, 1989 r ~;,..~ 4~""~~ ;e7f;1'. '~".~' ..". ~ 0 . .'g >>-: -- ~ ) "'u" . :>, '(;\c:- . ~;J ~\"...~./f.. \.:~+~~"'_~.::t ~~ "'" \... CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: Application of Kings Grant Citgo for a Modification of Conditions for a Conditional Use Permit approved by City Council on April 24, 1989. Property is located at 428 North Lynnhaven Road (GPIN 1497063953). AICUZ is Less than 65 dB Ldn. DISTRICT 5 - L YNNHA VEN MEETING DATE: April 1 0, 2007 . Background: A Conditional Use Permit permitting a service station with fuel pumps was originally approved by the City Council on September 3, 1963, and then modified on April 24, 1989. The Conditional Use Permit has seven (7) conditions: The 1989 approval was for an additional five (5) service bays, a canopy, and relocation of the fuel pumps in a different layout than the current proposal; however, only the proposed canopy and new fuel pumps were actually constructed. City staff objected to the 1989 proposal, noting that the location of a total of eight (8) service bays was inappropriate, citing the incompatibility of a large auto service facility in a "small scale neighborhood center." The 1989 report stated that the proposed expansion to eight (8) bays was "not in keeping with the surrounding development." A drive-through access in the rear of the building was not considered at that time, and since it is now being proposed, a modification to the 1989 approval is required. Specifically, the applicant's request is to add two (2) drive-through service bays, accessed via a 15-foot wide drive aisle along the western property line in an area that is currently grassed lawn and 500 square feet of storage at the rear of the existing structure. . Considerations: The Comprehensive Plan re~nizes this parcel as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus 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. Staff concludes that the proposed 40-foot by 50-foot wide, two (2)-bay addition to the existing three (3)-bay service station is compatible with the existing structure and surrounding area. The proposed exterior building materials include brick to Kings Grant Citgo Page 2 of 2 match the existing structure, dentil molding with white trim, white siding, and a slate roof. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. All conditions attached to the Conditional Use Permit granted by the City Council on April 24, 1989, shall remain in affect. 2. The addition to the building shall be in substantial conformance with the elevation entitled, "Renovations and Additions to: Citgo - Kings Grant," dated 10/21/06, prepared by ARCHITECTURAL STUDIO, noting that all sides of the addition shall be brick with dentil molding to match the existing structure. 3. The layout of the site pertaining to building additions, parking, and landscaping shall be substantially as depicted on the plan entitled, "Citgo- King's Grant Service Bay Addition, Preliminary Plan," dated 12/19/06, . prepared by The Spectra Group, Inc. Category VI landscaping (never installed as required by the 1989 Conditional Use Permit) shall be installed along the eastern property line. 4. Prior to the issuance of a building permit for the addition, verification by the Planning Department / Current Planning - Zoning shall be provided indicating that the storage container located on the property has been removed. 5. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 6. No cars shall be parked or stored in the drive aisle at any time. 7. The category VI landscaping depicted on the Plan identified in Condition #3 above shall include an eight (8) foot high, solid, vinyl fence. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DeparbnentlAgency: Planning Departmen City Manager: 0 L. ~ rM Modification of the Conditional Use Permit approved by the City Council on April 24, 1989, for the addition of 2,000 square feet for two (2) drive through service bays and a 500 square foot storage area. KINGS GRANT CITCO Agenda Item 23 March 14, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: ADDRESS I DESCRIPTION: Property located at 428 North Lynnhaven Road. GPIN: 1497063953 COUNCIL ELECTION DISTRICT: 5-LYNNHAVEN SITE SIZE: 0.0843 acres APPLICATION HISTORY: This application was deferred on February 14, 2007 at the request of the applicant. A color rendering of both the rear and the front of the building have been submitted since the deferral. The Conditional Use Permit permitting service station with fuel pumps was approved by the City Council originally on September 3, 1963 and then modified on April 24, 1989. The Conditional Use Permit has seven (7) conditions: SUMMARY OF REQUEST 1. The proposed canopy must meet the 35 foot setback requirement. It appears that the canopy, as shown on the submitted site plan, is slightly short of the requirement. Compliance will be verified during detailed final site plan review. 2. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 3. In accordance with the current Master Street and Highway Plan, a right-of-way dedication is required along North Lynnhaven Road to provide for an ultimate four lane undivided highway. Approximately 3 feet of dedication is required. 4. No overnight outside storage of vehicles will be permitted. 5. Additions to be constructed shall be of a colonial style. 6. The existing sign shall come into conformance with the current zoning requirements. 7. Public restrooms shall be provided. The 1989 approval was for an additional five (5) service bays, a canopy, and relocation of the fuel pumps in a different layout than the current proposal. Only the proposed canopy and new fuel pumps were actually constructed. Staff actually objected to the 1989 proposal, noting that the location of a total of eight (8) service bays was inappropriate, citing the incompatibility of a large auto service facility in a "small scale neighborhood center." The 1989 report stated that the proposed expansion to eight (8) bays was "not in keeping with the surrounding development." A drive-through access in the rear of the.building was not considered at that time, and since it is now being proposed, a modification to the 1989 approval is required. Specifically, the applicant's request is to add two (2) drive-through service bays, accessed via a 15-foot wide drive aisle along the western property line in an area that currently is grassed lawn and 500 square feet of storage at the rear of the existing structure. The proposed elevation and rendering depict an attractive addition to the existing building and attempts to mimic the existing exterior building materials of siding, brick, and a slate roof. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is developed with a motor vehicle service facility with fuel sales. SURROUNDING 'lAND USE AND ZONING: North: South: East: West: . Assisted living facility / 0-2 Office District . Open space / R-1 0 Residential District . Convenience store / B-2 Community Business District . North Lynnhaven Road . Single-family dwellings / R-7.5 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: This site is located within the Chesapeake Bay watershed. There do not appear to be any significant environmental features on the site as it is already developed as a gas and service station. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana, outside the area of concern. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): North Lynnhaven Road is a two (2) lane undivided collector street. There are no plans to improve this portion of the roadway. ~;,,:>,/.:'::{~r:~~'~':3i;:~~:~'~2' ~'k<V~A c:"~~~-":':'~;;F;4~":'.':,:"1 " /,( '\ ,:.;,' ,_._:v ';,._;'['" ,,:,"~~~i:~:~!~~ '~. .......,' '~... :... k":.,~_M,"", , "" '.......-- ,-,' "" ~,:,~" >,<c J ~,. \...._." .... ._:::/",,:~./':' .,.,~" ' "C_' TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume North Lynnhaven 4,440 ADT 1 6,200 ADT 1 (Level of Existing Land Use'- Road Service "C") - 9,900 ADT 1 1,090 ADT (Level of Service "D") Proposed Land Use 3 - 1,145 ADT I Average Dally Tnps 2 as defined by gas station with 3 service bays 3 as defined by gas station with 5 service bays WATER: There is a six (6)-inch and a 20-inch City water main in North Lynnhaven Road. This site has an existing meter that may be used or upgraded. SEWER: There is an eight (B)-inch and a 10-inch City gravity sanitary sewer main in North Lynnhaven Road. This site is already connected to City sanitary sewer. Analysis of Pump Station 244 may be required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends partial approval of this requested modification, as conditioned below. Comprehensive Plan: The Comprehensive Plan recognizes this parcel as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. 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. ' Evaluation: The proposed 40-foot by 50-foot wide, two (2)-bay addition to the existing three (3)-bay service station is attractive and blends well with the existing structure and surrounding buildings. The proposed exterior building materials include brick to match the existing structure, dentil molding with white trim, white siding, and a slate roof. As mentioned above, in 19B9, Staff recommended against a proposal for eight (B) service bays on this site, deeming the request as too excessive for a neighborhood commercial "center." That same logic can still be applied to this request for a drive aisle in the rear, perhaps even more so now that an assisted living facility would face the open bays if approved as submitted. This residence has screened porches for occupants to view the outdoors and enjoy the weather. It is not recommend that this serenity, albeit limited due to the existence of the service center and the debris placed in the. rear, be disturbed by the addition of a 15-foot wide drive aisle behind the existing service station. Therefore, Staff recommends approval of the expansion of the service bays, as conditioned below, without drive-through access. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on April 24, 1989, shall remain in affect. 2. The addition to the building shall be in substantial conformance with the elevation entitled, "Renovations and Additions to: Citgo - Kings Grant," dated 10/21/06, prepared by ARCHITECTURAL STUDIO, noting that all sides of the addition shall be brick with dentil molding to match the existing structure. 3. The layout of the site pertaining to building additions, parking, and landscaping shall be substantially as depicted on the plan entitled, "Citgo - King's Grant Service Bay Addition, Preliminary Plan," dated 12/19/06, prepared by The Spectra Group, Inc., with the exception of the following: no drive aisle, parking or impervious surface shall be permitted in the rear of the building between it and the western property line other than the addition to the existing structure; and, Category VI landscaping (never installed as required by the 1989 Conditional Use Permit) shall be installed along the eastern property line. 4. Prior to the issuance of a building permit for the addition, verification by the Planning Department / Current Planning - Zoning shall be provided indicating that the storage container located on the property has been removed. 5. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 6. No cars shall be parked or stored in the drive aisle at any time. 7. The category VI landscaping depicted on the Plan identified in Condition #3 above shall include an eight (8) foot high, solid, vinyl fence. 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:' ,~/' ~,. " \d'" KINGS;'@J~ANrqllf3O ;~~ndaJt '. "23 i;-;-~ ,~ "" ~ '< 'B:';...:~._:!."~:~~"'<':;:"~,,, .._..?,.....~~~;,:6 >' ~, " '. .... ". ' iy ", "'0 / ~ ~." ':;::::;:-;::\'_0A:-" d < ':.' ~<::;:;!,' AERIAL OF SITE LP~J:IQN' }?''';<::~>::',::;,:./-~,:::-':;;:,: .~.::-,,:,~:-~ ~. ';.;.' ," ..,~',,:,:, " KINGS:GRANTCI=t:GO.. .~~.. Agenda Itam 23 > . ...~.:1?~9~.S ~ ~\;' -t:. ~,'?:' (,,~. -, d ~ ", f -t:: ~'< ~ PROPOSED SITE PLAN ~. /" ",.' :r'~;~.:"'<:';.:, o \o,~ t l:'.ll a :;: PROPOSED SITE PLAN [DETAil] 'J---j::<Q'~"~"'- A",~ '.-- " :)""',/ ";-..",;:'h-,"'" '}}t'-".,f' -, " I3,:-:"/_A: ,< '-';'-<-'~""~" "...... ','- ,- :-'- ,~"(:t~"~ KI NGS!'@fi:A.NT^ ~:9Ei:)nda Ite 'YZ" ",,',,: ~:( , ,:', :: ,..-~v'- ~ '> ~~:- >> :-i " '" ,. ". ,.,,'," ">~':: ' ,- J 1~1 D ,,tT I i ~ 5 ~ ~~ w. !Zs "~~ PROPOSED FRONT;"."", BUILDING ELEV !tI6N{~,},jE2 , ;'/':c'ft;;d';;;/-. ',;, . ~ -7"'/; ,".' ~'~~q ~.. }'" ,"'''t>. . ~';;f:~~ '-;- c:;;- <("'\ A: ,S?) _,m ~, ".,-v-v "_,,,- ": ""'~m yf'<~' KINGS,;@RANTqIIGO ;A~enda It~li,,23... 0j; .... pcigtf:,~ . '*' ),:,. /,_. ",,,,1f!'" PROPOSED BUILDING RENDERING Rear & Front of Builgin9;:'/":',\, , / ,... ':, ". . . ~ ',- '," ~':::~ " \ -', ,r'); , .,_,,^;,J'~"'i"'L< <'.J ," ,,~ "" '-"""'- ',;', /........ ,,-:....;.,-, ,;. ;. -,; . ...~..-. . . ,.;. ~ KINGS GRANTC , :A~~ndal ~-'- ",- "f,/. :> -,< 1 04/24/89 CUP fuel sales, auto service) Granted 2 09/25/01 CUP church) Granted 3 1 0/23/01 CUP (columbarium) Granted 04/13/99 CUP (church) Granted 03/25/97 CUP (Qroup home) Granted ZONING NOI1VJnddVSNOIlI J 1I0 NOI1VJWaOW l- Z III ~ IIJ !( Ii IIJ c: ::l (I) 9 o (I) is t>~ it> '4> iil "'l)'g Be"' 2:1>. :l~ "" 0.1 ~ l.i ~ tIl"Sj g"j-g col5~ 9 ~..'" .._ ~:5HI ~.i:&l ~Ifi ;I~l~ <0111 ~ "","" i!: CD ill: C e s~ - ca ~ "'5 i..s Il~~ !~Ii 39_= I i~ .~Jj.~ !:Ei~i .. Ulj.:h.~ III .(,) I s~~ l! 8..6'" "i .~ Ii! ~Iii'!l;i~ !il!!iliiiill l~l ii!~~llii~ <:E~ ~.~l..."el~~. I~o ~!iitg:i'&i ~U 1!lhhiiii i_'!l igii$:i~158 ~i; ii!!jt ni~ J fi :~~idl!~i if" d!i!jlit~ .iii UI~lth~i la s. 1 c: J fiJ j jl.. ~ig. i.II..~.!'!..6" ~ 1 I l~l~ tt~~lf. Ji~i '!'i~~ .:..ii"'~!5~'; I ili Illtl U II~ (; .; t! : .8 ~ E j ~ ~ € 'Et. ~ i; I i ~;i 'i .e i,ga '0"'8 "Ot!-"! ~ dei..I. g lee cif! i e~.!'.!!!~.... t ij!j!! :?,.. 00"'..11 ij~ti-1i:!. !! ll!lafi~1 H~ ~-ip:l!: a1 ll-t::1 Ii t_ i-i!~' .! i * I ii ~ !~ 'l"oi .!5 ii!la - 1; . bi~1 c 82:;1.: '?, "'I ~ ~ j ~ I ! ] 'e 1!. ~. t I · i I ~ -aJ J Iii i Id ~ 5 t,) III ~ ::t OJ g g is ~ ~ ~ Ci ~ ~ s ~ z i J; i 0; ~ {! ~ '0 ~ Iii e t ~ i . '" ~ 1& J! .1 ! I ~i l!' 0 ::r ~ 1 iJ b 5 ie Q .1.'lI ~I ~. l~ '5 ! i ~I I I,i .ls.l ~!C Ii t .>! !i 1 ! J j o J :1" of ail: NOIlVJnddV SNOWaNOJ dO NOIlVJwaow ~ c: .. ~ i il .s " " ... l i!"'8 ;1 "~:r: .!!. e: J~ "... ~'5 !ll I~ ." ~i .. ;~ .:i j~ ...9- =ii "'1: 'ii -. -.. :l~ ... I~~. .: OJ; If I li ; I ,;, .~~f:..,a:"" .,. DISCLOSURE STAJ~'Ntf~;~;':<i< r:i~~;: .":;S~Sfi~',,"': f~/:t,. ;/"/,,'- ".,,' " '.: < <:,~::':;:,::;~<:?~~i~,. "c, '>...,,/ _.:: ^~ KINGS'G:RANTQ ~"9~ndaJt.. . .' ....0........, "-~'R... ...v" ~_....,---,' Item #23 Kings Grant Citgo Modification of Conditions 428 North Lynnhaven Road District 5 Lynnhaven March 14,2007 REGULAR Joseph Strange: The next item is item 23. Kings Grant Citgo. An application of Kings Grant Citgo for a Modification of Conditions for a Conditional Use Permit approved by City Council on April 24, 1989. The property is located at 428 North Lynnhaven Road, District 5, Lynnhaven, with five conditions. Barry Knight: Welcome Billy. = Billy Garrington: Thank you Mr. Knight. Ladies and gentlemen of the Planning Commission, for the record, I'm Billy Garrington here on behalf of the applicant Mr. Ron Carlson, Ron Joy Construction Company. We're here to ask for a modification to the conditions that have to do with the Kings Grant Citgo station that were originally granted. I guess there were two Use Permits granted on this piece of property Mr. Chairman. The original Use Permit when the gas station was first built back in 1963 and then back in 1989. Let me point out that both those Use Permits were before Mr. Carlson, who is the current owner of the property now, was the owner of the property. So, the original gas station was built in 1963. It was actually called Krutzinger Texaco. I can remember it very well because I worked for Mr. Krutzinger back in the early 60s. In those years, as things progress from different types of gas stations and now it is the Kings Grant Citgo station. Any of us who drive automobiles, and I thing almost all of us do, know how hard it is to find a full service gas station anywhere in the City of Virginia Beach nowadays. We always think about pulling up to a gas station now and you pump your own gas. It is a rare occasion when you have a flat tire or a fan belt break or a hose that busts, if you can ever find a full service gas, you will be the happiest person in the world if you can find someone to take care of it for you. The request that you have in front of you today is for a two-bay, actually a four bay addition that will be located on this end of the building here. I've given you copies of the rendering of what the building will look like. There will be a double bay on each side that will be able to accommodate four cars at one time, and staff has looked up the request and recommended it for approval with certain conditions. The one condition that we would ask you to modify, if you would be so willing to do would be where staff has recommended for approval without the drive aisle that we have in the back of the property. I think it was this drive aisle that you see that is shaded in blue here. As I said, these are double bays that you have here so you can conceivably have four cars there at one time being worked on. The problem is that the two cars in the back of the building are the first two that come out of the building, is that you are constantly backing cars up, and pulling cars forward in order to get those cars out of the building. There is a Item #23 Kings Grant Citgo Page 2 retirement home on this parcel of land here that is reasonably close to the back of this gas station, and we fully recognize that. What we have shown you on the site plan is the category VI landscaping that would be installed, and it calls for six foot vinyl fence but we are actually proffering doing an eight foot vinyl fence on that area, again, to make sure that this use does not cause any problem with the retirement home that backs right up to the back of it. Now that landscaping should already be installed. I'm here to tell you that was part of the Use Permit that you got back in 1989, it should have already been installed before now but it was never installed, Again, I point that out because Mr. Carlson wasn't the owner of the property back when the original Use Permit was granted but it does need to be installed, and it should be installed. Do you have any pictures of the back of the building? Carolyn Smith: Yes. = Billy Garrington: Here is the back of the building that you see now. This is the area where the drive aisle would go through and come back out about right where you see this car. All of this storage that you see back here. All of this will go away. The back of the building that looks like that now, will look like what you have here. These two additions across the back of it will be storage additions that will be put on to the back of it that to mimic the exact look of the building itself, so you no longer have any outside storage of any of that material that takes place at all. What Mr. Carlson had also said he would do, and there is a note on the site plan, these doors, if you were to agree with the drive aisle in the back of the building would only be open to allow vehicles to egress the building. They would never be left open during his normal hours of operation. His hours of operation, even though it is not in the report that you see here, he would proffer to you that Monday through Friday that he does not start before 8:00 am and stops at 6:00 pm. On Saturday, it starts at 8:00 am and stops at 1 :00. There is no automobile repair that takes place there on Sundays at all. So that is what he would be willing to proffer to you if you would be so inclined to allow him the Use Permit with the drive aisle on the back of the building. Barry Knight: Ms. Wood? Dorothy Wood: Billy, this is where my children tell me I'm going to live so I'm really interested in this. Can a car go here? Is this enough room for a car to back there? I know you said only when the doors were open right here. Is there enough room? Billy Garrington: There is not enough room. Dorothy Wood: So, there would only be a couple of times a day. Billy Garrington: That is it. Maybe, 25 to 30 trips a day and if they have 25 cars a day, they've probably had a successful day. Dorothy Wood: I think my concern is that if you could go back to the retirement home Item #23 Kings Grant Citgo Page 3 picture, my concern, I think many of the patients perhaps light cases of dementia are sitting on the porch on the second floor. Although, when I first came in today, I was opposed to it because of that but when I look at the back, I've never been to the back of Kings Grant Citgo. I've seen the front many times. Perhaps, it would look better than it does now. Would you be moving the gas? Billy Garrington: All of that goes away. Dorothy Wood: The gas? Billy Garrington: That goes. Dorothy Wood: Okay. Billy 9arrington: What you're not looking at here also that you will be seeing after this is approved is the Category VI landscaping, which is the eight foot high solid vinyl fence and all the mature trees that go along with it that are going to be between the drive aisle and this property over here, again to soften those two uses between the two of them. = Dorothy Wood: What are you going to do with the one existing tree that you have there now, that big tree? Billy Garrington: It probably will have to come down but again, if you see the row of trees that he is putting the back of it. Dorothy Wood: But they will be small? Billy Garrington: Correct. They will be small when they're planted but again, the purpose of them is to grow up and to buffer his use from their use beside it. Dorothy Wood: Thank you. Barry Knight: Mr. Horsley? Donald Horsley: Billy, where would this row of trees be there? I know that you're going to have a row of trees on a row of shrubbery. Billy Garrington: I don't think it is quite that close Mr. Horsley. If you look at this plan here, the edge of the drive aisle here is 15 feet from the property line, and when you get down here it is over 25 feet from the edge of the property line. So, there is ample road in between where that drive aisle is and where the property line is. I think what you don't get a clear picture of there is how close that retirement building is built to their rear property line as opposed to the gas station. Remember, the gas station was built in 1963. It does look like it is pretty close back there but those are the dimensions if you scale off Item #23 Kings Grant Citgo Page 4 the site plan as to the room between the drive aisle and the property line they are going to have to install that row of vegetation. Barry Knight: Mr. Crabtree? Eugene Crabtree: So, actually between the back of the retirement home and the fence that you are going to put in, it is going to be approximately how many feet between the back of the retirement home and the fence? Billy Garrington: I don't know about the retirement home because I can't go on their property but again. Here is the drive aisle right at the closest point. The edge of the drive aisle is 15 feet from the property line but by the time you get down here it is 25 feet. Eugene Crabtree: Yes, from your property line. Billy Garrington: Correct. Eugene Crabtree: Okay. I was wondering how many feet that is from the actual back of that building there? = Billy Garrington: That I don't know because in order to give you that answer, we would have to go on their property to see how close they are built to that back property line. Eugene Crabtree: So, there is no way two cars can come out of the back of your proposed new bays and turn to the right to come around the right side because of the property next door? Billy Garrington: Because of the 7 -Eleven next door to it. Correct. Barry Knight: Are there any other questions Mr. Crabtree? Eugene Crabtree: No. Barry Knight: Mr. Henley has a question. Al Henley: Billy? Billy Garrington: Mr. Henley? Al Henley: Let me understand you. You said it was an eight-foot privacy fence? Billy Garrington: We had proffered to do an eight-foot privacy fence, again, to get that extra two feet. Item #23 Kings Grant Citgo Page 5 Al Henley: The plan says six. Billy Garrington: The plan says six feet but we're proffering to you that if you were to be inclined to grant the drive aisle, they would make it an eight foot solid privacy vinyl fence. The extra feet gives you that much more of a buffering for any cars that are coming in and out of the building. AI Henley: Also, what type of trees? What are they Evergreen? Billy Garrington: Well, the City has a Category VI landscaping and I'm not sure what it is but the Category VI landscaping, I think and your staff will correct me if I'm wrong. I think the most aggressive one that they have that provides the best buffering between what is a big business and a residential use beside it. Whatever the Category VI requires is what would be installed out there. Al Henley: It depends on what the staff feels is appropriate for that location but I would proffer that an evergreen would be planted there versus a tree that in the wintertime. = Billy Garrington: A deciduous tree which in the wintertime has none. If you would want to make that part of the your conditions, if the Board's so inclined, we would agree that all the trees planted in there all would be evergreens and not deciduous. Al Henley: I don't have my magnifying glass with me today. What is the height of the caliber of tree? Carolyn Smith: Category VI is actually a minimum height six-foot solid fence with evergreen shrubs planted outboard of the fence. Category IV is a mix of evergreen trees and shrubs. Al Henley: Thank you. Billy Garrington: We would have no problem with the trees being planted being evergreen trees that stay green year round. Al Henley: But we just held the buffer especially with the solid fence, eight foot. It would help for any kind of noise or anything. Barry Knight: Is there any other questions for Mr. Garrington? Mr. Bernas? Jay Bernas: One of the things, also and I don't mind the drive aisle especially with the screening. I would want to add a condition and it wouldn't be a problem that no cars be allowed to be parked in the drive aisle and that the drive aisle remains clear. Item #23 Kings Grant Citgo Page 6 Billy Garrington: We have no problem with that at all. We could strike it as a fire lane and exit only. We would have no problem with no cars being parked in that drive aisle. We agree with that. Jay Bernas: And maybe no storage allowed since you're going to have that storage building so you will have it all cleaned and make that part of the condition. Billy Garrington: I think that is one of the conditions. Jay Bernas: One of the things that Dot had mentioned that right now, it kind oflooks bad. Billy Garrington: It does. There will be no outside storage at all. Jay Bernas: I think that this could possibly be an improvement. Eugene Crabtree: Actually it is. Barry Knight: Are there any other questions? = Billy Garrington: Thank you Mr. Chairman. Barry Knight: Thank you. Mr. Strange? Joseph Strange: One other speaker and speaking in support is Bill Pope, who is the President of the Kings Grant Community League. Barry Knight: We1come sir. Bill Pope: Good afternoon. I'm Bill Pope. I'm President of the Kings Grant Community League. I had sent a letter earlier saying that we did not oppose the building of the two- bays. At one time, I was pretty much opposed to the drive through doors. It is my understanding that the Kings Grant house property line is probably this side of the shrubs. Billy Garrington: That is correct. Bill Pope: They don't have much property behind their building. It is pretty much built to the edge. The fence, I gather would be and you're talking about a twelve foot wide drive aisle. Billy Garrington: Twelve-foot wide drive aisle. Item #23 Kings Grant Citgo Page 7 Bill Pope: The fence, I gather, would not be up against the shrubs. An eight-foot fence up against the fence makes those people on the bottom level, on the first floor blocked out if the fence goes up close to those shrubs. Do you follow me? Billy Garrington: You'll have the drive aisle and then you will have the fence because the shrubs will be on the backside of the fence. Bill Pope: I understand. What I'm saying, if the fence comes up pretty close to the shrubs, then the people on the bottom porch are going to be pretty much blocked out. Billy Garrington: At the closest point it is going to be 15 feet to his property line. At the furthest point as you get to the south is going to be more than 25 feet. Bill Pope: Okay. 15 feet should give them enough room. The only other problem that I raised, and you can see the cars. How do you use this thing (laser pointer)? Billy Garrington: Just push that button. = Bill Pope: Right through there. Kings Grant Community owns this triangle. Previously, we had a problem because they were parking their cars up on this triangle, and when we had a surveyor come out and put the stakes out there they proceeded to park further into the property. So, we ended up posting "No Trespassing" signs and going to the Third Precinct and enlisting to the Third Precinct. That didn't help too much. So, the toughest police officer went by and says if you're going to park there we're going to tow you. That seemed to take care of the situation. Our problem, and the only problem that I see, is where are they going to park? They have very limited parking there. And, I'm not saying anything to you that I haven't said to the Carlsons. They got some parking here and little bit here. But they are short on parking. As long as they don't encroach on us, we don't have a problem. Barry Knight: Thank you Mr. Pope. Are there any questions? Mr. Henley? Al Henley: Yes sir. It is on that property that is owned by the Kings Grant Civic League, that triangle that you referenced? Do you have posted signs on that? Bill Pope: I just said we do. Al Henley: I'm sorry. I didn't hear you. Bill Pope: We got three posted "No Trespassing" signs that face the service station. They are not real happy about that but that seems to be the only way we could get the point across about not parking there. Item #23 Kings Grant Citgo Page 8 Barry Knight: Ms. Wood? Dorothy Wood: We appreciate you spending your day with us. I hope you enjoyed it? Bill Pope: It has been informative. Dorothy Wood: Do you think it would be better if they just had the shrubs and didn't have the fence for the people on the bottom floor? I'm just throwing that out. Bill Pope: I thought maybe the nursing home would have come here. I don't think I should be fighting their battles. I'm aware of some of their concerns but I'm not licensed to speak for them. Dorothy Wood: Thank you. Bill Pope: I hate to waffle on that but I really think I'm sort of stepping over the line. Dorothy Wood: I understand. Thank you. Barry Knight: Mr. Redmond has a question. . . David Redmond: Mr. Pope, when you said they are parking on that triangle of property that you own, who is they? Are those cars that are waiting to be serviced in the bay? Bill Pope: They were customers and cars being serviced by the service station. David Redmond: So, they might be there for 7 or 8 hours. Bill Pope: No. They were there for weeks at a time. David Redmond: Week at a time? Bill Pope: In fact, I initially got our attorney to write them a letter. They had a trailer chained to one of the trees there but once they got our letter they moved it. But no, they were four car lengths in parked on our property. David Redmond: I'm familiar with the property and you use that triangular parcel of property for open space? Bill Pope: It is required to be open space when it was deeded to the community league it was stated that no structure no more than 30 inches high could be built on it. Nothing could be built that would block the commercial structures behind it. In other words, it is supposed to be an open area. Item #23 Kings Grant Citgo Page 9 David Redmond: Okay. Thank you. Barry Knight: Are there any other questions of Mr. Pope? David Redmond: Thanks for staying by the way all day. We appreciate that. Barry Knight: Mr. Crabtree? Eugene Crabtree: I got one and it is something that you don't have to do. Have you thought about planting landscaping and shrubbery across there on that triangle on the side next to it? Bill Pope: I sure did. You ought to see the tree roots. We took a look at it and for about $1,600 we could do it. Eugene Crabtree: You've answered my question. Bill Pope: Yes sir. I've looked at it. We were going to plant hollies across there. Barry Knight: Are there any other questions for Mr. Pope? = Eugene Crabtree: Barberry's do real well. Barry Knight: Thank you sir. Bill Pope: Alright. Barry Knight: Is that all? Bill Pope: You need to get better seats. Barry Knight: Mr. Garrington? Here is a chance to rebut? Billy Garrington: I don't think there is any rebuttal. Ms. Wood if you wanted us to do a smaller fence? Dorothy Wood: No sir. Billy Garrington: We would be glad to meet with and we have tried. I know that Mr. Carlson has made several calls to the Administrator of the home next door. I also have called and left my number with them several times. We have not got a first return call from them. Dorothy Wood: Make sure that your client does not park on Kings Grant property. Item #23 Kings Grant Citgo Page 10 Billy Garrington: He is in the audience and he has heard that loudly. Dorothy Wood: Has it heard it? Billy Garrington: Yes ma' am. Ron Carlson: We're copasetic. Barry Knight: Are there any questions for Mr. Garrington? Donald Horsley: Can you back up to the picture of the one that shows the back of the home? They almost got enough shrubs to cover the view from their porch from the first floor already. It looks to me. Eugene Crabtree: You're right. Donald Horsley: I don't see where putting the fence up? Dorothy Wood: I guess you're right. ~~-' Donald Horsley: Put a fence up there six foot just to see through traffic would be, looks to me would be fine with the landscaping. Whatever you agree with the home would be fine with me. Barry Knight: Okay. Mr. Crabtree? Eugene Crabtree: I move that we approve the application with the change of conditions as so stipulated. Barry Knight: With adding condition #6, no cars parked in the drive aisle and no outside storage. Okay. There is a motion on the noor. Do I have a second? Seconded by Dot Wood. A motion made by Gene Crabtree and seconded by Dot Wood. Is there any discussion? Mr. Bernas? Jay Bernas: To add the eight-foot fence they said they would provide as well. Dorothy Wood: Is that what he put in the motion? Eugene Crabtree: I thought it was already part of the condition. I thought we already said the eight-foot fence would be part of the condition. Barry Knight: I don't know if was added in there or not. We certainly can make it be part of the condition. Item #23 Kings Grant Citgo Page 11 Jay Bernas: I think six foot is Category VI. I think that is what Carolyn said. An eight- foot would be different. Carolyn Smith: It is a minimum of six foot. So, it can be higher. Barry Knight: Okay. Is there any other discussion? I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON ABSENT BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE = Ed Weeden: By a vote of 9-0, the Board has approved the application of Kings Grant Citgo with the additional condition. Barry Knight: The meeting is adjourned. KINGS GRANT~OMMUNITY LEAGUE, P.O. Box 9481 Virginia Beach, VA 23450 Ms. Carolyn Smith Department of Planning 2405 Courthouse Drive Room 115 Virginia Beach, VA 23456 Ref: Kings Grant CITGO Request to add two service bays Dear Ms. Smith: The Kings Grant Community League does not object to Kings Grant CITCO's plan to add two service bays to the existing structure. =>. We do, however, object to the drive through feature and the addition of a drive aisle to the rear of any of the service bays. . We are concerned about the apparent lack of parking spaces since we have had recent problems with the service station parking their vehicles on Kings Grant Community League Property. We do plan to have representation at the February 14, 2007 Planning Meeting. Sincerely, ~?tP~ Kings Grant Community League RECEIVEr "t,... J.'f; A \T1i\111\Jr D,tiDA "RTf..rp~ ..i!.dtli ~ Uh\] 'Ll.r::u\.c.lv_1...J~. - 42- Item III-L6. PUBUC HEARING ITEM # 39672 PLANNING Upon motion by Vice Mayor Sessoms. seconded by CouncIlman JOlles. City Council ADOPTED an Ordinance upon application of AVALON CHURCH OF CHRIST for a CondItIonal Use Permit: ORDINANCE UPON APPUCA110N OF AVALON CHURCH OF CHRISI' FOR A CONDITIONAL USE PERMIT FOR A CHURCH EXPANSION (EDUCATIONAL BUILDINGS) R08951979 BE IT HEREBY ORDAINED BY THE COUNCIL OF TIlE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Avalon Church of Chrzst for a Conditional Use Permit for a church expallsion (educatlOllal bUIldings) on the following parcels, ~: Located at the northeast corner of Woodstock Road and Old Providence Road /!JJJ:gU: Located on the south side of Old PrOVIdence Road beginning at a point 165 feet more or less east of Woodstock Road. Said parcels are located at 844 Woodstock Road alld contazn 5.639 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Approval is for the Christian EducatlOlI BUlldmg and the Family LIfe Center only. The approval does not include any future addItions to the Christian Educatloll Butlding as zndlcated on the sIte plan. 2 A 40- foot wide vegetated buffer consistl/lg of existing trees should be retained along the North and East property lines to separate the future FamIly LIfe Center from adJacellt reSldelltlal propertIes This Ordinance shall be effectIve in accordance with Sectioll 107 (f) of the Zolllng Orthnance. Adopted by the CounCIl of the CIty of Virgl1lia Beach. Virglnza. on the Twentv-second ~f Aul!USt Nineteen Hundred and Ninetv-Five. Voting: 11-0 (By Consent) Council Members Voting Aye. John A. Bown, Linwood 0 Branch. III; Robert K Dean, Willtam W Harrison. Jr., /larold Helschober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker. Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhom Council Members Voting Nay. NOlie Council Members Absent. None August 22, 1995 Avalon I;J ~ @ ~ oQ lU ill 8-2 o 8-2 Modification of Conditions I::) ~;;.,~ ,{~~" f'fft.~~. -...;~ ~: . Co V" t-i. .z>' ..~ ...) ....~~. _r;.) ~..~...~.~lf.. -"C".~~.._~:r ~~.... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Avalon Church of Christ for a Modification of Conditions for a Conditional Use Permit approved on August 22, 1995. Property is located at 844- Woodstock Road (GPIN 1456740275). AICUZ is Less than 65 dB Ldn. DISTRICT 2 - KEMPSVILLE MEETING DATE: April 1 0, 2007 . Background: A Conditional Use Permit permitting a previous church expansion was approved by the City Council on August 22, 1995. That Conditional Use Permit has two (2) conditions: 1. The approval is for the Christian Education Building and the Family Life Center only. The approval does not include any future additions to the Christian Education Building as indicated on the site plan. 2. A 40 foot wide vegetated buffer consisting of existing trees should be retained along the north and east property lines to separate the future Family Life Center from adjacent residential properties. Condition 1 approves the Christian Education Building and Family Life Center only, and this is the condition needing modification. The modification is for additional on-site parking and a 60-foot by 24-foot modular structure to be used for three Sunday School classes, neither of which was shown on the 1995 site plan. . Considerations: The proposal, as conditioned, is compatible with the adjacent residential neighborhood. The addition of the three Sunday School classrooms within a modular trailer will enhance the services provided at the church and within the overall community. This expansion is not expected to significantly increase traffic, and the additional on-site parking will avoid potential overflow parking in the community. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. All conditions with the except.ion of Number 1 attached to the Conditional Use Permit granted by the City Council on August 22, 1995 remain in affect. Avalon Church of Christ Page 2 of 2 2. Condition Number 1 of the August 22, 1995 Conditional Use Permit is deleted and replaced with the following: Approval is for the Christian Education Building, Family Life Center, proposed parking, and modular structure to house three Sunday-school classes only. The approval does not include any future additions to the Christian Education Building as indicated on the site plan. 3. Approval for the modular structure is for a maximum of five (5) years. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. City Manager: .~~ Submitting Department/Agency: Planning Departmen AVALON CHURCH OF CHRIST Agenda Item 13 March 14, 2007 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Modification of the Conditional Use Permit approved by the City Council on August 22, 1995. ADDRESS I DESCRIPTION: 844 Woodstock Road. B-2 ModifICation of Conditions GPIN: 14567402750000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 45,635 square feet SUMMARY OF REQUEST The Conditional Use Permit permitting the church expansion was approved by the City Council on August 22, 1995. That Conditional Use Permit has two (2) conditions: 1. The approval is for the Christian Education Building and the Family Life Center only. The approval does not include any future additions to the Christian Education Building as indicated on the site plan. 2. A 40 foot wide vegetated buffer consisting of existing trees should be retained along the north and east property lines to separate the future Family Life Center from adjacent residential properties. Condition 1 approves the Christian Education Building and Family Life Center only, and is the condition requested for modification. The requested modification is for additional on-site parking and a 60-foot by 24-foot modular structure to be used for three Sunday School classes. The site has an existing church and Family Life Center with parking provided on the north and south sides of sanctuary. The Christian Education Building that was approved by City Council on August 22, 1995 has not been constructed. AVALON LAND USE AND ZONING INFORMATION EXISTING lAND USE: The site is developed with buildings and parking. SURROUNDING lAND USE AND ZONING: North: South: East: West: . Single-family homes I R-1 0 Residential District . Single-family homes I R-10 Residential District . Church I R-1 0 Residential District . Single-family homes I R-10 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: A 40-foot wide vegetated buffer consisting of existing trees is located along the north and east property lines. A portion of the site is located within the Chesapeake Preservation Area. Chesapeake Bay administrators have reviewed the proposal and indicated that Chesapeake Bay Board approval is not necessary. AICUZ: The site is in an AlCUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Woodstock Road in front of this application is a two-lane undivided local street. No Capital Improvement Program projects are slated for this area. TRAFFIC: No significant changes to trip generation are anticipated. WATER: This site currently connects to City water. The existing 5/8-inch meter (City ID #56064593) may be used or upgraded to accommodate the proposed development. SEWER: This site currently connects to City sanitary sewer. Analysis of Pump Station #413 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing 36-inch Hampton Roads Sanitation District force main on Old Providence Road and an existing 8-inch city gravity sewer main on Woodstock Road. Recommendation: Staff recommends approval of this requested modification, as conditioned below. EVALUATION AND RECOMMENDATION AVALON Comprehensive Plan: The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood. The addition of the three Sunday- school classrooms within a modular trailer will enhance the services provided at the church and within the overall community. This expansion is not expected to significantly increase traffic and the additional on- site parking will avoid potential overflow parking in the community. CONDITIONS 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on August 22, 1995 remain in affect. 2. Condition Number 1 of the August 22, 1995 Conditional Use Permit is deleted and replaced with the following: Approval is for the Christian Education Building, Family Life Center, proposed parking, and modular structure to house three Sunday-school classes only. The approval does not include any future additions to the Christian Education Building as indicated on the site plan. 3. Approval for the modular structure is for a maximum of five years. 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. ;i~..jj},,,,.:'W.' '-" . ., - }i;i:,~:"':::\~\ ~~,::':i:>\~::\~~,;;;,:<.;,;'>;'\' " <,-Y:"'_._- ","_",_ ; . / :':;:~>:: AVALON CHURQ~gGFTc;8 "'Hi ":'~j:\ ;~~ndaJt ......> / AERIAL OF SITE LOC1t\FIQN': ,,"',- ,-,- \~;"'- ", ,.' " ",- - -, ~.. ',..< '-'->.-.". "'~" -,"" AVALON CHURCHOFC ;~genda1t PROPOSED AVALON CHURCH OF CHRIST NEW MODULAR CLASSROOMS COMPARABLE EXTERIOR VIEW "m._...."____.___..._~_ ___...._..,_~,.,..,...._""-,..,.._.._., ..",,,-,,.,, . _'."h...._.".w.m""'_".. .....M,h.w'."''', ~"__"W"'_'''__'_m_,__.._~_..~". COMPARABLE RAMPINGIWALKWAY PROPOSED BUILDING EL;^~ :Irl€.l~)~\,s 'f'Y~"~'s-<<' ,,::~:::~::'2;:':~i2;:::;~:{ ><";, (~/.. -,';,,~~ ~/ ".-, "\! . ,,,,..,, ~. ,:,",~~::: AVALON CHURQHOF CHElIST :~9~ndaJt~rp..13 '." '~ ' '.!~~g. e,6 , ',"- -,,,,,,...,,---,--_... '}~: )cj Avalon Q. \J ~ B-2 o B-2 Modification of Conditions o 10 # Date Description Action 1 08-22-95 Conditional Use Permit (church expansion) Granted 08-11-86 Conditional Use Permit (church addition) Granted 08-14-65 Conditional Use Permit (church) Granted 2 04-27-93 Conditional Use Permit (church) Granted 3 09-25-01 Conditional Use Permit (mini-warehouse) Granted 02-10-04 Modification of Conditions to a Conditional Use Permit Granted 03-11-03 Conditional Use Permit (mini-warehouse) 4 04-23-90 Zonin~ Chan~e (B-2 to R-40) Granted jt',r,_,~~.4.;'.r'::;>,~;;;~~>,;.~\,,,,~ ZONING4JflSl'ORY,<::" ?/,~ ~;. .":\::, ~;:, ';,:Y;~<i;I~'<~-';;:'i;';-':'/.'~;~- ,< 'l<,~'T,_v;, AVALON CHU~O~ICl-lis:t~';~~ ~~ndalt.:.13 .... .'..........7 >"v;" ~.;;:,...-'-,-,."._,:~., '. NOLLVJnddV SNOIJJaNOJ dO NOLLVJIdIUOW ~ I- 2: LI/ ~ LI/ ~ ltti I!' w It :J II) 9 o Ul o I- 2:. LI/ ~ ~ e LI/ It e; 9 o Ul o e 11- ~:; s .~ g.~~ ~ jti U ':'7i~'li ,.. . €'fia ~~~ ~1*$j!s"jO Ji..JR '1;" ~ ~H~Jii ~ ..- -g " .~ h'ij~ ~!if~ ~e~ I~~ :.0- t:'15 lo., :X'C;.OU3. _ .... ,$~," "0" l> a; i lli~.~ ~ S.31 h~ or;,,,, ~'~~'r -&O.t: s::I~"!l~E' s ~l.i~ - 'Flci!.....Ji -" j- '''I' ' l:lB~" i1!i_ ~1. "I' .. --c o.~i .$;e ~:Z'8 ~.. ',' ,~i !S~-s I~~ Ea : ~.I.. 5 , .1 !& fn~i3 00-... .e f:"~ f'i~~.h ~I." .,I g,3' ": ~l~ !1 O.~~5 U ~ (Jt$--(il is f!;at-..",,,, !!:;ll.8 ,E '~~EajH Q~-~ ..I_ilg I"g .g-h~s:;:~'&;;o <me ),;:,S.U1E ..~ ~ :g,Sii . Ii -....~-el~ sJll~ tl!!'" ~1g;!!ii;~e.J U~ ~lf!'''Il,01! ~~l'i I!" .,l!~ i "Is!~~ hI lii= f!i j! ~l~~~!;~ _ !!j Jci:ii'!-J~ e,: 8ii~ lifE j*!g lii~ e 1&;; ]'5~..I!!;W"'$ ~l,li ~'5i;; ~~!~ifrU 00: :s. <Of' ~'!_11 "'!l" ~ glJ r; a~ .~_='" iI"lii, . . 15... "I i ~~ If lS111~ -~ i IU ~~hjui~~ .,- ::is I I I~ ~ 11 11; ~ '. "'" i'l! ~ -, ~' .~ i ~ ;!$I' .s ~ 1!! 11"'1. J ., "~ _ !~! .l!I ~ ~ ~ ! '! i ~ ~ <<~ ~ ~ ~'i a:! ~ j 0\; I ~ l~! : .~~ d~ll~ ~I~i i., Ii !!si.e",>! mt31 "," e ~~~ 'fi, ~1,.Q! ;..~ ~~""li! ~!:I ih (.ql t'i::t Ii, t ~,i : 3.,::t :::J c. E ~ J >'1.; I '" ~ ll:I5Ss.ll !!if!) '~~ <ig$.8 ~ el '!! ul~ li1 ~ ~i Etlf ~.Il i Ii lili II;! ; Ii &:e.., m..j j"'~ iI~~ ~l ill !~ "" s- ~I iill iN <; "," lJl' tl c: in .a ~ JS- ~ " " '" .. 0- j i t; " .. .... i~ .S!~ ~~, =0 ~~ IS' ;;;e. eR 1i .Jtl.... ~~ o ei .8 1 ~ tic ~o .i l~ ~ w ~'i iil !S~.3 o~ ..,-. * ~ ~~!~~ i !~ll~~ ~h€-~~ ~ ~ &~ l~ ~tdj~ ltt1tH 1U Q.& 0_ all ~""'osit;! C:C"'i1!- . Ii. 8 :.di ~;:"Oii i I tf ~ ..O~ lS'! l~oa . i~i ~,~ I dL,g Z^! . ':= :J- Q ~.l B il"Q~ Ii "lib Ii h~!!~ ~ "j fl,c.; i-a ~ ~ ; ~ ~; ~ c: ! lI~~~.~,~ II!!' !~-rh-g !illi; $hu." j::l~ i:U~f 610: h .t~t ~ '$.~:~~t 31d~1 ~UrH jlltii !.!U i~ ~llhi Za~RU ~i-:!!i ~illls ffif*~jf <.>_d 5~ J 1~ '" z i~ . e. E ~ ..9: iii ! ~ <Co C S! ~ 8., 8~ ~! ...~ ~i ",0 ~j g.. ~& ~,o- l.~ i l.i~ ~ ;Q ~ ~,,~ a ;0 i 2:f I ~i $ lJ NOLLVJnddV SNOIllaN03 dO NOLLVJldlaOW DISCLOSURE STAIEME~t~'~:\<, :j:'~<~r;;!!,,5,;;;.:~;,:/C':{~ f)i!'< ':~:'"",; ,';",,' ~.Y """-,,;.',,,-;:,..,;-~..-,:>,< Item # 13 Avalon Church of Christ Modification of Conditions 844 Woodstock Road District 2 Kempsville March 14,2007 REGULAR Joseph Strange: The next item will be item 13, Avalon Church of Christ. An application of Avalon Church of Christ for a Modification of Conditions for a Conditional Use Permit approved on August 22, 1995. Property is located at 844 Woodstock Road, District 2, Kemspville, with three conditions. Barry Knight: Welcome sir. Please state your name for the record. Malcolm Puckett: Good afternoon. I'm Malcolm Puckett. I'm the Associate Minister at the Avalon Church of Christ, and I just wanted to express gratitude to the Planning staff, as well as the Commission as far as working with us on this proposal. We have a letter of support from the local civic league, which I've given to the Planner. We work with our community day in and day out in various capacities. So, we're in agreement with the four the conditions that are now on this proposal. We're in agreement with that, and I believe at this point, we don't have any opposition. Barry Knight: Thank you. Did any Commissioners have any questions? This was placed on the consent agenda early on because we thought we had opposition but we find out that it doesn't. Are there any questions of the applicant? Mr. Horsley? Donald Horsley: What is the length of time before you plan on building this other building where it replaces the modular? Malcolm Puckett: If we could collect donations today, we build it but it hasn't happened this afternoon. Basically, we want to build it as soon as possible. I think we would like, obviously, a little flexibility there. Donald Horsley: Will five years give you enough flexibility? Malcolm Puckett: To be honest with you, frankly, I feel very confident if it were a seven- year window. It is one of those things that once it is approved that clock is ticking. Sometimes that process is a little slow. Donald Horlsey: Sometimes it speeds up things. Item #13 Avalon Church of Christ Page 2 Malcolm Puckett: Right. I appreciate that. I will make one comment but I had been educated about this process in that the church across the street from us has four modulars and has been there for 15 years. Basically, if you look around the City, you see various modulars. This is a situation, and I understand the circumstances there, and as I had indicated earlier the Kempsville project has seventeen modulars that they added without any length of time attached to that. Our concern is aesthetics and functionality. We certainly want to make it very usable but also aesthetic to the neighborhood. We want to build that educational wing as soon as possible but in theory we're probably talking about 5 or 6 years out before we can do that. Donald Horsley: You going to give us some landscaping? Malcolm Puckett: Oh yes sir. In fact, our fourth condition is to utilize Category IV as a buffer on that residential area. Donald Horsley: We go with the five years, and hopefully you get it done by then but if you don't you can come back and see us. How about that? Malcolm Horsley: Yes sir. Thank you. Barry Knight: Are there any other questions of Mr. Puckett? Thank you. Mr. Strange? Joseph Strange: We have one person that signed up. I don't know if he is still here or not. Elia Gavaris? Malcolm Puckett: I think he bailed. Barry Knight: Thank you sir. Malcolm Puckett: Thank you. Barry Knight: I'm sorry sir. Mr. Crabtree? Eugene Crabtree: I make a motion that we approve the application as submitted. Barry Knight: There is a motion on the floor by Mr. Crabtree and seconded by Mr. Livas. Is there any discussion? I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON BERNAS CRABTREE HENLEY ABSENT AYE AYE AYE Item # 13 Avalon Church of Christ Page 3 HORSLEY KA TSIAS KNIGHT LIVAS REDMOND STRANGE WOOD AYE ABSENT AYE AYE AYE AYE AYE Ed Weeden: By a vote of 9-0, the Board has approved the application of Avalon Church of Christ. Barry Knight Thank you. Page 1 of 3 Leslie J. Bonilla From: Elia Gavaris [gavaris798@yahoo.com] Sent: Sunday, March 04, 2007 8:12 PM To: Leslie J. Bonilla Subject: Forwarding letter to City of Virginia Beach Planning Commission Attachments: 2832570472-Structure behind home.doc Dear Ms. Bonilla, I attached my letter that I am requesting that you please forward to the Virginia Beach Planning Commission. As well as attaching the letter, I have also decided to paste a copy following this e-mail note to you. The reason for that is that I wasn't sure if you had Microsoft Word on your computer to be able to open up the letter I wrote. I don't know think you would be able to open up the attachment without the Microsoft Word program. So just in case, you could print this e-mail if you needed that has the pasted copy ofthe letter to the Planning Commission. Thanks very much for answering all of my questions. You have been very kind, helpful and courteous. Also, thanks for e-mailing the plans and pictures of the proposed building. I found it very helpful when writing my letter and being able to address the matter and weighing the information given. I'll be getting touch with you to confirm that you received this e-mail and its corresponding attachment. Once again, thank you very much for your help. Sincerely, Elia "Lee" H. Gavaris The following is pasted copy of the letter. Please try to open the attachment as it would be much easier to print that way. I appreciate the help you've given. Thank you. Elia H. Gavaris 771 Driskill Court Virginia Beach, VA 23464 Virginia Beach Planning Commission City of Virginia Beach Municipal Center Building 2, Room 115 2405 Courthouse Road Virginia Beach, VA 23456-9040 Re: Letter of Opposition March 4, 2007 Dear Virginia Beach Planning Commission: 3/5/2007 Page 2 0 f 3 I am sending you this letter in reference to the proposed work and permit the Avalon Church of Christ is requesting of your Commission. I received a letter from the Virginia Beach Department of Planning dated February 23,2007, but actually received the letter via certified mail on March 1,2007. The letter stated my own property would come into a possible conflict with the building permit that was requested. I do hereby respectfully oppose the building of this structure. . From the information that I actually gathered, it is my understanding that the Avalon Church of Christ seeks to build a modular building that is 24-feet by 60-feet in size. This proposed structure that is being requested for permit, if allowed by your Commission, would be situated directly behind my house, separated by 20 feet from the property line. From this separation, there is wonderful view from the master bedroom, the den and also the kitchen of my home. As it stands now, the view in which the proposed structure would be built is very pretty and pleasant from the master bedroom, the den and kitchen area of my house. I am not in the habit of keeping the blinds closed when I'm home, because of the pretty view that it gives and all of the natural sunlight. You can see all the way through the field of the parking lot, perhaps several hundred feet, onto the next street leading out of Woodbridge and onto Providence Road. If the proposed structure was permitted to be built, it would create a direct obstruction of any view out of the master bedroom, the den and kitchen of the house. It would also create a terrible eyesore to my home and view. This structure would also ruin any privacy. From the location of the proposed structure, it would completely impede upon my privacy. The dismantling of someone's privacy, that not being taken for granted, also detracts from the desirability of my home and also its value and its dollar value now, and in the future. In all fairness, I am completely opposed to the building of this structure: One of the best features of my home is the wonderful view of the outside from the master bedroom, the den, and the kitchen. When I walk into the master bedroom, the den or the kitchen during the day and when the blinds are open, I find the view and the sunlight to be one of the most attractive and beautiful things about the entire home. I hate to think this feature would be destroyed by the building of a modular structure. I am requesting that you, the Virginia Beach Planning Commission, please consider this when giving approval or disapproval of a permit to build this structure before it's forwarded the City Council. I also question what is the church's intention of actually putting the modular building 20- feet from the property line? Twenty feet isn't much difference at all. The only thing I would be able to look at twenty feet away from the property line would be a 60- foot wide modular building. Even at twenty feet it would be a serious obstruction of view when you consider that this structure would be 60 feet wide. It would be wide enough to block out any view. from my den, kitchen or bedroom. The only thing that anyone looking out would be able to see is an eyesore of a 60-foot wide building. It would go from being a pretty view to an annoying view of an unattractive modular building. If you have seen the similar pictures of the proposed building, you would understand clearly what I mean by this. There is one other thing I am asking you to also consider when making a decision whether or not to approve this permit. I very truly believe that the building of this structure behind my house would greatly decrease the value of my home. I can't give a quote on how much I think it would decrease the value, but I really believe that a structure behind my house, such as the one being requested, would substantially decrease the 'Value of my home. The reason is because it's so close to my home and because it would block the view and the sunlight. Also, I think a structure like that is also unattractive, 3/5/2007 Page 3 of3 because it blocks a view completely, as opposed to seeing an open field. This is because it is so close to my home and because it would completely block any reaching view. And if that is the case, I feel like, even if there is just a chance that the value of my home would be decreased, and I know that the value of my home would be decreased, that the church requesting this permit should provide me the funds to have an appraiser come out to my home to appraise what he or she feels would be the fair-minded appraisal of the decrease in value of my home as it would be in the event that the proposed structure is built. I feel like they should also be responsible for any amount of the dollar value of the home that would be decreased to be consistent with what the appraised decrease would be. Because of this, I am requesting an appraiser of my choosing if a permit is granted. I also feel, that in the event that the proposed structure is approved for permit, that the church should also be responsible for an 8-foot fence to be built around my home, to separate any view of the structure being built and to ensure all current privacy, as well as to completely build the fence around my home for aesthetic purposes. An incomplete fence would look terrible. A 11 in all, I am completely opposed to a structure as is being proposed to being built behind my house. It is extremely close to my home and it blocks the view. It also goes from having an attractive outward view of the area to creating an unattractive view that would be blocked by a 24-foot by 60-foot structure. It is my earnest request, when you, the Virginia Beach Planning Commission, make the final decision as to whether or not to approve the request for a permit for a modular building to be built directly behind my home, that you please consider all of my concerns and the above facts stated. Thank you very much for taking into consideration my thoughts and concerns over the proposed project. I am looking forward to meeting with you at the Planning Commission Public Hearing on March 14,2007. Sincerely yours, Elia H. Gavaris Elia H. Gavaris Want to start your own business? Learn how on YflhQQ.LSIn.1:!1l.B1J&il.le._$..s, 3/5/2007 ~'3-'i i '3-y-e f C'0ec,'3-?e Bernice Dumas o Map 1-2 Mop Not to Scole / First Landing State Park R-5R (SO) P-I OOG P-I First Landing State Park ~~. ;$~1-:-'% <s:re"1. ~~ (. :_. \2: ( ; .: , c.- . ..) ,0;,":.- ~~j .:.....~f".i "'-~". .~ ...~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on property located at 2318 Calvert Street, in the Lynnhaven District. MEETING DATE: April 10, 2007 . Background: The applicant requests approval to construct a third floor addition, second and third floor decks, and an elevator. The use is nonconforming because two single- family dwellings currently exist on one lot. The R-5R Resort Residential District does not permit more than one dwelling (single-family or duplex) on one lot. . Considerations: The R-5R Resort Residential District permits 35% lot coverage, 60% impervious coverage, and 200% floor area expressed as a percentage of the permitted lot coverage. The total proposed lot coverage that will result from the addition of 1,185 square feet to the existing 2,080 square feet of living area is 35.63%, which slightly exceeds the permitted lot coverage. The proposed impervious coverage will be 63.3%, exceeding the permitted coverage by 3.3%. The proposed floor area will be 235%, exceeding the permitted floor area ratio by 35%. The proposed addition will not encroach into the side yards any further than the existing structure. The new decks and elevator on the front of the structure will extend eight-feet into the front yard setback. The required front yard setback in the R-5R Resort Residential District is 20 feet. With the addition of the decks, the front yard setback will be 19.7 feet. The submitted elevation depicts a new exterior of a shake design with white decks and trim. . Recommendations: The proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing nonconforming use. The neighborhood is an eclectic mix of single-family bungalows and cottages, and two and three story duplexes. Granting approval for a third floor addition, decks, and an elevator so the applicant may improve the dwelling would be in keeping with the mix of buildings existing in the neighborhood. The request, therefore, is acceptable with the following conditions: 1. The proposed addition shall substantially conform to the submitted elevations entitled "Addition Plans for Dumas Residence", prepared by SPC Structural Engineers, and dated August 10, 2006. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Robert and Bernice Dumas Page 2 of 2 Virginia Beach Planning Department. 2. Exterior building materials are limited to Hardiplank siding and cedar shake. All windows, decks and railings shall be vinyl trimmed. Roofing materials shall consist of architectural grade shingles. Exterior building colors are limited to the earth tone palette. . Attachments: Staff Review Disclosure Statement Location Map Resolution Recommended Action: Approval. \ \\ \ Submitting Department/Agency: Planning Department I I ~ City Manager~ ~ \<( ~IYVI. \ 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 2318 CALVERT STREET, IN THE BEACH DISTRICT 4 WHEREAS, Robert and Bernice Dumas (hereinafter the 5 "Applicants") have made application to the City Council for 6 authorization to enlarge a nonconforming use with the addition 7 of a third floor addition, second and third floor decks and an 8 elevator to one of the existing dwellings on a certain lot or 9 parcel of land having the address of 2318 Calvert Street, in the 10 R-5R Resort Residential District; and 11 12 WHEREAS, the said use is nonconforming, as there are two 13 dwellings on the subject lot, and in the R-5R Resort Residential 14 District, more than one dwelling on a single lot is not allowed; 15 and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning 18 Ordinance, the enlargement of a nonconforming use is unlawful in 19 the absence of a resolution of the City Council authorizing such 20 action upon a finding that the proposed use, as enlarged, will 21 be equally appropriate or more appropriate to the zoning 22 district than is the existing use; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 That the City Council hereby finds that the proposed use, 27 as enlarged, will be equally appropriate to the district as is 28 the existing use. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 That the proposed enlargement of the existing dwelling is 33 hereby authorized, upon the following conditions: 34 35 1, The proposed addition s~all substantially conform to 36 the submitted elevations entitled "Addition Plans for Dumas 37 Residence," prepared by SPC Structural Engineers, and dated 38 August 10, 2006. Such plans have been exhibited to ~he Virginia 39 Beach City Council and are on file in the Virginia Beach 40 Planning Department. 41 42 2. Exterior building materials are limited to Hardiplank 43 siding and cedar shake. All windows, decks and railings shall 44 be vinyl trimmed. Roofing materials shall consist of 45 architectural grade shingles. Exterior building colors are 46 limited to the earth tone palette. 47 48 49 Adopted by Virginia, on the the Council of the City day of April, 2007. Virginia Beach, of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ) )d~JL( )1/11od City Attorney's Office CAI0362 v:\applications\citylawprod\cycom32\Wpdocs\D029\P002\O0030715.DOC R-3 March 29, 2007 Enlarqement of a Nonconformina Use for a third floor addition, second and third floor decks and an elevator. P-I Mil/> 1-2 Moo Not 1.0 Scol... ROBERT AND BERNICE DUMAS April 1 0, 2007 City Council Meeting Staff Planner: Faith Christie REQUEST: ADDRESS I DESCRIPTION: Property located 2318 Calvert Street GPIN: 15906271782318 COUNCIL ELECTION DISTRICT: 6-BEACH SITE SIZE: 6,250 square feet The applicant requests approval to construct a third floor addition, second and third floor decks, and an elevator. The use is nonconforming because two single-family dwellings exist on the site. The R-5R Resort Residential permits a single-family dwelling or a duplex on a lot. A duplex is defined a two dwellings within a single building. The existing dwellings are not within a single building and are therefore considered nonconforming. SUMMARY OF REQUEST The R-5R Resort Residential district permits 35% lot coverage, 60% impervious coverage, and 200% floor area expressed as a percentage of the permitted lot coverage. The total proposed lot coverage that will result from the addition of 1,185 square feet to the existing living 2,080 square feet of living area is 35.63%, which slightly exceeds the permitted lot coverage. The proposed impervious coverage will be 63.3%, exceeding the permitted coverage by 3.3%. The proposed floor area will be 235%, exceeding the permitted floor area ratio by 35%. The proposed addition will not encroach into the side yards any further than the existing structure. The new decks and elevator on the front of the structure will extend eight-feet into the front yard. The required front yard setback in the R-5R Resort Residential is 20-feet. With the addition of the decks, the front yard setback will be 19.7-feet. The submitted elevation depicts a new exterior of a shake design with white decks and trim. ROBERT AND BERNICE DUMAS April 10, 2007 City Council Meeting Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Two single-family dwellings occupy the site. SURROUNDING LAND USE AND ZONING: North: South: East: West: · Two single-family dwellings I R-5R Resort Residential · Two single-family dwellings I R-5R Resort Residential · Two single-family dwellings I R-5R Resort Residential · Calvert Street · Across Calvert Street are single-family and duplex dwellings I R-5R Resort Residential AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES There are no impacts to city services. Staff recommends approval of this request subject to the conditions below. EVALUATION AND RECOMMENDATION The proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non-conforming use. The neighborhood is an eclectic mix of single-family bungalows and cottages, and two and three story duplexes. Granting approval for a third floor addition, decks, and an elevator so the applicant may improve the dwelling would be in keeping with the mix of buildings existing in the neighborhood. The request, therefore, is acceptable with the conditions below. CONDITIONS 1. The proposed addition shall substantially conform to the submitted elevations entitled "Addition Plans for Dumas Residence", prepared by SPC Structural Engineers, and dated August 10, 2006. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. Exterior building materials are limited to Hardiplank siding and cedar shake. All windows, decks and ROBERT AND BERNICE DUMAS April 10, 2007 City Council Meeting Page 2 railings shall be vinyl trimmed. Roofing materials shall consist of architectural grade shingles. Exterior building colors are limited to the earth tone palette. 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. ROBERT AND BERNICE DUMAS April 10, 2007 City Council Meeting Page 3 ()) C) . "0 'C .c ~ o s.... f- en 'C s.... o 2 ctS '0 .C ...... ctS a.. "0 c ctS ctS .- en C 'C .5>' s.... s.... 0'- 2> . ..c Wo C co o (I) en co ()) co Z '2 .- - 0) ..c:s.... 0'- (I)> ()) - s...."C oco en 0 'C a:: s.... (I) 00) ~"C ...... .- ())a:: s.... ctS..... C)C s.... co ctS en 2m Clio... 'C "" s...."" OCX) 2~ ~o; enN (l)N E'? ctS~ '""')N ,+-1 ON ~ ~V tN ~Z 0- s....a.. o...c> ,... .. I" I ~I: THIS IS TO CERTiFY THAT I. ON 9/13/06 SURVEYED THE PROPERTY SHOWN ON THiS PLAT AND THAT THE TiTLE UNES ANO WALLS OF- THE BUILDINGS ARE AS SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN TrlE TITLE UNES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROP RTY EXCEPT AS SHOWN. ~ '0 -.. 0 ;... g ~ :.- <D z so' PROP. 5'xS' ELEVATOR '~O/l' 9t~ 8,. ~~U? ~1 V'- 6'g. t71.'V".~~ ~~~,o 06-~~O?s 7 '0 o Lri ~ N ~. ~ ~ 6 C.S' i!:.PSQ CALVERT SCALE: SIGNED: LS 11 -=, 10 PROPOSED 1 STY ADDITION OVER EXIST. 2 STY. PORTION OF UNIT 2318 RELOCA TED WOOD STEPS 50.00' N 2513'00. W 160' TO SHORE DR. S!-;EET . OF 2 PROPOSED SITE PLAN i I ~ 9 .-S' wee=, rENCE: / ~ 25'13'00. E !") 50.00' 1.0:-0 ! I I':'\O{~! "'Cou ~~CK 5.1' 21.~' (2-S-FR) #2316 30.1.' OPf~ PORCH : I !-... : i i"-J (J) '" ... ..: ..., c" 0, ::E ~ wee: C::CI< ~e. 7 OPE>l PCRQol ... ( "'r: 2 i 1-5) e : -- , 1(2_5) 0-'1 C5 i ! i i 1~.i' $looCWE;( C~D.l,,"f:Y '" ", " o. .:o.'\j,:. PA~Kl~C STREET 40' R/W PHYSICAL SURVEY LOT 8 BLOCK 5 - SECllON G CAPE HENRY MB 7. PT. 2. P 142 VIRGINIA BEACH. VIRGINIA 1" = 20 . SEPT. 18. 2006 MADE FOR 11/6/06 REV. ROBERT S. DUMAS GAlLUP SURVEYORS & ENGINEERS. LID. m FlRSi COLClHtAi. ReAD V_~'A BEAO!, \'IRQNlA ~ (757)<42e-a':12 ROBERT AND BERNICE DUMAS April 10, 2007 City Council Meeting Page 5 ..",.~,,'::-~ ._.._:11.,..".=0.......... ! "~l X-'7:: \~:~. !Aiie:: ~ 2 i,:iV'I!,:,::~ ~~, :~~~_r/)~! i? ii ~ .1)\: !:~ Ii ~ ~i I;:: " :'" ~ ~ ! !! L~ :2. -~ ~ ~ ~ G\ ~ iF d ~d1 ~~ ;::;.;:::: ~I ~~~ ,n,v:i ~ ~ r=0 ,L"""''''''~,....-~ j":~~i-"'" i,',,-_~II~ :: ---c.:Dl U ;: ~~.c =-.---; 0: p ~j o z 0' ~J e , -"-"- Ei.~ - ;.- ~~ ~ :i::;::~ 1 ~ I ~! ~ ~ " r ~ " ~ i :::=JIC i: ~~ : :J~!f~i;'~ "'---- ~- === -= 3:;r'e':';'S (\ V Q;)L ~~ ~~ I, g; ~g 3 ~~ 4 ;;....;;.:=- <; ~ :lDi~' u = ~ ':::- ~-------I: c- ~g 8:: !: ~ ~/ ..-.~--=--_. i ! ';: ~ NVU.'9'~ L.::I UNV NV ld 3:>N3alS3~ SVI'Ina o "'- ~~~ ~ I :i '<( j[ 0-; ~ ,~~ "1 5 0. ~ ' L........... ' ~ l! __~ ..' .~A.J I, :1 j. 0 21 ~ ~ i ~ ~:~:~D:S c::!~ t'! z: 2: ~! t;' ~;~ y ! ' ~ ~bJ~ .-- ?~ :; i: (..'1, 2: B '" <:. ~ ~. ",' ~:': <~ ~r ~1 ",' o C! C ~~! It !:i n;~ m ;H;~H 1~::t 'I~~! it ii' $.l';dl ~~~ ;H~i =i i~~~ ~Ui: ~~ -.1. _ -. z' ~:~ y'i~ g) ,l..~ .- ----:; ~~ "'- :::.,'( =:~ ~~~. , .olo; g t~ (,n: z: 0, ;= ~8 ~ ,,'- '. '. ..;~ ~ ~~ ' ~:t~ ~: ~.;/.~ ~~ ~~ ~ PROPOSED BUILDING ELEVATION ROBERT AND BERNICE DUMAS April 10, 2007 City Council Meeting Page 6 Map 1-2 Mo Not to Scole Bernice Dumas o First Landing State Park P-I P-I First Landing State Park There is no zoning history in the immediate area. In 1965, the City Council rezoned the entire area from R-D 2 Residence Duplex to R-S 4 Residence Suburban. ZONING HISTORY ROBERT AND BERNICE DUMAS April 10, 2007 City Council Meeting Page 7 NOIlVJnddV HSIl ~NlMIOllNOJ-NON ~ I 1.1.I II ~! wi I~ I 1.1.I1 a:: =>1 (/), e ~I ..J' 'U Il~ ,: 0 ! ~, L ~ ! :' II i I I I~ ~ ,1.1.I ,,~ i<: 11 l- i(/) W a:: => en e ..J () i~ ;0 ti'a '" - ~ :l :n-u EE_ _= r.:; ~~~ ~o-g U (,'l -::; ~ 0 1/':- ""'" " JJ) .:; .~ .E :? 2: ~ ~ 0 ~2; iili o c :: u (j~~~ U)-,=OQ 5$~~ -I::.=:c oct I.' C')~ ~~.g~ Eg~~_ c';;; c:.;;; ~ ~..5'~: ~ :s ~ ,~ 8 ~~~o ~ ~~; ~!~~ u ~ -;\ u :::(ijie~ ~QQ< 0::1___ c::::r _ . .x:O(J)~ ~ ;;.~,fJ ;;.;-E~~ ~B~~ J " " o c: .;:; :l .c '" ~ =~ c: ~ _0 ~ ~" c::! 2 :.0.... ~~ %"t; oS ~~ ~~ ~~ c rr. 8-=~ ~~~ .0:0- ~~o !i~ .9. 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'" ~ c C- O g C :l ~ ,,; c;; ~ g - "t:: Q c: 1:: '" l:l. c:' ! " ;,; <: ... ~.~ ~.~ (":C') ~c 0._ g.S o e 58- ~8 ~~ "'" " ~ ~ u~ o t ~ ;= ~ ! 8 <': ... o <:: ;; ... :; - o ~ ~c 3~ ~~ C SI ~ ~ ~ ~:g _ " J. ~ j <i C Q ;.r:- ~ ~ $ "0 ~.~ i 0'::: 'on G E 0-::-- (I) -:: 2 ~ sci =~ ~.:= ;! l,,) z~ :S? ~ g .. E'; ~}fl~ i i 5 ~ g ~ O-z. !i ~ ~ V) ~ ~ i~~(tt ;3.. ~ 5 ~ ~ ~, ~~.E ~ Ci.~ ;- ~ 1r. =\. ~~:;j c.. ::; 5":' o NOI1VJnddV lSfl ~NlMIO~NOJ.NON ROBERT AND BERNICE DUMAS April 10, 2007 City Council Meeting Page 8 We are neighbors of 2318 Calvert St. We are aware of the proposed addition. and do not oppose it. ADDRESS ~-SuuuCt Iv~L?-r ~4S ~I ' tA-'61Y~ 2~ g6 O~~ &.\x..~O~ ------. - .._- -,- NAME tr1Ik~ 0vc,h~ Got--F C8ru '-~ 2. :> I 7 t r- ",f)P5:LA.., r: .... c' I",~ -{: Sf-.. 0. ..5.C':J .. !;:::.()..t.) ud.. .~., \ 2-0577 dc;-t.?~ ~.~~ :2~ /.9 ~ I I I I I I I I I I I -1 - I I I i I I I i I ! . I PETITION OF SUPPORT ROBERT AND BERNICE DUMAS April 10, 2007 City Council Meeting Page 9 Page 1 of 1 Ruth H. Fraser From: Sent: To: Cc: mstampe [mstampe@cox.net] Tuesday, March 13, 20074:54 PM Carolyn Smith; BIZMOM2000@A0L.COM FUSIS1@COX.NET; GARYN777@COX.NET; langman5@cox.net; Ruth H. Fraser; CSDCASH@COX.NET; BILL.MURRA Y@BAUERCOMP.COM; MOVINGDEALS@YAHOO.COM; larstampe@aol.com Subject: ZION CITY OUTREACH AND LAKE JAMES COMMUNITY/Input for March 14th Meeting On Saturday. March 3rd, several community members of Lake James met with Pastor Butler of Zion City Outreach to discuss the Conditional Use Permit (CUP) Application for the church scheduled for March 14th. Lake James had concerns about the project, but Pastor Butler and members of her congregation were able to answer our questions. A conclusion was reached by Lake James and Zion members about the following conditions: 1. The building must meet the structural standards of the city; the fire standards of the city; and health standards (rats were seen around the structure in the past). 2. Normal hours of operation would be 9:30 am to noon on Sundays, and from 7:30pm to 9:00 pm on Wednesday for Bible Study. Lake James understands from time to time special events would occur outside the normal hours. 3. No one will reside on site; daycare operations will NOT be conducted. 4. Zion stated that attenuation materials will be installed to reduce sound levels; we ask that this be a condition. 5. Repairs ofthe stru~ture must not be conducted after 8pm. All parties agreed that Zion must meet the CUP requirements in order to operation, and that Zion would be responsive to community inputs if/when a problem arises. As of this date, CUP support from the Lake James neighbors is in the majority. For C. Smith: Pease ensure this information is provided to the Planning Commission and City Council. For Pastor Butler: Good Luck! Lar Stampe President Lake James Homes Association 3/14/2007 LAKE JAMES CUP for Church CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Zion City of Deliverance Outreach for a Conditional Use Permit for a church on property located at 5405 Indian River Road (GPIN 1465285585). AICUZ is Less than 65 dB Ldn. DISTRICT 1 - CENTERVILLE MEETING DATE: April 10, 2007 . Background: The applicant requests a Conditional Use Permit allowing the renovation of an existing deteriorated structure for a 58 member church. The subject building is one of two commercial structures on this parcel, which is zoned B-2 Business. There is an existing dry cleaning business (Zoots) located on the front portion of the site, immediately adjacent to Indian River Road. The structure proposed for the church has been vacant for several years, and the property owner has had considerable difficulty finding a user due to the location of the building on the rear of the lot, the deteriorated condition of the building, and the close proximity of a residential community to the south. Thus, similar to situations where churches locate within underutilized units in a retail strip center or office complexes, the applicant desires to use this underutilized building. . Considerations: The Comprehensive Plan designates this area as part of the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area primarily focus on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area, while providing for compatible and appropriately located non-residential uses serving those neighborhoods. The applicant is proposing to rehabilitate what many consider to be an existing "eye sore." The exterior of the existing building is in extreme disrepair. The applicant proposes to add vinyl siding, install landscaping, re-stripe the parking lot, install security measures, and improve the lighting. An existing hedge of Leyland cypress exists along much of the southern property line, adjacent to the single-family residential units. As this will be a place of "assembly," additional Building Code requirements must be met in regards to fire protection, tenant separation, and means of egress. The applicant is currently working with the Building Official to address these outstanding concerns. In addition to traditional church service times on Wednesdays and Sundays, the church will also offer computer training, tutoring, and outreach programs intended to meet the needs of lower income families and senior citizens. Zion City of Deliverance Outreach Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The improvements depicted on the submitted plan entitled "Concept Plan Zion City of Deliverance Outreach" shall be implemented prior to occupancy. Additional requirements may be required as a result of the final site plan review. Additionally, the exterior of the existing building shall be upgraded with a neutral color siding. 2. A Certificate of Occupancy shall be obtained from the Building Official prior to occupancy. 3. Lighting shall be directed down at the ground, and not out horizontally or up in the air. Any lighting located on the back of the building(s) must use appropriate shielding/screening in order to direct light downward at the ground and not toward the adjacent homes on lake James Drive. 4. Normal operating hours shall be limited to between 6:00 a.m. and 10:00 p.m. 5. Daycare operations shall be prohibited on this site. 6. The applicant shall work with the Permits and Inspections Division of the Planning Department to attenuate the sound generated by the church as much as reasonably possible. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning De':'r:tme~ City Manager: ~\C ~ 0r'1. ZION CITY OF DELIVERANCE OUTREACH Agenda Item 16 March 14, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Conditional Use Permit for a church. ADDRESS I DESCRIPTION: Property located at 5405 Indian River Road GPIN: 14652855850000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 1.15 ACRES SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to rehabilitate an existing deteriorated structure for the purpose of operating a 58 member church. In addition to services on Wednesdays and Sundays, the church will also offer computer training, tutoring, and outreach programs designed to address the struggles of lower income families and the aged. Improvements include new neutral color vinyl siding for the building exterior, new landscaping, upgrading of the parking lot, and installation of security measures, including improvement of the lighting. LAND USE AND ZONING INFORMATION EXISTING LAND USE: This site, zoned B-2 Community Business, currently has a dry cleaning retail operation at the north end of the site, adjacent to Indian River Road. The proposed improvements will be located in a deteriorating building located on the southern part of the site. Indian River Road Retail / B-2 Community Business District Single-family dwellings / R-1 0 Residential District with Open Space Promotion Restaurant; mini-storage / B-2 Community Business District Restaurant; office / B-2 Community Business [)i~!rjet, 0-2 Office District M-/:::"'(;~ p';:>-'"".,,; f-"::~.(:~/::':,~:~.;:. ,'-. ,-",- :.:-.<~ /"'.-, '''''0,\ "," ..... , .(', "'~'''''~; C'I .~. ~:-.< ':'. :\::>;"'::(:;>-;'~?:~f~"~~'~~-:-:'-' -: >;.~';;<.;: '''l1 '-"\k-",:':.:J;~;:,/" :: ":"i-,\~::,j'"lf SURROUNDING LAND North: . USE AND ZONING: . South: . East: . West: . ;;: -'>>.J .:/-~__ \"'~,,-- NATURAL RESOURCE AND CULTURAL FEATURES: There do not appear to be any significant environmental or cultural features on the site, as it is primarily impervious. 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): Indian River Road in the vicinity of this application is considered a six (6)-1ane divided major urban arterial. The Master Transportation Plan proposes a divided facility within a 155 foot right-of-way. The Capital Improvement Program includes a project for construction of an eight-lane divided highway from Centerville Turnpike to Kempsville Road within a 155 foot right-of-way and full improvements at the Indian River Road/Kempsville Road intersection. Currently, this project (Indian River Road, Phase VIII) is on the Requested But Not Funded Project Listing. Although Indian River Road, Phase VIII is listed as a Requested But Not Funded project, Public Works/Project Management has indicated that this project may quickly come to the forefront. Current transportation models have indicated an escalating need for roadway improvements throughout this corridor and intersection to combat immediate capacity issues. The Zion City of Deliverance Outreach should not be directly impacted by this CIP project; however, the retail operation on the same site to the north as well as the access from Indian River Road may be impacted. Details are unknown at this point. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Indian River 65,897 ADT I 26,300 ADT I (Level of Existing Potential Land Road Service "C") - 48,200 ADT Use 2 - 863 ADT 1 (Level of Service "E") Proposed Land Use 3_ 89 ADT . Average Dally Tnps 2 as defined by general retail 3 as defined by this church WATER: This site must connect to City water. There is a 16-inch and a four (4)-inch City water main along Indian River Road. SEWER: This site must connect to City sanitary sewer. There is an existing eight (8)-inch City gravity main along Indian River Road and a 42-inch force main as well. Analysis of Pump Station #443 and the sanitary sewer collection system is required to ensure future flows can be accommodated. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION ZION CITY OF Comprehensive Plan: The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. Evaluation: There is an existing dry cleaning business operating on the front of the site, immediately adjacent to Indian River Road. Access to the church will be via an existing drive aisle present along the western property line. The exterior of the existing building is in extreme disrepair. The applicant is proposing to rehabilitate what many consider to be an existing "eye sore." The applicant proposes to add vinyl siding, install landscaping, re-stripe the parking lot, install security measures, and improve the lighting. An existing hedge of Leyland cypress exists along much of the southern property line, adjacent to the single- family residential units. As this will be a place of "assembly," additional Building Code requirements must be met in regards to fire protection, tenant separation, and means of egress. Additional bathrooms may be necessary and compliance with all Americans with Disabilities Act requirements must be met. The applicant is currently working with the Building Official to address these outstanding concerns. Even with an approval from City Council, occupancy would not be permitted unless all federal, state and local code requirements are met. The staff is recommending approval subject to the conditions below. CONDITIONS 1. The improvements depicted on the submitted plan entitled "Concept Plan Zion City of Deliverance Outreach" shall be implemented prior to occupancy. Additional requirements may be required as a result of the final site plan review. Additionally, the exterior of the existing building shall be upgraded with a neutral color siding. 2. A Certificate of Occupancy shall be obtained from the Building Official prior to occupancy. 3. Lighting shall be directed down at the ground, and not out horizontally or up in the air. Any lighting located on the back of the building(s) must use appropriate shielding/screening in order to direct light downward at the ground and not toward the adjacent homes on Lake James Drive. 4. Normal operating hours for services shall be limited to between 6:00 a.m. and 10:00 p.m. 5. Daycare operations shall be prohibited on this site. 6. The applicant shall work with the Permits and Inspections Division of the Planning Department to attenuate the noise generated by the church as much as reasonably possible. ZION CITY OF 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. ~~!i~'f~~f:~~:{, , '",::. '/.,';, .-'t _.'.'.............. .. ',/" '~;',: ~,_w' '." ;;,":{ ,:::~:-.:,,::......';'./-,,-:',~ ~,'>., ZION CITY OF ;DEI.:.IVI;R~ICE * ~-:". . . . ....,@t ;~91:mcjaJ ..'16. ~~;:':~' "':"..,.;:<"",./:< ",:~::/'..F: AERIAL OF SITE L~Q~TIO~N>";" ZION CITY OF PROPOSED S~~~:~~~N .f""::~,:'><':':;:: p',::,:;::;'.:j;,;;z.~.,:.;~\;;:.:;.:~: .'., " ,~, ..,~.;" ,'" ",', - ,,' ;.x,: ' ZION CITY OFO~~J\;lIfR ,~g~n(jaJt PHOTO OF EXISTING BUILDING , "".,,- '-, ZION CITY OFP:!=L1VEH ;~~~ndaJt ,k ': ::''.<'~'~'': ;;;:~~' :~:' . v ~ _ " ',,' :,~_. " ", '.'i :':;c:=:>-,-,;:"~;I1C~"'-< ;/'", -." :>:;:.:: <8:^ ",:-.. ': .:.:;:; <{ , -;.~: 'f< LAKE JAMES 1 10/29/96 Conditional Use Permit (auto reoair) Withdrawn 2 5/14/91 ChanQe of ZoninQ (0-2 O~ice District to B-1 Business District) Granted 3 5/23/88 Conditional Use Permit (auto sales and rentals) Withdrawn 6/8/87 Conditional Use Permit (auto reoair) Granted 4 1 0/14/85 Change of Zoning (R-8 Residential District to B-2 Community Denied Business District) 5 7/2/84 Change of Zoning (R-5 Residential District to 0-1 Office District) Withdrawn 6 1/17/83 Change of Zoning (R-8 Residential District to B-2 Community Granted Business District) 7 1/17/83 Conditional Use Permit fuel pumps) Granted 8 10/11/82 Conditional Use Permit car wash) Granted 9 3/1 8/02 Conditional Use Permit indoor recreation and church) Denied 10 7/1/04 Conditional Use Permit self-storaoe facility) Granted ZION CITY OF tift} x; i~ -.z- ,~~~ 3:<:0- ~oE 8",.. :;; ~ ~ ~.. .......". ~.A...~. >, ~e :>[j;>. >c,z IIJ ~:S g> ~E!l.9E ;:l3:-:;r'" IIJ-.!$'1 <>,,~ ts 9~:i ~ tJ.c;-~ tOJ:S!1D 5;;;'::E -I';>.. .::>.Z> '" <[ q} ~tn z:g::s 21J~~ a .,s ~ ~<;: 'c!'-:""ia <~:.;~ O::l$l!j ~.~~~ nSi",,,,, '= O'e- 'E .o.s ~ 8i~€ ii1i! 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E C Q ~ <5 S.../.:~.~ ~::::.: _ .~O c- 0 = i Z-:5 >-, '0 ~ s: e '" e ~ - ., ~ ~ .;; '5 SO I) DISCLOSURE STAJ_NSt),~., F:::~~;:,::'1~i4E:l(.~~;;;i ?'! ;';:i:~";(- "" -E ,S ..", " s .~ i ~ .r:: ti '" 'W' <Xl e 'E '~ :> ~,. ~ --g ~ ~s~ au _ ~ z ',f~ 5:g-~ o '" = ZION CITY OF.PEI.JV~H :~g~ndalt '-"~ ;". ,~,,;~ ~':""" ~ ',OJ,,, 'YM'-'\,:,~_" 't"'_<<"-:~~'0,,:~'4: Item #16 Zion City of Deliverance Outreach Conditional Use Permit 5405 Indian River Road District 2 Kempsville March 14,2007 REGULAR Barry Knight: Mr. Strange? The next agenda item please. Joseph Strange: The next item is item 16, Zion City of Deliverance Outreach. An application of Zion City of Deliverance Outreach for a Conditional Use Permit for a church on property located at 5405 Indian Road, District 2, Kempsville. Barry Knight: Is the applicant's representative here? Joseph Strange: I have a Pastor Joyce Butler. Barry Knight: We1come ma' am. Pastor Joyce Butler: Good afternoon. Mr. Chairman? Ladies and gentlemen. I'm Pastor Butler. I'm the Pastor of Zion City of Deliverance. I want to thank you for considering this matter. I would also like to say that, first of all, I am a resident of the Kempsville area. I have been delighted to be a citizen and a member of the community. We're looking to certainly come in, and be an asset and good neighbors like the pastor prior to myself. Not looking to come in and change the existing atmosphere. I think I can comfortably say. I do believe there are some concerns. We are fully able to address those concerns and any questions that you may have in regards to this matter. Barry Knight: Okay. I'll open it up for questions. Does anyone have a question of Pastor Butler? Mr. Strange? Joseph Strange: I guess, my questions is, and, we have a letter here from a Mr. Stampe? Pastor Joyce Butler: Yes. Joseph Strange: It is my understanding that you met with him? Pastor Joyce Butler: Yes we did. Joseph Strange: Did you all reach some sort of level of understanding on focusing on what was going to happen? He seemed very excited about having your there. There didn't see to be any problem whatsoever or opposition to you being there. Because of the Item #16 Zion City of Deliverance Outreach Page 2 meeting where you had kind of had some understanding, one was that your normal hours of operation would be 9:30 am to noon on Sundays; and 7:30 pm to 9:00 on Wednesday for bible study. Was that the kind of level of understanding you had with him? Pastor Joyce Butler: That is the level of understanding. However, being a church there are often times there are other functions that occur, such as weddings, baby dedications, and things as such. Joseph Strange: In his letter, he says Lake James understands that from time to time special events will occur outside the normal hours. Basically, he has asked for a few conditions to be put on this that he didn't feel like you would object too. One was, maybe no operations before 6:00 am or after 10:00 pm. Pastor Joyce Butler: Or after 10:00 pm? I understand that but being a church, as I say, we certainly are not looking to have service until 12:00 or 1 :00 0' clock at night. However, there may be some type of carry over. But that's within terms. Joseph Strange: That there was not to be any daycare operation? Pastor Joyce Butler: Right. There is no daycare. Joseph Strange: You have no objection to that? Pastor Joyce Butler: No. Joseph Strange: When you're doing the repairs on the structure to get ready that there would be no work after 8:00 o'clock at night during the time you're doing construction. Pastor Joyce Butler: We agree with that. May I ask a question? During these procedures of reconstructing, are we speaking about perhaps painting or such that is very quiet. Joseph Strange: I don't think they were trying to be hard with anything. Pastor Joyce Butler: Okay. Joseph Strange: They were just trying to do some things to kind of protect, as any neighborhood would. I really don't want to elevate this to a problem. These people are more than happy to have you there. They did not indicate that we oppose these people coming here. They were very happy. I think it had more to do with his position there in the community, when he goes to the community. He kind of represents things to be this way. We kind of said, well okay, we will put this thing in writing as a condition. Pastor Joyce Butler: We want to be good neighbors. Not meaning to cause any upset disturbances as such. Item #16 Zion City of Deliverance Outreach Page 3 Joseph Strange: I'm sure. I feel awful for bringing this up but it was brought to me. I talked to Mr. Stampe. He certainly didn't want to elevate this to a large situation. Pastor Joyce Butler: We originally had the meeting and it was quite good for both parties. Joseph Strange: Right. He was excited. He wrote a nice letter here. He said "Pastor Butler, good luck". He had some very cordial feelings. That is it. Barry Knight: Are there any other questions for Pastor? Thank you ma' am. Pastor Joyce Butler: Thank you. Joseph Strange: Speaking in support we have Sharon Wallace. Sharon Wallace: That was only if there were any additional questions. Joseph Strange: Sure. Barry Knight: Qkay. Thank you. Joseph Strange: We also have one other speaker. Peggy Sansone. You didn't mark whether it was opposed or support. Peggy Sansone: It is really not opposition. I just have a few questions and concerns. Joseph Strange: Okay. Barry Knight: Come forward ma' am. Peggy Sansone: Are you ready for me? Barry Knight: Sure. Welcome and please identify yourself. Peggy Sansone: Thank you and good afternoon. My name is Peggy Sansone. I'm a resident that lives adjacent right behind the fence of the property. Once again, I'm not in opposition as a resident of the neighborhood. I just had a few questions and concerns. I was one of the groups that met with Pastor Butler, and it was a very cordial informative meeting. However, I'm not sure it might be listed in Mr. Stampe's list of conditions is the issue of the building? Well, in the previous picture you saw that the building is rather old. It is in serious decay and disrepair_Our concern, and the neighbors on the other side of the fence, is that of the sound-proofing. We hear noise across the fence all the time. There is Chick-Fil-a that is adjacent right to this property. We hear constantly all day long the orders that are being taken. Anybody who drives through with music, we hear Item #16 Zion City of Deliverance Outreach Page 4 everything. So, given that service is being inside the building, the building is really very deteriorated. I've been inside the building. They can concur. There really is a lot of work. My concern is that are they going to sound proof the building as they had spoke to us about in the meeting, and when isthat going to be done? Pastor Butler had said they are looking forward to maybe starting services in May. Are they going to be able to accomplish sound-proofing of this building before services are held? That was really the primary concern. I think everything else has been answered in hearing your discussion of concerns. Is sound proofing of the building mentioned in Mr. Stampe's letter? Joseph Strange: It was. Peggy Sansone: And is it prior to the beginning of services? Joseph Strange: I don't know. Barry Knight: Pastor Butler will get a chance to rebut. Joseph Strange: It is my understanding that she had an engineer at that meeting. Was that not someone from engineering? She is shaking her head yes. Peggy Sansone: Okay. I don't recall. I apologize. Joseph Strange: She had an engineer and this engineer was certain they could take care of this. Our problem was maybe coming up with some type of standard where to what sound- proofing is. I kind of thought if we maybe if she were to agree to something similar to people who live in the noise zone in Virginia Beach and what they have to do to their home for sound attenuation that it might be some standard. Bill Macali: There are different levels of sound attenuation. Joseph Strange: Oh? There is? Bill Macali: Yes. It is designed to result in more or less sound being attenuated. I'm not terribly sure that the same applies to sound going outside the building. The AICUZ ordinance, or course talks about sound coming out through the sky into the building. I'm sure the same sound attenuation applies here. Joseph Strange: That is where our problem lies. I think all of us have been in that building before because there was an application that was rejected a few years ago. So, I think at that time most of us had been in that building and were aware of the condition of the building. I guess it would be up to Pastor Butler to maybe how she would put that in. See, you kind of have to understand. It was asked in the informal session why would you be that concerned? People don't realize how close your house is? Item #16 Zion City of Deliverance Outreach Page 5 Peggy Sansone: Exactly. Joseph Strange: It is real close and you can hear just about anything. Peggy Sansone: Conversations across the fence. Just normal conversations across the fence Joseph Strange: Before, they were going to put in a skateboard ramp. I think this can be worked out. Peggy Sansone: Exactly. Like I said, I'm not here in opposition. I think this wouldbe a wonderful use of the property. They will be wonderful neighbors. It is just the noise that is the issue with us, even when we're talking about the noise inside the building because with organ music and prayer and song, it can be quite loud. That is what we're worried about. Donald Horsley: If the Commission remembers back, we did this with one of the churches that was in Great Neck. It was some kind of sound attenuation put in that building. And maybe before this application gets to Council, staff can kind of check into that and see what could be appropriate matters to use for that. Carolyn Smith: That was actually for a new addition to the building. Tl!ey were having Christian rock bands in that building. I think this is really a completely different scenario. Donald Horsley: Well, we need some level of comfort for this lady to keep some of that noise out. Bill Macali: Mr. Chairman, I think that there is something that the City's building official is pretty much an expert on, and could certainly help out. I think if staff was just to get with the building officials and find out what type of sound attenuation would do the trick. That would get the discussion started. Joseph Strange: I think one of the people would like to address that issue. Eugene Crabtree: I'll sponsor her. Barry Knight: Ma'am? You can come forward. Maybe she can answer some of our questions. Sharon Wallace: Thank you. Barry Knight: Re- identify yourself please ma' am. Sharon Wallace: My name is Sharon Wallace. I'm a citizen of the Kempsville area. I Item #16 Zion City of Deliverance Outreach Page 6 am one of the ministers at Zion City of Deliverance. I thank you for letting me come forward. Hopefully, I can give you a little bit of insight on the sound issue. When we met with Mr. Stampe, and the lovely people, we were able to work it out and we came upon an agreement. One of the things that we addressed with them, and even though it would be extra cost for us, we were going to do two things, we were going to place some insulated sound buffering insulation between the walls, between where this young lady lives in the back. Also, there is actually a 30-foot distance between the back wall and the neighbor's home. What we have also done is we've rearranged some of our internal designs as far as the retrofitting of the building where we're pulling the pulpit area out away from the back wall by about an additional 40 feet in order to accommodate, and try to address some of the sound issues. So, we've done those two things, which kind of . pulls it away. In other words, we are not right there on the back wall. Another issue is we're not going to have rock bands and, I don't really know. I guess I'm above that age now, nothing that is really, really loud. I think what will probably happen is there will probably hear Chick-fil-a more than they will hear us. So, if there are any questions. I just wanted to make sure that the Commission was aware of those things. Barry Knight: Ms. Wood has a question? Dorothy Wood: Pastor, I'm sure you plan on doing the renovations before you have services. I don't imagine you will be having people in that building. I don't think the City would allow that would they? Sharon Wallace: No. Absolutely. We have a very good plan. Our pastor was saying that what we want to do is make the building kind of fit in with the neighborhood. Make it very pretty and very lovely. Nice landscaping. We realize there is some work to be done. We've got some pretty faithful workers ready to do it. Dorothy Wood: I'm sure Ms. Sansone will be delighted to have the building upgraded. Barry Knight: Mr. Crabtree? Do you have a question? Eugene Crabtree: No. Barry Knight: Mr. Henley? Al Henley: This is just a comment for the pastor. As Mr. Macali has indicated there are different levels, which you accomplish to address the sound issue. If you would contact one of the building officials, they are in Permits and Inspections, Department of Planning. I'm sure they will be more than happy to give you some information and some literature that would help you. For example, you can go with commercial insulation of 6 inches of insulation versus the 4 inches of insulation. You can go with thermal payne, window replacements those are to some degree. If you can contact their expertise, they will be more than happy to give you some information that will helpful to you. Item #16 Zion City of Deliverance Outreach Page 7 Sharon Wallace: Yes sir. Thank you very much for the information. Barry Knight: Are there any other questions? Mr. Strange? Joseph Strange: I would like to make a motion that the application be approved with the additional conditions of no services before 6:00 am or after 10:00 pm. No one will reside on the site. No daycare operation will be conducted and sound attenuation material will be resolved. Let's leave it at that. Barry Knight: There is a motion on the floor. Do I have a second? Mr. Horsley seconds it. Is there any discussion? Joseph Strange: She has a question. Barry Knight: I'm sorry. Pastor Joyce Butler: Yes. So, that I understand are you locking in the 10:00 o'clock hour. Joseph Strange: No later than 10:00. Services. You wouldn't have services after 10:00 o'clock at night. Pastor Joyce Butler: No. On occasions. Joseph Strange: Or before 6:00 am. Oh no. There is an understanding from time to time special events will occur outside the normal hours. Pastor Joyce Butler: Right. Joseph Strange: These are pretty normal hours. 6:00 to 10:00 o'clock at night. You are not going to have too much stuff going on before 6:00 am? I understand. Pastor Joyce Butler: I didn't want a situation to come up where were vacating the building. And it may be 10:30 or 10: 15. Dorothy Wood: But not on a weekly basis? Pastor Joyce Butler: Right. Thank you. Barry Knight: There is a motion on the floor and a second to approve made by Joe Strange and seconded by Don Horsley? Is there any discussion? I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 Item #16 Zion City of Deliverance Outreach Page 8 ANDERSON BERNAS CRABTREE HENLEY HORSLEY KA TSIAS KNIGHT LIVAS REDMOND STRANGE WOOD ABSENT AYE AYE AYE AYE ABSENT AYE AYE AYE AYE AYE Ed Weeden: By a vote of 9-0, the Board has approved the application of Zion City of Deliverance Outreach with the additional conditions as presented. Pastor Joyce Butler: Let me say thank you so much. Joseph Strange: Thank you. Barry Knight: Thank you ma' am. Page 1 ofl Carolyn Smith Sent: To: From: mstampe [mstampe@cox.net] Tuesday, March 13,20074:54 PM Carolyn Smith; BIZMOM2000@AOL.COM FUSIS1@COX.NET; GARYN777@COX.NET; langman5@cox.net; Ruth H. Fraser; CSDCASH@COX.NET; BllL.MURRAY@BAUERCOMP.COM; MOVINGDEAlS@YAHOO.COM; larstampe@aol.com Subject: ZION CITY OUTREACH AND lAKE JAMES COMMUNITY/Input for March 14th Meeting Cc: On Saturday, March 3rd, several community members of lake James met with Pastor Butler of Zion City Outreach to discuss the Conditional Use Permit (CUP) Application for the church scheduled for March 14th. lake James had concerns about the project, but Pastor Butler and members of her congregation were able to answer our questions. A conclusion was reached by lake James and Zion members about the following conditions: 1. The building must meet the structural standards of the city; the fire standards of the city; and health standards (rats were seen around the structure in the past). 2. Normal hours of operationwou!d be 9:30 am to noon on Sundays, and from 7:30pm to 9:00 pm on Wednesday for Bible Study. lake James understands from time to time special events would occur outside the normal hours. 3. No one will reside on site; daycare operations will NOT be conducted. 4. Zion stated that attenuation materials will be installed to reduce sound levels; we ask that this be a condition. 5. Repairs of the structure must not be conducted after 8pm. All parties agreed that Zion must meet the CUP requirements in order to operation, and that Zion would be responsive to community inputs it/when a problem arises. As of this date, CUP support from the lake James neighbors is in the majority. For C. Smith: Pease ensure this information is provided to the Planning Commission and City Council. For Pastor Butler: Good luck! lar Stampe President lake James Homes Association 3/13/2007 Bernard H. Johnson 1308 Lake James Drive Virginia Beach, Virginia 23464 Phone 757-413-9103 March 3, 2007 Mr. Lar Stampe, President Lake James Homes Association P. O. Box 64928 Virginia Beach, VA 23462 Re: UHA Meeting of March 3, 2007 with personnel of the Proposed Zion City of Deliverance Outreach at 5495 Indian River Road GPIN: 1465285585 Lar, The above referenced meeting held on March 3 was fruitful. I want to take the opportunity to express some observations and add my personal input to you as representative of our homeowner's association. Please include the concerns below with input you may have received from other homeowners for presentation to the Planning Commission at the public hearing scheduled for Wednesday, March.14, 2007 at 12:00 noon. 1. The Fire Control System; i.e. alarms, sprinklers, extinguishers, etc. must to be updated and inspected to insure all current City codes for such systems are met. 2. Noise levels and keeping children under adult supervision is a concern. The Hours of Operation for the facility must be published and not exceed any City restrictions on operating hours for such a facility. 3. Safety and Health concerns are real. Rats have been observed in the area of the vacant building as the conditions have deteriorated. 4. All rehabilitation work by contractors addressing the above conditions must be completed, and a Certificate of Occupancy must be issued by the City before the faciliiy is occupied and operational. 5. City must inspect the premises after 1 year, 3years for continued compliance to the above concerns, and any other City imposed conditions. As a homeowner adjacent to and directly behind the property on which the proposed facility will be located and operating, I generally approve of the proposed outreach facility. The above items of safety, health issues, and noise levels, are of particular concern to me. . Thank you for including my input with those of other Lake James homeowners. /.,..-- cc: Carolyn A. K. Smith, City Planning Department Virginia Beach City Council members ,(~ [~;r;.. ",..;-:..A ~. .....*-..~\ fS! .- . m ~:..,.,.,.. :.> '..~~- "2,; .........~f~.i'.. "(:~,~...~~ ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Calvary Chapel of Virginia Beach for a Conditional Use Permit for a church on property located at 5228 Indian River Road (GPIN 1465483186). AICUZ is Less than 65 dB Ldn. DISTRICT 2 - KEMPSVILLE MEETING DATE: April 10, 2007 . Background: The applicant requests a Conditional Use Permit to allow a church to occupy an existing building. The site includes three existing buildings. Church services will be conducted within the center building located along the rear property line. The building along the eastern property line will house church offices and the children's ministry, where children between birth and 4 years old and students in middle school and high school will have classes during church services. The third building along the western property line will house a "Kid's Zone" I where children from 5 to 11 years old will have classes during church services. The church currently occupies the space and was unaware of the requirement for a Conditional Use Permit. One of the units within the westernmost building is planned for daycare, but is operated independently and is not affiliated with the church. . Considerations: The church has services on Sundays from 8:00 a.m. until 1 0:00 a.m. and 11 :00 a.m. until 1 :00 p.m. Services will also be held on Wednesdays from 6:00 p.m. until 9:00 p.m. The pastor of the church is the only employee available during weekday business hours from 9:00 a.m. to 5:00 p.m. No services will be held during weekday business hours. Approximately 150 members combined attend both Sunday services. The proposed church is a use with peak operational hours different from businesses with traditional business hours. There are a total of 28 parking spaces centered on-site in front of all three buildings. Staff concludes sufficient parking is available to accommodate the church's approximately 150 members and other tenants of the center. Not more than 140 individuals will be present in the church for anyone gathering. There was opposition to this request; however, Condition 3 was revised by the Planning Commission to the satisfaction of those opposing. Calvary Chapel of Virginia Beach Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The applicant shall obtain all necessary alteration permits and a Certificate of Occupancy for the change of use from the Department of Planning I Permits and Inspections Division and the Fire Department for a religious facility. 2. There shall be no more than 140 individuals, or the number of individuals approved by the Building and Fire Officials, whichever is less, on the site during services. 3. Parking shall be permitted on-site or within parking spaces of which other tenants have given the church written permission to park. The church shall keep on file all notices where other tenants have granted permission to utilize such parking. 4. All signs on the site shall be in conformance with the Zoning Ordinance in regards to signage regulation. The existing roof sign must be removed. 5. Internal coverage landscaping and residential screening shall be in conformance with the Site Plan Ordinance and Zoning Ordinance. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentiAgency: Planning Departme~ City Manage'Q \L ' ~ 0'0't CALVARY CHAPEL OF VIRGINIA BEACH Agenda Item 8 March 14, 2007 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for a church. ADDRESS I DESCRIPTION: 5228 Indian River Road. GPIN: 14654831860000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 29,030 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a church to occupy an existing building. The site includes three existing buildings. Church services will be conducted within the center building located along the rear property line. The building along the eastern property line will house church offices and the children's ministry, where children between birth and 4 years old and students in middle school and high school will have classes during church services. The third building along the western property line will house a "Kid's Zone", where children from 5 to 11 years old will have classes during church services. The church currently occupies the space and was unaware of the requirement for a Conditional Use Permit. One of the units within the westernmost building is planned for daycare, is operated independently and is not affiliated with the church. The church has services on Sundays from 8:00 a.m. until 10:00 a.m. and 11 :00 a.m. until 1 :00 p.m. Services will also be held on Wednesdays from 6:00 p.m. until 9:00 p.m. The Pastor of the church is the only employee available during weekday business hours from 9:00 a.m. to 5:00 p.m. No services will be held during weekday business hours. Approximately 150 members attend both Sunday services combined. No more than 140 individuals are present at the church for anyone gathering. _,:>r0ff?~' . .~~-. "'/..___ '__.,'-<_' ';;-~.:;j;4;,.;:~ ",' _ __ """;.'..-'....~f >::~': :-:~J\ CALVARY CHAPEL OF VI~61N~'AB ;;~ A~endam :-," ~,~..,," . ,....,.~: '~,- ,:.;,;-~,., LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is developed with buildings and parking. SURROUNDING LAND USE AND ZONING: North: South: East: West: . Single-family homes I R-15 Residential District . Retail Business I B-2 Community Business District . Retail I B-2 Community Business District . Childcare I B-2 Community Business Distrrct NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural resources or cultural features 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): Indian River Road in the vicinity of this application is a six-lane divided major urban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 155-foot right-of-way. The Capital Improvement Program includes a project for construction of an eight-lane divided highway from Centerville Turnpike to Kempsville Road within a 155-foot right-of-way and full improvements at the Indian River Road I Kempsville Road intersection. Currently, this project is on the Requested But Not Funded Project Listing. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Indian River 72,190 ADT 48,200 ADT 1 Existing Land Use" - 93 Road ADT Proposed Land Use 3 - 230 ADT (with 50 Sunday Peak Hour Vehicles (entering) 45 Sunday Peak Hour Vehicles (exitinQ)) Average Dally Tnps 2 as defined by assumed business park 3 as defined by church WATER: This site is currently connected to City water. The existing 5/8-inch meter (City 10 #52142562) may be used or upgraded to accommodate the proposed development. SEWER: This site is currently connected to City sanitary sewer. Analysis of Pump Station #444 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing 42-inch Hampton Roads Sanitation District force main along Indian River Road and City gravity sewer main along the adjacent western property and Acredale Road. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. Developing a mix of compatible uses either within well-designed structures or well-designed tracts of land should be considered in this area. Evaluation: The proposed church is a use with peak operational hours different from businesses with traditional business hours. There are a total of 28 parking spaces centered on-site in front of all three buildings. Staff concludes sufficient parking is available to accommodate the church's approximately 150 members who attend the both Sunday services and other tenants of the shopping center. Not more than 140 individuals shall be present in the church for anyone gathering. CONDITIONS 1 . The applicant shall obtain all necessary alteration permits and a Certificate of Occupancy for the change of use from the Department of Planning / Permits and Inspections Division and the Fire Department for a religious facility. 2. There shall be no more than 140 individuals, or the number of individuals approved by the Building and Fire Officials, whichever is less, on the site during services. 3. Parking shall be permitted on-site or within parking spaces of which other tenants have given the church written permission to park. The church shall keep on file all notices where other tenants have granted permission to utilized their parking. 4. All signs on the site shall be in conformance with the Zoning Ordinance in regards to signage regulation. The existing roof sign must be removed. 5. Internal coverage landscaping and residential screening shall be in conformance with the Site Plan Ordinance and Zoning Ordinance. 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 (CPTED) concepts and strategies as they pertain to this site. 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'l'of3, ~o.j~~;'~ t:fI 1~:S .~ f ~ 0 S-.,i" , 9'" -n. f:;;j >c~iii~~ ~ ,~~ ~ I ~~ ti:!~~:2":'1..1 ~:;; a Oe. ~~~~i! : ~~ p I is g""~c:,,,.8 ~ar,tt I .... ltc5QlO.' i-a.....". a.:l ll':~"'~~ ,~: \It l~i ~ ~ a ~ e ~l 1! ~ ~ ;; 0 !I!ti ~!1I!..a Ii: ~ 1:-.s ~ Q.....cr-:a ~ - "'1 j is .~ i Ii" ri ~ ... ~11J ! ~~ 1~,~~]fL.~ g,..J,1 9 I~.o 8=:s.,.; ~N I .. too' .. " a; s ~ .E 1ii E! " :s " .. ~ to J::; .::: '" '" 'Q " " ll:l '" .~ I :g. Q. > E 0. ~ ,.. l3 ~ j.~ ~~~l; 0: .o~ ;Q ;;z.s f '0 '?t Q E g ;: ;I} ;: o Q 41, 1$>05 ~~: .... ::: eJ 'W ~ Jt:. ~ ~ ~ ltI Q fA ~~~ o ~ ~ ~ :6 '0 ~ '" " ~ DISCLOSURE STATEMENT fh~ ~.' ~-: :~8,l~.;,...~~~~,.r.~~_,.,. '_\. ,..' ,....,~;:~~:.:~ \~<~ )~/,\ <"",,,-- ,y~" /'"~.~ ;'>_.) :"'--;;::;;~t,:~.. ,,;':::~ CALVARY CHAPEL OF VIB61NIAB '~~endaj 7 Item #8 Calvary Chapel of Virginia Beach Conditional Use Permit 5228 Indian River Road District 2 Kempsville March 14, 2007 REGULAR Joseph Strange: The next application is item 8, Calvary Chapel of Virginia Beach. An application of Calvary Chapel of Virginia Beach for a Conditional Use Permit for a church located on property at 5228 Indian River Road, District 2, Kempsville, with four conditions. Barry Knight: Welcome sir. Pastor Thomas Powell: Welcome. Good afternoon. I'm Thomas Powell, the Senior Pastor for Calvary Chapel of Virginia Beach. I want you to know that we thank you and accept the conditions that are stated. It is the desire of our church to be good neighbors and also to be a reflection, of the Grace of God in our community. I would also like to say that we have those who protest us being there, and we want to work with them because we want to be a church that works along with its community. I know churches are springing up everywhere in untraditional places like office complexes, like ours but maybe it is the significance matter. The church really needs to be in a place like that. We know that it has been history that churches have been on comers with steeples and all that is great and lovely. But now churches are allover the place. Let me share this in closing. Our significance at Calvary Chapel of Virginia Beach, it was September 12,2001. When I was employed at Hampton Roads Mail Service, which is at 5226 Indian River Road, and my boss asked me would you please open the church doors so the employees could go over and find a sense of security because after September 11,2001, no one probably slept good on that night. So, what a wonder it was to walk over to the church sanctuary and sit there, and let people in their own way find security again, a peace of mind after that time. So, just that one time, September 12,2001, we were a church of significance in a very untraditional place. Thank you very much. Barry Knight: Thank you sir. Are there any questions? Okay. Thank you sir. Joseph Strange: Speaking in opposition we have Paul Tibbitt. Barry Knight: Welcome sir. Nelson Tibbitt: Hi. My name is Nelson Tibbitt. I live in Virginia Beach and have for a long time. Iown one of the buildings in the business park. I'm also the president of the Acredale Business Park Condo Association. There are six buildings in that park. I Item #8 Calvary Chapel of Virginia Beach Page 2 happen to own one. The nice church is in another one. And there are four more buildings. The condominium is organized for office and retail use and not for assembly use. We welcome the church for its office space. But when greater numbers are introduced, such as in this case, parking areas get overloaded. In this case according to the staff analysis, up to 140 people might attend services at one particular time at this Use Permit change application. Well, 140 people for 28 spaces? We don't see how that would work. Secondly, we see that this particular building is one building in the business park along with five other buildings. The other parking areas for each building are not common areas. The drive lanes are common, but not the parking areas. So, if this nice church parks at another building or another two buildings or another three buildings, the uses by the owners of those particular buildings are seriously compromised. That is the problem that we see. Well, that is basically what I have to say. We're in opposition to it. Not for the church use as office space but for assembly use. Barry Knight: Thank you. Ms. Wood has a question. Dorothy Wood: Mr. Tibbitt? Hasn't' the church been there before. I believe they didn't know they needed a Use Permit. Nelson Tibbitt: Yes. Dorothy Wood: Has that caused you a problem? Nelson Tibbitt: Yes ma'am. As president of the Unit Owner's Association, I have gotten several phone calls. Basically, I've been on the church's side. I explained to them that it is not important enough to cause a problem over it. It is no big deal. Well, we thought that the church was only going to use it for office space. We thought they were simply going to use it for worship services. That is why I didn't call a meeting of everybody and build up opposition to it. But that did come up. Yes ma' am Dorothy Wood: I notice that we do have some people in your area that are in favor of it. We have letters in support of it. Nelson Tibbitt: Yes. There are pros and cons. Yes ma' am. Dorothy Wood: I notice that one of your letters, and I guess that person that was against it is really for it? Is that correct? Nelson Tibbitt: Yes. Dorothy W ood: You thought she was against it. Nelson Tibbitt: Yes ma'am. Item #8 Calvary Chapel of Virginia Beach Page 3 Dorothy Wood: Thank you sir. Barry Knight: Mr. Livas has a question for you. Henry Livas: In the cases where you did have problems with the parking has that been on a Wednesday? The church would be on Sunday and that shouldn't be a problem in that shopping center. Nelson Tibbitt: Well, it is not a shopping center. It is an office space along with retail commercial uses. Henry Livas: Okay. I've been there before. Nelson Tibbitt: Okay. Henry Livas: I'll take that definition. Nelson Tibbitt: Yes sir. No particular problem. However, I can go to another property owner there, and I happen to be one but you can forget me. I can't go to another owner and say you're parking lot is going to be used today. Your parking lot was used on. Sunday. I can't do that because he is the simple owner of his property. It is not a common area so that is the problem that we have. Henry Livas: So you think the two services on Sunday, which would probably be about 75 people in each service, you think that would be a problem? Nelson Tibbitt: Yes sir. We think that could definitely cause a problem for these simple property owners. Barry Knight: Are there any other questions? Mr. Bernas? Jay Bernas: Help me understand the parking situation. You say that is a condominium? So, you don't share parking per say, so each building has its own dedicated parking? Nelson Tibbitt: Yes sir. Jay Bernas: So, you're saying that there is a potential that the parking could spill over into some of the other parking spaces? Nelson Tibbitt: Yes sir. It has spilled over. But again, it is not a big problem. Everybody has calm down. We really like the church. We will do anything to get along with them but with the Use Permit being introduced or changing the use of the property, that is the problem. Item #8 Cal vary Chapel of Virginia Beach Page 4 Barry Knight: Mr. Bernas? Are you done? Okay. Mr. Crabtree? Eugene Crabtree: Your business is open on Sunday is it not? Nelson Tibbitt: Yes sir. We come and go all the time. Eugene Crabtree: Yeah, I know. Ijust wanted to clarify that knowing what your business is like and having used your business in the past. I was quite sure it was open on Sunday and you do come and go quite frequently. Nelson Tibbitt: Yes sir. Barry Knight: Are there any other questions? Mr. Henley? Al Henley: Yes sir. You noted that the parking is not for everyone to park. In each building, I am sure has its own designated parking spaces? Nelson Tibbitt: Yes sir. AI Henley: So you got three buildings? Three office spaces? Nelson Tibbitt: No sir. There are three buildings in the 5226 building. Al Henley: Okay. Nelson Tibbitt: Those two buildings have 28 total spaces. All of the other properties have their dedicated parking lots. Al Henley: Well, if you have a customer or if a customer arrives there and they go into one of those buildings, are there addressed designated on this park? Nelson Tibbitt: Yes sir. AI Henley: There are? Nelson Tibbitt: Yes sir. Al Henley: So there is an address in front each one of those parking spaces for Unit A or B? Nelson Tibbitt: Yes sir. There identified. It has been this way for eighteen years. Al Henley: Thank you. Item #8 Calvary Chapel of Virginia Beach Page 5 Nelson Tibbitt: Okay. Barry Knight: Hold on. Dorothy Wood: Mr. Tibbitt, you would not mind then if they park only in their spaces, and I'm sure that Mr. Osborne says he doesn't mind them parking in his. Your concern is parking in your spaces? Is that correct sir? Nelson Tibbitt: I'm concerned about all the other buildings. Dorothy Wood: But not Mr. Osborne obviously. Nelson Tibbitt: No. Mr. Osborne happens to be in my building. Dorothy Wood: Okay. Nelson Tibbitt: I'm concerned about all the property owners. Because I am responsible to all of them. Dorothy Wood: Okay. Thank you. Nelson Tibbitt: Okay. Barry Knight: Ms. Lasley? Can I ask you a question please? On our conditions, if we specify in here, and I think I see where this is going, that the church needs to park in their spaces only, and/or spaces that they have permission to park in? Do you believe that would be fine? Karen Lasley: I think we can handle that Barry Knight: I thought I would throw that out because I can see where this is going. Dorothy Wood: Is there a public street? Barry Knight: I don't know if there is a public street Eugene Crabtree: I don't think so. Not the way that is. Barry Knight: Okay. Pastor, you can come back up if you would like. You have three minutes address any comments or concerns. After that, we will ask you questions. Pastor Thomas Powell: Sure. Our concern is totally to be good neighbors to Mr. Tibbitt, and not to impose any conditions upon him or even our cars. We just recently within the last 48 hours asked the different owners and tenants there, everyone from Merchants Auto Item #8 Calvary Chapel of Virginia Beach Page 6 all the way to the shops that are there, the construction company and also Good Year Kramer. They all are fine with us even using their parking spaces. If you would need letters validating that, we would surely do that. We, again, want to be good neighbors. We don't want to pose a cress upon other people, in any way. Barry Knight: Thank you sir. Are there any questions of Pastor? Mr. Crabtree? Eugene Crabtree: You will be fine then if we were to put in our conditions that you use your parking space, and only in spaces where the other tenants have given you permission to park? Pastor Thomas Powell: Yes sir. Barry Knight: Okay. Thank you. Are there any other questions? Mr. Horsley? Donald Horsley: Maybe it would be good if you have those letters when you get to City Council to put on a matter of record. Pastor Thomas Powell: We will sir. Barry Knight: Are there any other questions? Thank you sir. Mr. Tibbitt? Just to let you know that this is a Conditional Use Permit. If at any time he doesn't meet the conditions of this, you're able to call Mrs. Lasley, and she will address any concerns or start proceedings to revoke their Conditional Use Permit if it ever came to that. Nelson Tibbitt: Yes sir. And we're fine with that condition. We have no problem at all. Barry Knight: Thank you sir. The Chair will entertain a motion. Eugene Crabtree: Do we need to change the conditions? Barry Knight: We need to add one. Eugene Crabtree: I move that the application be approved with the addition of a condition so stating the church members only park in parking spaces designated for the church or those that say they have permission to park in the other tenants spaces. Barry Knight: Mr. Livas? Henry Livas: I'll second it. Barry Knight: Thank you. Is there any other discussion? There is a motion on the floor to approve with the added condition. The motion made by Gene Crabtree and seconded by Henry Livas. I'll call for the question. Item #8 Calvary Chapel of Virginia Beach Page 7 ANDERSON BERNAS CRABTREE HENLEY HORSLEY KA TSIAS KNIGHT LIVAS REDMOND STRANGE WOOD AYE 9 NAY 0 ABSO ABSENT 2 ABSENT AYE AYE AYE AYE ABSENT AYE AYE AYE AYE AYE Ed Weeden: By a vote of 9-0, the Board has approved the application of Calvary Chapel of Virginia Beach with the condition adding parking before City Council. Leslie J. Bonilla from: Sent: To: Subject: Nelson P. Tibbitt, Jr. [nptibbittjr@tibbittproperties.com] Tuesday, February 27,20073:31 PM Leslie J. Bonilla 5228 Indian River Rd. 2/27/07 Ms. Bonilla: Thanks for speaking with me about the Use Permit application of Calvary Chapel at 5228 Indian River Rd., Virginia Beach. I understand that a Hearing will be on March 14 at 12 noon in City Council Chambers. I own an adjacent building located at 5224 Indian River Rd. in the same Business Park. I am opposed to the use of 5228 Indian River Rd. as a church for worship services because that property is in a business park that certainly was not designed for use as a church. Their proposal to seat up to 150 people unquestionably overloads their parking capacities there. Their planned use for Sundays and Wednesdays does not change my opposition at all. It's very simple to me as an owner: their use as a church will definitely detract from the entire business park's goals and professional standing in the commercial community. How on earth could you possibly become convinced as a member of the city's Planning staff that they will be able to park up to 75-125 autombiles without overloading their parking spaces and therefore hurting their neighboring buildings? Many of us do have operations during Sundays and Wednesdays at different times. None of the other buildings in the business park agreed to a church being in the park and we all bought or moved in with the understanding that the uses of the properties were for commercial purposes. The building at 5228 Indian River Rd. was built as office space and should be kept that way in my opinion. Therefore I have no objection at all to their use of 5228 Indian River Rd. as office space for their church. In my opinion the city's Olanning Dept. would seriously diminish the values of the other properties in the Business .rk should this Use Permit be granted. Please record this opposition to their Use Permit application. I will appear at the Hearing on March 14 and will register to speak against it. If there are any questions please feel free to call me at (757) 495-7100 or (757) 291-3760. Thank you. N.Tibbitt, Jr. 1 5224 Indian River Road, Suite 105 Virginia Beach, VA 23464 757.467.5050 Office 757.467.5052 Fax 1~iffJ!atur8l1 ESl"A TES REALTY March 8, 2007 To: 5222 Merchant's Tire - Mr. Chris Bolack, Manager 5224 Acredale Shoppes - Ms. Debbie Tibbitt, Mr. N. Paul Tibbitt 5226 J.F. Schoch Building Corp. - Mr. Jack Schoch 5230 Kinder Care - Ms. Kisha Roberts 5232 Kramer Tire - Mr. Raymond Fowler, Manager 5228 Calvary Chapel - Pastor Thomas Powell Vifginia Beach Planning Commission - Ms. Leslie Bonilla Prom: Bill Osborne, Signature Estates Realty Re: Letter from N. Paul Tibbitt regarding Calvary Chapel (copy attached) I am writing to correct a letter sent out yesterday by Mr. Tibbitt stating that I am opposing Calvary Chapel's application before the Virginia Beach Planning Commission. The letter sent by Mr. Tibbitt erroneously stated that I would appear in opposition of this application. I do not oppose this application and, in fact, have no problem with Calvary holding these church services. I am not sure why Mr. Tibbitt made this statement. I am one of the few businesses that might be negatively affected by the parking situation dUring these times, as most of you are not open during these periods. I am in full support of Calvary Chapel and welcome their services and wish them great success. I fully support freedom of speech and peaceful assembly and further believe that we, as business owners, stand to benefit from the increased exposure of our businesses to these congregants. I am confident that we can work around any minor parking inconveniences. Thank you for your time and consideration and please feel free to contact me at 467-5050 if you have any questions or concerns. RECEIVEr Bill Osborne Principal Broker/Owner liA M.) If;\ ~l ~"Hi;fO ~d:l'..~ \ \\: ~",t';'~:u, JLANNING DEPARTMEt "Live Distinctively" BY DELNERY March 7, 2007 To: 5222 Merchant's Tire - Mr. Chris Bolack, Manager 5224 Acredale Shoppes - Ms. Debbie Tibbitt 5226 J.F. Schoch Building Corp.-Mr. Jack Schoch 5230 Kinder Care -Ms. Kisha Roberts 5232 Kramer Tire - Mr. Raymond Fowler, Manager From: Acredale Business Park - Mr. Paul Tibbitt Re: Calvary Chapel Please he aware, in case you're not already, that the Calvary Chapel has a Hearing before the Va. Beach Planning Commission on Wednesday, March, 14,2007 at 12 Noom in the City Council Chambers. We received notice from the Planning Commission that the Chapel is seeking a Use Permit to expand their use of the building at 5228 in Acredale Business Park from office space to complete church services. I called the lady at the Planning Commission, Ms. Leslie Bonilla at 385-4901 and learned that the Chapel is applying for up to 150 people to attend their services at 5228. She also said that the services may be divided into 2 different times (but my experience is that what starts out small has the probability to grow by leaps and bounds). The problem is that even 75 or so people at the 5228 building will greatly overload the parking area there and their cars would most likely end up being parked onto the lots of the other buildings at the Park. Furthennore, what might start out at 75 people would probably expand to 100-150 people. We have no problem with Calvary Chapel maintaining office space there. I'm sure that it's a great Chapel and we certainly support their use of the space for office purposes. This is a Business Park not a church services park. It is not designed for large numbers of personnel in an assembly congregation. We believe that we need to keep the Business Park professional in nature for which it was designed. Since I am the President of the Acredale Business Park Unit Owners Association, I will oppose it from that viewpoint also, as well from that as a property owner. I have decided to appear at the Hearing on March 14 at 12 Noon in order to speak against the Use Permit being granted. The 5228 building and land was purchased by new owners in late 2006 and they do not have the longer standing history at the Park that the rest of us have experienced. In other words, they don't have the potential loss as we do if our parking areas become overloaded due to assembly activities. Mr. Bill Osborne of Signature Estates Realty, which is located in the Acredale Shoppes building, will also appear in opposition. We invite you or any representative that can come from your organization to attend the'Hearing on March 14. We're very. concerned that the Acredale Business Park can become flooded with church cars at different times if the Use Permit is granted. The values of our properties could easily become diminished. Our goal is to protect our Business Park. If you have any questions, please do not hesitate to call or visit me(291-3760, Acredale Shoppes building). Please let us know ifit will be possible for someone to attend on March 14 at the Noon hearing. N. Paul Tibbitt . 7lJ ILt crb- CUP for Vocational School ~"'~.~" ;;?1~'ii~~ ~: . .;. \~) ~U.' .:>, .~..".".. . .., ..... ..'. '" 0-, :<. ......""" j:" E.. ~!.~-~~ ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Wards Comer Beauty Academy, Inc. for a Conditional Use Permit for a beauty school on property located at 544 Newtown Road #160-100 (Part of GPIN 1468303340). AICUZ is less than 65 dB Ldn. DISTRICT 2 - KEMPSVILLE MEETING DATE: April 1 0, 2007 . Background: The applicant requests a Conditional Use Permit to allow use of the subject units within this center for a beauty academy. A retail operation is also proposed, but is not subject of this Use Permit since the retail use is allowed by-right under the existing B-2 zoning. . Considerations: This request for a Conditional Use Permit for a beauty academy is acceptable. The academy will train students to become licensed cosmetologists. This shopping center has been struggling for some time; so, this operation enhances the opportunity for revitalization in the center by bringing a regionally, well-known beauty academy to the site. The Planning Commission placed this item on the consent agenda because the proposed use will help to revitalize the shopping center 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 condition: All applicable building permits and occupancy permits shall be obtained as required by the Building Official's Office. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Wards Comer Beauty Academy, Inc. Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlArCY: Planning Departmen City Manager~ ~ ~ WARDS CORNER BEAUTY ACADEMY, INC. Agenda Item 14 March 14, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Conditional Use Permit for a vocational school, specifically a beauty academy within an existing shopping center. CUP for Vocational School ADDRESS I DESCRIPTION: Property located at 544 Newtown Road, unit #160-100. GPIN: 14683033400000 COUNCIL ELECTION DISTRICT: 2- KEMPSVILLE SITE SIZE: .79 acre SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow use of the subject units within this center for a beauty academy, which trains students to become licensed cosmetologists. A retail operation is also proposed, but is not subject of this Use Permit since the retail use is allowed by-right under the existing B-2 zoning. LAND USE AND ZONING INFORMATION . Baker Road, / B-2 Community Business District, 1-1 Light Industrial District . Mixed retail and vacant / 1-2 Industrial District . Townhouses / A-18 Apartment District . Newtown Road . Mixed retail / B-2 Community Business District EXISTING LAND USE: Vacant shopping center unit SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND The site is located within the Chesapeake Bay watershed. CULTURAL FEATURES: of the site is impervious, however, as it is developed with a shopping center. There are no significant environmental or cultural features on the property. 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): Newtown Road in the vicinity of this application is considered a four (4) lane undivided minor suburban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 150 foot right- of-way. No Capital Improvement Program projects are impacting this area surrounding the site. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Newtown Road 40,109 ADT 28,200 ADT (Level of Existing Potential Land Service "C") - 32,800 ADT Use 2-1,719 ADT 1 (Level of Service "E") Proposed Land Use 3 - 240 ADT 1 Average Dally Tnps 2 as defined by general retail 3 as defined by beauty school plus some retail WATER & SEWER: This site is already connected to City water and sewer. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The proposal is in conformance with the Comprehensive Plan's recommendations for this area and is compatible with the adjacent residential neighborhood as well as the business areas. Evaluation: '. This request for a Conditional Use Permit for a beauty academy is acceptable. The academy will train students to become licensed cosmetologists. The applicant has already begun operation of a retail beauty business on the site, which is allowed by-right under the existing B-2 zoning. This shopping center has been struggling for some time; so, this operation enhances the opportunity for revitalization in the center by bringing a regionally, well-known beauty academy to the site. ;:~F':~.~~':':3:~~)\:>..~~ ,..',..' .' ~",~,...,^... . ", "'^. '. .,;:......."."..0,. . . <0:' .,.;. ~:,): ;,:;,>",,--,.. "-... ' ",,' ::;,.. '':; WARDS COaNER6e :~g~ndaJt'" co.::;, " ""'< CONDITIONS 1. All applicable building permits and occupancy permits shall be obtained as required by the Building Official's Office. 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 LQ..O ',,,;:,-;"-^.' ,:('::'( ,~--""-, WARDS CORNERBE' TV" . Agenda It. 14 .... H .~:.~ <'- ,'" '-, ,.,:'.:,' ....., ,.~ .;......... -/: ..:v.. :.._";:), ":"':'.:, ~.._.:-<i~:"> "<-',,;' ,. ,/"1 ')";\ ,. -,- CUP for Vocational School 1 01/11/05 Conditional Use Permit (mini-warehouse storage) Granted 7/11/06 Conditional Use Permit church) Granted 2 06/09/04 Conditional Use Permit child care center) Granted 3 05/13/03 Conditional Use Permit church) Granted 4 04/22/03 Conditional Use Permit carwash) Granted 5 01/27/98 Conditional Use Permit church) Granted 6 02/29/96 Conditional Use Permit communications tower) Granted 7 04/14/92 Conditional Use Permit indoor recreation) Granted 8 02/11/92 Variance Granted 9 01/28/92 Conditional Use Permit bingo hall) Granted 10 01/08/90 Conditional Use Permit auto sales) Granted 11 07/11/88 Conditional Use Permit auto repair) Granted ZONING HISTORVi3(:'~"\< ~r,:?-,~:~;:2~?:'::".~~~' -,::~~-y~,~:, "":'_:'~.:'_ ~:->~:,~''''l '.:::,:: ,'h".." //' ""~0t/;; ~,. ",A k::",'-:>~_ ,'~ ""'.> _":::-;,:' ' ,,-." 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",,::> 1Il"" J !! ls ,~,~ 3 i u~ 10 J t '" ~ 8. ! 8 . ii ::l e j : Q ! ~l ~ -~ 1i 81 ~ se" 'Il~ ~~ ~; !Z:E ~~ ~I..E~ ~ alii ~~il~ i~ ~ ~ ' 8~~ ~ ",Ie:! !!~i~ c: g; 11> ~':-1lI . l~~i .! i::3 ~ :; go..,: .......... ..... .. .- ... a:: e ~ "" ~ ! .. ',;;:l i .!.i$1 ~ j E ~~.! .~s ~ Ej 1= S &.::; i 1Il1ll! ~ 5 "'- << e.. ., (",1 :t.U:~ i g 4:>:1... '0 "'""I ~" Sea. -t', g i e! . g ~'~! g~-:!?l1! il -~~ ~~fll: 5 ~. j: ~ ~ ~3a1;~:;.1 ii~ ~i~!l~!1 ii ~tti~;~! ;l ~lI=~g~! ~I ~i o.t;~!~ g Ii ~. ! 1~~ ~.. !~ !~i!i~lll ; i! 0 f ~ ~ ~c 'is ... g.!. - ~ ! 1lI,B -QR.- 01 _iO ~.!s:::lS ~i., :Se <':)=s...: -~J N I I I ! I ~ ! 1~ lu i ,;:; !. I " 11i ~ I;;! ; !~ I E:-j ,_ 8_ l .. = I~! ......~ coli ,l:C :t. PI ~~ .!e. ~ II II ~... if 1~ Il II :3", l!:: e ';; t' 1>0 ... gl }~ i I :;;l.Si 1< l""'t~:c.o I~ ~i Mii lri l~ ~ C'" s:: ~ I .. ~h: ; ~ 1; '0 ; i .! c t; I ! 'CI i ~ I '2' ~ 5 i '0 Q i!:' Q <3 . ~i ~~! ~ '0 t II is ;j ~ .)-0 '0 ~.!!' e-g- ~l!i :: ~ fIf ~ J:>.= ~ c_~~ I~~ liiO 1"1 I :> i i I ~~J i~i 21l ';r~;:l3I:'~;;~i;~ ( '.' <~.~.;) A.~':; '" ~_-~_~_,:'::".~~0_:;t~K~\;<>{'; ". - , - - :-:::.,<<:,:::,s ':>:f:t'\:/ WARDS cqBNERaEJ\~TY .. f~9(:3ndalt. "/14. . . 07 " ',Y'-",:^,:,:;-.'-...:-~:" DISCLOSURE STATEMENT LIST OF OFFICERS FOR BOYD:CORPORATION: David S. Rudiger- President/Assistant Secretary Frank B. Minschke II - Vice President/Treasurer/Secretary Clyde B. Will iams - Vice President Everett V. Hoffman - Vice President Robert DeMille - Vice President DISCLOSURE STAJegENJt':~."\ ..,::::;<~2'/;'.::~:l;&0';,':,,;""'" li. ;,"1 -:::> P; WARDS CORNEHBE '.. . .-. " , '~g~nda It .A'..... .~':." Item #14 Wards Comer Beauty Academy, Inc. Conditional Use Permit 544 Newtown Road, Unit #160-100 District 2 Kempsville March 14, 2007 CONSENT Barry Knight: The next item for consent status is item 14, Wards Comer Beauty Academy, Inc. An application of Wards Comer Beauty Academy, Inc. for a beauty school on property located at 544 Newtown Road #160-100, District 2, which is the Kempsville District, with one condition. Do we have a representative here today? Okay. Is there anyone who objects to Wards Comer Beauty Academy being placed on the consent agenda? If not, Mr. Henry Livas, would you please speak to this one? Henry Livas: Yes. As you previously stated, the proposed beauty academy will be located at 544 Newtown Road, Unit #160-100. The students will be trained to become licensed cosmetologists. The applicant has already begun operation of a retail beauty business on the site, which is allowed by right under the existing B-2 zoning. The shopping center has been struggling for sometime so this operation enhances the opportunity for revitalization in the center by bringing in a regionally, well-known beauty academy to the site. Therefor~, we recommend approval of the requested Use Permit. Barry Knight: Thank you Mr. Livas. Mr. Secretary. Joseph Strange: Yes. I would like to make a motion that we approve item 14 with one condition. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? There is a second by Mr. Horsley. I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON ABSENT BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS ABSENT KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 9-0, the Board has approved item 14 for consent. >lllA'llEAA-<. ,t:""~~ .-?f'~~-' --<t> ~f .. ...- ~<;;, u' . .:s:, \'.. \...,-- . : -) \I._~._ '"'V,; e4-:......~~~/j ~"..~-";? ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Bayside Church of Christ for a Conditional Use Permit for a church on property located at 5025 Shell Road (GPIN 1479035524). AICUZ is Less than 65 dB Ldn. DISTRICT 4 - BA YSIDE MEETING DATE: April 10, 2007 . Background: The applicant requests a Conditional Use Permit to allow a building addition to the existing church. The addition will house a multi-purpose room, kitchen, storage closet and restrooms. The applicant was granted a Conditional Use Permit for the church on April 9, 1996. . Considerations: The submitted site plan depicts the existing church, parking, stormwater management facility, picnic shelter, and the proposed addition. The existing picnic shelter and stormwater management facility will be relocated to a new location on the site to accommodate the proposed addition. The proposed addition does not generate any need for additional parking. The submitted elevations depict a proposed building that matches the existing church with regard to architectural design and building materials. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhoods. The church has existed in the neighborhood since 1996, and staff is not aware of any neighborhood issues with regard to noise and traffic. The site is well-maintained and architecturally compatible with the buildings in the surrounding area. The proposed addition for a multi-purpose room, kitchen, storage closet, and bathrooms is an expected accessory use for the church. It does not increase seating in the sanctuary, which in turn does not increase required parking. The Planning Commission placed this item on the consent agenda because the proposed addition will have little to no impact on the surrounding neighborhoods, the proposal is consistent with the recommendations of 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: Bayside Church of Christ Page 2 of 2 1. All of the conditions attached to the Conditional Use Permit approved by the City Council on April 9, 1996 shall remain in effect. 2. The site shall be developed substantially in accordance with the submitted preliminary site plan entitled "BA YSIDE CHURCH OF CHRIST, 5025 SHELL ROAD", dated 1/2/07, and prepared by Engineering Services, Inc. The plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The building shall be constructed substantially in accordance with the submitted preliminary drawings for "BA YSIDE CHURCH OF CHRIST, VIRGINIA BEACH, VIRGINIA", dated 11/20/02, and prepared by Barnes Design Group, P.C. The plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. The applicant shall submit a photometric (lighting) plan for review and approval. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DeparbnentlAgency: Planning Departme~ City Manager: ~ \C, 'tsd Ol'l"z..~"' - - SA YSIDE CHURCH OF CHRIST Agenda Item 1 0 March 14, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for a church addition ADDRESS I DESCRIPTION: 5025 Shell Road GPIN: 14790355240000 COUNCIL ELECTION DISTRICT: 4 - SA YSIDE SITE SIZE: 4.5312 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a building addition to the existing church. The addition will house a multi-purpose room, kitchen, storage closet and restrooms. The submitted site plan depicts the existing church, parking, stormwater management facility, picnic shelter, and the proposed addition. The existing picnic shelter and stormwater management facility will be relocated to a new location on the site to accommodate the proposed addition. The proposed addition does not generate any need for additional parking. The submitted elevations depict a proposed building that matches the existing church with regard to architectural design and building materials. The applicant was granted a Conditional Use Permit for the church on April 9, 1996. The following conditions are attached to the use permit: 1. Prior to final site plan approval, in order to maintain effective buffering for adjacent residential areas, the applicant shall submit a tree preservation plan and landscape plan for the approval of the Planning Director, The plan shall establish specific limits of clearing, providing for the minimum disturbance necessary for the construction of the approved building footprint, driveway, parking and free standing sign. 2. The parking area along the northern property line, adjacent to the single-family dwelling fronting on Shell Road, shall be shifted to the south, to provide a minimum 25-foot buffer between the paved area and the adjacent residential use. Existing trees shall be retained in this area and shall be supplemented by additional plantings to create Category IV landscape screening, or by installation of a six-foot solid fence along the property line. 3. The seven parking spaces shown on the site plan along the western edge of the entry drive shall be relocated either to the eastern side of the entry drive, or to the rear of the main parking area. 4. Access shall be provided from Shell Road, at the location shown on the site plan submitted with the conditional use permit application, in order to preserve the large, mature trees near the easternmost portion of the front lot line. 5. The freestanding sign shall be monument style. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A church, parking area, picnic shelter and stormwater management facility occupy the site. SURROUNDING LAND USE AND ZONING: North: . . South: . East: . West: . Shell Road Across Shell Road are multi-family dwellings / A-12 Apartment Single-family dwellings / R-40 Residential Single-family dwelling / R-40 Residential Single-family dwelling / R-40 Residential NATURAL RESOURCE AND CULTURAL FEATURES: The site is well-maintained with grassed areas, mature shrubs and trees. It is located within the Resource Management Area of the Chesapeake Bay Preservation Area. There are no significant natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Shell Road in front of the request is a two-lane undivided local street. There are no Capital Improvement Program projects scheduled for Shell Road. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Shell Road N/A N/A Existing Land Use 1_ 480 ADT Proposed Land Use 2_ 480 ADT , as defined by Sunday church traffiC 2 as defined by Sunday church traffic b'-':~'('~-~~"-:::~;;:~:~~"'~\.-< "",;/:",:;<;,\,;, 7." ,'.. '~"',;---/.; r^, _ ~'i~ ':'- " ',_, ' , , -;...~~_.,- {',i-, ~"""'~f j :" /<~ '.^ /"::~"<7>;':~;::;~~, /",' , ~ ,., . : ~. ~t~"~'ji .,':, j->- ,~;~ "'..,.,.i .':> ~ SA YSIDE CHUR~5IOF;CH ;Mgndalt . 'C>,,,, WATER: This site is connected to City water. There is a 12-inch City water main fronting the site along Shell Road. The existing 1.5-meter (City I.D. # 52007996) may be used or upgraded to accommodate the proposed development. SEWER: This site is connected to City sanitary sewer. Analysis of Pump Station #318 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8-inch City gravity sewer main along Shell Road. SCHOOLS: School population is not affected by the request. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhoods. Evaluation: The purpose of a Conditional Use Permit is to recognize that certain uses by their nature can have an undue impact upon or be incompatible with other uses of land within a given zoning district or area. These uses may be allowed to be located within the district under the controls, limitations and regulations of a Conditional Use Permit. This church has existed in the neighborhood since 1996. Staff is not aware of any neighborhood issues with regard to noise and traffic. The site is well-maintained and compatible with the surrounding uses. The proposed addition for a multi-purpose room, kitchen, storage closet, and bathrooms is an expected accessory use for the church. It does not increase seating in the sanctuary, which in turn does not increase required parking. Staff, therefore, recommends approval of the Conditional Use Permit request for a church addition. CONDITIONS 1. All of the conditions attached to the Conditional Use Permit approved by the City Council on April 9, 1996 shall remain in effect. 2. The site shall be developed substantially in accordance with the submitted preliminary site plan entitled "BAYSIDE CHURCH OF CHRIST, 5025 SHELLL ROAD", dated 1/2/07, and prepared by Engineering Services, Inc. The plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The building shall be constructed substantially in accordance with the submitted preliminary drawings for "BAYSIDE CHURCH OF CHRIST, VIRGINIA BEACH, VIRGINIA", dated 11/20/02, and prepared by Barnes Design Group, P.C. The plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. BAYSIDE 4. The applicant shall submit a photometric plan for exterior lighting for review and approval. 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. "r}/.,'>'~.;"-",:, ,:" AERIAL OF SITE LocAtr ,J"< r".,. .....' ' >> "~",/ ":,.,NP SA VSIDE CHURCHOFiC . ~gendaJt PROPOSED SrrEP[A~t:~:;:, o"'v' ,:";"'$ ~r".",_.' ""~' (\ ^_V_,'>~, BAYSIDE CHUR~HCGFiCH~IST '"' f" ^w".. ...'J(... ;\~Emda IterrL10 "',6 ,,* ~ ~ ~ ~ ~ ~ ".~ _ 0 . "'..s:: III ~ ~:2u'i:~ )-..~....c ~ ~ >=>u < 1ja..s::_~ ~ ~U 0 ~ , t ~ ~ , j ~ , i ; \ ~ ~ ~ ~ . ~! o ' ^" ~ ~ ~~..; ~.~. * ~ iJ ~~~~';'~ J~ . i ~~s~s .~-c ~~ ..~ 3 ~~~~! d ~~ ~ ... z o ;: :> ~ ;}: au_ . zl~ ~ Ii gl ~ ~ ;~ :i; '" .... "" ~ ... -< II ;;i ~I ffil ~I ~l 5 .. " z S;~ ~i PROPOSED BUILDING ELEVATION !/,..,/";-~-">' ,,-kv . , ..':;3.i;';~i(:'~;, f" / "'~>"~'~;;,:;:;'~~;;L/;,,{~'-~~ "').../:~' "'<--,i<~~::\~ BAYSIDE CHURCHGFiCHE1IST j~endalt tQ / "'" .-'---' 1t, CUP - for Church Addition [IJ 4/9/96 I Conditional Use Permit (Church) ZONING BAYSIDE I Approved I ii. ~ffi~~tli~j 1t1.~;;1 I ~.U id:ihi-~ I ih I in !iWiiifi Ii l.!j!l I!!~ ~.-Plll.i.. :!~ lit 1'2 Ifl! lliiilfi\i lliilt. 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III~~ ~ '2 j ~~I i'B i'B !. 9i!= Iii I ~~ ~ UH!! ~m i ~ll~li i \li ~ ~~l~~ ~l I a:- ...~f!~ "'^t lSi ,"" .....~~i.!< ~-\ ,U ~""8B:! l""'it o.~f!!~-<> . ~ '5-1lV a..fH'S -S1 ~' :5... ,,-,,;:, ,"'l ..., .l( ~.. ",!! q 5:.: <'lU'''!! 'OJ "'~ !~i~i 1=' 19- ::: 'C: ';i a. - ~ ::Ifs m~..Ui Olig .!!l-a.8-~ ~-'" h.sS$ ." " :11 <3;; 5 .;'~'-<,~_ 0 - ~ ~ 0: i '" ~ ! ~ I. ~.~ ..~ "'i il!' Ilt \ l~ Ii I ~~ l~ !!~ ll! ! 1:. It j ~~ p~ 1 ~ at ~ ~ ! 0.5 I! "'l'jia i.. ~ !" f 1 l .~ s. ., .5 '0 Ii l!! co ~ ~ ~ s:; ~ 1 ~ C) .. ;$ i } } ~ ~ '" 1 ~ lS ~ ~ 05'~ '0" 0 tZ~ % I'" i · ~ 15 ~ .. ~ ~ .~ "''g- ist ~ ~~ t 8~; Iii I!j 5 I DISCLOSURE STAJElOIE.fi'l"\0' fJ:~S:S;'?'.~'::~~ij;{:,;EJ!~~k'j 4" -C) ;~,::,::~_c_::::'--""-.,_.'__^. '_~ /,"-- V:r BAYSIDE CHUR.H!i:'G.' FiC"::;;'\ , '? ,-. ,""'" ".':;" ~.ggnciaJt " """ ,.... -;-" ;".'" " ,", --',-': --" "'. " ~'<, .<-. Item #10 Bayside Church of Christ Conditional Use Permit 5035 Shell Road District 4 Bayside March 14, 2007 CONSENT Barry Knight: Slated for the consent agenda, agenda item 10, Bayside Church of Christ. An application of Bayside Church of Christ for a Conditional Use Permit for a church on property located at 5025 Shell Road, District 4, Bayside District, with 4 conditions. We1come ma' am. Sharon Hoel: Good afternoon. My name is Sharon Hoel, I'm the agent for the church. My business address is 3351 Stone shore Road. We appreciate, like the others being put on the consent agenda. I did want to let you know that members of the church are here, the pastor as well, and we agree to all the conditions. Thank you. Barry Knight: Is there anyone here today object to agenda item 10, Bayside Church of Christ being placed on the consent agenda? Thank you. Mr. Dave Redmond, will you please explain this? David Redmond: Mr. Chairman, the applicant, Bayside Church of Christ is requesting a Conditional Use Permit to allow a building addition to its existing church on an approximately 4.5 acre site off of Shell Road in the Bayside District of Virginia Beach. The existing picnic shelter and stormwater management facility will be relocated to a new location on the site to accommodate the proposed addition. The proposed addition does not generate any need for additional parking, and the submitted elevations depict the proposed building matches the existing church with regard to architectural design and building materials. In this morning's meeting, the Commission agreed that the Bayside Church of Christ is a superb and well maintained facility. The proposed addition will have little to no impact on the surrounding neighborhood. The Commission is unaware of any opposition to the application. The Planning staff fully supports this application. Accordingly, the Planning Commission believes this agenda item is most appropriate for the consent agenda. Thank you Mr. Chairman. Barry Knight: Thank you Mr. Redmond. . Mr. Secretary. Joseph Strange: Yes. I would like to make a motion that we approve item 10 with four conditions. /- Barry Knight: Thank you. There is a motion on the floor. Do I have a second? There is a second by Mr. Horsley. I'll call for the question. Item # 10 Bayside Church of Christ Page 2 ANDERSON BERNAS CRABTREE HENLEY HORSLEY KATSIAS KNIGHT LIV AS REDMOND STRANGE WOOD AYE 9 NAY 0 ABSO ABSENT2 ABSENT AYE AYE AYE AYE ABSENT AYE AYE AYE AYE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 10 for consent. ~ /';. '.' (~><) .~ 1-1 ~ :$o!';1"';-' -\.~ (!:;~~{.. .. ..\~ ..~ ..-> ~..~- ...." ..lo...~...lr.. o.,:~~~.._,;:r ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of the City of Virginia Beach for a Conditional Use Permit for the filling of a borrow pit on property located on the east side of Oceana Boulevard, approximately 2890 feet north of Credle Road (GPINs 2417203479; - 3629; -1699; -3952; 2417226139; 2417129346). AICUZ is Greater than 75 dB Ldn. DISTRICT 6 - BEACH MEETING DATE: April 1 0, 2007 . Background: The applicant requests a Conditional Use Permit to allow for the filling of the former borrow pit known as Whitehurst Lake. The lake is situated at the southern end of a 103.8-parcel owned by the City of Virginia Beach. . Considerations: The borrow pit will be filled with dredged material from various dredging projects throughout the City and with inert roadway construction debris. The pit will be filled from its southern end to the northern end. The northern end of the borrow pit could be used as a wetland mitigation area and a possible stormwater treatment facility for impacts to the fringe wetlands, if required by regulatory agencies. Oceana Boulevard will be used to access the site. The roadway possesses adequate capacity to handle the truck trips and can support the weight of the trucks. An existing median break is located at the proposed primary point of access, which is at the southern end of the site. The ability of Oceana Boulevard to accommodate a filling operation of this type has been previously demonstrated by the truck traffic generated during the filling of the Oceana Borrow Pit, which is also located on this property. A Conditional Use Permit for the filling of that pit was issued in 1994. The proposal is in conformance with the Comprehensive Plan's recommendations for this area, which advocate light industrial and utilitarian activities within this portion of Strategic Growth Area 8. The Planning Commission placed this item on the consent agenda because it will fill an immediate need for placement of dredge material from the Lynnhaven River basin, the proposal is consistent with the recommendations of the Comprehensive Plan, and there was no opposition. City of Virginia Beach Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. Access to the site and filling of the pit shall be consistent with the submitted plan entitled, "Preliminary Site Plan of Proposed Filling of Borrow Pit," dated May 15, 2006. 2. Only non-hazardous materials shall be deposited on this site. 3. If at any time, the disposal site presents a potential hazard to aircraft operations from NAS Oceana, the applicant shall take action to correct the situation creating the hazard or terminate operation of the facility. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DeparbnentlAgency: Planning Departme City Manager: ~ k .~owt CITY OF VIRGINIA BEACH Agenda Item 22 March 14, 2007 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for filling of a borrow pit ~. :: ~ ~ s ,,1ft, .r"'~ ADDRESS I DESCRIPTION: Property located on the east side of Ocean a Boulevard, approximately 2,890 feet north of Credle Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 2417203479; -3629; - 6 - BEACH 103.83 acres 1699; -3952; 2417226139; 2417129346 APPLICATION HISTORY: This item was deferred at the June 9 and July 12, 2006 hearings to provide the applicant time to resolve issues pertaining to property ownership. SUMMARY OF REQUEST ,/ The applicant requests a Conditional Use Permit to allow for the filling of the former borrow pit known as Whitehurst Lake. The borrow pit will be filled with dredged material from various dredging projects throughout the City and inert roadway construction debris. During the filling of the pit from the south, the borrow pit will continue to drain to the north towards Great Neck Creek. The northern end of the borrow pit could be used as a wetland mitigation area and a possible stormwater treatment facility for impacts to the fringe wetlands if required by regulatory agencies. Hours of operation will be in accordance with Section 227 of the City Zoning Ordinance. Oceana Boulevard will be used to access the site. The roadway possesses adequate capacity to handle the truck trips and can support the weight of the trucks. An existing median break is located at proposed primary point of access, which is at the southern end of the site. The ability of Ocean a Boulevard to accommodate a filling operation of this type has been previously demonstrated by the truck traffic generated during the filling of the Ocean a Borrow Pit, which is also located on this site. A Conditional Use Permit for the filling of that pit was issued in 1994. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site. A wood preparation facility is located on a parq:ertij~'Is'\"" ...::~~,,^q\',:\~..:::/::~:'\ ,_'<.""'^,....> ...' ." ;,., ~:,:::>;"'~<>; ~~~/.. ':, v' - - :'~;;~::; ,/.,. r"~. _.:,. /' .,;;; "">~;' '~'< , v">'\~ ~<: \:~ ,_:~"- CITY OF VI.~INIAB :Ag~ndaJt J;...-, i )" surrounded by the subject site. SURROUNDING LAND USE AND ZONING: North: South: . Various industrial uses / 1-2 Industrial District . Eating and drinking establishment / B-2 Community Business District . Undeveloped land / 1-1 Industrial District . Undeveloped land /1-1 Industrial District . Oceana Boulevard . Oceana Naval Air Station East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is a mixture of low trees and shrubs. Vegetation normally associated with a water environment surrounds the former borrow pit, which is currently filled with water. There are no known cultural or historical features on the site. AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn and Accident Potential Zone II surrounding NAS Oceana. The filling of the pit is a compatible use in these areas. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Oceana Boulevard is a four-lane divided arterial highway. The MTP designates the roadway as a 100 foot wide divided highway with a bikeway. There are no projects in the current CIP to improve the roadway. The proposed right-of-way for the Southeastern Parkway and Greenbelt runs along the western side of the subject site. The proposed fill of the borrow pit will have no affect on this right-of-way. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Oceana 37,124 ADT 27,400 ADTT(Level of Existing Land Use" - 0 Boulevard Service "C") - 48,200 ADT ADT 1 (Level of Service "E") Proposed Land Use - unable to determine Average Dally Tnps 2 as defined by undeveloped site The Comprehensive Plan recognizes this area as being within the Strategic Growth Area (SGA) 8 - East Oceana Area. This area of SGA 8 is recommended for low intensity industrial and utilitarian activities. The Plan notes that "more intrusive uses should be oriented to the western, more industrial part of this Strategic Growth Area," (p. 79, Policy Document). COMPREHENSIVE PLAN CITY OF EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area, which advocate light industrial and utilitarian activities within this portion of Strategic Growth Area 8. The filling operation will occur on an 'as needed' basis, and will con-sist of materials obtained from private and public dredging operations. The ability of Oceana Boulevard to accommodate a filling operation of this type has been previously demonstrated by the truck traffic generated during the filling of the Ocean a Borrow Pit, which is also located on this site. A Conditional Use Permit for the filling of that pit was issued in 1994. CONDITIONS 1. Access to the site and filling of the pit shall be consistent with the submitted plan entitled, "Preliminary Site Plan of Proposed Filling of Borrow Pit," dated May 15, 2006. 2. Only non-hazardous materials shall be deposited on this site. 3. If at any time, the disposal site presents a potential hazard to aircraft operations from NAS Oceana, the applicant shall take action to correct the situation creating the hazard or terminate operation of the facility. NOTE: Further conditions may be required during the administration of applicable City Ordinances, Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CITY OF VIf,t6JN-IABEACH; {Agenda It A 2 . >}?*;;-. -... ~ '.,' .":,>>Y.":':':':~-;- ',.."....."....-,~,. j.. .j w ,.,~ "'''::'^_~ AERIAL OF SITE LOCATION "'~'__v>'\.,,;,:::::h~ .;:\, j""_'",,~.Cj."}:':':';:'; " '. " '",~'.^ ..,::::~",:.;y;;; :<- - , CITY OF VIR6:INIAB ~9~ndalt '~....<<"' '.':':,' : ~':l""'\"",_.'V' PROPOSED SITE PLAN CITY OF ZONING HISTORY 1-2 ~ .~o 1 4/25/1988 USE PERMIT car wash) DENIED 2 3/26/1991 USE PERMIT landfill) APPROVED 2/22/1994 USE PERMIT fill of a borrow pit) APPROVED 3 9/28/1993 REZONING (1-1 to 1-2) APPROVED 10/9/2001 USE PERMIT firewood preparation) APPROVED 4 7/12/1994 USE PERMIT landfill and bulk storaQe) APPROVED 5 12/12/2000 REZONING (1-1 to 1-2) APPROVED USE PERMIT (storage and processing of salvaae) APPROVED 6 5/25/1993 USE PERMIT (coif course) APPROVED 7 11/26/1991 USE PERMIT storace yard) APPROVED 8 2/25/2003 USE PERMIT bulk storace and auto repair) APPROVED 4/22/2003 USE PERMIT bulk storace and auto repair) APPROVED 9 8/14/1989 USE PERMIT auto repair) APPROVED 9/28/1993 USE PERMIT bulk storaQe and auto repair) APPROVED j!,~f\~;Z~;'~)_ :'.,.':: \,: CITY OF Vlft~INI~.''8 ~gt?nda It 3;::-: ~, <.c. . '. 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I! hJl '''' j., I ! ~J ,,~~ ~1;" rU !3",<< DISCLOSURE STATEMENT , , ~>,~ - .>:';-">c'<":,.:~"':'-::~,: """"'~, " CITY OF VIRGINIA'S :~g~rldalt Item #22 City of Virginia Beach Conditional Use Permit East side of Ocean a Boulevard District 6 Beach March 14,2007 CONSENT Barry Knight: The next agenda item to be placed on consent is agenda item 22, City of Virginia Beach. An application of the City of Virginia Beach for a Conditional Use Permit for the filling of a borrow pit on property located on the east side of Oceana Boulevard, approximately 2890 feet north of Credle Road, District 6, Beach District. Welcome sir. Phil Roehrs: Good afternoon Mr. Chairman and members of the Commission. I'm Phil Roehrs representing the Department of Public Works. We appreciate the help of our Planning Department getting here today, and your reconsideration. We have read the conditions and we would agree to them. However, I've asked for consideration of a minor change. The word "non-toxic" shows up in the condition. I think we worked through this issue once before but it just slipped back in. I ask you to reconsider that. We're planning on placing dredge material in this lake. Hopefully, It will address a huge need the city has for our Lynnhaven Basin for maintenance navigation. But dredge material or dirt and salt water unfortunately toxic to humans, I'm afraid that condition is a little sticky. Barry Knight: Because of the salt content? Phil Roehers: Yes. Barry Knight: Mr. Macali? Bill Macali: I think non-hazardous material would work. Phil Roehrs: Non-hazardous was in there and that was fine but the non-toxic. Bill Macali: As long as the non-hazardous material is in there we can certainly that because what is certainly friendly to the environment but are toxic to the people who swallow it. Barry Knight: Thank you. There are three conditions. ,~ Phil Roehers: Yes. We agree to the others. Item #22 City of Virginia Beach Page 2 Barry Knight: Thank you. Is there anyone present today object to agenda item 22, City of Virginia Beach being placed on the consent agenda? Thank you. Is anyone on the Commission aware of any other items to be placed on the consent agenda? Okay. Mr. Secretary. Joseph Strange: Yes. I would like to make a motion that we approve item 22 with three conditions. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? There is a second by Mr. Horsley. I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON ABSENT BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 9-0, the Board has approved item 22 for consent. Barry Knight: Thank you. L. APPOINTMENT HEALTH SERVICES ADVISORY BOARD HEALTHSERVICESADV50RYBOARD Robertson, June H. (1) Appointed: 04/01/2004 - 03/31/2007 01/01/2001 - 03/31/2004 01/01/1998 - 03/31/2001 Unexpired term thru 03/31/2007 3 year term THIS INFORMATION IS DEEMED CONFIDENTIAL BY THE CITY ATTORNEY AND THUS .NOT APPROPRIATE FOR PUBLIC DISSEMINATION Adler, Larry J. Allison, Judith Stevens Blair, Patricia Ellen Braithwait, Sheila Potts Bridges, Melvin E. Bums, Angela Denise Butler, William K., II Denson, James Kevin Devine, Jr., Patrick C. DeVito, Kurt Kristopher Feuerhalm, Gene Earl Francisco, Peregrin C. Gallup, Bruce Walter Grochmal, David M. Hochheiser, Louis 1. Hunt, Geraldine K. Langlands, Peter B. Manby, Emily J. McCallum, Charley "Cory" F., II Mertz, Gregory J. Miller, Mitchell B. Morales, Angel Luis Oliver, Robert 1. Price, Lisa Price, Dr. T ALENT BANK APPLICABLE (As of April 4, 2007) District Presentlv Serving On Kempsville Community Medical Advisory Commission . Lynnhaven Lynnhaven Lynnhaven Lynnhaven Lynnhaven Appointment Expires 08/31/2010 Proctor, Mamie Bryant Rigo,Susan Rucker, Thomas Alvin Russell, William E. Scott, Angela E. Stevens, Lisa Price Ward, Darrell Andrew Whitehurst, Susie Darden Wiggins, Mae F. Wool, Dennis 1., Ph.D Wymore, Jerry Princess Anne Beach Princess Anne Lynnhaven M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT TOWN HALL MEETINGS June 19 September 18 November 20 Location To Be Announced -7:15 pm Location To Be Announced -7:15 pm Location To Be Announced - 7:15 pm CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 17 (Workshop) April 19 (public Hearing) April 24 (Workshop) April 24 (Public Hearing) May 1 (Workshop) May 8 (Reconciliation Workshop) May 15 (Adoption) Council Conference Room Bayside High School at 6:00 p.m. Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room Council Conference Room Council Chamber at 6:00 p.m. ********* 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 04/10/2007gw www.vbgov.com CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: April 3, 2007 M B L D C E L E D H C R A W PAGE: I S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE 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'S BRIEFING: HISTORIC SITES ORGANIZING Robert G. Jones, COMMITTEE Board Member II-A CITY MANAGER'S BRIEFINGS: HARMONY INVESTMENTS (Proposed Hotel) Page S. Johnson, II, President- Harmony Hospitality, Inc. B STRIVING FOR EXCELLENCE James K. Spore, City Manager C COMMERCIAL TAX ASSESSMENT Robert J. EV ALUA TION AND REFINEMENT Gloudemans, Partner - Almy, Gloudemans, Jacobs & Dene III/IV CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y A Y y y y NNI NIl- E F MINUTES -March 27,2007 APPROVED 10-0 Y Y Y y Y Y A Y Y Y Y G/H- ResolutionEST ABLISHING Blul>-Ribbon ADOpTED 10-0 Y Y Y y y Y A Y y y Y I TAX, FEF:lSPENDING TASK FORCE to study reducing City's dependence on thereal estate tax as a revenue source (requested by Mayor ObemdorflVic&Mayor Jones/Council members DeSteph/Diezel/Dyer/Henley/Uhrinl VillanuevalWilsonIW ood) 2 ResolutionENDORSING concept of converting ADOPTED AS 10-0 y Y Y y y Y A Y Y Y Y City AuditoraHEl sdte City AMENDED CeHReill.ppeiRteesto a City Council aDDointee/ESTABLISHING committee to develop anInternal Audit Charter(requested by Council Members Dyer and Wilson) J APPOINTMENT RESCHEDULED B y C 0 N S E N S U S KIL/ ADJOURNED 6:15PM M PUBLIC COMMENTS Non-Agenda Items 6:16- 6:20 PM Two speakers CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 1 DATE: April 3, 2007 M B L D C E. L E D H C R A W PAGE: 2 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT' MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 10 (Workshop) April 17 (Workshop) April 19 (public Hearing) April 24 (Workshop) April 24 (public Hearing) May 1 (Workshop) May 8 (Reconciliation Workshop) May 15 (Adoption) Council Conference Room Council Conference Room Bayside High School at 6:00 p.m. Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room Council Conference Room Council Chamber at 6:00 p.m. CITYWIDE TOWN MEETING SCHEDULE -- Topics and locations to be determined Tuesday, June 19 Tuesday, September 18 Tuesday, November 20