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OCTOBER 23, 2007 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF. AI-lArge VICE MAYOR LOUIS R. JONES, Bayside - District .; WILliAM R. DeSTEPH. AI-lArge HARRY E. DIEZEL, Kempsville - Dislrict 2 ROBERT M. DYER" Cen/erville - Dislrict I BARBARA M. HENLEY, Princess Anne - Districl 7 REBA S. McCLANAN, Rose Hall- Dislrict 3 JOHN E. UHRIN, Beach - Districl 6 RON A. VILLANUEVA, AI-lArge ROSEMARY WILSON, AI-lArge JAMES L. WOOD, Lynnhaven -Dislricl 5 CITY COUNCIL AGENDA CITY MANAGER - JA.IvIES K. SPORE CITY AITORNEY - LESliE L. liLLEY CITY CLERK - RUTH HODGES FRASER. MMC 23 OCTOBER 2007 I. CITY MANAGER'S BRIEFINGS - Conference Room- A. STRATEGIC GROWTH AREAS Steve Herbert, Chief Development Officer B. UPCOMING LAND USE ITEMS Jack Whitney, Director of Planning II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 234568005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycnc/@vbgov.com 2 :30 PM 4:30 PM V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend James M. Pugh, Jr. Pastor, Rugged Cross Cowboy Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 9,2007 G. AGENDA FOR FORMAL SESSION H. PUBLIC BID OPENING 1. L YNNHA VEN MUNICIPAL MARINA - Lease for Operation I. CONSENT AGENDA J. ORDINANCESIRESOLUTIONS 1. Ordinance to AMEND and REORDAIN S16-54 of the City Code re membership of the Workforce Housing Advisory Board 2. Ordinance to A UTH 0 RlZE a temporary encroachment into a portion of City property, for THOMAS Q. BAKKE, to allow installation and maintenance of a picket fence at 4609 Holly Road DISTRICT 6 - BEACH 3. Ordinance to ESTABLISH a Relocation Specialist II position in the Department of Economic Development to encourage transition of non-conforming uses to compatible uses to facilitate the Oceana and Interfacility Traffic Area Conformity and Acquisition (BRAC) 4. Resolution REQUESTING the City's local General Assembly Delegation to work with Norfolk's Delegation to support legislation re prohibition of smoking in restaurants 5. Resolution to AUTHORIZE an application by the School Board to the Literary Fund of Virginia re a construction loan of $7,500,000 for the new Virginia Beach Middle School 6. Resolution to AUTHORIZE and DIRECT the City Manager to execute a Special Order by Consent with the Department of Environmental Quality (DEQ) re civil charges of $5,500 for improper hazardous waste disposal issues at the Landstown Yard 7. Resolution to ENDORSE Dune Encroachment recommendations formulated by the Beaches and Waterways Advisory Commission and DIRECT the City Manager to effectuate the appropriate action K. PLANNING 1. Applications re Modification of Conditions a. INTERNATIONAL CHRISTIAN CHURCH to construct a gymnasium at 2969 Holland Road (approved on May 12, 1992, April 11, 1995 and June 10, 1997) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL b. JOHN D. and RAND I VOGEL re a seasonal display relocation at 2388-2400 London Bridge Road (approved October 11, 2006) DISTRICT 7 - PRINCESS ANNE STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL TO EXPIRE 7/30/08 2. Applications re Conditional Use Permits a. J. D. V ALLEY, L.L.C. re motor vehicle sales and rental at 6119 Indian River Road DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL b. DOROTHY JACOBSON re an alternative residential development at Pefley Lane and Munden Point Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDA nON APPROVAL c. THE HERTZ CORPORATION re bulk storage of construction equipment at 716 S. Military Highway DISTRICT 2 - KEMPSVILLE RECOMMENDA nON APPROVAL d. VERNELL DREUITT re a church at 3692 South Plaza Trail, Suites 1 and 4 DISTRICT - 3 ROSE HALL RECOMMENDA nON APPROVAL e. VIRGINIA BEACH RESORT, LLC re a hotel/motel with additional lodging and dwelling units and outdoor recreation for personal watercraft service at 2816 Shore Drive. DISTRICT 5 - L YNNHA VEN RECOMMENDA TION APPROVAL 3. Applications re Chan!!e ofZonin!! District Classification a. NICK WILLIAM WRIGHT, JR. from AG-2 Agricultural to Conditional R-7.5 Residential at Nimmo Parkway and Townfleld Lane DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL b. AGC ACQUISITION, L.L.C. from AG-2 Agricultural District to Conditional B-4 Mixed Use District re a retail building and 99 multi-family dwellings at 1291 Nimmo Parkway (deferred indefinitely on August 14,2007) DISTRICT 7 - PRINCESS ANNE RECOMMENDA nON APPROVAL c. CORAL DEVELOPMENT LLC DISTRICT 7 - PRINCESS ANNE 1) Variance to ~5B of the Site Plan Ordinance, Floodplain Regulations, to allow fill within the floodplain re a roadway and ditch piping 2) from AG-2 Agricultural to Conditional R-15 Residential with a PD-H2 Planned Unit Overlay at 1628, Sandbridge Road and 2741, 2753 and 2797 Atwood Road RECOMMENDATION DEFER TO 11/13/07 4. Application of JOSEPH W. FREEMAN JR. for discontinuance, closure and abandonment of a portion of Grimstead Lane at Bay Bay Landing Road to incorporate this area into the surrounding property and restrict access DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL L. APPOINTMENTS HISTORIC SITES ORGANIZING COMMITTEE OPEN SP ACE ADVISORY COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY COUNCIL'S JANUARY 2008 SCHEDULE January 8,2008 Briefing, Informal, Formal, Planning, Open Dialogue January 15, 2008 Location to be Announced -7:15 pm Stormwater Plans and Funding January 22, 2006 Briefing, Informal, Formal, Planning, ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 10/23/0751 www.vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room- 2 :30 PM A. STRATEGIC GROWTH AREAS Steve Herbert, Chief Development Officer B. UPCOMING LAND USE ITEMS Jack Whitney, Director of Planning II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Obemdorf 4:30 PM B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend James M. Pugh, Jr. Pastor, Rugged Cross Cowboy Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 9, 2007 G. AGENDA FOR FORMAL SESSION H. PUBLIC BID OPENING 1. L YNNHA VEN MUNICIPAL MARINA- Lease for Operation Public Notice Notice is hereby given in pursuance of a resolution approved by the City Council on July 10. 2007. that bids shall be received for Virginia Beach City property located at 3211 Lynnhaven DrivB. Virginia Beach. for the purpose of maintaining and operating the Lynnhaven Marina Including slips, pier. berths, accessory building, parking and appurtenances. Bids shall be received' b) the Purchasing Division, Princess Anne Executive Park, Kempsville Building, 2388 Court Plaza Orive, Virginia Beach, Virginia 23456 on or before 3:00 p.m., on October 17, 2007. Bids will be . forwarded to the ~ayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the CounclJ Chamber. City Hall Building. Municipal Center, Virginia Beach. Virginia, on OctDber 23, 2007 at 6:00 p.m. and after the ~ivlnlof bids, the Council will either proceed with the consideration of the ordinance awarding 0' the aforesaid lease DC' will defer the matter to a subsequent meeting following review of the bids based on responsiveness in the bic requirements and other criteria determined. All bids must be in wrlt'ng. The rllht to reject any and all bids is hereby expressly reserved. A descriptive notice of the ordinance awarding the lease Is In the following words: AN ORDINANCE TO AWARD A lEASE OF THE L YNNHAVEN MUNICIPAL MARINA LOCATED AT 3211 LYNNHAVEN DRIVE IN THE CITY Of VIRGINIA BEACH FOR THE PURPOSE OF tMPROV\NG, MAINTAINING AND OPERAT1NG THE MARINA FACILITIES. A copy of the proposed ordinance, Including the Invitation to Bid package is on file and avallabfe for inspection during normal business hours In the office of ,ttle City Clerk. Interested bidders may pick up ar - Invitation to Bid package (Bid 'tern #C.TY-8-0oo8) at the City of Virginia Beach Purchasing Division, Princess Anne Executive Park, Kempsville BUilding. .2388 Court Plaza Drive, Virginia Beach, Virginia 23456, Monday through Friday from 8:30 a.m. to 5:00 p.m.; in addition 1he Invitation to Bid is available online at wwwtVBlIov.com under Business. Ruth Hodges Fraser, MMC City Ciert\ Be~on September 16 & 23, 2007 17596295 I. CONSENT AGENDA J. ORDINANCESIRESOLUTIONS 1. Ordinance to AMEND and REORDAIN S16-54 of the City Code re membership of the Workforce Housing Advisory Board 2. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property, for THOMAS Q. BAKKE, to allow installation and maintenance of a picket fence at 4609 Holly Road DISTRICT 6 - BEACH 3. Ordinance to ESTABLISH a Relocation Specialist II position in the Department of Economic Development to encourage transition of non-conforming uses to compatible uses to facilitate the Oceana and Interfacility Traffic Area Conformity and Acquisition (BRAC) 4. Resolution REQUESTING the City's local General Assembly Delegation to work with Norfolk's Delegation to support legislation re prohibition of smoking in restaurants 5. Resolution to AUTHORIZE an application by the School Board to the Literary Fund of Virginia re a construction loan of $7,500,000 for the new Virginia Beach Middle School 6. Resolution to AUTHORIZE and DIRECT the City Manager to execute a Special Order by Consent with the Department of Environmental Quality (DEQ) re civil charges of $5,500 for improper hazardous waste disposal issues at the Landstown Yard 7. Resolution to ENDORSE Dune Encroachment recommendations formulated by the Beaches and Waterways Advisory Commission and DIRECT the City Manager to effectuate the appropriate action ~~~":\ ,~~~~~;;, "~"~7'~" :t~ \~,~:.~:.lij ~~,~",,"'.j"J ;:..::~~:..:;..l" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Amend and Reordain Section 16-54 of the City Code, Pertaining to the Membership of the Workforce Housing Advisory Board MEETING DATE: October 23, 2007 . Background: Currently, City Code Section 16-54 prescribes a ten-member Workforce Housing Advisory Board. Recently, however, the City Council has expressed the desire to be able to appoint a greater number of members. . Considerations: The ordinance allows, but does not require, the City Council to appoint more than ten members to the Board. The minimum number of members remains at ten. . Public Information: The ordinance will be advertised as a regular agenda item; no special form of advertising is necessary. . Alternatives: The City Council may choose to keep the number of members specified in Section 16-54 at ten (10). By adopting this ordinance, however, the City Council may (but is not required to) increase the numbers of members of the Board. . Attachments: Ordinance Requested by City Council 1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2 16-54 OF THE CITY CODE, PERTAINING TO THE 3 MEMBERSHIP OF THE WORKFORCE HOUSING 4 ADVISORY BOARD 5 6 Section Amended: City Code Section 16-54 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 16-54 of the City Code is hereby amended and reordained to 12 read as follows 13 14 Sec. 16-54. Workforce housing advisory board established; membership; 15 duties. 16 17 (a) Established. The Workforce Housing Advisory Board is hereby 18 established. 19 20 (b) Term. There shall be at least ten (10) members of the Board. who 21 shall be appointed by the City Council for terms of four (4) years; provided, 22 however, that the initial terms of two (2) members shall be one (1) year, the initial 23 terms of three (3) members shall be two (2) years, and the initial terms of three 24 (3) members shall be three (3) years. 25 26 (c) Membership. Two (2) members, both of whom shall have 27 extensive experience in practice in the City of Virginia Beach, shall be either land 28 planners or civil engineers or architects licensed by the Virginia Board for 29 Architects, Professional Engineers, Land Surveyors, Certified Interior Designers 30 and Landscape Architects; one (1) member shall be a real estate salesperson or 31 broker licensed by the Virginia Real Estate Board; one (1) member shall be a 32 representative of a lending institution that finances residential development in the 33 City of Virginia Beach; one (1) member shall be a member of the City Council; 34 one (1) member shall be a builder with extensive experience in the construction 35 of single-family detached and attached dwelling units; one (1) member shall be 36 builder with extensive experience in the construction of multiple-family dwelling 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 units; one (1) member shall be a current employee of the Department of Public Works or Department of Planning; one (1) member shall be a representative of a nonprofit housing organization which provides services in the City of Virginia Beach; and 9Ae fB the remainina member~ shall be a citizen~ of the City. (d) Duties. It shall be the duty of the Board to: (1) Make recommendations to the City Council concerning the sales and rental prices of workforce housing units. Such prices shall be based on the Area Median Income, as defined in Section 16-44, and shall be adjusted semi- annually; (2) Advise the City Council on all aspects of the City's Workforce Housing Program, including recommendations for modifications of the requirements of the Program; and (3) Report annually to the City Council on the production of workforce housing units, participation in the Workforce Housing Program, and achievement of Program goals. COMMENT Currently, Section 16-54 limits the number of members of the Workforce Housing Advisory Board to ten (10). The amendments allow, but do not require, the City Council to appoint a greater number of members. The additional members are required only to be citizens ofthe City. CA-10524 October 16,2007 R-1 Approved as to Content Approved as to Legal Sufficiency: [Vdt{jlll ;1/ IJ~M! City Attorney's Office "t:J a:: ~ (5 :; en a. III :::;'E III "t:J c: CI) Ol S en .J!! u: () a:: S en "0 CI) .~ g, X o o ..... ...... o iO ~ CO ;:] III l!? ;:] 1Il en CI) o .~ CI) en "t:: o a. a. ;:] en ci> c: W -, Ol c: W ~ a.: >- .Q ~ .... III a. CI) .... Q. D z+~ ~ , \ <:;~-:~ o ~ .{y~~ ftl"'~. ....~t ~u: . h~ ,.;....,... :., '~\~::~/J ...~.... .......y "'011.".,.0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize a Temporary Encroachment into a portion of City right of way known as Holly Road tor property owner Thomas Q. Bakke MEETING DATE: October 23, 2007 . Background: Thomas Q. Bakke has requested permission to encroach into a portion of the City's right ot way known as Holly Road, located at the front of 4609 Holly Road, Virginia Beach, Virginia. The purpose of this encroachment is to allow a 17.5' section of a picket fence to be installed and maintained in the Holly Road right-ot- way. The fence will be 36" in height with posts no higher than 48" and will replace an existing.hedge row in the location currently. . Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. . Public Information: Advertisement of City Council Agenda . Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the Agreement. . Attachments: Ordinance, Agreement, Location Map and Plat. Recommended Action: Approval of the ordinance. City Manager: tlAgency: Public Works/Real Estate ~ ptrD ~1f- 1 Requested by Department of Public Works 2 3 4 AN ORDINANCE TO AUTHORIZE A 5 TEMPORARY ENCROACHMENT INTO A 6 PORTION OF CITY RIGHT OF WAY KNOWN 7 AS HOLLY ROAD FOR PROPERTY OWNER 8 THOMAS a. BAKKE 9 10 11 WHEREAS, THOMAS a. BAKKE desires to construct and maintain a 17.5 12 section of a 36' high picket fence, with posts no higher than 48', within the City's right of 13 way known as Holly Road adjacent to his property located at 4609 Holly Road, in the 14 City of Virginia Beach, Virginia. 15 WHEREAS, City Council is authorized pursuant to i 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's right of way subject to such terms and conditions as Council may prescribe. 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That pursuant to the authority and to the extent thereof contained in i 15.2-2009 21 and 15.2-2107, Code of Virginia, 1950, as amended, THOMAS a. BAKKE, his heirs, 22 assigns and successors in title are authorized to construct and maintain a temporary 23 encroachment for a 17.5 section of a 36' high picket fence, with posts no higher than 48', 24 in a portion of the City's right of way as shown on the map marked Exhibit "/1..' and entitled: 25 "EXHIBIT FOR PROPOSED VARIANCES FOR LOT 106 AND%OF LOT 105 A MAP OF 26 THE HOLLIES ON THE ATLANTIC OCEAN VIRGINIA BEACH, VIRGINIA MAY 2,2007 27 SCALE: l' = 25 EXCLUSIVELY FOR THOMAS a. BAKKE' a copy of which is on file in 28 the Department of Public Works and to which reference is made for a more particular 29 description; and 30 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the 32 City of Virginia Beach and THOMAS a. BAKKE (the ''Agreement', which is attached 33 hereto and incorporated by reference; and 34 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 35 is hereby authorized to execute the Agreement; and 36 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 37 time as THOMAS a. BAKKE and the City Manager or his authorized designee execute 38 the Agreement. 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 40 of ,2007. CA-10328 X:IOID\REAL ESTATEIEncroachmentslPW OrdinanceslCA10328 Bakke.doc V :Iapplicationslcityl awprod\cycom32lWpdocs ID019IPO02100040493.DOC R-1 PREPARED: 08/28/07 APPROVED AS TO LEGAL SUfFICIENCY AND FORM 1\ '\ ""' , .: .~ ,1 --y ". 0 . . /, I' " '.. , \, \JJ' I' ~ I 1\ li , f "'----c:Y---J ' " CITY'A TIORNEY APPROVED AS TO CONTENTS PREPARED BY VIRGINIA BEACH CITY A TIORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this (IF\ day of AU(jU~;;:\ , 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THOMAS Q. BAKKE, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT ONE HUNDRED SIX (106) AND THE WESTERN ONE-HALF OF LOT ONE HUNDRED FIVE (105)" as shown on that certain plat entitled: "A MAP OF THE HOLLIES ON THE ATLANTIC OCEAN ADJOINING VIRGINIA BEACH PROPERTY OWNED BY COLLIN'S HEIRS" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 6, at page 107, and being further designated, known, and described as 4609 Holly Road, Virginia Beach, Virginia 23451-2549' (GPIN 2418-87-2513); WHEREAS, it is proposed by the Grantee to construct and maintain a 17.5' section of a 36" high picket fence, with posts no higher than 48", 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 right of way known as Holly Road, the "Encroachment Area"; and GP/N - (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED) 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 accordan ce 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: "EXHIBIT FOR PROPOSED VARIANCES FOR LOT 106 AND % OF LOT 105 A MAP OF THE HOLLIES ON THE ATLANTIC OCEAN VIRGINIA BEACH, VIRGINIA MAY 2, 2007 SCALE: l' = 25' EXCLUSIVELY FOR THOMAS Q. BAKKE," a copy of which is attached hereto as Exhibit "An 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 2 be removed from the Encroachment Area by th e Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, includ ing 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 construct the Temporary Encroachment of "maintenance free" (vinyl) materials that will be no greater than 50% opaque and shall install Category I landscaping behind the Temporary Encroachment. 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 submit and have approved a traffic control plan before commencing work in the Encroachment Area. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Departme nt prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, the Grantee must post a bond or other security, in the amount of two times his engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the 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. 4 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 Ian d 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 of local or state taxes. IN WITNESS WHEREOF, THOMAS Q. BAKKE, the said Grantee, has caused this Agreement to be executed by his 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. (Remainder of this page intentionally left blank) 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2007, by DESIGNEE OF THE CITY MANAGER. , CITY MANAGER/AUTHORIZED Notary Public Notary Registration Number: My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2007, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public Notary Registration Number: My Commission Expires: 6 (SEAL) STATE OF VIRGINIA CITY/~~ OF VIRGINIA BEACH , to-wit: The foregoing instrument was acknowledged before me this 9th day of AUQust ,2007, by THOMAS a. BAKKE. My Commission Expires: August 31, 2010 Notary Registration No.: 192628 APPROVED AS TO CONTENTS ?Ja(lhf~' C. q-tv0Stl-\. SIGNATURE fLu f&) tSf4tf DEPARTMENT X:\ProjectS\EncroachmentS\ApPlicantS\Bakke, Thomas Q. (fence) - Holly Rd -cbc\Encroachment Agreement.doc 7 ~ ..... q:)::' a~ >-ll.. <:0 Of-- a~ 0'0 >-t:. ~ ReFeReNCe MeRID/,IW ~~ , Q It) Af. B. 6 Pc. '07 REMAINDER OF LOT 105 nk . ~C6~'-v~ r..\:J ...... "' t G -.) ~OC' ~,. ~ .6' ~~ MASONRY WALL 01 \Ci c:) ~~ 125" LOT 106 AND IN 1.7' PART OF LOT 105 9.375 SQ. FT. 0.2152 ACRES 30.7' >- LU -J -J -q: ~ 21,9' ~ TWO STORY BRICK & FRAME #4609 .- ... ~ ~.'.'. - 1.0 ,- ". .:. " ". '," .... .~ -. :. .:.. '-: -m -0 '" ~6.6' 50.4' PROPOSED FENCE r-.... .90. t'\1 ,."~.i:.:;,:.ti.n~ '.n}JiU.:f}}a.;.;. . >>"-?-((,~ c,o~Q.:~ i cF ').:- <1 ~~c," . . "" '0 aOf>.~JP~o J "< l0~S~ d,O\..~~i P o~ (f.\Gy.."I EXHIBIT FOR PROPOSED VARIANCCS FOR LEGEND LOT 106 AND 1/2 OF LOT 105 A MAP OF THE --.----..- EDGE Of PAVEMENT HOLLIES PROPERTY LINE ( It ) ON THE A TLANTIC OCEAN 6- UNDERGROUND UTILITY PEDESTAL VIRGINIA BEACH, VIRGINIA fENCE LINE MAY 2, 2007 SCALE: 1"=25' CRAPHIC SCALE IN FeET IPF IRON PIN roUND EXCLUSIVEL Y FOR , I c=::::J CONCRETE THOMAS O. BAKKE 0' 25' 50' -0 UTILITY POLE SCALE : ," = 25' U R V E Y 0 R S L T D 5637 PROVIDENCE ROAD VIRGINIA BEACH. VA 23464 TEL.: (757) 963-5261 FAX: (757) 963-5262 EXHIBIT "A" PROJECT NO. 15612 DRAWING NO. 19772 ~:"'.H :~) . ti)~ t'..., ~'" t ',:'( :; '.':' . ..... ~iJ;:-~_;,...: . ';. /[(g~;~;?, 'c' , s:. . .,... . - e.""'~" .' .' .~:..'. .:~: '. :8-: ....:..~:~. .. .....' . ..:,..::~~!'ir.~~;~~~:~. ~::.,.'" ;...- .\..:....;F.:~~T.:.. ".~":" X~;.'" . . "... .. ~ .., "~":.' .:. . . .....".;.,.......";..,'" ..:,..,::;'........;.. .....;";,,...~. :.:'.. . - .,,:: .. .... .^:.:~:.;;:.~i.:\~f/:~{:i~~~l~~~~li;I.;:. ..,..1. '.' " . "... ... ;o._.~.. '-'. ......_:-~....r.'.J:.~_.. . II · ...: - -:!:f~/;:1i;?'{i,~1 i:8 ~ ;"U'r.K'o .';' .,..JI-o.. .. ~ ~ " :'. .~. .. >'.~" ," '. '.'1'1:. .~;.'::.:...:..1t..'...:.; e-.. ~' '. 'f~';<-O'" ..'~ l'f> ... ~'c;;:...,:? .. ~ E'~ '. ;. ";~!: ::~ .i: J ~ .:". . .,.. . 3 ~ t. .' . IJ~~-rn' ~ ~ R . .~" . t ~ -a : . . e3 ~. .. .' ;,1: ; I 1 '&ll= . ~ Cl 'f. . . ~~ ..\ r '.', . ~ f c~ u "245: u. .. ~ .... : ". .~. g ~ l.a~ Q .. ~jj5 1~ tR .. ~ .: ..w. a i ii! ~ c: ~ .. ~ ~ Q C .t n'~ ~c .h~., ..-:" l!~ t,,,,~~,,~, : ~ . I :'....~, . U.i .g ".( I '., :: l? , I ,.... c s:.. -{H~"1o LJ..J_J.~.::-J '" .c::: .~ .:~ E-~ IIJI l.o c -11 ,.,--.... 1 ~ . ..'/ ( e ~ . . .u :2 ~\f :ai ce- o -0 t..J .r _ u eX] ~~ '.J .":r.."~' .SL J) 1~ t .. ... 1I1~ c-". '.' I;d: . .... = ;f .~.~ "-'"'- ~. . '. ,j "c:., . . .' "C... . - JJi r7Z:~~ "-'" 'c. ~. .. ~ :s, ~ .t ? . "~J, " ., ." l~. ~~~~E1"" ,..r~~~~n" ("a-~'''~~'.. .-..~"';?1 fEf ........ .. ....i;~~~ '-~~..""... :., 'l.\\:- lP l..,,~..~...~ ...~ ",,51 ~~~.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish a Relocation Specialist II Position in the Department of Economic Development with Personnel and Operating Costs to be funded through Capital Project #9-060, Oceana & Interfacility Traffic Area Conformity & Acquisition MEETING DATE: October 23, 2007 . Background: In August 2005, the Base Realignment and Closure (BRAC) Commission recommended that the Atlantic Fleet's East Coast Master Jet Base located at Naval Air Station (NAS) Oceana be moved to Cecil Field in Jacksonville, Florida if, among other things, the City of Virginia Beach failed to take certain measures to prevent further development of incompatible land uses around NAS Oceana by March 31, 2005 and the City of Jacksonville performed certain actions related to Cecil Field by December 31, 2006. On November 8, 2005, the BRAC Commission's recommendation became law (the "BRAC Order). In response to the BRAC Order, the City Council adopted a series of ordinances on December 20, 2005 and March 28, 2006 intended to comply with the terms of the BRAC Order. Among the measures taken were a prohibition on incompatible development in Accident Potential Zone 1 (APZ-1) and Clear Zones surrounding NAS Oceana, restrictions on discretionary development approvals in areas in certain Noise Zones, a program of voluntary acquisition of affected properties by the City, the offering of a number of zoning, tax, and economic incentives designed to encourage the replacement of incompatible lands uses by those deemed compatible with Navy operations at NAS Oceana and the appropriation of $15 Million in funding ($7.5 million from the City, and $7.5 million from the State) for Fiscal Year 2006-07 to accomplish these objectives. On May 24, 2006, the Inspector General of the Department of Defense ruled that the City's efforts, while "commendable," did not comply with the terms of the BRAC Order in its entirety because it did not include an element by which the City would condemn all "incompatible use property" in APZ-1. Notwithstanding the Inspector General's ruling, the City Council, by Resolution adopted on June 27, 2006, fully reaffirmed the actions taken in December 2005 and March 2006. The City is now actively implementing those measures. . Considerations: In direct response to the adopted ordinances, the Department of Economic Development proposes to facilitate the replacement of non-conforming commercial uses in the APZ-1 area surrounding NAS Oceana with commercial conforming uses. This activity will be supported by a Marketing Communications Plan, and a variety of incentives previously approved by the City Council. As part of this activity, the Department of Economic Development will seek to acquire real property interests in non-conforming land uses located in the APZ-1 area surrounding NAS Oceana for possible subsequent conforming commercial use. The occupants of these properties may require relocation assistance. The City may dispose of BRAC acquired parcels as well as other city owned properties as part of this proposed RFP. In this regard, the Department of Economic Development seeks to hire a Relocation Specialist 11 to perform the services described above. On October 8, 2007 the Oceana Land Use Conformity Committee recommended approval of this position. The personnel and operating costs will be funded through capital project #9-060, Oceana & Interfacility Traffice Area Conformity & Acquisition, with this position to continue through the duration of the project. · Public Information: City Staff will brief the Oceana Land Use Conformity Committee on October 8, 2007. All other public information will be handled through the normal agenda process. · Recommendations: Approval of an Ordinance appropriating funds to establish a full- time position in the Department of Economic Development. . Attachments: Ordinance City Manager: Recommended Action: Approval nt/Agency: Economic Development, Warren D. H~~ ~~ 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 AN ORDINANCE TO ESTABLISH A RELOCATION SPECIALIST II POSITION IN THE DEPARTMENT OF ECONOMIC DEVELOPMENT WITH PERSONNEL AND OPERATING COSTS TO BE FUNDED THROUGH CAPITAL PROJECT #9-060, OCEANA & INTERFACILlTY TRAFFIC AREA CONFORMITY & ACQUISITION WHEREAS, in an effort to facilitate the replacement of non-conforming commercial uses in the Accident Potential Zone 1 for implementation of the Oceana Land Use Conformity Plan, it is necessary to establish a Relocation Specialist II position in the Department of Economic Development to aid in implementing the Oceana Land Use Conformity Plan; and WHEREAS, the personnel and operating costs associated with the position, estimated at $63,700 for a full-year, will be funded through capital project #9-060, Oceana & Interfacility Traffic Area Conformity & Acquisition. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1 . That a Relocation Specialist II position is hereby established in the Department of Economic Development. 2. That the personnel and operating costs of the position will be funded through capital project #9-060, Oceana & Interfacility Traffic Area Conformity & Acquisition. 3. That the position will continue for the duration of the capital project. Adopted by the Council of the City of Virginia Beach, Virginia on the ,2007. day of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ City Attorney's 0 CA 10520 R-1 October 10, 2007 4i"..... r~~~~~ ,!~...'~1.... -.~,"'" (,)",: <:,', "",' '3.~) <4':; " ,,~\7.;t {~i~"'!~.~ \0;.,"-::'.:.....- ...:,l,; l~:~..~~~::1 --".;~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the City's Local Delegation to the General Assembly to Work With the City of Norfolk's Delegation to the General Assembly to Draft of Support Legislation Regarding Smoking in Restaurants MEETING DATE: October 23,2007 . Background: On October 9, 2007, City Council adopted the City's 2008 Community Legislative Agenda. The agenda includes a request for legislation that either prohibits smoking in restaurants statewide or that enables localities by ordinance to enact the prohibition. Both the Virginia Beach Restaurant Association and the Virginia Beach Hotel-Motel Association support such legislation. Norfolk's City Council also discussed a smoking ban in their city, and several Norfolk councilmembers expressed a desire to work with the City of Virginia Beach to enact a restaurant smoking prohibition in both cities. Virginia Beach may not enact such a prohibition unless the General Assembly adopts legislation enabling the City to do so. . Considerations: The attached resolution requests the City's delegation to the General Assembly to work with the City of Norfolk's delegation to the General Assembly to sponsor and/or support legislation that either would prohibit smoking in restaurants statewide or that would authorize cities to prohibit smoking in restaurants through adoption of local ordinances. . Public Information: This item will be advertised in the same manner as other agenda items. . Attachment: Resolution Requested by Councilmember Wilson Requested by Councilmember Wilson 1 A RESOLUTION REQUESTING THE CITY'S LOCAL 2 DELEGATION TO THE GENERAL ASSEMBLY TO 3 WORK WITH THE CITY OF NORFOLK'S 4 DELEGATION TO THE GENERAL ASSEMBLY TO 5 DRAFT OR SUPPORT LEGISLATION REGARDING 6 SMOKING IN RESTAURANTS 7 8 WHEREAS, the City Council traditionally adopts a Community Legislative 9 Agenda and requests member of the City's local Delegation to the General Assembly 10 sponsor and/or support legislation therein; and 11 12 WHEREAS, on October 9, 2007, City Council by resolution adopted the City's 13 2008 Community Legislative Agenda; and 14 15 WHEREAS, the City Council included in its 2008 Community Legislative Agenda 16 a request for legislation that either prohibits smoking in restaurants statewide or that 17 enables localities to prohibit smoking in restaurants by local ordinance; and 18 19 WHEREAS, the City of Virginia Beach borders the City of Norfolk, and members 20 of the City Council of the City of Norfolk have expressed a desire to work with the City of 21 Virginia Beach to concurrently enact a smoking prohibition in restaurants in their 22 respective cities, but enabling legislation from the General Assembly is required in order 23 for the City of Virginia Beach to enact such a ban; and 24 25 WHEREAS, a unified effort by both the City of Virginia Beach's and the City of 26 Norfolk's delegations to the General Assembly would increase the likelihood of 27 achieving both cities' common goal of prohibiting smoking in restaurants. 28 29 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 1. That the City's delegation to the General Assembly is hereby requested to 33 work with the City of Norfolk's delegation to the General Assembly to sponsor and/or 34 support legislation that either would prohibit smoking in restaurants statewide or that 35 would authorize both cities to prohibit smoking in restaurants through adoption of local 36 ordinances. 37 38 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 39 BEACH, VIRGINIA: 40 41 That the City Clerk is hereby directed to transmit a copy of this resolution to each 42 member of the City's local Delegation to the General Assembly and to the members of 43 the City Council of the City of Norfolk. 44 45 Adopted by the City Council of the City of Virginia Beach, Virginia, this 46 day of ,2007. APPROVED AS TO LEGAL SUFFICIENCY: ~~ City Attorney's Offi CA 10523 R-1 October 11, 2007 ~ii"'~ '#~~<~'~7\ f'O />...~::.. ~~..;,;~ <4{cf, '-',-, tZ'> v.k ./iJ l..~~~~.,~ ~~I ~.:~~:,....... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving an Application of the Virginia Beach School Board to the Literary Fund of Virginia for a School Construction Loan in the Amount of $7,500,000 MEETING DATE: October 23, 2007 . Background: On October 2, 2007, the Virginia Beach School Board approved a resolution to submit an application to the Virginia Board of Education for a Literary Fund Loan of $7,500,000 to apply towards the construction of the new Virginia Beach Middle School. As part of the application process, and because the debt will be a City debt, City Council also must approve the application. . Considerations: The Literary Fund Loan is an excellent financing tool, as the interest rate on the loan is 3%, a rate lower than the City's current rate on general obligation bonds. The loan is not additional debt of the City, as it will serve in lieu of the City's issuance of $7,500,000 of City Charter Bonds for school purposes. It is repaid annually over twenty years, with principal payments of $375,000. At present, the City has ten Literary Fund loans with an outstanding principal balance of $9.9 million. . Public Information: Public notice is provided through the normal Council agenda process. The item was also a part of the School Board agenda on October 2,2007. . Attachments: Resolution; October 2, 2007 Adopted School Board Resolution Recommended Action: Approval Financ~ 1 A RESOLUTION APPROVING AN APPLICATION OF 2 THE VIRGINIA BEACH SCHOOL BOARD TO THE 3 LITERARY FUND OF VIRGINIA FOR A SCHOOL 4 CONSTRUCTION LOAN IN THE AMOUNT OF 5 $7,500,000 6 7 WHEREAS, in the FY2001-2002 Capital Improvement Program, City Council 8 established Project No. 1-234 to provide for the replacement of Virginia Beach Middle 9 School; 10 11 WHEREAS, additional funding for this replacement were appropriated in the FY 12 2007-2008 Capital Budget; 13 14 WHEREAS, Section 22.1-146 of the Code of Virginia authorizes the State Board 15 of Education to make loans from the Literary Fund to local school boards for the 16 purpose of erecting, altering, or enlarging school buildings; 17 18 WHEREAS, any indebtedness owed by the Virginia Beach School Board to the 19 Literary Fund is a valid and legally binding indebtedness of the City of Virginia Beach, 20 Virginia, pursuant to Section 22.1-161 of the Code of Virginia; 21 22 WHEREAS, Section 22.1-158 of the Code of Virginia requires that the City shall 23 include in its tax levies and appropriate to its school board funds sufficient to meet the 24 school board's debt service on any such loans; 25 26 WHEREAS, officials of the Virginia Beach School Board have prepared an 27 application addressed to the State Board of Education of Virginia for the purposes of 28 borrowing from the Literary Fund $7,500,000 to assist with the costs of replacing 29 Virginia Beach Middle School, to be paid in twenty (20) annual installments with the 30 interest thereon at 3 percent paid annually, which loan will be in lieu of an equivalent 31 amount of general obligation bonds previously authorized for the project; and 32 33 WHEREAS, City Council desires to support this request and believe it to be 34 appropriate. 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA; 38 39 1. That the application to the State Board of Education for a loan of 40 $7,500,000 from the Literary Fund to the Virginia Beach School Board is hereby 41 approved. 42 43 2. That the City Council include in its tax levies and appropriate to the 44 Virginia Beach School Board funds sufficient to meet the School Board's debt service 45 on this loan.m46 This resolution shall be in effect from the date of its adoption. 47 48 49 50 of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f!~:rtrnqff~~ CA10516 R-2 October 10, 2007 ~~~ City Attorney's Office day SCHOOL BOARD Daniel D. Edwardl ChalnnIn District 1 - CenterviHe 1513 BeacI1view Drive VA Beach, VA 23464 495-3551 (h) . 717-0259 (e) flU Swell BeIJillo Vic:I c;hInun Al-large P.O. Bolt 644S VA Beach. VA 23450 418-0960 (e) Todd C, DaYldton At-large 2424 Savannlil Trail VA Beach, VA 23456 427-3330 (w) . 285-9409 (e) EmnII L "Em" Davll Districl5 - Lynnhaven 1125 Mich88lwocd Drive VA Beai:h. VA 23452 340-8911 (h) PIlrlcIa G. EdlllOlllon District 6 - Beach 401-205 Harbour Point VA Beach, VA 23451 675-0137 (e) . Edwvd F. Filling.,. Sr, At-Large 412 8eclon Place VA Beai:h, VA 23452 486-4567 (h) Dan R. Lowe 0is1rict 4 - 8ayside 4617 Red Coat Road VA Beach, VA 23455 490-3681{h) Lyndon S. Remlll 0istricI 7 - Princess Anne 3225 Nansemond Loop VA Beach, VA 23456 630-0102 (e) SIndra Smft/l.JonH District 2 - KemllSvnle 705 Rock Cr8et Court VA Beach, VA 23462 490-8167 (h) IIle11... W, SlawIrt District 3. Rose Hall 105 Brentwood Court VA Beach. VA 23462 4~303 (h) . 445-4637 (w) Carolyn D. W_ At-l8ge 1420 Claudia Drive VA Beach. VA 23455 404-$74 (h) SUPERINTENDENT ..... G. 1Ien1I. &Ill. 2512 Gage Mason Drive VA Beach. VA 23456 263-1007 +IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION APPROVING APPLICATION FOR A LITERARY LOAN FOR VIRGINIA BEACH MIDDLE SCHOOL WHEREAS, the School Board of the City of Virginia Beach, Virginia and the City Council of the City of Virginia Beach, Virginia have detennined that the School Board has an immediate need to implement certain school capital projects including the acquisition, renovation and construction and equipping of improvements to and new facilities for Virginia Beach Middle School for school purposes (collectively the "Project") and the School Board will make application to the Literary Fund of the Commonwealth of Virginia for a Literary Loan (the "Literary Loan'") relating to the Project in the total aggregated amount of $7,500,000.00 or to other wise cooperate with the City to obtain long-tenn financing of the Project; and WHEREAS, the School Board has embarked upon the construction of a new Virginia Beach Middle School and the renovation or replacement of related facilities to replace the aging existing building and facilities located at 600 25th Street, Virginia Beach, Virginia 23451; and WHEREAS, the $52,578,823.00 Project requires monies to pay for the needed construction project that the City must borrow long term; and WHEREAS, the Commonwealth's Literary Loan Fund is a source needed to assist the City in funding the $52,578,823.00 construction Project; and NOW THEREFORE, BE IT RESOLVED that the School Board hereby approves the submission of a $7,500,000.00 application for Literary Loan Funds as part of the necessary funding for the Virginia Beach Middle School construction project and authorizes the Superintendent or his designee to take other actions as necessary to obtain the Literary Loan. FURTHER RESOL YED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 2nd day 0 t-:.;,; I.', A TrEST: Daniel D. Edwards". Chairman ~-1l~ Dianne P. Alexander Clerk of the Board ."/ '~.:,. ~J';.. School Administration Building · 2512 George Mason Drive . P.O. Box 6038 . Virginia Beach. VA 23456-0038 r 4.~~~ ~~~'~~), ("<';)/'0- .-.::, ..~"O, f~: -:'i) ~~\- ~. #f$ \."i<>~" ' :-El ~.,+~" -~~"J ,,\:4'.~_~J ~.:r '"' \.. ITEM: ~ A Resolution Authorizing and Directing the City Manager to Execute a Special Order by Consent Concerning the Violations of Certain Regulations Involving Hazardous Waste CITY OF VIRGINIA BEACH AGENDA ITEM MEETING DATE: October 23, 2007 . Background: The Landstown Yard at 3556 Dam Neck Road is classified by the state and federal governments as a small quantity generator of hazardous waste and is therefore subject to certain state and federal regulations governing hazardous wastes. The City inadvertently transported hazardous waste from the Southeastern Public Service Authority ("SPSA") without a permit, after which the Yard was the subject of an inspection by the Department of Environmental Quality ("DEQ"). The DEQ determined that the City had violated certain regulations including the transport of hazardous waste from SPSA without a permit, the failure to keep required records of movements and disposal of hazardous waste, the improper labeling of waste and the placement of a battery in an incorrect container. These violations were the subject of a Notice of Violation from DEQ on July 5, 2007. The Virginia Waste Management Board, through its enforcement agency, the Department of Environmental Quality, desires to enter into a Special Order by Consent ("Consent Order") to resolve the violations. . Considerations: The execution of the Consent Order by October 24, 2007 will allow the City a reduction in the amount of the civil charge, reducing it to $5,500. The City will also implement a corrective action plan to address the deficiencies referenced in the Consent Order. . Public Information: Publication is in the agenda. . Alternatives: The City can refuse to enter into a Consent Order and the Virginia Waste Management Board will proceed with legal action. . Recommendations: Authorize the City Manager to sign the Consent Order. . Attachments: Resolution and Summary of Terms Recommended Action: Approval of the Resolution Submitting Department/Agency: Public Works ~ ~O w7fr 1 A RESOLUTION AUTHORIZING AND 2 DIRECTING THE CITY MANAGER TO 3 EXECUTE A SPECIAL ORDER BY CONSENT 4 CONCERNING THE VIOLATIONS OF 5 CERTAIN REGULATIONS INVOLVING 6 HAZARDOUS WASTE 7 8 WHEREAS, the City of Virginia Beach owns and operates the Landstown 9 Yard ("Yard) located at 3556 Dam Neck Road in the City of Virginia Beach; 10 11 WHEREAS, the Yard is listed by the Environmental Protection Agency 12 ("EPA") as a small quantity generator of hazardous wastes, which wastes are generated 13 from traffic and street maintenance operations; 14 15 WHEREAS, the Department of Environmental Quality ("DEQ"), after an 16 inspection of the yard, on July 5, 2007 issued a Notice of Violation for certain violations 17 of record-keeping requirements regarding hazardous wastes; and 18 19 WHEREAS, the Virginia Waste Management Board determined that the 20 City had transported hazardous materials from the Southeastern Public Service 21 Authority ("SPSA") without a permit, failed to keep the required records of hazardous 22 waste movements and disposal, failed to place a battery in the correct container and 23 failed to label certain waste as hazardous; and 24 25 WHEREAS, City of Virginia Beach and the Virginia Waste Management 26 Board, through its representatives at the Department of Environmental Quality, desire to 27 enter into a Special Order by Consent ("Consent Order") to resolve these violations. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 30 CITY OF VIRGINIA BEACH, VIRGINIA: 31 32 That the Council authorizes and directs the City Manager or his designee 33 to execute the Consent Order on behalf of the City of Virginia Beach. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 36 day of , 2007. APP. R:O~~D ~S TO ;LEG. A~ SUFF. I.C11 NCY: l0dL~ttLt /11. /1 (Ult~ City Attorney's Office CA-10522 R-4 October 15, 2007 Purpose: Premises: Term: Special Order by Consent between City of Virginia Beach ("City") and Virginia Waste Management Board ("Board") SUMMARY OF TERMS To resolve the violations by the City of certain record-keeping hazardous waste regulations. Landstown Yard located at 3556 Dam Neck Road, Virginia Beach. The City will have 30 days from the date of the adoption of the Special Consent Order by the Board to fulfill the obligations listed below. Responsibilities of the City: . Pay a civil charge of $5,500, within 30 days of the execution of the Order. . Provide Department of Environmental Quality (UDEQ") with a corrective action plan to address the violations. . Implement the plan within 30 days of its approval by DEQ. r.~--'~ ,....\~~~.~, (ll~;-\"~' (o~ ~~~ ~.:.\- .' Iii '-... ."-j t..:""....."... .~.ij .....~:::::/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Receive and Endorse the Beaches and Waterways Advisory Commission's Dune Encroachment Recommendations and to Direct Appropriate Action by the City Manager. MEETING DATE: October 23,2007 . Background: City Council received several encroachment requests for walkways crossing over dunes. As there is no clear policy on reviewing and approving dune encroachment requests, Council requested that the applications be put on hold and referred the topic to the Beaches and Waterways Advisory Commission for policy recommendations. The Commission's recommendations were transmitted to City Council on July 12, 2007. . Considerations: Adoption of the Commission's policy recommendations would establish a set of standards that would be applied to applications for dune encroachments. . Public Information: The Beaches and Waterways Advisory Commission held several public meetings as they developed their recommendations. . Alternatives: (1) Adopt the resolution; (2) refer the issue back to the Beaches and Waterways Advisory Commission with clarifying direction,; or (3) take no action. . Recommendations: Adopt resolution. . Attachments: Resolution. Recommended Action: Approval t1Agency: Public Works ~ ~ 1 A RESOLUTION TO RECEIVE AND ENDORSE THE 2 BEACHES AND WATERWAYS ADVISORY 3 COMMISSION'S DUNE ENCROACHMENT 4 RECOMMENDATIONS AND TO DIRECT 5 APPROPRIATE ACTION BY THE CITY MANAGER 6 7 WHEREAS, the Beaches and Waterways Advisory Commission was charged 8 with preparing recommendations in regard to the City policies concerning public dune 9 encroachments; and 10 11 WHEREAS, the Commission researched the issues involved, received public 12 input and prepared comprehensive recommendations, which include recommendations 13 as to the physical characteristics of such dune encroachments and suggested City 14 Code revisions; and 15 16 WHEREAS, the Beaches and Waterways Advisory Commission on June 14, 17 2007 adopted the recommendations. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That the recommendations listed below are hereby received and endorsed 23 by the City Council: 24 25 a. Dune encroachment applications shall be evaluated based on the 26 beach segments defined in the April 2002 Beach Management Plan, which will allow for 27 broader citizen input and concentration on neighborhood interests; 28 29 b. The policy of the community civic organizations, if one has been 30 expressed, shall be considered in the review of applications. All adjacent property 31 owners and the appropriate civic organization, if one is known, shall be notified of the 32 request for an encroachment into the public dune; 33 34 c. All structures must conform to the building code for structures 35 crossing dunes. All structures must comply with the International Building Codes 36 Coastal Construction requirements which require the structure to be designed and 37 construction certified by a licensed Virginia engineer; 38 39 d. All structures shall be limited to a maximum height above the 40 finished deck level of 36 inches for individual single-family homes or 42 inches for those 41 involving public accesses. This would eliminate any gazebo type structures or elevated 42 observation type platforms; 43 44 e. In order to minimize the environmental impacts such as sunlight 45 deprivation, wind scour, and erosion, the seaward edge of any approved encroaching 46 platform shall be located 15 feet landward of the crest of the public dune; 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 f. The seaward end of the structure may not encroach more than 5 feet seaward of the seaward toe of the public dune; g. The encroachment shall be limited to one platform not to exceed 10 feet by 10 feet inclusive of a 4 foot maximum walkway in width; h. The minimum structure height shall be 3 feet above existing grade, and 4 feet above existing grade for a platform, subject to Planning Department review; i. All structures available for use by the public must comply with applicable requirements for accessibility. Accordingly, ramps constructed at a 1V:12H slope will be required in lieu of stairs for access to these walkways; j. The issues of maintenance and insurance liability shall be governed by the encroachment agreement and City Code Section 33-113.1 ; k. Existing structures that were approved by the proper encroachment process and with proper building permits shall be allowed to remain as approved and shall not be required to come into compliance with this policy unless or until they are in need of replacement; I. Any illegal structures, those not properly permitted or unlawfully encroaching, shall be brought into compliance with the existing building codes and the City Code; and m. Any structures that do not conform to the Wetlands Board's Policies and Procedures for exempt structures must obtain a Wetlands Board/Coastal Primary Sand Dune Permit. 2. That the City Manager is hereby directed to take the appropriate actions necessary to effectuate these recommendations. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2007. day of APPROVED AS TO CONTENT: ~~ Pu rks APPROVED AS TO LEGAL SUFFICIENCY: ~ ~ &K~ City Attorney's Office -- CA-10496 R-5/September 28, 2007 Beach Segments Defined in the 2002 Beach Management Plan · Chesapeake Beach - the Chesapeake Bay shoreline from the border with Little Creek Amphibious Base on the west to Joyce Avenue and Baylake Pines on the east. · Baylake Beach - the Chesapeake Bay shoreline adjacent to the Baylake Pines subdivision, from Joyce Avenue on the west to Indian Hill Road and Ocean Park on the east. · Ocean Park Beach - the Chesapeake Bay shoreline from Rookery Way on the west to L ynnhaven Inlet on the east. · Cape Henry Beach - the Chesapeake Bay shoreline from Lynnhaven Inlet on the west to the border with First Landing State Park on the east. · North End - the Atlantic coast from the border with U.S. Army Base at Fort Story and 89th Street on the north to 42nd Street and the resort area on the south. · Resort Beach - the Atlantic coast from 42nd Street on the north to Rudee Inlet on the south. · Croatan Beach - the Atlantic coast from Rudee Inlet on the north to the border with the Commonwealth's Camp Pendleton on the south. · Sandbridge Beach - the Atlantic coast from the Navy Base at Dam Neck on the north to the Back Bay National Wildlife Refuge on the south. K. PLANNING 1. Applications re Modification of Conditions a. INTERNATIONAL CHRISTIAN CHURCH to construct a gymnasium at 2969 Holland Road (approved on May 12, 1992, April 11, 1995 and June 10, 1997) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL b. JOHN D. and RANDI VOGEL re a seasonal display relocation at 2388-2400 London Bridge Road (approved October 11,2006) DISTRICT 7 - PRINCESS ANNE STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL TO EXPIRE 7/30/08 2. Applications re Conditional Use Permits a. J. D. VALLEY, L.L.C. re motor vehicle sales and rental at 6119 Indian River Road DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL b. DOROTHY JACOBSON re an alternative residential development at Pefley Lane and Munden Point Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL c. THE HERTZ CORPORATION re bulk storage of construction equipment at 716 S. Military Highway DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL d. VERNELL DREUITT re a church at 3692 South Plaza Trail, Suites 1 and 4 DISTRICT - 3 ROSE HALL RECOMMENDATION APPROVAL e. VIRGINIA BEACH RESORT, LLC re a hotel/motel with additional lodging and dwelling units and outdoor recreation for personal watercraft service at 2816 Shore Drive. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 3. Applications re Change of Zoning District Classification a. NICK WILLIAM WRIGHT, JR. from AG-2 Agricultural to Conditional R-7.5 Residential at Nimmo Parkway and Townfield Lane DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL b. AGC ACQUISITION, L.L.c. from AG-2 Agricultural District to Conditional B-4 Mixed Use District re a retail building and 99 multi-family dwellings at 1291 Nimmo Parkway (deferred indefinitely on August 14,2007) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL c. CORAL DEVELOPMENT LLC DISTRICT 7 - PRINCESS ANNE 1) Variance to S5B of the Site Plan Ordinance, Floodplain Regulations, to allow fill within the floodplain re a roadway and ditch piping 2) from AG-2 Agricultural to Conditional R-15 Residential with a PD-H2 Planned Unit Overlay at 1628, Sandbridge Road and 2741,2753 and 2797 Atwood Road RECOMMENDA nON DEFER TO 11113/07 4. Application of JOSEPH W. FREEMAN JR. for discontinuance, closure and abandonment of a portion of Grimstead Lane at Bay Bay Landing Road to incorporate this area into the surrounding property and restrict access DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL Public Hearings NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, October 23, 2007, at 6:00 p.m. The following applications will be heard: DISTRICT 7 . PRINCESS ANNE International Christian Church Application: Modification of Conditions. for requests approved by City Council on May 12, 1992, April 11, 1995 and June 10. 1997. at 2969 Holland Road (GPIN 1495238080). Joseph W. Freeman, Jr. Application: Discontinuance, closure and abandonment of a portion of Grimstead lane beginning at Back Bay landing Road and continuing in a southeasterly direction to its terminus. Ms. Dorothy Jacobson Application: Conditional Use ~ for alternative residential development on Pefley lane north of Munden Point Road (GPIN 2308714598). Coral Development, LLC. Application: Variance to Section 5B of the Site Plan Ordinance. Roodplain Regulations at Atwoocltown and Sandbridge Roads (GPINs 2413898033; 2413889744; 2413996091; 2413897501; 2413998154). Coral Development, LLC Application: Cha""e of Zon'",' I District Classification from AG-2 AgrIcultural to Conditional R.15 Residential with a PD-H2 Planned Unit Development Overlay at 1628 Sandbridge Road. Parcel B Sandbridge Road, 2741, 2753 and 2797 Atwoadtown Road (GPINs 2413898033; 2413889744; 2413996091; 2413897501; 2413998154). The Comprehensive Plan designates this site as part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of this rezoning is to develop single-family dwellings. William Nick Wright. Jr. Application: Chanlle of Zoninll District Classification from AG-2 Agricultural to Conditional R.7.5 Residential on Nimmo Parkway east of Townfield Lane. (GPINs 2414645890: portions of 2414647136; 2414756105). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of the zoning change is to develop the site with single-family homes. AICUZ is Less than 65 with some' area within 65 - 70. -John D. & Randi Vogel Application: Modification of., ~ for a request approved by City Council on- October 11. 2006 at 2388 - 2400 London Bridge Road (GPINs 2405900218, 2405900607). AGC Acquisition, LL.C. Application: Chanlle of Zoninll: District Classification from AG-2 Agricultural to i Conditional B-4 Mixed Use at 1291 Nimmo Parkway' (GPIN 2414161683). The Comprehensive Plan! recommends use of this site for neighborhood office and; single-family residential uses. The purpose of this I rezoning is to develop a strip retail center and, multi-family dwellings. AICUZ is 65 to 70 dB Ldn.' Indefinitely deferred by City Council on July 10, 2007, I DISTRICT 2 - KEMPSVILLE Stephen M. Denes (The Hertz Corporation) Application: Conditional Use Permit for bulk storage at 716 South Military Highway (GPIN 1456279295). DISTRICT 3 - ROSE HAll Vernell Dreuitt Application: Conditional Use Permit for a church at 3692 South Plaza Trail, Suites 1 and 4 (GPIN '. 14.\jIs.<J3693), DISTRICT' 5. L YNNHAVEN Application of Virginia Beach Resort, LL.C, Application: Conditional Use Permit for a hotel and motel with lodging and dwelling units in B-4 {SO) and for outdoor recreation at 2816 Shore Drive (GPIN 15903164719530). All interested citizens are invited to attend. 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 i httD://www.vbiI!ov.com/DC For infonnation call , 3854621. If you are p/IJU:aIIy cIIsabIed or vIsu8IIy 1m....... and need assistance at this meeting, please call the CITY CLERK'S OFFICE lit 385-4303. Beacon Oct. 7 & 14, 2007 N I THE VIRGINIAN-PILOT ,. 17716974 E - 47 - Item "I -K. 1 . b. PUBLI C HEAR I NG ITEM N 35608 (Continued) PLANNING BY CONSENT Voti ng: 10-0 Counei f Members Voting Aye: John A. Clyburn, Fentress, MeClanan, Parker Baum, James W. Brazier, Jr., Robert W. Harold Helschober, Viee Mayor Robert E. Louis R. Jones, Paul J. lanteigne, Reba S. Mayor Meyera E. Oberndorf and Nancy K. Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. - 46 - Item III-I.l.b. PUBLIC HEARING ITEM # 35608 PLANNING BY CONSENT Upon motion by CounCilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of FIRST FILIPINO BAPTIST CHURCH & ERNEsTO ANDRADA, JR. for a Conditional Use Permit for a church: ORDINANCE UPON APPLICATION OF FIRST FILIPINO BAPTIST CHURCH & ERNEST ANDRADA, JR. FOR A CONDITIONAL USE PERMIT FOR A CHURCH & RELATED ACTIVITIES ROS92l423 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of First Filipino Baptist Church & Ernest Andrada, Jr. for a Conditional Use Permit for a church & related activities on the south side of Holland Road, west of Monet Drive. Said parcel is located at 2969 Holland Road and contains 2.25 acres. PRINCESS ANNE BOROUGH. The fOllowing conditions shall be required: 1. The semi-circle entrance shown on the submitted plan is not acceptable. A single 30' commercial entrance is required. 2. The parking lot must be redesigned to preserve as many trees as practical located on the Eastern side of the structure. Existing trees located near the Southern property line must also be preserved to the maximum extent practical to provide a buffer for the residential neighborhood to the South. A tree preservation and protection plan must be submitted for review and approval. 3. A Best Management Practices facility must be provided to control stormwater runoff in accordance with the Stormwater Management Ordinance. The OWNER OR LEGAL REPREsENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall he effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of Mav, Nineteen Hundred and Ninetv-Two. Mav l' 100? item lV-L.2. - 31 - PUBUC HEARING ITEM II 39054 (Continued) PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley. LouIS R Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay" None Council Members Absent: Robert K. Dean April 11, 1995 - 30- Item IV-L,2, PUBUC HEARING ITEM # 39054 PLANNING Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED an Application of ERNESTO ANDRADA., JR. and FIRST FILIPINO BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPUCATION OF ERNESTO ANDRADA, JR, AND FIRST FIUPINO BAPTIST CHURCH FOR A CONATIONAL USE PERMIT FOR A CHURCH EXPANSION R04951948 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, JlIRGINIA Ordinance upon application of Ernesto AndradJ:I. Jr., and First Filipino Baptist Church for a Conthtlonal Use Permit for a church expansion on the south Side of Holland Road. west of Monet Drive Saul parcel IS located at 2969 Holland Road and contains 2.215 acres, PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. A. 25-foot landscape buffer Will be maintained on the Southern, Eastern and Western sides of the property Existmg vegetatIOn shall be preserved within the buffer. 2 At least 35 trees Will be planted Within the landscape buffer on the Eastern Side as Identified on the submit/cd plan 3 A nght-turn lane shall be Installed, as required. 4 Appropriate acoustical treatments must be Installed in proposed builthng structures which would achieve an outdoor-to-indoor noise reduction of at least 30 deCibels 5, The exterior wall fimsh will be of Dryvit and the roofing material Will be shingles. The applicant agrees that the colors of these materials shall be approved by the DesIgn AdvISOry Group 6. The Interior layout and exterior appearance of the church will substantially adhere to the plans approved by the DeSign Advisory Group and on file with the Planning Department The Ordinance shall be effective In accordance with Section 107 (f) of the Zomng Ordinance Adopted by the Council of the City of Virgmla Beach, Virginia, on the Eleventh oj ADriL Nineteen Hundred and Nmety-Flve Aprilll, 1995 - 40- Item V-L4. PUBUC HEARING ITEM # 42262 (Continued) PLANNING Votmg 11-0 Council Members Voting Aye John A. Baum, Linwood 0 Branch, IlL William W. Hamson, Jr., Harold HelSchober, Barbara M. Henley. loUIS R Jones, Reba S McClanan. Mayor Meyera E. Obemdorf, Nancy K Parker, V,ce Mayor William D Sessoms, Jr and LouISa M Strayhorn Council Members Voting NaY' None CouncIl Members Absent None June 10, J 997 - 39- Item V-L4. PUBliC HEARING ITEM # 42262 PLANNING Roger Pope, represented the applicant Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms. City Council ADOPTED an Ordinance upon appIlcation of FIRST FIliPINO BAPTIST CHURCH TRUSTEES for a ConditIOnal Use Penmt ORDINANCE UPON APPLICATION OF FIRST FILIPINO BAPl1ST CHURCH TRUSTEES FOR A CONDITIONAL USE PERMIT FOR A CHURCH EXPANSION (PARKING) R06972118 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA Ordinance upon applicatIOn of First F1I1pzno Baptist Church Trustees for a Conditional Use PermIt for a church expansion (parlczng) on the south side of Holland Road, west of Monet Dnve Said parcellS located at 2969 Holland Road and contains 2 215 acres PRINCESS ANNE BOROUGH ThefollOWlng conditions shall be required' I MaxImum capacity shall not exceed 225. as indicated on the site plan approved November 1. 1995 The submitted site plan shall be adjusted to clearly Indicate the total number of approved seats (fixed or unfixed. exISting or future) as well as the total number of approved parlang spaces 2 With the exception of the previously approved sanctuary and parlangarea, and the additional parlang ",eluded in thIS request. no further expansion or development shall occur on the remalmng undISturbed area of thIS lot. and the site plan shall be noted accordingly 3 The Best Management Practices faCility shall be expanded as necessary to accommodate all approved development as It IS constructed All site plans shall be subject to approval. 4 Landscaping of the parlang lot shall meet or exceed mznimum parking lot interior coverage requirements ThIS Ordinance shall be effective In accordance with Section 107 (j) of the Zomng Ordinance Adopted by the Council of the City of Vlrglma Beach, Vlrglma, on the Tenth of June Nineteen Hundred and Nlnetv-Seven June 10. 1997 ..,...~~.... r...\'~~+t'" :O"l""~' . ...."t' rE: '-- \~ ~:,i~ ' :~~ "'~,;'- If.; 'i:.+:~::I ~~~..,,...' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of International Christian Church for Modification of Conditions for requests approved by City Council on May 12, 1992, April 11, 1995 and June 10, 1997. Property is located at 2969 Holland Road (GPIN 1495238080). DISTRICT 7 - PRINCESS ANNE. MEETING DATE: October 23,2007 . Background: The Conditional Use Permit allowing the church was originally approved by the City Council in 1992 and was modified twice, first in 1995 and then again in 1997. The most recent approval was for the addition of 21 parking spaces, for a total of 67 spaces. Condition 2 below restricted development of the site to only what was depicted on the 1997 plan. As such, any modification to the approved plan requires additional consideration. . Considerations: The church proposes to replace a 50 year old, converted dwelling with a two- story, 80 foot by 80 foot (80' x 80') gymnasium. The old dwelling is the original part of the church, established through 1992 Use Permit. The proposed gym will utilize the footprint of the original dwelling, as well as occupy some undeveloped property in the rear of the building. No parking spaces will be impacted nor will additional parking be required, as the gym is for the use of the church. The existing 6,000 square foot sanctuary and the Sunday school rooms, totaling 2,000 square feet, will remain. The current activity room, offices, bathrooms and kitchen are slated for removal. The proposed addition will contain a kitchen and bathrooms on the first floor along with the gymnasium. The second floor will contain security, maintenance, and a janitor's area. The site is in an AICUZ of Greater than 75 dB Ldn and within Accident Potential Zone 2 surrounding NAS Oceana. As this building will be used for indoor recreation, the use is compatible and permitted under Table 1 of Section 1804 of the City of Virginia Beach Zoning Ordinance. The Planning Commission placed this item on the consent agenda because it is an addition to an existing church, the use is compatible within this AICUZ and APZ, and there was no opposition to the proposal. International Christian Church Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request, with the following conditions: 1. All conditions with the exception of Number 2 attached to the Conditional Use Permit granted by the City Council on June 10, 1997 remain in affect. 2. Condition Number 2 of the June 10, 1997 Conditional Use Permit is deleted and replaced with the following: The gymnasium shall be constructed in substantial conformance with the plan entitled, "Gymnasium Addition for International Christian Church," prepared by Land Design & Development, dated June 26,2007, which has been exhibit to the Virginia Beach City Council and is on file in the Planning Department. 3. The gymnasium shall be developed in conformance with the elevations entitled, "International Christian Church Gymnasium Addition," prepared by Andre Marquez Architects, which have been exhibit to the Virginia Beach City Council and is on file in the Planning Department. 4. In no instance shall the number of seats in the sanctuary be expanded beyond 225, which was the number of seats approved with previous Conditional Use Permits dated May 12, 1992 and April 11 , 1995. 5. The existing wooded buffer along the southern property line, abutting section 2 of the Landstown Lakes residential neighborhood, shall remain undisturbed. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Depart nt/Agency: Planning Department City Manager: ,j ,,,.L (J' ~ '\~ INTERNA TIONAL CHRISTIAN CHURCH Agenda Item 5 September 12, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Modification of the Conditional Use Permit originally approved by the City Council in 1992 and modified in 1997. This request is specifically for the construction of a gymnasium. ADDRESS I DESCRIPTION: 2969 Holland Road GPIN: 14952380800000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 2.212 acres SUMMARY OF REQUEST The Conditional Use Permit permitting the church was originally approved by the City Council in 1992 and was modified twice, first in 1995 and then again in 1997. The most recent approval was for the expansion of the parking area an additional 21 spaces, for a total of 67 spaces. Condition 2 below restricted development of the site to only what was depicted on the 1997 plan. As such, any modification to the approved plan requires additional consideration. The approved Conditional Use Permit has four (4) conditions: 1, Maximum capacity shall not exceed 225, as indicated on the site plan approved November 1, 1995. The submitted site plan shall be adjusted to clearly indicate the total number of approved seats (fixed or unfixed, existing or future) as well as the total number of approved parking spaces, 2, With the exception of the previously approved sanctuary and parking area, and the additional parking included in this request, no further expansion or development shall occur on the remaining undisturbed area of is lot, and the site plan shall be noted accordingly. 3. The Best Management Practices facility shall be expanded as necessary to accommodate all approved development as it is constructed. All site plans shall be subject to approval. INTERNATIONAL CHRISTIAN CHURCH Agenda Item 5 Page 1 4. Landscaping of the parking lot shall meet or exceed minimum parking lot interior coverage requirements. The church proposes to replace a 50 year old, converted dwelling with a two (2) story, 80 foot by 80 foot gymnasium, On May 12, 1992, City Council approved a Conditional Use Permit to convert an existing residential structure to a church for religious services. The proposed gym will utilize the footprint of the aging structure as well as occupy some undeveloped property in the rear of the building. No parking spaces will be impacted nor will additional parking be required, as the gym is for the use of the church. The existing 6,000 square foot sanctuary and the Sunday school rooms, totaling 2,000 square feet, will remain. The current activity room, offices, bathrooms and kitchen are slated for removal. The proposed addition will contain a kitchen and bathrooms on the first floor along with the gymnasium. The second floor will contain security, maintenance, and a janitor's area. The elevation of the addition depicts a structure primarily constructed with a white EIFS exterior with a gray, asphalt shingle roof. A front porch is proposed along this addition that will mimic the porch existing on the structure to the south. A portico with a drop off lane is also proposed. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Religious facility and associated uses. SURROUNDING LAND USE AND ZONING: North: · Holland Road · Vacant / AG-2 Agricultural District · Single-family dwellings / R-5D Duplex District · Single-family dwelling / AG-2 Agricultural District · 'Single-family dwelling / AG-2 Agricultural District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is located in the Southern Watersheds Management Area. There are several large trees on the property that will remain. AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn and within APZ-2 surrounding NAS Oceana. An indoor recreational facility is compatible and permitted under Table 1 of Section 1804 of the City of Virginia Beach Zoning Ordinance. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Holland Road is considered a two-lane minor suburban arterial. This segment of Holland Road is scheduled for improvements to a four-lane divided facility with a 100 foot width. The project is currently scheduled to begin construction in 2014. INTERNATIONAL CHRISTIAN CHURCH Agenda Item 5 Page 2 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Holland Road 17,000 ADT 1 16,300 ADT (Level of Existing Land Use;:!- Service "E") 203 ADT weekday 344 ADT Sunday Proposed Land Use - No change anticipated Average Dally Tnps 2 as defined by existing 225 seat sanctuary WATER & SEWER: This site is already connected to City water and sewer. The existing water meter may be used or upgraded. This site is not within an existing pump station service area. Analysis of the receiving pump station and the sanitary sewer station may be required to ensure future flows can be accommodated. Recommendation: Staff recommends approval of this requested modification, as conditioned 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. In a general sense, the established type, size, and relationship of land use, both residential and non- residential, located in and around these neighborhoods should serve as a guide when considering future development. Evaluation: This request is for the addition of a gymnasium and is recommended for approval. The site is in an AICUZ of Greater than 75 dB Ldn and within APZ-2 surrounding NAS Oceana. An indoor recreational facility is compatible and permitted under Table 1 of Section 1804 of the City of Virginia Beach Zoning Ordinance. The sanctuary with 225 seats will not be increased with this request. The proposed gym will utilize the footprint of the aging structure as well as occupy some undeveloped property in the rear of the building. No parking spaces will be impacted nor will additional parking be required. CONDITIONS 1. All conditions with the exception of Number 2 attached to the Conditional Use Permit granted by the City Council on June 10, 1997 remain in affect. 2. Condition Number 2 of the June 10, 1997 Conditional Use Permit is deleted and replaced with the following: INTERNATIONAL CHRISTIAN CHURCH Agenda Item 5 Page 3 The gymnasium shall be constructed in substantial conformance with the plan entitled, " Gymnasium Addition for International Christian Church," prepared by Land Design & Development, dated June 26, 2007, which has been exhibit to the Virginia Beach City Council and is on file in the Planning Department. 3. The gymnasium shall be developed in conformance with the elevations entitled, "International Christian Church Gymnasium Addition," prepared by Andre Marquez Architects, which have been exhibit to the Virginia Beach City Council and is on file in the Planning Department. 4. In no instance shall the number of seats in the sanctuary be expanded beyond 225, which was the number of seats approved with previous Conditional Use Permits dated May 12, 1992 and April 11 , 1995. 5, The existing wooded buffer along the southern property line, abutting section 2 of the Landstown Lakes residential neighborhood, shall remain undisturbed. 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. INTERNATIONAL CHRISTIAN CHURCH Agenda Item 5 Page 4 AERIAL OF SITE LOCATION INTERNATIONAL CHRISTIAN CHURCH Agenda Item 5 Page 5 JSJ <J.~;iftdl}'Itm[lll' N5lS;'ij om )( t:i ~''"1 z ~;:, ~:f~. ~. ~~. : ~ $ ~ ~ \ ~'- '" , m ~,. ~ ;: ~ W ..".,--<'. () 2~N '.:.' I ~ ~ \II I D I D III III III III III III III ~ :: ti :: 1ft III III I U ~e ~: III ! It .N ,,';/I' u. ~:;' PROPOSED SITE PLAN :=.~Q .1 ,= Qt I ~~1 -- I U II II 11 II ~:,~ II "'~:.. I tI ~11 < III ~>,;.. 111 ~ ~,~ III ~j:~ ] 11 "e- III :;~: 11 ",. II ~1\:$~i . --.)6 Dn:?~ II i tI--..l II II II JI II II III III III III INTERNATIONAL CHRISTIAN CHURCH Agenda Item 5 Page 6 PROPOSED BUILDING ELEVATION INTERNATIONAL CHRISTIAN CHURCH Agenda Item 5 Page 7 PROPOSED BUILDING ELEVATION INTERNATIONAL CHRISTIAN CHURCH Agenda Item 5 Rage 8 < -.- > ...l- 0 -r i' 0: '-' < ::) LL ~ I ~ 0 z (" Z '-' a:: <( ;; I-- (j)Z 0:0 I- 01-- -10 <(0 Z<(o O~~ - ::) II 1--_/-.., <(00 Z Z<(<; """'Z:j U- . ,,-.. W~J: I-- >- Cl Ztl"'\~ _"\..../-C"-J PROPOSED BUILDING ELEVATION INTERNATIONAL CHRISTIAN CHURCH Agenda Item 5 Page 9 Map H-IO Mop Not to Sc.ole 1 02/12/02 MOD of PROFFERS Granted I 01/09/01 CHANGE OF ZONING (AG-1&2 to Granted I Conditional 1-1 ) I CUP (bulk storaqe) Granted 2 01/12/99 I CHANGE OF ZONING (AG-2 to Granted I Conditional 1-1 ) I CUP (bulk storaqe) Granted 3 06/10/97 CUP (church expansion) Granted 04/11/95 CUP (church expansion) Granted 05/12/95 CUP (church) Granted 4 08/28/96 CHANGE OF ZONING (AG-1 & 2 to Granted Conditional R-5S) ZONING HISTORY I NTERNA TIONAL CHRISTIAN CHURCH Agenda Item 5 Page 10 NOI1V3IlddV SNOI1IaN03 dO NOI!V3IdIGOW ( "n \' i I I Ii " " I, " f- ;' 'Z fLU ':E LU f- oCI: 'f- CI) LU IJ:: :J I gl! I,U:,I CI) 'I ' - :' Cl ' , " "-=' "5:e ~-::; ::.E_ -=~:s ~ ~~: ~ ~ ~ ~ 'ii Ji :';""0 ;; :.r. :> ::: ~ a E ~!~i ;:)~-gg ~~E~ ..J>"=::vi ~~g~ c~:;~ ...1=..0<1> ~ ~,~i o 1/:1"0 U E~-5~- C'in c c: >. 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E " u c: g :::; .i: u '5 .c: U c: !!' u; i u <; c: 9-0 "E~ E u " " ]~ E' -= c. "' u; i;; c: t: '" 0. 5 ;i3 8- o u '" bg ~~ '" N '='E c: '" "'''' 2?o gE G: ::: .c: 0 -Co 8 ~ c ~ .~ ~ W 0-0 iJ C. i:: '" <; c: t: ~ .~. ~ g, (5 0 u.: '" ~ ~ ~ ~E' '" 0 ~~ C r::: ~g t8 ~.s oC: 0.= c: 0 .c:.c: ';0 0> 0 ~~ ~ a> u c: s: ~ ~E ~ ~ " :> .. . ~ ~ 11 ~ ~ Co ~ c ~ c- ;r. -, w ., ,. NOI!VJllddV SNOI!IGNOJ ~O NOI!VJI~IaOW DISCLOSURE STATEMENT INTERNATIONAL CHRISTIAN CHURCH Agenda Item 5 Page 11 z z cd:: cd:: cd:: >- ~ z cd:: N cd:: CD cd:: N 0 ::> ::> ...J :5 Cf) CD a. 0 w -l () 0:: .- Cf) 0:: <{ 0:: <{ Z >- Z W W ~ ~ Cl. .- CO <{ 0 0:: 0:: > :I: .- U ...J <{ LLl 0 0 () 0:: 0:: LLl ~ 0 ~ 0 I 0:: lJ... a::: ill UJ ::> -l ...J -l :J C/) CO > ~ W Z I cd:: 0 :I: ~ 0 <.: cd:: 0 0 LLl U 0 () 0 0:: J Cf) cd:: 0:: 0 0:: cd:: Z I- et (.) i= w ~ C/) C ~ :I: u.. () 0 ..J 0 et ~ Cf) z et UJ 0 0 Z (/) i= m <{ N ill et ~ cd:: 0 ill -l Z 0 0 0 N c::: w 0::: a. 0 0 >- 0:: Z w ~ (9 W ~ .- Cf) :5 UJ w Z cd:: Z I- <{ a. z ::> CD 0 0:: <{ Z () <{ 0 ::> CD 0 0 0:: CD 0 0:: ill <( Z <( 0 !.J.. 0 0 ::> z 0 I >- 0:: 0 .- UJ LU a. ~ <{ ...J -l (/) (f) ...J W c::: 0 -l :?E () 0 0 <( 0 z a. ~ J J 0:: J 0:: Z W <( DISCLOSURE STATEMENT INTERNATIONAL CHRISTIAN CHURCH Agenda Item 5 Page 12 Item #5 International Christian Church Modification of Conditions 2969 Holland Road District 7 Princess Anne September 12, 2007 CONSENT Janice Anderson: The next matter is agenda item 5. This is the application of International Christian Church. It is for a Modification of Conditions that were approved by City Council back on May 12, 1992, April 11, 1995, and June 10, 1997. This property is located at 2969 Holland Road, Princess Anne District. Mr. Bourdon. Eddie Bourdon: Thank you Ms. Anderson. For the record, Eddie Bourdon, I'm a Virginia Beach attorney representing the applicant. The five conditions recommended in the staff evaluation are acceptable to my clients. Again, we appreciate being on the consent agenda. Janice Anderson: Thank you Mr. Bourdon. Is there any objection to this matter being placed on the consent agenda? The Chairman has asked Ms. Dot Wood to review this application. Dorothy Wood: Thanks J an. As Ms. Anderson mentioned, this is a property that is located at 2969 Holland Road. A Conditional Use Permit permitting the church was approved by the City Council in 1992, and was modified twice, first in 1995 and again in 1997. The most recent approval was for the expansion of the parking area for an additional 21 spaces. The church proposes to replace a 50 year old converted dwelling with a two-story 80 foot by 80 foot gymnasium. The Comprehensive Plan designates this area as the Primary Residential Area. The request for the addition of a gymnasium is recommended for approval. The site is in an AICUZ of greater than 75dB and within the APZ2 surrounding NAS Oceana. Janice Anderson: Thank you Ms. Wood. Mr. Chairman, I would like to make a motion to approve agenda item 5. Barry Knight: There is a motion on the floor by Jan Anderson and seconded by Gene Crabtree to approve agenda item 5. I'll call for the question. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE Item #5 International Christian Church Page 2 HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item 5 for consent. - 38- Item V.K.3. PLANNING ITEM # 55799 (Continued) Voting: 9-1 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: James L. Wood November 14, 2006 - 37- Item v'K3. PLANNING ITEM # 55799 William (Bill) Gambrell, Land Planner, 207 23'" Street, represented the applicant, and advised this modification actually moves the event further from the neighborhood. With this event, timing is important and Mr. Gambrell requested the application not be DEFERRED. This modification is to allow an existing permit to include Christmas displays. Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council MODIFIED Conditions upon application of J. D. and RANDI VOGEL for a Conditional Use Permit (approved November 9, 2004): ORDINANCE UPON APPLICATION OF J D. AND RANDI VOGEL FOR A MODIFICATION OF CONDITIONS OF A CONDITIONAL USE PERMIT (APPROVED November 9. 2004) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of J. D. and Randi Vogel for a Modification of Conditions on property located at 2388 - 2400 London Bridge Road (GPIN 2405900693). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The relocation of the commercial recreational facility shall substantially adhere to the submitted plan showing the relocated pole barn entitled "Preliminary Subdivision Plan of Site A-i, Princess Anne Hunt Club, Inc. for John Vogel" dated February 2. 1987, updated 6/8/9, prepared by NDI, LLC Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department, 2. All conditions attached to the Conditional Use Permit granted by the City Council on November 9, 2004 remain in affect: a. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. b. Hours of operation shall be 9:00 AM until 9:00 PM from Thanksgiving to New Years Day annually. 3. This Application shall be for one vear onlv with the applicant to resolve Halloween concerns before the next Halloween Season. November 14, 2006 ~~e;;.2:;,.. ~~1- .....~;~. :::'"'f .. '~\~.) .'-i. ..'>, "~:~~lj -........... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of John D. & Randi Vogel for the Modification of Conditions for a request approved by City Council on October 11, 2006. The property is located at 2388 - 2400 London Bridge Road (GPINs 2405900218, 2405900607). DISTRICT 7 - PRINCESS ANNE. MEETING DATE: October 23, 2007 . Background: A Conditional Use Permit permitting a commercial recreational/entertainment facility was approved by the City Council on November 9, 2004. The purpose of the Use Permit was to allow a seasonal display between Thanksgiving and New Year's Day. This Conditional Use Permit, with two conditions, was then approved by City Council for a Modification of Conditions on November 14, 2006 with a one year expiration. The conditions attached to the Use Permit are as follows: 1. The relocation of the commercial recreational facility shall substantially adhere to the submitted plan showing the relocated pole barn entitled "Preliminary Subdivision Plan of site A-1, Princess Anne Hunt Club, inc. for John Vogel" dated February 2,1987, updated 6/8 prepared by NDI,LLC Basgier and Associates Division. Said plan has been exhibited to the Virginia Bach City Council and are on file in the Virginia Beach Planning Department. 2. All conditions attached to the Conditional Use Permit granted by the City Council on November 9, 2004 remain in affect: a. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. b. Hours of operation shall be 9:00 AM until 9:00 PM from Thanksgiving to New Years Day annually. The approval by City Council is to expire on November 14, 2007. The applicant is requesting removal of the one year time limit. John D. & Randi Vogel Page 2 of 2 The City Council placed the one year time limit on the Use Permit due to complaints from surrounding property owners that the activities occurring on the site, particularly the Hal/oween events, were adversely affecting the area. At the November 14, 2006 City Council Hearing, City Council members heard of issues dealing with another seasonal activity at this site that caused some concern. Some of the issues raised were noise, parking and traffic concerns, primarily related to the Hal/oween activities on the site, which is covered by a separate Use Permit. The City Council agreed to approve the subject Use Permit for one year with the understanding that the applicant would meet with and address the issues enumerated by the surrounding property owners. The verbatim minutes from the November 14, 2006 City Council hearing on this Use Permit are included at the end of the attached report. . Considerations: As noted above, the City Council gave the applicant a one-year time limit on the current Use Permit, emphasizing to the applicant that noise, traffic, parking, and related issues raised by surrounding property owners regarding the various activities occurring on the site must be resolved. The applicant, however, has not resolved the issues with the homeowners brought up during the November 14, 2006 City Council hearing. Thus, Staff recommended to the Planning Commission that the request to remove the one year time limit, which expires on November 14, 2007, should not be granted. There was opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve extension of the Use Permit to July 30, 2008, aI/owing this year's activities to continue and the applicant additional time to resolve issues with the surrounding property owners. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends denial. Planning Commission recommends approval to expire on July 30, 2008. nUAgez %=-rtmem 1f REQUEST: Modification of the Conditional Use Permit approved by the City Council on October 11 , 2006. sdB'tdti ~ o.~ ' JOHN D. & RANDI VOGEL Agenda Item 7 September 12, 2007 Public Hearing Staff Planner: Karen Prochilo ADDRESS / DESCRIPTION: Property located at 2388 - 2400 London Bridge Road. GPIN: 2405 9006930000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 15,694 Acres or 68360.64 square feet SUMMARY OF REQUEST The Conditional Use Permit permitting a commercial recreational/entertainment facility was approved by the City Council on November 9, 2004. The purpose of the Use Pennit was to allow a seasonal display between Thanksgiving and New Year's Day. This Conditional Use Penn it, with two conditions, was then approved by City Council for a Modification of Conditions on November 14, 2006 with a one year expiration. The modified conditions are as indicated: 1. The relocation of the commercial recreational facility shall substantially adhere to the submitted plan showing the relocated pole bam entitled "Preliminary Subdivision Plan of site A-1, Princess Anne Hunt Club, inc, for John Vogel" dated February 2,1987, updated 6/8 prepared by NDI,LLC Basgier and Associates Division. Said plan has been exhibited to the Virginia Bach City Council and are on file in the Virginia Beach Planning Department. 2. All conditions attached to the Conditional Use Pennit granted by the City Council on November 9, 2004 remain in affect: a, The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Pennits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. JOHN D. & RANDI VOGEL Agenda Item 7 Page 1 b, Hours of operation shall be 9:00 AM until 9:00 PM from Thanksgiving to New Years Day annually. The approval by City Council is to expire on November 14, 2007. The applicant has requested to remove the one year time limit. The City Council placed the one year time limit on the Use Permit due to complaints from surrounding property owners that the activities occurring on the site, particularly the Halloween events, were adversely affecting the area. At the November 14, 2006 City Council Hearing, City Council members heard of issues dealing with another seasonal activity at this site that causes some concern. Some of the issues raised were noise, parking and traffic concerns. The City Council agreed to approve the subject Use Permit for one year with the understanding that the applicant would meet with and address the issues enumerated by the surrounding property owners. The verbatim minutes from the November 14, 2006 City Council hearing on this Use Permit are attached at the end of this report. The applicant has not followed the City Council's instructions from 2006, and desires only that the one- year time limit be removed from the subject Use Permit. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Rural commercial SURROUNDING LAND USE AND ZONING: North: South: · Rural residential / AG-2 Agricultural District · Across London Bridge Road is single-family residential / R-10 and R-20 Residential Districts · Single-family dwellings PD-H2 (R5D) Planned Development District and R-20 Residential District · Rural residential / AG-2 Agricultural District East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resource features on the site. The site does possess some cultural interest since it is one of the few remaining agricultural complexes north of the Green Line. AICUZ: The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. A small corner of the property is in the Greater than 75 db Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): London Bridge Road in the vicinity of this application is considered a four-lane divided minor suburban arterial as is designated on the Master Transportation Plan (MTP). There are currently no projects to upgrade JOHN D. & RANDI VOGEL Agenda Item 7 Page 2 this roadway. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume London Bridge 20,000 ADT 28,000 ADT 1 (Level of Existing Land Use ~- Road Service "C") 100 ADT Proposed Land Use 3 - unchanged Average Dally Tnps 2 as defined by recreational activities 3 as defined by same as existing Recommendation: Staff does not recommend approval of this request to remove the one year time limit. EVALUATION AND RECOMMENDATION Evaluation: As previously noted in this report, the City Council gave the applicant a one-year time limit on the current Use Permit, emphasizing to the applicant that noise. traffic, parking, and related issues raised by surrounding property owners regarding the various seasonal activities occurring on the site must be resolved. The applicant. however, has not met with the homeowners to discuss or resolve the concerns brought up during the November 14, 2006 City Council hearing. Thus, Staff recommends that this request to remove the one year time limit, which expires on November 14, 2007, should not be granted. The current conditions. listed at the beginning of the report, remain in affect until November 14 2007, at which time, the Use Permit will expire. JOHN D. & RANDI VOGEL Agenda Item 7 Page 3 AERIAL OF SITE LOCATION JOHN D. & RANDI VOGEL Agenda Item 7 Page 4 ;.:.,L~~ .,l'='=-=::"':"I-:;W;;'~ . -.;;=-.r~ t'! i : t;:\ . 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I" II PROPOSED SITE PLAN JOHN D. & RANDI VOGEL Agenda Item 7 Page 5 €'- Modific.:-ation of Conditions 1 04/12/05 Subdivision Variance Granted 10/22/91 Conditional Use Permit (Recreational and amusement facility) Granted 01/28/85 Conditional Use Permit (Addition to a kennel) Granted 2 11/09/04 Conditional Use Permit (Commercial recreational facilitv) Granted 04/12/92 Conditional zoninQ from AG-2 to B-2 Granted 3 OS/23/00 Conditional Use Permit (Recreational of an outdoor nature) Granted 4 08/25/92 Conditional Use Permit (Truck rental) Denied ZONING HISTORY JOHN D. & RANDI VOGEL Agenda Item 7 Page 6 NOI1VJllddV SNOI1IGNOJ dO NOI1VJI~IaOW I r- Zi ILl :::E, ILl: r- <l: r- (/) ILl, ,,0:: il:~I., , 0' : -li Il~\ -u7-: -t) '= ~(; ~2 E~, ~ j ?3 E ~~~ ~ ~ f i K r :> Q :f. U)~:S~ u.. _ 0';: ~!~~ ~;ii ~ rJJ S2"'~ 051.;;'2 =g-6~- g~s~~ c:(~~~~ -' u l.,..' jf!~ -:= o..ftI-7:: ~lil oX c..' 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(,o~ r-.. lie. - i "J,-= "J< \ ,~~~ '\.-i"J~ .:.;. Ie. :- ,. /i g ;;: C 0. 1:: " .... 015 O!:~ "' " :.. c :: <e ~~ g~ <e " -0. i~ t ~ ~~ Co " r: "0 ~ 0 0."' Q"' <e " ~...~ :;: g;gE -~ ~"'E ~~ ...J~.;cr:~ ~~.t~~~ O'!J~:@=:~ 0:::.... Q)~~V) W~~Q1::~ ~s~~~R e~~~~~ ~g.~~~~ ~~e.rj ~~ 0;' 8 _ :: .0 ~~~"i~~ ~ ~ > ~~~~g ~gG8.~ ~t~Ko. ~ ~ R~ * -ao.~~~ 5G -1; u:::_~ ;; 12 '" :: '" .;: E " ~ ;; a. 2 E (; 0. s: '" " ~~ 01: <1:2 ~ c '"- '= co: ~ " o C. ~o ~ u ~S o c "- ~ o.~ '" '" r:r: =0 ~ Q ~~ i 0> '.) c BE ~ o 0- 0- on ,. ,"" ~ t: ;3 iO o ", c. g g ~ ~ o NOI1VJI1ddV SNOIllaNOJ ~O NOI1VJI~I(lOW c. ~ ~ '" c. c DISCLOSURE STATEMENT JOHN D. & RANDI VOGEL Agenda Item 7 Page 7 "? 1 VIRGI:NIA BEACH CITY COONCIL November 11, 2006 6:48 p.m. FORMAL SESSION ORDINANCE UPON APPLICATION OF J. D. AND RANDI VOGEL VER:BUJ:M CJ:TY COWCn. Meyera E. Oberndorf, Mayor Louis R. Jones, Vice-Mayor William R. DeSteph Harry E. Diezel Robert M. Dyer Barbara M_ Henley Reba S. McClanan John E. Uhrin Ronald A. Villanueva Rosemary Wilson James L. Wood At-Large Bayside - District 4 At-Large Kempsville - District 2 Centerville - District 1 Princess Anne - District 7 Rose Hall - District 3 Beach - District 6 At-Large At-Large Lynnhaven - District 5 CIn JQNJl.GBR: CIn ATTOltNZy: CITY CLZRIt: JllIlleS K. Spore Leslie L. Lilley Ruth Hodges Fraser, MMC DEPUTY CITY CLERK SARAH DEAL JENKINS JOHN D. & RANDI VOGEL Agenda Item 7 Page 8 2 C7TY C~RK: The next item is the Application of J. D. and Randi Vogel for the modification of conditions of a Conditional Use Permit at London Bridge Road for a recreational facility. Bill Gambrell is representing the Applicant. MAYOR OIlEIlNDORF: Good evening. W7LLUlM GAMBRELL: Madam Mayor, Members of Council. COUNCIL LADY BERLZY: Maybe I can just interrupt. Our concern is that we've heard some issues about some of the other parts of the operation and that we're not comfortable in dealing with just one part of the operation and not being able to have folks who had comments about some of the other operation not being able to make comments. So, I think I need to ask Mr. Scott how we might proceed. ROBERT SCOTT: Well, there's a number of different use permits that together govern these activities on this piece of land. In fact, there's a number of those use permits, doesn't bother me very much. I don't think that creates a real problem in dealing with this. It appears that there's some condition -- well, first of all, let me say we don't have anything that would indicate that any of the conditions you have placed previously on these are being violated in any way. It appears they're in keeping with the conditions, but it also appears that in some cases the conditions may not be adequate to alleviate all of the neighborhood concerns. So, we would like to talk with the Applicant about that, in conjunction with changing possibly some of the conditions that Council might see fit to modify for the sake of the Applicant's benefit. So, we would like to enlarge the discussion with the Applicant a little bit, looking at all the conditions that pertain to all the activities on this site, and see if we can strike an appropriate balance that is probably more in keeping with the needs that are out there in the community today. And to do that, I think we may have to defer this for a short period of time in order to have that discussion. 1nLL7AM GAMBULL: Madam Mayor, Mrs. Henley, I did listen to your earlier discussions, and I do understand the concerns that were raised regarding a Halloween event. And my reason for not wishing for a deferral on this particu1ar Application this evening is because of the timeliness of being able to set the event up and being able to JOHN D. & RANDI VOGEL Agenda Item 7 Page 9 3 have this event go forward in this new barn. They can do this event in the existing barn. There's a Use permit_ They can do the event in the existing barn. This is a modi~icatioD, so it actually moves the event farther from the neighborhood. We'~l also tell you that we absolutely don't have any objection to working with the staff to see what else we can do. And we've already met with the Vogels to talk to them about what they can do, and they do want to take steps to preserve all of the good neighbors they have. I will tell you, also, I don't believe in the last fifteen years since the original Use Permit was granted that you've ever previously had a complaint like I understand you've had now with regard to the Halloween event. But this particular event, timing is so important because it takes a good amount of time to set displays. While we could do it in the front barn where it is already permitted, and the Hal~oween event is separated as a separate issue, and the corn maze is also separated, I would liken that for you to a shopping center that might have a number of permitted uses, but a couple of different uses that require a Use Permit; like, an auto sales facility or a rental or even a church, where each of them have conditions attached to them that are really dedicated towards that particular use. But in this situation this evening, this is only a modification of the conditions for the Use Permit that already exist for them to allow the Christmas disp~ays. So, if we defer the item tonight, the only thing that we accomplish is that the new barn that the Vogels have constructed wouldn't be a~lowed COOHCXL LADY HZHLZY: You said "constructedn, so they've already constructed the barn? This says that they're going to yet build it. WJ:LLXAK GAMBOLL: No. They've constructed the barn, and the barn can be used. The barn is intended to be used for a number of different things, but the Christmas disp~ay happens to fit nicely into this new barn and did play into their idea of going ahead and constructing a new barn on the property. But there's an eXisting barn on the property that is permitted for this use. This new barn was intended to pull folks away from the front of the site and where the existing barn would -- it would be 1ess intrusive, although they've never had a prOblem with any Christmas disp1ays that they've done in the past, but it real1y moves it ~arther back from the site. JOHN D. & RANDI VOGEL Agenda Item 7 Page 10 4 So, I understand the concerns about Halloween, and the Vogels are absolutely willing to work with the neighborhood and the staff to see what changes they can make or have already made, because I don't think you've received any complaints after the initial complaint. And I heard your conversation about noise, and the Vogels don't believe for a second that there aren't uses or mechanisms in place that would require them anyway, regardless of a Use Permit, to not affect their neighbors. And I can tell you, on that particular Use Permit this is the very first time in, I think, probably fifteen years that they've had any kind of complaint that's ever been brought to you. And I have paid attention to it with the staff, also, to make sure that no complaints had come to the staff regarding any of the Use Permits on their Application. KArOR OBERHDOJU": Mr. Uhrin? COUNCI~ ORRIN: To that end, Mr. scott, is there something else in here, other than deferring this particular Conditional Use Permit, that can trigger something that would allow us to take a look at the Halloween Conditional Use Permit? ROBERT SCOTT: Well, I can think of two alternatives you have. One is the one I've just outlined to you, which maximizes your leverage but really gives the Applicant I'm assuming that Christmas activities usually start right after Thanksgiving, and that's just about upon us. COUNCIL1iAN UHRIN: The store is already decorated, it that's any indication. ROBERT SCOTT: The other alternative is to take the Applicant at his word and approve the Application that you have in front of you for one Christmas season only, and make it incumbent upon him to make the necessary adjustments for his Halloween activities before he comes forward for further activity on next year's Christmas. I'm just giving you that as an option you might want to consider. COUNCI~ UHRIN: We can't just pull and do something with a Conditional Use Permit that's associated with a Hal~oween event? ROBERT SCCT'r: No. CO~CI:~ UHRIN: We can't. JOHN D. & RANDI VOGEL Agenda Item 7 Page 11 5 ROBBRT SCOTT: He's in compliance with the conditions that you've set. He can't be found at fault there. The indication is the conditions are inadequate on these needs. WZLLXAM GAMBRELL: And we would absolutely accept an additional condition on this Application to come back here in a year and between now and then come to the statt and work on how we can better ensure that we don't have complaints that come before you. MATOR OBBlUtDORI': Mrs. Henley, I'll come back to you. Mr. DeSteph? COaNCX~ DBS~PH: On this, r understand the recommendation that's written here, and I understand the recommendation by Mr. Scott, and r also understand that this would actually, from a business perspective, would have a financial impact if we did not approve this today. But it sounds like we could approve this today with a one-year conditional Use Permit and then address the other one on the Halloween at another time; is that correct? And then can we do a substitute motion ROBERT SCOTT: That's what I'm saying. COaNCX~ DBS~PH: -- for that? ROBERT SCOTT: And furthermore, yes. The answer is yes, that is correct, but there needs to be established on your part the expectation that the second season or any subsequent seasons for Christmas are not going to be favorably looked upon unless the Halloween problems are satisfactorily resolved. MAYOR oummoar: Mrs. Henley, are you comfortable with that? COaNCn. LADY BBHLBY: Well, I was just contused because our write-up says that the Applicant is new barn towards the rear of the site So, you say how o~d ~s this barn? now proposing to build a to house this activity. WXLLXAN GANBRBLL: The barn was start -- construction on the barn was started shortly after this Application was filed, so when I think Karen prochillo did the original review of it the barn hadn't begun construction, was going to be constructed, meets all the setbacks, and is a permitted use by right without any Use JOHN D. & RANDI VOGEL Agenda Item 7 Page 12 7 M1>YOR OBERND01U': Are we ready for the question? CXTY C~: By a vote of 9-1, you have approved the Application tor one year and to resolve the concerns and come back before the next Halloween season. WXLLXAN GAMBRELL: Thank you very much. I think we will be very happy with the changes that we can make. Thanks, again. M1>YOR OBBRNDORF: Thank you. (Whereupon, the discussion of this matter was concluded. 1 JOHN D. & RANDI VOGEL Agenda Item 7 Page 13 Item #7 John D. & Randi Vogel Modification of Conditions 2388 - 2400 London Bridge Road District 7 Princess Anne September 12, 2007 REGULAR Barry Knight: We will open the public hearing session of our Planning Commission. I will ask the Secretary, Mr. Joe Strange to call the first agenda item to be heard please. Joseph Strange: Thank you Mr. Chairman. The first item to be heard is item 7, John D. & Randi Vogel. Application of John D. & Randi Vogel for the Modification of Conditions for a request approved by City Council on October II, 2006. The property is located at 2388 - 2400 London Bridge Road, District 7, Princess Anne. Bill Gambrell: Mr. Chairman and members of the Planning Commission, my name is Bill Gambrell. I represent the applicant. Thank you for having me here today. I have a letter in a package that I've given to Karen earlier. If it is okay, I'm going to pass it around to you. This package includes letters of support for the request. It also includes a policies manual to develop the forms to address any issues that have been coming up. And, I think that is all that is in there. Primarily, there are letters of support. There are an awful lot of them. I would like to start offtonight by saying thank you for approving this application twice before unanimously without any conditions. I would also like to tell you that it is a great event that these folks have out there. This particular event that is in question tonight and this afternoon is the holiday event, the Christmas display event that happens in the back barn of the property. It is not close to the front of the property. It is almost all indoors. It really doesn't generate a lot of noise. But you have approved it a couple oftimes before. I don't know if you received a lot of complaints, but you probably haven't received any complaints about this particular event. I wasn't sure how to present to you. I think you have some history in your agenda that gives you the Council's rationale or discussion about why there is a one-year condition on this application. It came about last year because a couple offolks called and complained about the Halloween event. The Halloween event, also in the minutes, tells you that the Halloween event has been going on for 10 years. It is not a subject to conditions. It doesn't have a time limit on it. It has two conditions. The Vogel family and Hunt Club Farms have never been cited for doing anything wrong at that event. The Zoning Administrator, I think includes that in her testimony to Council. The reason why we are here, I believe, is because of the Halloween event and not the Christmas event. I don't want to muddle that too much. I just want to tell you that Council asked last year to please go back to the residents. Reach out and see what we can do to address any concerns that came up. In doing this, what the V ogels decided they would is adopt a policies and procedures manual that addresses what the staff is really suppose to do on the site. How they operate the event. And then provide the neighbors an opportunity to comment on that, and also to have an access to the Vogel family in the event that they do have additional concerns in the future. The package, like I suggest, the package that I gave you outlines letters of support. Hunt Club Farms is a unique community. It is about 18 different property Item #7 John D. & Randi Vogel Page 2 owners that live on this tract of land. And they have different issues and some times they come up at any public hearings but they really aren't germane to the application that the Vogel's have filed. Sometimes there is a question of who is going to pave the road or should it be paved or should it dust? And sometimes there are questions about whether somebody should be able to build something in particular on the property, because it is a unique site. It was developed probably 30 years ago. Several farmettes, that don't have a single ingress/egress to a public street except for this one road, which is primarily owned by Mr. Vogel and Mr. Smith. All of the other residents back there have an access across the road. It is an easement. That becomes an issue from time to time but it doesn't really relate to the event except if maybe the event might mess the road up a little bit more. Rather than trying to make this a long discussion, I would like to be more like Stephen White. I listen to him this morning. He can really make complicated things simple and short and give you all the information that you need quickly. I'll talk to you. If you have questions, I'll answer them. Ifthere is anybody here in opposition to this application, I don't know ifthere will be, but there hasn't been in any of the public hearings regarding this item. I'll stand back and answer questions or if you need me for anything in here. Barry Knight: Thank you Mr. Gambrell. Are there any questions for Mr. Gambrell at this time? Mr. Bernas. Jay Bernas: Hey Bill. How are you doing? I see you have this policies and procedures manual, and how did you share it with the residents? Did you drop it mailboxes? Bill Gambrell: No. We didn't drop the policy and procedures manual. We sent letters. The letters we sent asked them to contact us, and that if anybody was interested, we would let them know that we have this policies and procedures manual, and if they wanted to give us additional comments. The offer is opened indefinitely. The Vogels really want to be good neighbors. But the way they were explained if they called they were told and it was shared with them. The people who called are the people who were in support. We did get a couple ofletters from folks, and like I said, I don't think the letters that we got are really about this particular event, although there were three other things in that manual that the Vogel's did do to address some of the concerns that had been raised. One of them is the parking, and that is they have provided all the residents there an opportunity to use their private driveway to access their properties in the back of the farm. They have also taken the circulation pattern and made it one way in and one way out. I think there is a map in there that shows them. And then they relocated the parking from the front of the site to the back ofthe site adjacent to where the work farm is where the holiday event is. They have also a section in there regarding noise. In each of their events, they are going to have some one in particular go out and monitor, walk the perimeter of the site. They tell you they use walkie-talkies and the frequencies that they use. They are going to absolute pay attention to make sure that noise that might come from the events. And nothing really comes from this Christmas display. But the Halloween thing does get loud, and they are going to walk the property and anytime they find that the noise levels are higher than they should be, they are going to address it by turning things off and quieting things down. They will do whatever they need to do to make sure it is quiet. Item #7 John D. & Randi Vogel Page 3 Barry Knight: Mr. Gambrell, we do have three people signed up in opposition. We will listen to them. Are there any other questions for Mr.Gambrell at this time? Thank you Bill. Joseph Strange: The first person speaking in opposition is Carole Johnson. Carole Johnson: I had to see whether it was morning or afternoon. Barry Knight: Welcome ma'am. Carole Johnson: Good afternoon. Barry Knight: Please state your name for the record. Carole Johnson: My name is Audrey Carole Johnson. I live at 2336 London Bridge Road, which is a six-acre parcel back inside the Hunt Farm Club area. Barry Knight: Ma'am. There is a laser up here on the left of the podium. If you would pull that off the Velcro, push that button. Maybe you can point to where your house is? Carole Johnson: I can tell you that I'm Lot 13. I don't even have my bearings. I see London Bridge. Okay, there it is. Where is the entrance? Is that the barn? I take the road in. This is the road where the yellow is and go back this way. My property is one of the properties that has to use this road to go back into six-acres. Two of us just recently built homes at the same time from October. Ed Weeden: Ma'am, you speak into the microphone please? Carole Johnson: Yes. I back in six-acres and my next door neighbor, John Sweeney and I just built homes there. I've owner property for about 5 years and just recently built. My opposition is not to the events really. I do think that the events are great family events. In the five years that I've owned the property, I've seen not just the Halloween but also the Christmas events and other events dramatically increase in size, which is great from a business point of view. But the surrounding roads and things like that to include the road that we share to get in and out have not been changed to accommodate the tremendous change in volume. And despite what I just heard, the efforts to work with the neighbors have been more driven by the neighbors asking for the road to be maintained better than it has been. There was a recent flurry of support this summer, interestingly enough before this Conditional Use, and it did get dramatically improved from what it had been. It has been an outgoing problem to keep that front area where which is where all the business traffic is, and that is germane to the point being made. And even though we got a letter August 22,2007, actually after that, we weren't offered even when I did correspond with Ms. Vogel, to get a copy of the policies. That wasn't offered in the letter. And none of the property owners back there got the letter. I think there is a number of pieces of correspondence to you from several of the property owners that went into Karen Prochilo, which I appreciate you using. My note to her simply said perhaps Item #7 John D. & Randi Vogel Page 4 the new procedure they are proposing needs some experience as well to see if that is going to improve the safety and the traffic that is dramatically increased. Thank you. Barry Knight: Are there any questions for Ms. Johnson? Ms. Wood. Dorothy Wood: I hope that you enjoy your home on six-acres. It sound wonderful. Carole Johnson: It is a special place. Dorothy Wood: I bet it is. The road was this a city road or is this a road that you put in? I don't quite understand that road that you use. Or is a road that the Vogel's put in? Carole Johnson: I don't know. It used to be Hunt Club. It is my understanding and I'm one of the newest members. There was like 220 acres back there, and there was an initial road that was put in many years ago. Over the years, I think, additional roads may have been added but so it is a common road. The deed says that we share it. Dorothy Wood: So you don't know who maintain it? Do all of you maintain it? Carole Johnson: We have struggled to come to a common satisfactory approach for everybody. The latest meeting in May, Mr. Peter, Mr. Vogel, nor Mr. Smith chose to attend. They sent Ms. Vogel, who said they absolutely did not want to pave it although nine of the owners back there offered to spend 50 percent of the cost that to pave the first part because it is so dusty. And, the ongoing maintenance was very costly. Up to this point, anything this recent July change in the road we shared in the cost of maintaining it even though the volume of traffic is a hundred times more driven by the business then the five or six property owners that go back and forth. Barry Knight: Ms. Anderson? Janice Anderson: Thank you. Ms. Johnson, your desire is to have it paved or are there potholes? Carole Johnson: Over the past five years, Mr. Moffett, who is a property owner back there, is pretty much the lead, even though he lives back close to where I live, to do something about maintaining the road. And over the years where I have been involved we have had many meetings. There have been a lot of solutions, always shared cost among the property owners that were willing and could afford to help pay. IN January, when the road got so very bad, Mr. Moffett and several of us initiated another meeting with the V ogels. Janice Anderson: Is this just the entrance part that would be used by? Carole Johnson: That is the part that is the most problematic. It is clearly driven. I mean, there are hundred of school buses that go in there, and hundreds of cars. Now we're talking about from Halloween all the way past through Christmas, it is going to be a high Item #7 John D. & Randi Vogel Page 5 volume. Again, all of our correspondence says this is not about trying to hinder the Vogel's business or the great things that they offer there. But there are safety concerns. mean, I can't tell you the two or three times coming in. There are bushes right there where kids have darted out. And many small children go to these events. Again, I think there are solutions. It has been difficult to get agreement. Mr. Vogel and Mr. Smith, without coming to the meeting said, "I absolutely will not agree to paving that part of the road". They did work on the crushed concrete and they asked us to share in the expense of that even though none of us agreed that was the best solution. Janice Anderson: Has that improved? Carole Johnson: Yes it did improve this summer. Again, it wasn't initiated by either of those two owners. It was initiated by the other members back there. Barry Knight: Are there any other questions for Ms. Johnson? Mr. Horsley? Donald Horsley: So, there is no association or anything that takes care. You don't have a Homeowners Association back there that is responsible for the care and of the road? Carole Johnson: No sir. It is very informal. What it is that each owner whose property is adjacent to that owns halfway into the road. Once Mr. Vogel and Mr. Smith throug~ Ms. Vogel said we're not paving it, the nine of us that agreed that was probably the best way to go. We could do nothing because it is literally not our road. We had talked and it had come that maybe we should have an association. And then you got to pay a lawyer and then you got to do this and that, and we just can't seem to get it together as a group, which I think we should be able too. There is along history, as I understand it. Longer then I've been there about this particular property. Barry Knight: Ms. Johnson, how long in length would you say that first portion of road that you are asking to pave is? Carole Johnson: I know that somebody here knows that answer to that, but I would say maybe a quarter of a mile. Barry Knight: We'll ask them when they come up if they are going to speak. Carole Johnson: I think Matt is going to speak. Barry Knight: That will be fine. I'll ask him. Are there any other questions for Ms. Johnson? Thank you ma'am. Carole Johnson: Thank you. Joseph Strange: Our next speaker in opposition Matthew Preece. Barry Knight: Welcome sir. Please state your name for the record. Item #7 John D. & Randi Vogel Page 6 Matthew Preece: My name is Matthew Preece. I apologize that I don't know protocol at these things but hopefully I can explain my position that I share with the neighbors back th ere. Barry Knight: Sure. Matthew Preece: I've been a resident of that community for over 10 years. I think the point of contention is that the neighborhood, the character, the flavor of the neighborhood has changed dramatically since the Hunt Club first started the Haunted Hayride. The homes being built back there now are 6,000, 4,000 and] 0,000 square foot homes going back there. We really struggling with the fact that we are on a dirt road that we mutually travel. Our issue is that for the month of October, our ingress/egress is almost completely blocked. We have lines of schools buses, lines of children. Sometimes there can be 40 to 50 minute wait just to turn into Hunt Club to get back to our own homes. ]t makes it almost impossible to leave in the evenings to go out to dinner, and to take care of things that you might want to do. ] understand that Randi and J.D. have come up with some things that might help alleviate that concern but it is still kind of a no win situation. And, what the point of contention is primarily. This is where we all turn in at. And this portion of road here is where a lot of parking takes place with the school buses. This is where we can't get through. The new barn is back here. This is where they want to do the new Christmas display. My concern with that is before all the activities took place in this portion. If they start pulling cars back here for Christmas display to the degree they do with the hayride, then we are going to have a tremendous issue. The hayride was never, ten years ago was never this big. There was no issue with it. Do I need to worry about this? Barry Knight: 45 seconds. Matthew Preece: Okay. I'm sorry. Some of my concern is that some of the Christmas display will turn into what the Hunt Club hayride has, and it would be impossible for us to live back there. Dorothy Wood: May I ask him a question? Barry Knight: Yes. Ms. Wood. Dorothy Wood: This would probably be for Mr. Whitney? But what about if they needed rescue or fire back there when the school buses were unloading or the Christmas displays? Is there any other alternative way for rescue or fire department to get back there? Jack Whitney: I don't know if we received any comments on that issue Ms. Wood, as far as the review. But we would find a way to get back there. This is a private road. But the emergency vehicles would find the best way to get back there. Dorothy Wood: Is that a concern with the City? Item #7 John D. & Randi Vogel Page 7 Jack Whitney: It has not surfaced as part of the inter-department review. No ma'am. Dorothy Wood: Okay. Thank you. Barry Knight: Mr. Horsley. Donald Horsley: Would you take that laser and show us where you go in and show us where. You say the school buses go in there? Matthew Preece: Yes sir. This is the turn-around space. And, there mailboxes here as well, and a lot of times we won't get mail because the school buses will block the mailboxes. The school buses park in a line. Donald Horsley: The yellow line is actually the road that goes back there? Matthew Preece: Yes sir. Donald Horsley: That is what I thought. It goes back, and then you said the new barn, and it is all back here. Matthew Preece: Right there. Donald Horsley: And the only way to get back there is by the means of that road? Matthew Preece: See. That is the catch. This is what we really prefer. If you look at the map, this is Hunt Club's other alternative access road. This is a kennel. This is where Randi and J.D. live, and this is their own private road. There is really nothing that keeps them from using their own road to get to this new Christmas display. They don't want to do that is because all of there infrastructure is here. This is where they would prefer to come in at because this is where it has always happened. But this inconveniences a lot of people where they could use their own private road, and this is what we're really hoping for. Donald Horsley: Okay. Thank you. Barry Knight: Mr. Crabtree? Eugene Crabtree: Just a comment. Last year at Christmas, the parking was out adjacent to the new barn. That whole field was used for parking. Why can't the school buses park out there during the event and go back there and park, and let the kids walk up front in stead of blocking the road? If they use that field for parking like they did during Christmas last year, it would eliminate the parking problem and blocking the road. And you could get in and out. Matthew Preece: We would love that. Eugene Crabtree: They can still use that. The only thing they need to do is use that open Item #7 John D. & Randi Vogel Page 8 field for parking instead of parking along side the road. It looks like tome that would be a solution. Matthew Preece: Yes sir. And they also lease a significant amount of other acres right adjacent to those they could also use for parking. The key is honestly to give the school buses off the road and the Haunted Hayride traffic and extra Christmas traffic off the road and convenience them to use their own road. I think they will see that once they have to use their own road what kind of affect it has on them. Barry Knight: Mr. Henley. AI Henley: How many additional school buses are there? Matthew Preece: Honestly, I cannot guess but I would say that they are there almost every day. I would say between 10 and 50 of them. That is a rough guess. I know that were caught up on the Christmas and hayride issue but this Hunt Club Farm has grown to such a degree that there are things at the end of the school year where the school buses come out. There using basically our road that we share in common as their own private road, and it use to be a one month of the year problem but now there are so many new events. This coming weekend is a wing fest. And that weekend would be full of cars extra traffic on the road that we mutually maintain and help pay to maintain as a group. This is the first year that the Vogel's have actually stepped up to the plate and done anything with the road. And, as Ms. Johnson says it wasn't what the neighbors wanted. It is what they wanted. Barry Knight: Are there any other questions? Sir, do you know how far it is, like I asked Mrs. Johnson, how far you think it would be back on that first section of road as to what you want paved? Matthew Preece: Yes sir. We had a quote for it to be paved, and I believe it was 1,300 feet. Barry Knight: 1,300. Would you say roughly 15 to 20 foot wide is what you all were looking? Matthew Preece: It was a 15 foot wide. And actually, the 1,300 feet and this only about half of it, this is only about 700 feet. The remaining portion is also heavily traveled by the Haunted hayride wagons. So, that was the entire portion that we wanted paved. Not just right there. We actually had agreed as a neighborhood to try to get the pavement to go that far. Barry Knight: And how far was that? Matthew Preece: That was the 1,300 feet. Item #7 John D. & Randi Vogel Page 9 Barry Knight: 1,300. Okay. Because I know and I'm doing the square footage and I know what it costs to pave a road like that. Matthew Preece: Our estimates weren't that high. They were about $30,000. We were willing to absorb that as neighbors. We were willing to pave it and let them continue to use it. Barry Knight: That seems a little high unless they were going to add some rock to it, which would add the cost up. Mr. Henley? AI Henley: One more question. That I, 300 feet is that where the old historical home is? Matthew Preece: It actually goes past that home and right to Princess Anne horse farm where there is a "T" in the road, there is a barn there. Al Henley: Okay. Thank you. Barry Knight: Are there any other questions. Thank you sir. Matthew Preece: One more things. There is some talk about the possibility of emergency vehicles. We do have a new neighbor building a new home back there. They have a special needs child. There is seriously one of their concerns about trying to get emergency vehicles back there in situations. Unfortunately, she couldn't be here today. Barry Knight: Thank you. Matthew Preece: T hank you. Barry Knight: Next speaker Mr. Strange? Joseph Strange: Our next speaker in opposition is Shirley Dale. Barry Knight: Welcome ma'am. Please state your name for the record. Shirley Dale: Shirley Dale. Barry Knight: Yes ma'am. Tell us your concerns please. Shirley Dale: I've been there 25 years. And just recently, I started a small business. I do have to come and go often. I know when the buses are there we have to be very careful with children. The hay wagons block the road sometimes. As far as emergency vehicles, but my concern is not the type of roadway have but the Hunt Club also has their entrance but they also have another road running behind their office, which is closer to London Bridge Road. So, they really have two accesses to get to the field back there to alleviate some of the traffic. It does take a while for use to get out of there sometimes or it is almost impossible during the month of Halloween. Now they have the summer camp, the school buses. They have a lot of wonderful things up there, and I wonder now what the Item #7 John D. & Randi Vogel Page 10 Christmas in using this, and the same entrance for three solid months instead of one month when we have this congestion and this traffic problem. Over each year it gets bigger and better. They do have two entrances which they could make use to alleviate some of that congestion. Barry Knight: Thank you. Are there any questions? Ms. Anderson? Janice Anderson: Ms. Dale since this application was approved by Council for one year, has the applicant met with you? Shirley Dale: We got a letter in the mailbox asking us if we had any problems to give them a call. We got a map as to how they were going to try to redirect the Halloween traffic issue. But, now with the Christmas display the hay wagons use the whole road to got through and pick up. With the Christmas display being in the back thee would be more of the traffic coming to an attracting going farther back down the road. And some people just park and block the road and don't realize that is a right-of-way for us to get back there. Janice Anderson: Thank you. Barry Knight: Are there any other questions? Thank you Ms. Dale. Mr. Strange? Joseph Strange: This concludes are speakers. Barry Knight: Okay. Mr. Gambrell? Mr. Gambrell, I know you have been taking notes and you got some, hopefully some remedies and some answers. But from my perspective until you show us on this particular place exact designated parking that does not block the road, and does not block the mailboxes to these residents can access their houses, and their land unobstructed, please put that into your comments because we are looking for that. Bill Gambrell: Yes sir. I can tell you all about the road but you don't want to take the time and do it. What the Vogel's have done, and what they're trying to do and we will still continue to want to work with these folks here. There is a petition that you have and it shows and I forget, 10, 12, 14 of the 18 property owners that own property back there that support the application. But they have always had an issue about the road. I think halfthe people want it paved and half of the people don't. But the road is actually owned by Powell Smith, who owns the Princess Anne Farms over here and Mr. Vogel and they have an ingress/egress easement over the top of it. The first lady lives about % quarters of a mile back in the woods and this gentleman close to her, and then the newest house back there, Mr. Sweeney, is one of the people who signed your letter in support. And all of these people have different things going on. Mr. Sweeney is in the palm tree business. There are people back there who have horse trailers come and go. The people, who own this property here, have shows all the time for horse shows and what not. They all use the road and they had a little fuse about it. But they really are trying to make sure that things are better and that was the purpose ofthe policies and procedures manual. I can Item #7 John D. & Randi Vogel Page 11 tell you that they will absolutely make sure there is somebody assigned, and that road stays free and open as often as it can. If the group of homeowners that are back there could ever get into an agreement, and Mr. Horsley, they do need a homeowners association, and that would be a wonderful thing because it is not just these events that use those roads. This is an active agricultural farm that have small businesses on them and it is used by a lot of people. The suggestion to use the Vogel's driveway is actually what the Vogel's suggested they would like to do for the residents. The reason why they wanted to do it for the residents rather than for the guests that are coming to the events is because there is a great big wide opening over here that was installed by the City and provides a better ingress/egress. Over here it is a little bit smaller. At this entrance here there are also turn lanes so that you can make a left turn into the site. Over here there are not but you can come up and do a u-turn real quick. These folks should be able to get to their property just by going down through and passing the Vogel's house and around the back road and out in that direction. But obviously we haven't communicated with these few folks well enough. But we have communicated to the preponderance of the residents there. The parking issue Mr. Strange? I think you talked about the parking issue and when it comes back I will show you. This is the new farm that was constructed and is used for the holiday displays. All of this area is going to be used for parking. All the traffic is going to be directed into there, and the Vogel's are going to fight very, very hard to make sure that they do hear these folks concerns because they want to be good neighbors. I think each of them have said they like the events. They like the people. It is a real good situation. I can promise you that is what the Vogel's are going to do. They are going to try as hard as they can to make their neighbors happy. Barry Knight: Mr. Gambrell, I guess I'll start. I like to see a plan, whether it is in your policy manual or in the plan that goes from here to City Council, on a site plan where you are going to designate parking there. And, I would like to see the designated parking not be on the people's ingress/egress or right-of-way, and not be in front of their mailboxes. That also would help the emergency vehicle concern that we have, so, I don't know if we are willing to do it on the floor right now to get you to show us on here but we are going to put in our verbatim today that were going to require you to have your site plan show designed parking and not parking along the road. We're going to suggest that it goes before Council, and Council not approve this thing if they should go forward unless they see that. Bill Gambrell: Yes sir. There is a map in your package that you have. It is a photographic overview of the site, and it does show the area that you're talking about. Not this particular site plan, but between now and Council, 1 can do a better job of doing exactly what your asking for, and I can also ask them to post all along that roadway "no parking" along the roadway, so that the roadway is always free and clear. That is probably something that would be a benefit to all the folks who use the road. The Vogel's don't have any problem doing that at all. Barry Knight: The Vogels' are kind of a victim of their own success. They have been so successful and they do such a good job of these events down here that when they have large events they really, really need to help facilitate this parking so people don't get in Item #7 John D. & Randi Vogel Page 12 the wrong place because when they're in a rush people don't pay attention to the no parking signs. Bill Gambrell: Right. In each of the events, and this is included in the package that I gave you, they do have police officers on duty during the events especially when they do larger crowds, and they have staff that brings the parking in. But they destined to do a better job. I promise. Barry Knight: Thank you. Mr. Horsley? Donald Horsley: Bill, I guess you addressed all of my concerns Mr. Chairman but you know, I agree with what Mr. Knight said that I think the Vogel's are a victim of their own success because this is something that has been long going along time and it has just grown, grown and grown. But again to, we got other residents who live back there. This is their ingress/egress. We cannot block their ingress/egress so we got to make adjustment. If was me, I would rather have all my traffic on my property for my business then using this private road. But, that is the Vogel's decision. We got this coming forth with recommendation from staff that we not approve it. I would prefer to approve it. But we got to address these concerns. And as Mr. Knight said, and I'm not sure that we really have addressed these concerns yet. Bill Gambrell: Mr. Horsley? I guess a couple of things. First, it is their road. It is their road. It is the Vogel's road. Donald Horlsey: But these people have a right. Bill Gambrell: The Vogel's absolutely want to make sure that they're neighbors are going to be able to get in and out, and that is why they did offer the opportunity to use the other road, which is a more private road that does go by their home and does provide another access. It is not hindered by the guests that come to visit. But I will proffer today or ask you to add a condition today that a plan be submitted that shows where the parking is, and where no parking is going to be committed all along the road way, and it will be designated ad monitored by their staff. Donald Horsley: I wish we could have had all that today because I hate sending something that comes to us with a negative recommendation. Bill Gambrell: Well, the staff recommended negatively. Donald Horsley: Something that is going to take place that we won't approve it. Bill Gambrell: I believe that Karen can correct me if I'm wrong, but I believe that staff only recommended negatively for it because we had not provided them with good evidence, and we had gone out and sent the letters. We did mail to every single property owner in that development, and every adjoining property owner that surrounds the development. I think that is the reason why the staff recommendation was the way it Item #7 John D. & Randi Vogel Page 13 was. That was the way I understood it when I talked to her last week. It wasn't that we didn't do a good job here but we hadn't given you the information quick enough. Donald Horsley: Okay. Ms. Lasley? Karen Lasley: I know he probably meant Karen Prochilo but since he said Karen, let me ~et up. The problem is that any conditions that you attach today only apply to the Christmas event. The City Attorney, Les Lilly made a determination during the Council hearing that Council couldn't attach conditions on the Christmas application that applied to the Halloween application. So, the only thing that we have to monitor, and make sure that Halloween goes okay is the year time limit on the Christmas application. So, they can either bring the Halloween application back in with this or our position today is keep the condition on it for now, defer it until after that Halloween event. We will see how that goes but somehow we have to get some conditions on here to make sure that it doesn't just go well for one year but that we can continue to enforce some conditions that help control the problems out there. Donald Horsley: So what are you suggesting that we do? Karen Lasley: My suggestion? I think the only that you can do now is defer this and let us get through Halloween or you can bring back Halloween. Bill Gambrell: Timing won't work if we defer it because the Use Permit will run out before it goes to Council. Karen Lasley: That was the problem last time and that is why Council moved ahead and put the one year time limit on it. Bill Gambrell: I don't think that the Vogel's will like to have to come back and visit every year. I don't think they will be opposed to a one or two year time limit, so they could come back and show that they are making the efforts they need to make, and that would potentially be the best suggestion that I have. If you would approve it today, add the condition that requires "no parking" along the drive aisle, and that parking is in the designed area, and that it has to be reviewed in one or two years. Barry Knight: Mr. Henley first and then Mr. Crabtree. AI Henley: I think Don, who I believe was the one who summed it up earlier. The V ogels are the victims of their own circumstance. They do a great job for the community but I'm really familiar with this piece of property. I guess, I'm going for 40 years now, and this property is a community living in the back of there. And what the Vogel's have done they have developed this into a business, as a commercial business. And, I remember when the barn came up and we approved that. There were a lot of questions and concerns with their adjoining neighbors as well, but whatever we do here today, I would like to see that they put a one year limitation. If we move forward on it, then I think it should be a one year limitation to come back and revisit it to see if everyone did Item #7 John D. & Randi Vogel Page 14 their homework. Then if there are still problems we will have to come back and revisit it again or you can probably defer it. They are not going to like that because they're not going to get it in before Halloween. But the way it looks like here they have plenty of time to come forward before us, I think a little earlier then we did today. But, that is my opinion. I'm up to whatever some ofthe other Commissioners would like to say. Bill Gambrell: Mr. Henley, I understand what you're saying. I do want to remind you that the preponderance of the people who own property there have letters in front of you supporting it. Of the 400 acres that are back there, 350 are property represented in those letters. So most of the people aren't opposed to it but some of the folks are. The Vogel's are just as concerned for those folks as you are, and they do want to do the right thing. They do want to be good neighbors. And if it takes an approval today with a one year extension, then the Vogel's will be happy with that. AI Henley: As a public servant that I am, if I have one person that has a concern with it, then I'm concerned with it. And regardless of how many people are involved in it. If I lived back in there, and I couldn't get in because of some special events, I would be very upset. I think you or everyone else would. I'm very concerned with this piece of property. I think we need to be very careful with it. Barry Knight: Mr. Crabtree? Eugene Crabtree: Yes. Well, on this piece of property we have seen some things in this area and Hunt Club before. We saw something a couple of years ago concerns some property back that was this gentleman's business, and at that time we ran into some things concerning deed restriction on this property, and some of the deed restrictions on this had caused us to vote against one ofthe property owners back there wanting to start his business. Traffic was a problem then because of the heavy traffic and the large trucks that were going to be going back and forth and the homeowners objected to that at that time. In defense of the Vogels, and what they're doing, and like everyone has said, they do a tremendous job for the community. It is an outstanding thing that they do during the holidays. However, to restrict someone from getting in and out oftheir property and all, even though they own that road, it is an easement for a public right-of-way. A public right-of-way is a public right-of-way, and you cannot stop people from using that. That is their right. That is their driveway. You can't stop that no matter who owns it. Therefore, if you put the parking in the back and you put signs up but not only put signs up and have staff look at it, you got to have someone enforce the no parking. It has to be enforced. If you do that and put the buses back there, don't restrict the people from getting in and out oftheir property, to their mailboxes there. You don't want them to go through a private driveway then they have to walk a hundred yards or 200 yards to get to their mailboxes. You got to let them use their driveway, and it has to be put in writing. It has to be done within the conditions. This is to be done within the site plan. If it is not agreed to do it this way, and if you don't do it, I, for one, will not support the application. You do it this way and I will support the application fully. Item #7 John D. & Randi Vogel Page 15 Barry Knight: Thank you Mr. Crabtree. Mr. Redmond? David Redmond: I'm uncomfortable too Mr. Gambrell. Frankly, first off, I want to go one-step further and say, not only are they victims of their own success, but they really do provide something, I think of the enormous value to the broader community and nearly the smaller community. I have a six year old. I see what she and her friends enjoy when they go there. It is a wonderful thing. That said. I'm a little uncomfortable with your statement made several times now that they want to be good neighbors. I would have preferred if you said they are going to be good neighbors instead of wanting to be or intend to be. I'm uncomfortable with this unless we get, and as Mr. Henley and Mr. Horsley said, we get a little clearer focus on what some solution is. I don't think we are there yet. Bill Gambrell: Would a condition that can be stated that access road would be signed for no parking, parking would be designated, and the applicant would maintain and monitor the roadway to ensure constant availability and access? Would a condition like that be acceptable Mr. Redmond? David Redmond: I'm not sure if it would or not because I'm not sure which roadway were talking about. Which one are you talking about? The main road? Bill Gambrell: It's the road that the residents would be using. David Redmond: I'm not sure that I would be comfortable with that. And the reason why I say that is because I don't want to explore the use of that additional road way, and I understand your point that it is not built out or accessible as the main one is. But the one that goes to their house. They are the one that are picking up the economic benefit from this, and I think they need to put that roadway on the table in some way, more significant then saying, "oh you neighbors, you can use it if you go around that way". I'm concerned to that if you go around that way and you cut back and you try to go along that back road, and the top of the property on that, are you not going to have conflicts with traffic that is coming in to park. It's simply to have another conflict point farther back in the property than you do in the front? Bill Gambrell: I don't think so. I think they have looked at it. That was the rationale that they had when they came up with the plan was to create an opportunity that would be better for the residents in back. I'm standing corrected. They Vogel's are good neighbors. These folks will come and use the facilities. All of the folks out there get along pretty well but they do have some issues with the road, and it is not always about these events. David Redmond: Yeah. But the events are growing. Bill Gambrell: Yes they are. David Redmond: They're growing in frequency and they're growing in size. I've been there. You cannot get to those mailboxes. Item #7 lohn D. & Randi Vogel Page 16 Bill Gambrell: I understand. David Redmond: Okay. Thank you. Barry Knight: Ms. Wood? Dorothy Wood: Yes. I agree with everyone that they have been very successful. I think my granddaughter had a birthday party there two weeks ago. Having said this Bill, I wonder if we could reach a compromise? It is sort of difficult for us to sit here and talk about roads. Would you be pleased if we asked for a detailed site plan showing the parking with no blocking ofthe right-of-way and the mailboxes? And, have this good until July 30, 2008, which gives you time for the holiday seasons, and to work on it without us trying to working on it here in the Planning Commission? Bill Gambrell: that would be great. Dorothy Wood: I would like to make that motion then sir. Barry Knight: Mr. Whitney? Let me go to Robert's Rule 0 f Order for minute please. Donald Horsley: I'll second it. Barry Knight: There is a motion on the floor by Dot Wood and a second by Don Horsley? Mr. Whitney? lack Whitney: Mr. Chairman, I was just going to make a suggestion. This is very complicated. What we're dealing with here really is a request to eliminate the one year renewal for a very narrow window of activities that are going on the property and that being the seasonal Thanksgiving to New Years part of it. It doesn't effect Halloween or a number of other events that are occurring on the property, each of which apparently create some of the same impacts and issues. I think that what staff might suggest that the Commission consider is a Use Permit that governs all of the activities that go on, not just the holidays or Halloween but apparently due to the success and wonderful activities that are going on out there, the Use Permit that recognizes all of them so we can enforce it beyond just the limited Thanksgiving to New Years part of it. We think that the preparation of the policies and procedures document is a good idea. We just received it this morning so we haven't had a chance to review it for completeness but we look forward to doing that. We think the idea of the site plan with designated parking and so forth is a feature that certainly should be part of it. But I think it is a very complicated issue. But the facility has grown enough at this point that it may be appropriate to consider a Use Permit for the broader range of activities around the year and not just the holiday season. Also, I'll make one other comment. Even though we did not receive any specific comments from the Public Safety Department particularly Fire and EMS, regarding emergency vehicle access on the private road. I did make a note about Mr. Item #7 John D. & Randi Vogel Page I 7 Preech's comments. And between now and Council, staffwill get with Fire and EMS and get a little more information about that issue before it goes to Council. Barry Knight: Okay. Dorothy Wood: I will amend my motion. Barry Knight: Let me ask Mr. Macali for a moment. Mr. Macali, you know what is on the table now as far as Christmas and see about Mr. Whitney encompassing everything. Do we have to get the applicant's permission to do that or his concurrence? Bill Macali: I think it is pretty safe to say there is no precedent for something like this but I would really feel uncomfortable about expanding a Use Permit for a narrow range of activities into one for a broader range of activities without any kind of advertisement. Jack Whitney: That is really what I'm suggesting. My introductory comment mentioned that. What we are here today to do is consider the one existing Use Permit but at some point maybe one month or two months from now, that a new application comes forward for this broader Use Permit. Barry Knight: Mr. Gambrell? Do you understand what Mr. Whitney? Bill Gambrell: I do understand. I can tell you, and I hope that Ms. Wood and the motion passes. And I can tell you that we did we contemplate that, and we actually contemplated that at the Council meeting last time. But one of the things that comes up when this property comes along are all the individual personal issues about paper and non paper not germane to this particular thing, and then with the Halloween thing, unfortunately some people believe it is a religious bad thing, and that brought people out. We just didn't want to open up a bag of tricks. Barry Knight: Mr. Gambrell? There is a motion on the floor with a second. And what it says is we are on this narrow focus here about the site plan, and as Ms. Wood said, but this is going to expire July 30, 2008, so you need to come in here and work with staff before July 30, 2008, and at that time, staff is going to work with you, as far as getting abroad encompassed Conditional Use Permit. So, there is a motion and a second. Is there any discussion among the Commission members? Donald Horsley: My only comment is that don't wait until June 30 to start. Barry Knight: Is there any other discussion? Ms. Anderson? Donald Horsley: Mr. Whitney, is right to what you were talking about? Jack Whitney: Yes. Barry Knight: Ms. Anderson? Item #7 John D. & Randi Vogel Page 18 Janice Anderson: Bill, I just think what we are pushing for is having access and not whether it is paved or whether it is crushed concrete. Just so other people can use it. And they do have an easement to use that, and I don't think it is going to be acceptable to say, you got this other road you can use. So, I would make sure they have access to that and their mailbox. I think that is what they're looking for. Bill Gambrell: I understand. Janice Anderson: And a site plan for parking. Bill Gambrell: I appreciate hearing Mr. Whitney's comments as well. Janice Anderson: Thank you. Barry Knight: Are there any other comments or questions from the Commission? Okay. There is a motion on the floor. I'll call for the question. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HORSLEY AYE HENLEY AYE KA TSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of John D. & Randi Vogel until July 30, 2008. Bill Gambrell: Thank you very much. I really do appreciate your time today. It is more fun to be on the consent agenda but I understand the discussion needed to be had. Thanks. SEP-11-2007 11:46P FROM:HltIT QlI3 FARM 7574272119 TO: 4177452 September 1 J~2007 Helen Reinhart 1913 Shady Lane Virginia ~ V A 234~6 Dear Planning Commission &. Ci1y Council, r am Helen Reinhart a resident of the Pine Ridge neighborhood directly across fiom Hunt Club Fann fortbe past 12 years. Prior to this time I was also a resident of the Strawbridge neighborhood directly behind Hunt Oub Farm. Recently I was informed thatHunt Club Fann was up for a conditional use permit and that there was an issue regarding Halloween event tratlic. I waIIIEld to write on their behalf in support of their special events. Our COJmnuni1y is growing ucl with it comes traffic. I personaJ1y have never had a negative experience while driving down Loudon Bridge Road during the busier event times. There is almost always a traft'W off'teer pIKed in fiont of1he event directing traffic. I feel it is DO diffenmt than going to or from work every day on London Bridge Road or going to the Wal-Mart on Lynn haven and Princess Anne during concert times at the Ampher Theater. I feel that Hunt Club Faun is an asset to our community and the.City ofV'uginia Beach. In all the years of my experience as a neighbor and patron of Hunt Oub Fann I have experienced positive family fun in a safe environment. My own children who are graduated and seniors in High School went on field trips when they were in kindergarten and still we have memories, I of their excitement of showing me their pllmplrins from the pumpkin patch and Ji~n.g to tales of their ride on the bayride. Foryears when we would drive by they would say mom "S where we got our pumpkin. A8 the kids got older we made it a yearly event to book a group to their Halloween Festival. Years ofwomng wjh the public and socializing with my neighbors when the subject of Hunt Club Farm comes up, not once has anyone mentioned a traffic complaint? What I hear is how great a pIKe it is. Families wida young dilldren eqjoy the daytime activities and petting"farm. Teenagers enjoy getting together in a safe environment on a Friday 01' Satwday evenn.g for thrills and excitement. Parents feel safe dropping their teens offfor these evenings. It is a great place for teenage employment and for our youths to get together safely. All three of my boys have worked at Hunt Club Fann, starting with cleaning the animal pens to driving the tractors for the Hayrides. They give a great wort. ethic to many young girls and boys. ]n conclusion I would like to state thatl am in favor of renewing Hunt Club Farms conditional use permit. Thank you. P.2/2 rage 1 or 1 Karen Prochilo From: John Wilson [farmerjohnnewearth@yahoo.com] Sent: Tuesday, September 11, 2007 5:04 PM To: Karen Prochilo Cc: matgo@cox.net Subject: Regarding Hunt Club Farm's proposed changes Dear Ms. Prochilo, I am writing as another homeowner on the properties surrounding the Hunt Club. As an organic farmer and supporter oflocal agriculture, I have great concern about the rapidly expanding roster of events that occur at the Hunt Club through out the year. During the month of October, my family experiences noise from the chainsaws and screams through the night from patrons of the Haunted Hayride. It really amounts to a version of disturbing the peace. I personally have had difficulty with Hunt Club Halloween staff as I leave and enter the road that leads to my home. While the owners of Hunt Club gave residents passes for our vehicles last year, the crowds, lines of traffic and general chaos is not appropriate for a neighborhood. I am opposed to the city granting a no- holds- barred permit to allow Hunt Club permission to hold even more events on its property. The propery is, after all, zoned agricultural, yet these large events- and the Christmas event is another example- are all concerned with netting great amounts income from local residents- a use that seems far more commercial than agricultural. If the Vogel family wished to invite the public to see a display of Nativity and Holiday figurines, they should use their own entrance on their own land rather than the common entrance which all our neighbors use. It's enough for all of us to deal with the masses of people during the entire month of October. In conclusion, while as a business person, I can understand our Hunt Club neighbors' desire to be successful, as a resident, the Hunt Club's growth and development impede the level of peace and domestic enjoyment of my family and my group of neighbors, to say nothing of the traffic that lines London Bridge Road with potential hazards. You may want to visit the neighborhood during the month of October and see for yourself. Thank you for taking this under consideration. Sincerely, John D. Wilson 2280 London Bridge Road Virginia Beach, VA. 23456 Shape Yahoo! in your own image. Join our Network Research Panel today! Q/ll n007 yage 1 or L Karen Prochilo - _. '- ---..----.-.--- ---..--.-----_..._____._u __._. ______.__._____ ____,' ._____.. From: Matthew Preece [Matgo247@msn.com] Sent: Tuesday, September 11, 2007 8:33 AM To: kporchil@vbgov.com Subject: Fw: proposed change of conditions --______b__._______. ".. __.__.._n______.__._..__ Dear Karen, This is an e-mail that I recently sent to Randi and Hunt Club as a follow up to a letter she mailed on 8-22. ----- Original Message --- From: Matthew Preece To: psppros@msn.com Sent: Monday, September 10, 2007 8:28 PM Subject: proposed change of conditions Dear Randi, I appreciate your letter and I have spoken with other neighbors about our shared concerns to include Carole's recent correspondence with you and your reply. All things considered, I am hesitant to support your "Holiday Displays" or ANY other event that brings more traffic onto our shared road. It doesn't seem like so long ago that the "Haunted Hayride" was a small amusement. We cannot possibly be expected to suffer the traffic generated by your business from October 1st through the New Year. I realize that you have a business to run, but other people have lives to live that are negatively effected by your continued growth. Your new plan to direct traffic will undoubtedly help somewhat for the time being, however if you are granted a conditional use permit we as neighbors will have contend with continuous disruptions on the road for a full quarter of the year. I am certain that you and JD do not let people take advantage of your good will. Ask yourself if you would give up 3 months of peace each year so that someone else could make money. I have to also consider how little respect the majority of owners were given when neither JD or Tyler participated in our meeting about the road or gave our offer any real consideration. With regard to the road and it's maintenance, I appreciate the improvements you've made this year. My perception and the perception shared by many of the neighbors is simply this... it is your obligation to make those repairs and not simply an act of good will on your part. We have never asked you to contribute to the repair of the road in front of our property. Why should we be expected to ante up for the portion that fronts your property? Especially when your business traffic is such a significant portion of total road traffic and is such an inconvenience to everyone else back here. Lastly, the material you chose (against a significant number of the neighbors wishes) is a dust nightmare. I realize that you may not care to have a clean car or a dust free home, but some of us do and we will continue to work for a better solution. Until we can have ingress egress unobstructed by buses, lines of children, and lines of cars we consider the request for more growth on this road unreasonable. We suggest that you consider using the other road that accesses your property for both directions of traffic. Experience with that alternative may be the best solution for all concerned. We moved here to live in a rural atmosphere, not behind a carnival. A larger, busier season for you means a loss of peace and property values for us. I'm sorry that we're bound to disagree, but I have to protect my interests as well. 9/1112007 .page L ot L Sincerely, Matt Preece & Bill Moffat See what's new at AOL.eam and Make AOL Your HomeoaQe. 9/11/2007 .1 a..!:5C .1 v.! .1 Karen Prochilo From: Cjgoforit@aol.com Sent: Friday, September 07, 2007 11 :17 AM To: Karen Prochilo Cc: matgo247@msn.com Subject: Fwd: Conditional Use Permit Attachments: Conditional Use Permit Should have said in last sentence of first paragraph... I will share....,my response to you with them ..... Get a sneak peek of the all-new AOL.com. 9/11/2007 J. at;'" J. vJ. J. ~ Karen Prochilo From: Cjgoforit@aol.com Sent: Friday, September 07,200711 :12 AM To: randi@huntclubfarm,com Subject: Conditional Use Permit Thank you for your 22 August letter concerning the Hunt Club Conditional Use Permit request and your revised plan for supporting the event. We did comment to the Planning Office and I will share this response with to you them as well. Clearly the change to have cars parked in the rear of your property and exit on the other road will improve homeowners road access and lessen safety concerns for the especially high volume of cars and pedestrians involved during this specific event. Experience with the changes with these new procedures and policies will indicate whether or not this will work effectively and ensure safety for all concerned. Will you use the same policies and procedures during the Halloween and other special events that generate considerably more traffic than normal? While I believe the change in entering, parking and exiting may improve those related concerns, the other additional concern not addressed by your letter was a commitment to maintain the roads impacted by these and other events. As we discussed earlier this year and I wrote to you, road maintenance in your area and Princess Anne Farms has been an ongoing problem without Hunt Club or Princess Anne Farm lead to correct road conditions despite the continuous initiation and generous financial offers from homeowners to help. Although we still do not consider crushed concrete to be the best long term, high volume business traffic fix in your portion of the road, we do appreciate your efforts to improve the problem this summer. As stated above, it is the on going maintenance of this portion of the road that remains a concern not addressed by your letter. As you mentioned at our last meeting concerning the road, you and JD do not use the road and are not impacted when the conditions worsen or from the levels of dust the traffic generates. Unfortunately, we are. We all have a vested interest in our neighborhood but we do have different considerations. Get a sneak peek of the all-new AOL.com. 911112007 IY~,:,~~.,...,"""". /'f 11t>. - -, . .... \. I~' ,,' .~\. 1m. ) )~,~ '~.. '. {""l ~' . ~ ". J; .,~ Tbomas P. DunbamJ D.D.s. (757) 427-7130 FAX (757) 427-7135 2008 GmeraI Booth Boulevard, Suite A - Virginia Beach, VA 23454 Attention; Karen Porchillo Planning Department My name is Thomas Dunham. I am a land owner in Princess Anne Hunt Club; Property site All, and am in the process of building a new home on this site. I have been infonned that you will be addressing the general conditions of Hunt Club Farm. The concerns I have are many. Traffic is a major concern; at times it is very difficult to get in and out of any entrance. Road conditions are also poor due to the heavy flow of traffic and require constant maintenance for which all residents have been asked to contribute. A separate ingress/egress would help the situation some. Also controlling the size and growth ofthe carnival activities would defiantly help, The noise factor is also a concern The activities of the Hunt Club have grown to commercial size for which I believe the remaining residents suffer, I have two small children and a third on the way and intend on living her for many years, and hope there is a feasible way to address the expansion and imposition of the Hunt Club Operations, sinc..ere71~. f , ! /\ .iAi, '" ,/--- ,// '-----.. / ; ~ v' L..---- ; ,v i J' ]9Qmas p, Dunham. -...... -.",."~.. '"'-- . '~-,".,:;.. "'"'-'.~'. ~:.... ~~:? ~~. 0 iCG7 .....,.... .~ ,",- ~.'-"" . ........ '..- - ~. . '. " ......~w-... (~, . Thomas P. Dunham} D.D.S. (751) 427-7130 FAX (757) 427-7135 .;~ . .Jf".<JJ :2.008 General Booth Boukmd, Suite A - Virginia Beach, V A 2.3454 a. .;....'.~-.... Attention: Karen Porchillo Planning Department My name is Melissa Dunham and I second the letter submitted by husband Thomas Dunham. Our family has always enjoyed The Hunt Club during it various events throughout the year as many other families have as well. Families enjoy what it brings to the community, and thus it has success. I have a suggestion that may have already been looked at by you and any other committees for Hunt Club. My suggestion is an easy one, I hope A NEW TRAFFIC PATTERN FOR EVENT AND HOLIDAY CELEBRATIONS. There are currently two entrances to Hunt Club Fanns, one on the east and west side of the Barn. My suggestion is to make all incoming traffic come into the east entrance or the first entrance (if you were coming from General Booth blvd.) The traffic pattern would continue directly to the back where they have parking, The exit would continue around petting zoo and exit again from the first entrance. Doing this would enable for residents to use the "west exit" or the (second exit if you were comingfrom general booth) as their entrance and exit. As it is now, it is very difficult to get into or out of our homes in a timely manner during these event times. My worry is that I have small children, one with special needs, if an ambulance or other emergency vehicle needed immediate access, it would be very difficult with all of the traffic congestion during these times. I have hand sketched a diagram showing the meaning of my above example above included with this letter. All other times (f year, reg-dIal' traffic flow would be ; appropriate, Simply doing something like this can help ease the burdens for both residents and Hunt Club themselves. We certainly love the charming atmosphere that Hunt Club brings to the community and our environment as residents. My sons school Corportate Landing Elementary has had many field trips and all age groups enj oyed it. I am not sure if this proposal is a "can do", it is simply idea that could possibly serve both, and increase the harmony between residence and the farm. Meli~sap.\mhao/. .. -11"/. I ,'-"'" Zlv. ./1 j ~I (11V l A /1/v A.....t'. ~-I uture\Resident ; ...,~j , .f- ; I ...J .::rCt,'.. - ....T.'. .""1f;":iic'if~3't~~~~......... j" "\ '~i_ . ~ 4Ci)ritm bntifJt.. i~ ! ' ---..-- page 1 01 1 Subj: (no subject) Date: 8/22/20072:35:05 P.M. Eastern Daylight Time From: eherishpet To: !:S.p-orehil@VBqov.eom I have been a resident of Hunt Club for over 25 years. I have seen many changes, mostly more growth & traffic, even here in the back. The noise & the traffic for the Halloween rides each year has steadily been worse, and took over 30 minutes to get out or back from London Bridge Rd. I run a business from home that requires me to leave & return on schedule. This is not possible during October. The residents pay to maintain the road, & would not want even more traffic, right after Halloween, coming even further into the property, using even more of this small area. The congestion in the front has been there (even getting worse) for years, but continuing to bring more even farther down the road, & would it stop there? The Hunt Club Farm has the kennel road & a road behind the office which should be enough access for anything else they expand on their property. Thank You Shirley Dale 2284 London Bridge Rd. Virginia Beach, Va. 23456 (757)430-0268 email cherishpet@aol.com Get a sneak peek of the all-new AOL.eom. "/:" .,'".i ~? 2 ~,,! , . ~.,~. ~ :~ ~~:i! /' _ ..,....,... -'to .'t"":,'W.'; , '~'l.t"f":.,\;:' ~.... '; T ti-, l... \), ; ~;). T e~ !;. -i ~ l}'!"t. 'W ~ '\:': ~.. '1 A'\""""\\!l" ~M~;,,\i;"l.'i"'~~ t,j, jj ~! 'ill ~ v 1JJ...,.;..;.i. ..>'" Wednesday, August 22, 2007 America Online: cherishpet Page 1 of2 Karen Prochilo ._..-_.._..-.~~..-.._._._--_.-_._..-..._. -.-".- -.-._-.~_.-_._-, .~....-._._._--._- - - - "_._...,,_____ h_______ ._ __."_ ._.....__.___..... From: Cjgoforit@aol.com Sent: Wednesday, August 08,200710:18 AM To: Karen Prochilo Cc: matgo247@msn.com; ABisese@aol.com Subject: Comments on the Hunt Club Request for "Change in Conditions" 8 August 2007 Ms. Prochilo, The purpose of this correspondence is to provide written input concerning the Hunt Club "proposed change of conditions" that I discussed with you briefly on the phone last week. Anne Bisese and I have been property owners in the Hunt Club subdivision for over 5 years and I moved on to the property August 2006 while my home was being built. During the past 5 years, I've noticed significantly increased activity, traffic and events at both the Hunt Club and Princess Anne Farm businesses. Until July of 2007, the roads used and owned by these 2 businesses were not maintained for the traffic or high number of people who attended the many events going on throughout the year. Maintenance of this portion of the road has been an ongoing problem for many years and not something either the Hunt Club or Princess Anne Farms have taken the lead to correct despite their business impact on the road. William Moffat has been the community leader who has spent countless hours either fixing the road himself or spending time researching alternative fixes to maintain the road in that area. He is always the person who initiates the meetings to deal with problems in our area. At the initiation of several homeowners, we organized and held several community meetings in early 2007 to discuss problems with the road conditions, access problems during events and possible alternatives for improving the road. Nine of the 13 owners who have been active community members recommended paving the road from London Bridge to the dumpster/first left turn and proposed to pay for 50% of the expense even though we do not own that portion of the road. Hunt Club and Princess Anne Farms were 2 of the 4 that "refused to pay for or allow the road to be paved". Their alternative was to pay for half of costs for the road to be regraded and to have crushed concrete provided. Since those 2 businesses actually share ownership of the road in that area, the other 9 owners could not do the pavement which we considered a better solution for the high volume of traffic and less on going costly maintenance. Even though we prepared a written summary of our recommendation, reasons for our preference to pave this portion of the road, unbelievably, neither Mr. Vogel, Hunt Club owner, or Mr. Tyler, Princess Anne Farm owner, attended the final meeting to discuss the alternatives/preferences of the majority of owners. Mrs. Vogel came to the meeting and said she was "speaking for them". The matter of this portion of the road relates to my comments and recommendation concerning the Hunt Club request for the change in conditions. We ask that the Planning Department not approve the request for any further change in conditions for the Hunt Club unless other arrangements are made related to the ingress/egress for their patrons. Since there is another currently used business entrance to Hunt Club Kennel that could also be used for all Hunt Club business events, I recommend that be the entrance used for the other Hunt Club 9/512007 Page 2 of2 business traffic. This would allow property owners to enter freely and have easy access to mailboxes, avoid unsafe conditions for pedestrians in that area, and cut down on road deterioration caused by the high volume of cars, buses and trucks used primarily by the Hunt Club. With regards to Princess Anne Farm horse events, Mr. Tyler should be required to have adequate safety and traffic management during these events and/or add another entrance to his property where cares/trucks are always parked for these events. The Hunt Club business has become a year round, continuous high traffic volume venture that requires modified traffic and pedestrian safety and access requirements. There must be a clear requirement for high traffic businesses in the Hunt Club to ensure safety for all who drive on the roads and to adequately maintain the roadway shared by owners who must use these roads to access their property. We do not want to hinder the businesses located at the Hunt Club but believe strongly that there must be some maintenance and access requirements imposed that will improve safety and access for all involved. If there are questions concerning our Comments, you can reach us by calling 757 427 1764 or emailing us. We would be interested in any additional information you can share on this matter. Carole Johnson Anne Bisese 2336 London Bridge Road Virginia Beach, Va 23456 Get a sneak peek of the all-new AOL.com. 7/25/2007 Karen Porchilo Planning Department Operations Building, Room 115 2405 Courthouse Drive Virginia Beach, VA 23456 Dear Mrs. Porchilo, I'm writing you to express my concern over the proposed change of conditions for Hunt Club Farm on London Bridge Rd. I have been a resident of the small community located behind Hunt Club Farms for 15 years. In that time I have seen Hunt Club grow from a small business with a seasonal hayride into a year-round carnival of attractions. I am truly concerned that Hunt Club's expansion of it's already disruptive Christmas displays will become unbearably problematic. My list of grievances toward Hunt Club is a long one. I personally like J.D. and Randi Vogel as people, however their business cannot continue to impose on the good will of the neighbors who share our communal road. Even without adding the Christmas business, we already suffer the inconvenience caused by literally hundreds of cars a day along a gravel road that we as a community maintain. At peak season the road is impassable due to school buses and cars loading and off loading children. Numerous times children have run from in between cars in front of my own. Our little gravel road is a busy one. There has been mych additional construction traffic lately and traffic from people who board horses on nearby farms continues to increase. Frankly it's just an accident waiting to happen. During peak Halloween season residents can wait upwards of 45 minutes just to be able to turn into our neighborhood. There is NO WAY for us to go around the hundreds of cars in line for hayrides. When we do finally reach our communal road we have to wait again and follow the hayride wagons back. Aside from the traffic and safety issues there are the issues of noise. We listen to screaming and roaring chain saws until long past bedtime. Customers of the hayride often venture back to the rear of the neighborhood as well creating a security issue. These people are often drunk and looking for a place to park throwing their beer bottles out when they leave. The Hayride generates a lot of trash which is often seen beside the road. Additionally, until this year the Vogel's refused to grade or otherwise maintain the road from which they themselves generate hundreds of thousands of dollars annually. Since they themselves do not have to drive on the road to reach their own home it is oflittle importance to them. This brings me to the point that the Vogel's have another road of their own that they could use for all these events, but instead they choose to impose on the neighbors. If they want to continue to grow their business, then they should do so in a responsible manner. As a neighborhood, we are not just concerned with an overgrown Halloween event or even with the expansion ofa Christmas display. We are concerned with the entire scope of the business which continues to add more and more traffic. There are now frequent corporate parties and large birthday parties that serve alcohol by the keg. There is the greatly expanded garden center this year. They sell Christmas trees in the winter. They sell swingsets. They have a summer camp. They have radio promos. They have a petting zoo. They even rent space out for other people to sell palm trees. The list goes on and on, it's just ridiculous! We ask for the Planning Department to vote against any change of conditions that allows Hunt Club to enlarge it's Christmas events. We further ask the Planning Department to consider imposing some restrictions on current conditional use permits and to suggest other ways for Hunt Club to hold these large events that do not impede our ingress egress and enjoyment of our properties. Thank you for your cooperation. Sincerely, _" ~ /5 ~ - RECEIVEI ...' William Moffat !.l,UG 1 0 Z007 '; 'LANNING DB~~\ RIGHT COAST CONSULTING' 207 23RD STREET VIRGINIA BEACH VIRGINIA 23451 757417-8555 FROM: TO: RE: BILL GAMBRELL KAREN PROCIDLO MODIFICATION OF CONDITIONS REQUEST BY JOHN D. & RANDI VOGEL DAlE: September 11, 2007 Karen, As we discussed last week, the Vogel's have been busy contacting their neighbors regarding the modification of conditions application scheduled for the Planning Commission public hearing meeting on September 12, 2007. The V ogels' sent letters to all of the adjoining neighbors, and all of the property owners within the Hunt Club Fann development tract. Neighbors were notified about the up-coming public hearing and were asked to support the reconsideration request. Recipients of the letters were also asked to contact Randi Vogel if there were any concerns related to the operation of the event(s) held annually at Hunt Club Farms. Hunt Club Farms residents were also notified about a new policies and procedures manual, developed this past summer, formalizing operational procedures for event employees. The policies and procedures manual includes specific sections intended to address access and noise issues which have been raised previously. I have enclosed copies of both of the letters mentioned above. I have also included is a copy of the policies and procures manual that the Vogels developed this summer. The manual was created to set clear company policies and outline event operational procedures aimed at ensuring that all events are well managed, and that compatibility concerns are addressed in advance. The Vogels provide all staff members with a copy of the manual and a personal review of the material included within it. During the review, an emphasis is placed on the importance of being ambassadors for Hunt Club Farms and of the Vogel's personal desire to be good neighbors. I have also attached several letters of support for the Modification of Conditions request. A petition signed by Hunt Club Fanns residents, identifying themselves as being in favor of the Vogel's requested Modification of conditions application, is attached as well. I hope that information provided here helps to resolve your concerns noted previously regarding the need to work with the neighbors & addr~ss concerns related to the annual events held at Hunt Club Fanns. As always, thank you for all your help and guidance. Bill Gambrell -t 5~4' fo (;. (j H v~+ C I v h F -. '- frOfL'-"'1 ()",.JI'Je Ir 5 Dear Mr. Thatcher, August 22, 2007 We are in the process of renewing the conditions of our Winter Wonderland "Holiday Displays" Conditional Use Permit with the city. Last year, when we renewed the permit we told City Council that we would notify our neighbors when the item was scheduled for review this year. Our Christmas Display permit provides us the opportunity to invite customers to visit the holiday display that we set up in the barn located behind our home (see map). The permit is valid from Thanksgiving Day to New Year's Day. The Planning Commission will hold a public hearing to consider our request to eliminate the annual renewal requirement. We would appreciate your support for the renewal of our pennit. We would also ask that if you have any concerns with our Winter Wonderland event, please give us a call at (757) 427-6783 or (757) 618-6466, ask for Randi or send us an e-mail at randi@huntcIubfarm com. Additionally, we would like to take this opportunity to address some concerns noted last year concerning our Halloween Festival. We have adopted a policies and procedures manual for our staff that includes a number of general policies to ensure that we operate our business in a safe & courteous manner. We have included a section related to noise & traffic issues in an effort to avoid inconvenience for our surrounding neighbors. Thisyear, we have created an alternative neighborhood traffic plan to alleviate traffic related inconvenience. As always, we will be happy to discuss our new policies and any additional concerns. Thanks in advance for your support, ~~ Randi & J.D. Vogel, 2388 London Bridge Road Virginia Beach, VA 23456 (757) 427-9520 Fax (757) 427-9520 www.huntc1ubfarm.com "~'\. ~ . 'h ":J~ ..., " f :'~;::"":';:''-.. ;Sl}f[,)iif::~ ~-:-~.~ ~ -J. '.1 . " # "I,}"' .... ~. J:'i~ ';-}:~,;t::~~:: i'k .~ ,;:;~~~!!;~ f .'VFfrt ~.. ~ J(~~TC:~~, i~~~~lf~~~~.. ~ ,~- ".~"'~"~~'=M.~ T'j' '. !.'d) FARM ~ August 22, 2007 *' 5 ~,J f f; ... tic.. J J <>; ... ~ '" 5" r' f 6 r J'I OV'...... e ~ 5 Dear Neighbor, We are in the process of renewing the conditions of our Winter Wonderland "Holiday Di,splays" conditional use permit with the city. Last year, when we renewed the permit we told City Council that we would notify our neighbors when the item was scheduled for review this year. Our Christmas Display permit provides us the opportunity to invite customers to visit the holiday display that we set up in the bam located behind our home (see map). The permit is valid from Thanksgiving Day to New Year's Day. The Planning Commission will hold a public hearing to consider our request to eliminate the annual renewal requirement. We would appreciate your support for the renewal of this permit. We would also ask that if you have any concerns with our Winter .W onderland event, please give us a call at (757) 427-6783 or (757) 618-6466, ask for Randi or send us an e-mail at randi@huntc1ubfarm.com. Thanks in advance for your support, ~ Randi & J.D. 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Q. e c.. 0. Q.. 0.1 Q. Q. 0. a. a. e c.. <D <D <D <D <D <D <D Q) Q) Q) <D Q) Q) Q) enooOO(f)(f)OO 00 00 000000000000 ~~~~~~~~~~~Q)(jjQ) 00000000000000 >>>>>>>>>>>>>> t-t-t-t-t-t-t-t-t-t-t-t-t-t- ~~~~~:;t:~~~~~'It:'It:~ <OCO.....(")NLOCOt-LOO)COMCO'<t" .....NO.....IO'<t".....t-CO(\')COC"i'<t"O) ..........NIO'<t"(\')<OO.....t-'<t"C"iLON U?8l"<9u.>l!,l";-l!,l~<9U?~<9~ 0.....000000.....0>0000 CO cncoO) 0> 0) 0) CO CO cnO)coo>co . I I I I I I I I I . I , f LOLOLOLOlOLOLOLOLO'<t"LOlOlOLO o 0 0 0 0 0 0 0.0 0 0 0 0 0 '<t"'<t"'<t"'<t"'<t"'<t"'<t"'<t"'<t"'<t"'<t"'<t"'<:t'<t" ("l('lNNNNNNNNN{'\/NN ',. \ ~1 \ \, \ \ ~ ."! \ ~ Willow Oak Plantation Patricia Berson 2380 London Bridge Road Virginia Beach, VA 23456 To: Members of the Planning Commission & City Couneil From: Patricia Berson Princess Anne Hwrt Club Property Owner 2380 London Br~ Road RE: Speciaf Events at Hunt Club Farm Date: September 1,2007 Honorable Council and ~mbers of the Planning Commission; My nolne is Patricia Berson and my proputy adjo~ns the Vogel's property on 'the Western side. My p~rty is immediately next to the -proposed" Christmas Display Barn at Hunt Club Farm. I fufly support the Vogel fCJIRify in their ongoing efforts to provide Virginia 8eaeh residents (4 Youth) agricultural -entertainment on their property located at 2388 London Bridge Road. Both the "'Holiday Display-Winter Wonderland" and The Hcauntcd Hayride are well run events that do not create any negative impact to my property . The Vogel's hove adopted an Open Door policy for me as well as an other neighbors in our community, if ever G problem arises. Over fhe past several. years. I helve ftOtexperienced any crime situations, problems with noise or parking. The Vogefs have good policies and p~dures in place that alleviate any concems that arise:. They are good neighbors and I woutd encocrage you to support their request to modify the conditional use permit for the IllChristmas Display"' event so that it ean become are-occurring CWWCII event. . Sincerely, (j>( ~h!- Patricia Berson Princess Ann Farms 2356 London Bridge Road Va. Beach Virginia 23456 ~ 757 427-2858 TO: Members of the Planning Commission & City Council FRO.M: Tyler Smith, Owner Princess Ann Farms RE: Special Events at Hunt Club Farms DATE: September I, 2007 Honorable Council and Members of the Planning Commission, My name is Tyler Smith. Our family owns and operates Princess Ann Farms, an equestrian facility located immediately adjacent to Hunt Club Farms. I fully support the Vogel family in their ongoing efforts to provide Virginia Beach residents agri-entertainment on their property located at 2388 London Bridge Road. Both the "Holiday Displays" and the Haunted Hayride are well run ~vents that do not create any negative impact on our operations. ;",'~' The Vogel's have adopted an open door policy for us and other neighbors if or when Q problem arises. Over the past several years, we have experienced no crime situations or problems with noise and parking. The Vogel's have good policy & procedures in place that alleviate any concerns we may have. They are good neighbors and r would encourage you to support their request to modify the conditional use permit for the .Christmas Display" event so that it can become a re-occurring annual event. Tyler Smith Hunt Club Farms London Bridge Road Va. Beach Virginia 23456 TO: Members of the Planning Commission & City Council FROM: Joe Thatcher Hunt Club Farms Property Owner RE: Special Events at Hunt Club Farms DATE: September I, 2007 Honorable Council and Members of the Planning Commission, My name is Jpe Thatcher. Our family owns a one of the largest traCts of land located within the boundaries of Hunt Club Farms property. My father was one of the original owners when this agricultural development was established I fully support the Vogel family in their ongoing efforts to provide Virginia Beach residents agri-entertainment on their property located at 2388 London Bridge Road. Both the -Holiday Displays" and the Haunted Hayride are well run events that do not create any negative impact to our property. The Vogel's have adopted an open door policy for us and other neighbors if or when a problem arises. Over the past several years, we have experienced no crime situations or problems with noise and parking. The Vogel's have good policy & procedures in place that alleviate any concerns we may have. They are good neighbors and I would encourage you to support their request to modify the conditional use permit for the .Christmas Display" event so that it can become a re-occurring annual event. Sincerely, I am a neighbor to Bunt Club Farm. I am in support of granting appreval for the cbange in conditions for their Holiday Cbristmas Display Conditional Use Permit, to include tbe change in location of their displays from their front barn to the Dew bam in tbe back of their property. Additioually f I am satisfied with their general bamtS! 0pcrati08, traffic aad parkiug ptaus. Date Name Address _ Si ~\\t~ ~~ '~ri13u*l<< ~~P.X;.k (rA"~<tJ'?fl 1 ~ '~ Q-\}:t)'"' ~~ ~ O~"- \ 2.~~~~"'~ ,~~_.~ f/i C' l~tL L) 14.( 'J';;::~k-_ ~L '" ,- 7_ 7-n~.t1:I""3~ L-?, "'--.::%- V ,~ ~..{lt.\~ \1~' .. ~~;.--P \_ ~h '_.:.e....t>d I{11, iff'. '"".~a. A- - ClJ n (,1/IJ/~'" ~v~ i~;~~JJNI-XIU~)~ ~~ 0. :"~l':'JJ~ T. ;:,- ~b~~~~ ~,~~) 1..'t~ I .- /!.()~ 'Il1.(l- '<f'-II-'rJl'IffI'flJ IP:'//- (/ $. f'.:J.1L A-:L... a.~ /f .J MS':JJ j!:'r L 7;. 9-t/.(J'l I1!V 1{P...~XD.i) j}IJi'n I ~ lL c~. 0 -: RrJJ. ?'nt ~ ...~-- q-ll-O\ /:7L -.(" -- A ~3,3.;l t..ow.(X)~ 13tCt~8 1&1~' ,--<, M." ,'V'-' ,,_ V Dear Employee: Welcome to Hunt Club Fann! We hope you will find your employment at Hunt Club Farm a rewarding experience. We look forward to the opportunity of working together to create a more successful organization. We also want you to feel that your employment with Hunt Club Farm will be a mutually beneficial and gratifying one. As a member of the Hunt Club Fann team, you will be expected to contribute your talents and energies to further improve the environment and quality of the organization. You should use this Handbook as a ready reference while you are employed at Hunt Club Farm. Additionally, this Handbook should assure good management and fair treatment of all employees. At Hunt Club Fann, we strive to recognize the contributions of all employees. Our objective is to provide you with a work environment that is constructive to both personal and professional growth. Best Regards, Hunt Club Farm 2 EMPLOYEE HANDBOOK This employee handbook has been prepared for your information and understanding of the policies, philosophies and practices and benefits of Hunt Club Farm. PLEASE READ IT CAREFULLY. Upon completion of your revIew of this handbook, please sign the statement below, and return to your personnel representative by the due date. A reproduction of this acknowledgment appears at the back of this booklet for your records. I, , have received and read a copy of Hunt Club Farm's Employee Handbook which outlines the goals, policies, benefits and expectations of Hunt Club Farm, as well as my responsibilities as an employee. I have familiarized myself, at least generally, with the contents of this handbook. By my signature below, I acknowledge, understand, accept and agree to comply with the information contained in the Employee Handbook provided to me by Hunt Club Farm. I understand this Handbook is not intended to cover every situation which may arise during my employment, but is simply a general guide to the goals, policies, practices, benefits and expectations of Hunt Club Farm. I understand that Hunt Club Farm's Employee Handbook is not a contract of employment and should not be deemed as such, and that I am an employee at will. (Employee signature) Please return by: (2 Days from Hire Date) Section 100 - General Information A. Equal Opportunity................. ............. ............ .................. ....3 B. C. D. Office Equipment/Farm Equipment.................................... ......4 Section 200 - Employment Information A. B. C. D. E. F. G. H. I. J. K. L. Job Objectives, Performance Reviews, Salary Reviews................... 7/8 Section 300 - Employee Benefits A. B. C. D. E. Section 400 - Anti-Substance Abuse... ......... ......... .............................. ......9 Section 500 - Safety A. General Employee Safety......... .................... ..... ................... ...9 B. Reporting Safety Issues....................................... ................ ..10 Section 600 - Safety Rules A. B. C. D. E. F. G. Section 700 - Harassment Policy A. B. C. D. TABLE OF CONTENTS Personnel Records......... ........ ......................... .................... ...3 Confidentiality.............. ..... ............................. ............ .........3 Employment Categories......... ..................... ............... ............5 Attendance................................................... .................... ...5 Lunch Periods........................................... ......... ..................5 Taking Time Off........ ..... ........... ............... ....... ....................6 Payroll...............................................................................6 Payroll Deductions................ .......... ............... ......................7 Inclement Weather/Emergency Closings........... ......................... 7 Smoking. ................. ............ ..... ..........................................7 Cell Phones... ...... ............. .............. ................ ...... ............... 7 Foul Language................... ........... .......................................7 Mail & Deliveries........................................................ ............ 7 lIolitla)'s.............................................................................8 Vacations......................................................................... ..8 Funeral Leave... ......... ......................... ..... .... ................ .......8 Maternity Leave..................................................................9 Jrll~ I)II~...........................................................................9 Working Safely...... ........... ................... ............ ................ ....10 Cleaning Up...................................................................... ..10 Using Ladders................................................................... ...1 0 Report Injuries....................................................................1 0 First Aid Stations........................................................... .... ..11 Look for Hazards... ........ ........ .... .... ............ ...... .............. ... ...11 Ask Questions.............. ...... .... ......... ... ...... ......... ... ........... .....11 What is harassmen t? .................................................................................11 Responsibility.... ............................................... ................. ..11 Reporting........................................................................ ....11 Policy Statement on Sexual Harassment........... ..................................12 3 Section 800 - Special Events A. Halloween Festival & Haunted Hayride.......................................13 1. 2007 Event Information...... ........................... ............ ....13 2. Halloween Admission... ......... ........................... ..... ...... ...13 3. Parkin.g................................................................. .... .14 4. Security... ...................................................... ........... .14 5. Communication........................................................ ..14/15 B. Winter Wonderland Holiday Display 1. 2007 Event Information............................................... ...15 2. Winter Wonderland Admission............ .......... ........ ..........15 3. Parking.. ........... ......... ......... ..................................... ...15 Section 900 - Princess Anne Hunt Club Residents........................................16 4 Section 100 General I nformation A. Equal Opportunity Hunt Club Farm is an Equal Opportunity Employer. This means that we will extend equal opportunity to all individuals without regard for race, religion, color, sex, national origin, age, disability, handicaps or veterans status. This policy affirms Hunt Club Farm's commitment to the principles of fair employment and the elimination of all vestiges of discriminatory practices that might exist. We encourage all employees to take advantage of opportunities for promotion as they occur. Employees with questions or concerns about discrimination in the workplace are encouraged to bring these issues to Randi or John Vogel, directly. Employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in unlawful discrimination will be subject to disciplinary action, including termination of employment. B. Personnel Records It is important that the personnel records of Hunt Club Farm be accurate at all times. It is the responsibility of each employee to promptly notify their manager of any changes in name, home address, telephone number, marital status, number of dependents, or any other pertinent information which may change. Personnel files are the property of Hunt Club Farm, and access to the information is restricted. Management personnel of Hunt Club Farm who have a legitimate reason to review the file are allowed to do so. Employees who wish to review their own file should contact their manager. With reasonable advance notice, the employee may review hislher personnel file in the Company's office and in the presence of their manager and John or Randi Vogel. C. Confidentiality Upon accepting employment with Hunt Club Farm you agree to not disclose or use any of Hunt Club Farm's confidential information, either during or after your employment. Confidential information includes but is not limited to sales information, customer contact information, customer attendance and special event procedures. We sincerely hope that our relationship will be long-term and mutually rewarding. However, your employment with Hunt Club Farm assumes an obligation to maintain confidentiality, even after you leave our employ. Employees who improperly use or disclose confidential business information will be subject to disciplinary action, including termination of employment and legal action, even if they do not actually benefit from the disclosed information. 5 If you are questioned by someone outside the company and you are concerned about the appropriateness of giving them certain information, you are not required to answer. Instead, as politely as possible, refer the request to your manager. D. Office EquipmentlFarm Equipment Hunt Club Farm. will provide you with the necessary equipment to do your job. None of this equipment should be used for personal use. 1. Telephones - The telephone lines at Hunt Club Farm must remain open for business calls and to service our customers. Employees are requested to discourage personal calls - incoming and outgoing - with the exception of emergency calls and/or necessary, but brief call from your children, spouse or parents. No long distance calls are to be made on company phones which are not strictly business related. You should provide your family, with the appropriate Hunt Club Farm telephones numbers to contact in case of emergency. 2. Computer Equipment - Computer equipment may not be used for personal use - this . includes printing, word processing and computing functions. 3. Software and Downloads - It is forbidden to install any other programs to a company computer without permission. These forbidden programs include, but are not limited to, games, online services, instant messenger, screen savers, etc. The copying of programs installed on the company computers is not allowed unless you are specifically directed to do so by your manager. 4. Internet Use - Internet is provided for business use only. Employees are not authorized to be on the internet for personal use while on company time. 5. Email - Company provided email shall not, under any circumstances, be used for personal use. This includes the forwarding of jokes, funny emails, chain letters, etc. 6. Farm Vehicles: Kawasaki Mules, Golf Carts, Farm Truck, Tractors, etc. You must hold a valid driver's license and/or be over 18 years old and have management approval to operate these vehicles. These vehicles are for farm business use only and must remain on our fannl Hunt Club neighborhood. None of the vehicles are intended for Road Use. You must drive safely and slowly. Excessive speed or reckless driving will result in disciplinary action. All approved vehicle operators are required to return such vehicles to their designated parking area prior to the end of their shift. Failure to return vehicles to their designated area will not be tolerated, as improper storage may lead to theft and of injury. 7. Farm Equipment: We will provide you with everything needed to complete your job. You are required to handle and use all equipment with care. Never operate unsafe equipment. It is your responsibility to return all equipment to its intended storage place after each use. Additionally, report any broken equipment to your supervisor immediately. We expect normal wear and tear, however, lack of care and/or misuse of company equipment is grounds for immediate dismissal. 6 Section 200 Emvlovment Information A. Employment Categories Permanent Full-Time is an employee who has successfully completed their introductory period, has no tennination date and who works an average of at least 30 hours per week, and up to 60 hours per week, weather and season pennitting. Seasonal Full-Time is an employee who has successfully completed their introductory period, who is scheduled to work 20 or more hours, but less than 50 hours per week, weather and season pennitting and has an anticipated tennination date/seasonal position. Seasonal is an employee, who mayor may not have completed their introductory period, yet is hired from time to time for seasonal special events. Seasonal employees are not pennitted to work over 40 hours per week. Introductory Period: Hunt Club hires all potential Seasonal employees on a 6 week/ 42 day introductory period. Hunt Club Farm reserves the right to terminate any new hire during this introductory period. Over Time: Overtime work is only performed when necessary and approved in advance by your manager and John or Randi V ogeL You are expected to work necessary overtime when requested to do so, and hourly employees will receive time and one-half pay for time worked exceeding 40 hours in any given work week. B. Attendance Employees are expected to arrive at work five to ten minutes prior to their scheduled start time. Employees must clock-in and be at their work station when they are scheduled to start working. By law, we are obligated to keep accurate records of the time worked by hourly employees. Tbis is done by a time clock. You are required to clock in and clock out every time that you work. You are responsible for accurately reporting your time. In the event of an error in reporting your time, please report the error to your supervisor immediately and complete a Time & Attendance Request Form. False time reporting is grounds for immediate termination. If you are unable to report for work for any reason, notify your supervisor immediately and before your scheduled starting time. You are responsible for speaking directly with your supervisor about your absence. It is not acceptable to leave a message on a supervisor's voice mail, except in extreme emergencies. In the case of leaving a voice mail message, you must also call our main office at (757) 427-9520 or (757) 301-2768. Additionally, a follow-up call must be made to your supervisor later that day. Failing to call in prior to your scheduled start time, undue tardiness or false time reporting may result in disciplinary action up to and including termination. If two consecutive days of no-calli no-show occur, the Company will assume you are resigning from your position. Consult your immediate supervisor regarding his/her expectations as to when and how to call in to report absences. 7 C. Lunch Periods Employees are permitted to clock out for a one-half hour lunch break when they are scheduled to work more than 6 hours. Lunch breaks generally are taken on a staggered schedule so that your absence does not create a problem for co-workers or customers. Failure to clock out for lunch, when you are away from your work station, is considered false time reporting and is grounds for immediate termination. D. Time Off Time off must be scheduled in advance in accordance with the needs of your department and supervisor. Personal time is always subject to management approval. Taking time without approval may result in disciplinary action. In addition, employees who exhibit a pattern of poor attendance, for example, consistently missing a certain day of the week, may be subject to disciplinary action as well. Please ask your ,immediate supervisor for details on attendance and punctuality expectations. E. Payroll Hunt Club Farm's employees are paid weekly on Thursdays after 2 pm. Changes will be made and announced in advance whenever holidays or closings interfere with the normal pay schedule. Paychecks will not, under any circumstances be given to any person other than the employee without advanced written authorization. It is every employee's responsibility to accurately report their time worked. Hunt Club Farm will not recognize unauthorized or incomplete time tracking. In the event that you fail to clock in or out, you should immediately contact your supervisor and complete a Time and Attendance Request Form. All forms are due by Monday at Noon. We will process your pay check according to your electronic time and completed request forms. Corrections received after Monday at Noon, will be processed on the next pay period. All Requests must be completed within seven days ofthe receipt of your pay check. Failure to follow time tracking and payroll procedures will result in disciplinary action. Occasionally, pay checks are notaccurate. Always review your paycheck prior to cashing or depositing. If your check is less than you think it is supposed to be, please contact your supervisor and complete a Time & Attendance Request Form. If your check is more than you think it is supposed to be, depositing or cashing that check is grounds for immediate termination and potential legal action. Report overpayment to any manager and your check will be corrected immediately. F. Payroll Deductions As required by law, Hunt Club Farm will deduct Federal, Social Security and Income Tax from your payroll check each pay period. Garnishments and court ordered deductions will be withheld as required by law. You will be charged a $5.00 per garnishment check fee. G. Inclement Weather/Emergency Closings 8 At times, emergencies such as severe weather, fIres, or power failure can disrupt company operations. The decision to close the farm will be made by John and/or Randi Vogel. When the decision is made to close the farm, employees will receive official notification from the manager. Time off from scheduled work due to emergency closings will be unpaid for all employees. H. Smoking Smoking is not permitted in the presence of customers or when it adversely' affects Hunt Club Farm's business associates or other employees, or in a confined work space. Please be courteous and concerned about the needs of your fellow employees and others. Please do not smoke in restricted areas. I. Cell Phones Cell phones are not permitted without advance approval from owners or immediate supervisor. Managers and select employees may obtain cell phone use approval from Randi or JD Vogel. Permitted cell phone use will be revoked if it is abused or interferes with your job. J. Foul Language Obscene, vulgar or curse language is not permitted at Hunt Club Farm. It is every employee's responsibility to refrain from using foul language and remind other employee's of improper language. Using Foul language in front of customers is not permitted and may result in disciplinary action. K. Mail & Deliveries Employment at Hunt Club Farm does not authorize an employee to accept mail, deliveries, summons or any other business related correspondence for Hunt Club Farm or its owners. Employees are not allowed to sign for the company unless permission is granted in advance from JD or Randi V ogeI. Do not check, attend or send mail from our Business Mail Box. All outgoing mail must be sent through main office. Only Farm residents are allowed to use the farm address for personal mail. In the event that someone is trying to make a delivery to the Farm, locate an authorized signer or call John or Randi Vogel to receive delivery. In the event that no one is available, ask carrier to attempt delivery at another time. L. Job Objectives, Performance Reviews, Salary Reviews We want you to grow and succeed in your position; Hunt Club Farm will conduct formal or informal reviews from time to time for employees. New employees may be reviewed at the end of their Introductory Period. A review may also be conducted in the event ofa promotion or change in duties and responsibilities. During a formal performance review your supervisor may cover the following areas: The quality and quantity of your work; Strengths and areas for improvement; Attitude and willingness to work; Initiative and teamwork. Attendance; Customer service orientation; Problem solving skills; and ongoing professional growth and development. 9 Your manager is interested in helping you to progress in order to achieve personal as well as work-related goals - perhaps he/she can recommend further training or additional opportunities for you. The performance review gives your manager an opportwrity to suggest ways for you to advance and make your job at Hunt Club Fann more fulfilling. Section 300 Emplovee Benefits A. Holidays Hunt Club Fann recognizes and closes for the following holidays: Thanksgiving, Christmas Day and New Years Day. Additionally, Hunt Club Fann is closed for the month of January. F:ull-time Permanent Employees that are paid hourly will not be guaranteed a minimum number of hours for the months of January, February or March. B. Vacation Effective as of January 2007. After one (1) year of employment, Hunt Club Fann permanent employees are entitled to forty (40) hours paid vacation per calendar year. After five (5) years of consecutive permanent full time employment, Hunt Club Fann employees are entitled to eighty (80) hours paid vacation per calendar year. Seasonal employees are not eligible for paid vacation. Every effort will be made by Hunt Club Farm to accommodate vacation requests. Employees must make request for vacation time 14 days in advance. Vacation days can be taken in half-days or full days only. Vacation requests will not be granted for the month of October. Employee's who resign in good standing and give proper notice of termination, are entitled to receive payment for accrued vacation, not yet taken. If the employee has taken more vacation than actually accrued at the time of resignation, the unearned vacation will be deducted from the employee's fmal pay check. C. Funeral Leave Hunt Club Fann allows Permanent Full Time Employees, three (3) days off, with pay, for a death in your immediate family. Immediate family includes parents, spouse, children, brothers, sisters, mother-in-law, father-in-law, grandparents, or grandchildren. You may request additional days, which must be approved by your manager. The additional days will be unpaid. Funeral leave for death of someone other than immediate family must be approved by your manager. Absence for such a death is limited to two (2) days and will be unpaid. D. Maternity Leave Hunt Club Fann offers Maternity Leave to its Permanent Full Time employees for birth or adoption. Employees are provided two (2) weeks paid maternity leave for the period following birth or adoption. Employees may take up to an additional four (4) weeks unpaid leave for birth or adoption. This does not apply to animal birth or adoption. 10 E. Jury Duty Employees will be granted time off to serve jury duty, without pay. A copy of the jury duty summons and all other associated paperwork are required for your personnel file. Section 400 Anti-Substance Abuse Hunt Club Farm will dismiss employees who report for duty while impaired by use of alcoholic beverages or drugs. Employees are not permitted to consume alcoholic beverages while working. The possession, use, sale, transfer or purchase of any drug or other controlled substance which may alter an individual's mental or physical capacity is grounds for immediate disciplinary action, including termination and police notification. The exceptions are anti-acids, aspirin or ibuprofen based products and legal drugs which have been prescribed to that employee, which are being used in the manner prescribed. All employees should report evidence of alcohol or drug abuse to a manager or a personnel representative immediately. In cases where the use of alcohol or drugs poses an imminent threat to the safety of persons or property, an employee must report the violation. Failure to do so could result in disciplinary action for the non-reporting employee. Employees who violate the Anti-Substance Abuse Policy will be subject to disciplinary action, including termination. It is a condition of your continued employment with Hunt Club Farm that you comply with the Anti-Substance Abuse Policy. Section 500 Safety A. General Employee Safety Hunt Club Farm is committed to the safety and health of all customers and employees. Additionally, we recognize the need to comply with regulations governing injury and accident prevention and employee safety. Maintaining a safe work environment, however, requires the continuous cooperation of all employees. If you are ever in doubt about how to safely perform a job, it is your responsibility to ask your manager for assistance. Any suspected unsafe conditions and all injuries that occur on the job must be reported immediately. Compliance with these safety rules is considered a condition of employment. Therefore, it is a requirement that each manager make the safety of employees an integral part of herlhis regular management functions. Hunt Club Farm strongly encourages you to communicate with your manager regarding safety issues. B. Reporting Safety Issues All accidents, injuries, potential safety hazards, safety suggestions, health and safety related issues must be reported immediately to your manager. Managers are required to call John or Randi Vogel immediately. If you or another employee or customer is injured, you should contact your manager to call for outside emergency response agencies, if needed. If an injury does not require medical attention, a Manager and Employee Report of Accident Form must still 11 be completed in case medical treatment is later needed and to insure that any existing safety hazards are corrected. Federal law (Occupational Safety and Health Administration) requires that we keep records of all illnesses and accidents which occur during the workday. The Virginia state Workers' Compensation Act also requires that you report any workplace illness or injury, no matter how slight. If you fail to report an injury, you may jeopardize your right to collect workers' compensation payments. OSHA also provides for your right to know about any health hazards which might be present on the job. Section 600 Safety Rules Safety is everybody's business. Safety is to be given primary importance in every aspect of planning and performing all Hunt Club Farm activities. We want to protect you against injury and illness, as well as minimize the potential loss of production. Below are some general safety rules to assist you in making safety a regular part of your work. Your supervisor may post other safety procedures in your department or work area. A. Working Safely Safety is everyone's responsibility. Remind your co-workers about safe work methods. Immediately report any suspected hazards and all accidents to your manager. Managers are required to notify John or Randi Vogel immediately concerning all farm hazards and accidents. B. Cleaning Up To prevent slips and tripping, clean up spills and pick up debris immediately. At the end of each day a clean-up of the day's work shall be conducted. The clean-up routine will be directed by your supervisor. Clean Up is a continual part of every employee's job and is a daily requirement. C. Using Ladders Place ladders securely. Do not stand on boxes, chairs or other devices not intended to be used as ladders. D. Report Injuries Immediately report all injuries, no matter how slight, to your manager. A written Injury report must be completed. Managers are required to contact John or Randi Vogel immediately. E. First Aid Stations Basic First Aid Stations are located in the Main Farm Office, Farm Market, Petting Farm Feed Room and at each Haunted Event office. . G. Look for Hazards 12 Always think ahead and look for hazards. Including but not limited to: Equipment or tools in customer areas, holes in walk-ways and trip hazards, hazards in animal areas, trash, etc. H. Ask Questions If you are ever in doubt regarding the safe way to perform a task, please do not proceed until you have consulted a supervisor. Employees will not be asked to perform any task which may be dangerous to their health, safety or security. If you feel a task may be dangerous, inform your manager at once. We strongly encourage employee participation and your input on health and safety matters. Employees should report potential hazards and make suggestions about safety without fear of retaliation. We appreciate, encourage and expect this type of involvement! Remember, failure to adhere to these rules will be considered serious infractions of safety rules and will result in disciplinary actions. Section 700 Harassment POliCY Hunt Club Farm intends to provide a work environment that is pleasant, professional, and free from intimidation, hostility or other offenses which might interfere with work performance. Harassment will not be tolerated. A. What Is Harassment? Workplace harassment can take many forms. It may be, but is not limited to, words, signs, offensive jokes, pictures, posters, e-mail jokes or statements, pranks, intimidation, physical assaults or contact, or violence. Harassment is not necessarily sexual in nature. It may also take the form of other vocal activity including derogatory statements not directed to the targeted individual but taking place within their hearing. B. Responsibility All Hunt Club Farm employees have a responsibility for keeping our work environment free of harassment. Any employee, who becomes aware of an incident of harassment, whether by witnessing the incident or being told of it, must report it to their manager or the designated management representative with whom they feel comfortable. When management becomes aware of the existence of harassment, it is obligated by law to take prompt and appropriate action, whether or not the victim wants the organization to do so. C. Reporting While Hunt Club Farm encourages you to communicate directly with the alleged harasser, and make it clear that the harasser's behavior is unacceptable, offensive or inappropriate, it is not required that you do so. It is essential, however, to notify your manager immediately even if you are not sure the offending behavior is considered harassment. Any incidents of harassment must be immediately reported to a manager or other management representative. Appropriate investigation and disciplinary action will be taken. All reports will be promptly investigated with due regard for the privacy of everyone involved. However, confidentiality cannot be guaranteed. Any employee found to have harassed a fellow employee 13 or subordinate will be subject to severe disciplinary action up to and including termination. Hunt Club Farm will also take any additional action necessary to appropriately remedy the situation. Retaliation of any sort will not be permitted. No adverse employment action will be taken for any employee making a good faith report of alleged harassment. Hunt Club Farm accepts no liability for harassment of one employee by another employee. The individual who makes unwelcome advances, threatens or in any way harasses another employee is personally liable for such actions and their consequences. Hunt Club Farm mayor may not provide legal, financial or any other assistance to an individual accused of harassment if a legal complaint is filed. D. Policy Statement on Sexual Harassment What Is Sexual Harassment? Sexual harassment may include unwelcome sexual advances, requests for sexual favors, or other verbal or physical contact of a sexual nature when such conduct creates an offensive, hostile and intimidating working environment and prevents an individual from effectively performing the duties of their position. It also encompasses such conduct when it is made a term or condition of employment or compensation, either implicitly or explicitly and when an employment decision is based on an individual's acceptance or rejection of such conduct. It is important to note that sexual harassment crosses age and gender boundaries and can not be stereotyped. Among other perceived unconventional situations, sexual harassment may even involve two women or two men. Sexual harassment may exist on a continuum of behavior. For instance, one example of sexual harassment may be that of an employee showing offensive pictures to another employee. Generally, two categories of sexual harassment exist. The first, "quid pro quo," may be defined as an exchange of sexual favors for improvement in your working conditions and/or compensation. The second category, "hostile, intimidating, offensive working environment," can be described as a situation in which unwelcome sexual advances, requests for sexual favors, or other verbal or physical contact of a sexual nature when such conduct creates an intimidating or offensive environment. Examples of a hostile, intimidating, and offensive working environment includes, but is not limited to, pictures, cartoons, symbols, or apparatus found to be offensive and which exist in the workspace of an employee. This behavior does not necessarily link improved working conditions in exchange for sexual favors. It is also against Hunt Club Farm's policy to download inappropriate pictures or materials from computer systems. Hunt Club Farm prohibits any employee from retaliating in any way against anyone who has raised any concern about 'sexual harassment or discrimination against another individual. Hunt Club Farm will investigate any complaint of sexual harassment and will take immediate and appropriate disciplinary action if sexual harassment has been found within the workplace. Section 800 Svecial Events 14 A. Halloween Festival & Haunted Hayride 1. 2007 Event Information a. 2007 Event Dates: (21 Nights) October 5-7, 10-14, 17-21,24-31,2007. b. Hours of Operation: Events open from 7 pm to 11 pm nightly. Ticket Booth closes at 10pm. Events start closing immediately after to assure timely closure. c. General Admission: Event Admission is controlled via Wristbands and Tickets. Tickets are valid anyone night and allow for one visit through each Halloween Attraction. Fast Pass Tickets are valid for anyone night and allow for one visit through each Haunted Attraction without having to wait in the regular ticket line. Wristbands are date specific and are valid for unlimited event admission on one evening. 2. Halloween Admission a. Fundraisers: Local High School, Middle Schools, Colleges and Sports groups sell Halloween Tickets with a Free Upgrade Coupon as a fundraising opportunity. Tickets must be sold at approved locations and not on or near Hunt Club Farm property. Fundraising Tickets are issued on Friday, Sept 21. Fundraising Tickets are valid for event admission; however, tickets must be presented to Will Call for Free Wristband upgrade. b. On-line Sales: Tickets and Wristbands are sold on-line at www.huntclubfarm.com through Smart Tix in advance for specific Festival dates. Tickets can not be purchased on-line after 8pm for that evening performance. Customers must present their order confIrmation at Will Call to receive tickets or wristbands. Will Call closes at 10 pm nightly for ticket pick-up. c. Ticket Box Office: Tickets go on sale Saturday, Sept 29th through October 31,2007. The Box office is open from 10 am to 6 pm during October on Non-Festival Dates. The Box office is open from lOam to 10 pm for all Halloween Festival Nights. d. Complimentary Tickets: Complimentary Tickets are not valid on Friday and Saturday Nights. Complimentary tickets are provided for event staff, promotional give-aways, neighbors, etc. e. VIP Tickets: VIP Tickets are valid any night. VIP tickets are provided for Hunt Club managers, sponsors, special guests and trade. VIP tickets allow one time through each haunted events. VIP tickets DO NO allow front of line access or any other special services. 15 f. Group Sales: Groups of 25 or more people can make advanced Reservations to receive a group discount and front the line escort to the Haunted Hayride. All Groups are encouraged to car pool. 3. Parking a. Customer Parking: Hunt Club will employee 10-20 parking attendants and 2 police officers to assist in Halloween Festival traffic and parking. We have created a drop-off- turnaround access in Parking Field One (1) to alleviate back up on London Bridge Road. Cars are not permitted to stop for drop-off prior to entering the grass parking lot. b. Police Assistance: Two Squad cars are requested from the Virginia Beach Police Department, nightly, to promote traffic and parking safety. All traffic from London Bridge Road is directed to event site by off-duty Virginia Beach police officers. c. Emergency Vehicles: Hunt Club provides Rescue Squad parking in front gravel parking lot to allow easy entry and exit. d. Handicap Parking: All event staff is required to park at Hunt Club Farm Field One. Enter Farm at Market Entrance and exit farm at Kennel Entrance. e. Staff Parking: All event staff and seasonal staff are required to park in Hunt Club Field One. Staff should enter the Farm at the main market entrance and exit farm at the Kennel Entrance. 4. Security a. Virginia Beach Police: Each Festival night, two to four (2-4) off-duty Police Officers are contracted from on-site security. b. Hunt Club Security Staff: Hunt Club provides eight to ten staff members for event security and general order. 5. Communication a. Radio Communication: Hunt Club utilizes VF portable radios ad cellular phones for event communication. Radios are provided to approx 30-40 staff members nightly. During October; we operate one frequency for parking and a separate frequency for event staff. b. Noise: We are very concerned about ensuring that noise levels from our special events do not create a nuisance to any of our neighbors. All staff members are expected to help monitor the appropriate noise levels. A Specific staff member will be assigned nightly to walk the perimeter of the 16 event area to monitor noise levels. Any noise concerns noted must be reported to Randi Vogel or Other Event Manager on duty. B. Winter Wonderland Holiday Display 1. 2007 Event Information a. 2007 Event Dates: November 23rd to December 31, 2007. b. Hours of Operation: Winter Wonderland Barn Open 9am to 9 pm nightly. Ticket Sales end at 8:30 pm. c. General Admission: Event Admission is controlled via Wristbands. All Wristbands are valid for All Day admission to the Winter Wonderland Christmas Barn and Petting Farm. Wristbands are date specific and only valid for the date of purchase. 2. Winter Wonderland Admission c. Fundraisers: Local Elementary Schools and special interest groups sell Winter Wonderland Tickets at a discounted rate as a fundraising opportunity for their group. Tickets must be sold at approved locations and not on or near Hunt Club Farm property. Fundraising Tickets are valid for event admission; however, tickets must be presented to Will Call for Free Wristband upgrade. d. Ticket Box Office: The Winter Wonderland Box office is located in the Christmas Barn and is open from 9 am to 9 pm. e. Complimentary Tickets: Complimentary Tickets are not valid on Friday and Saturday Nights. Complimentary tickets are provided for event staff, promotional give-aways and neighbors. Additionally, Hunt Club Farm provides free admission tickets to all students at Partner in Education schools. Complimentary tickets are also distributed to non-partner elementary schools for Academic and community achievement. f. Group Sales: Groups of 25 or more people can make advanced Reservations to receive a group discount. 3. Parking a. Customer Parking: Hunt Club will employee parking attendants as needed. b. Handicap Parking: Reserved handicap area is located in Hunt Club Field One, closest to Christmas Barn for all handicap customers. Handicap customers are also permitted to park in Hunt Club front gravel parking lot. 17 c. Staff Parking: All event staff and seasonal staff are required to park in Hunt Club Field One. Staff should enter the Farm at the main market entrance and exit farm at the Kennel Entrance. Section 900 Princess Anne Hunt Club Residents 1. Princess Anne Hunt Club residents are those neighbors who live at neighboring farms. The following is a list of current neighbors. All Neighbors shall be given special attention by parkers and event staff to ensure that they are able to get to their houses in a timely manner during special events. All Neighbors and their guests are permitted to use the Kennel Drive during Special Events. Princess Anne/Hunt Club Neighbors: (Update 8/07) LOT # OWNER(S) & MAILING ADDRESS A-I-A: 2.74 acres Kathie D. Vogel A-3: 5 acres 2400 London Bridge Rd, 23456 A-I-B: 12.9 acres John D. Vogel A-2: 10 acres 2388/2392 London Bridge Rd, 23456 A-? Pat Berson Clubhouse, 3 acres 2380 London Bridge Rd, 23456 A -4: 10 acres Sali Gear A-5?: 5 acres 2424 London Bridge Road A-5-??: 5 acres Rebecca & Mike Kelley 2428 London Bridge Road, 23456 A-6: 10 acres Mrs. Mary Echols /Mary & Robert Goodman 1633 Arrowhead Pt. Va Bch, VA 23455/2432 London Bridge Rd, 23456 Parcel B: 20 acres Mary Smith / Tyler & Carol Smith 109 64th Street, Va Bch, VA 23451 A-??: 10 acres Mark & Kelley Hansen 2376 London Bridge Rd, 23456 Thatcher Family (Joe Thatcher) 20 acres 744 Alliance Drive, Va Bch, V A 23454 A-8- ??: 4.6 acres Terri Butler (Mike Butler) 2324 London Bridge Road, 23456 A-II: 8.56 acres Tom Dunham 2508 Bodnar Lane, Va Bch, VA 23456 A-12: 5.585 acres John Sweeney 2332 London Bridge Rd. 23456 A-13: 5.707 acres Carole Johnson & Anne Bisese 2336 London Bridge Rd. 23456 A-8-? 5. Ed & Karol Saner . A-17 & A-18 2320 London Bridge Rd, 23456 A-19: 5.426 acres John & Kathleen Wilson 2280 London Bridge Rd, 23456 A-20: 5.412 acres Patti Holt 2283 London Bridge Rd, 23456 18 A-21: 5.474 acres Bill Moffat & Matt Preece 2287 London Bridge Rei, 23456 A-22: 5.52 acres Shirley Dale 2284 London Bridge Rd, 23456 A-23: 5.521 acres Bob Doolittle 578 Ingram Rd, Va Bch, V A 23452 A-16: 6.237 acres Jim "Red" & Betty Hysinger 2274 London Bridge RD, 23456 19 ~....... ,..~,\':,v..~... r~'~~.~;'~ R"'l~. ....:.-:t' (~... ~...., \~:~~lP ....~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of J. D. Valley, L.L.C. for a Conditional Use Permit for motor vehicle sales and rental on property located at 6119 Indian River Road (GPIN 1456430612). DISTRICT 1 - CENTERVILLE MEETING DATE: October 23,2007 . Background: The applicant requests a Conditional Use Permit to allow redevelopment of the site for the sales and rentals of motor vehicles. On September 25, the City Council deferred this application at the request of the applicant. . Considerations: The 0.693 acre site will have a motor vehicle sales establishment. Ingress and egress to the site will be the same as it is currently, from Indian River Road and Old Providence Road. There will be 50 vehicles for sale on the lot, and there will be at least five employees. The hours of operation will be from 9:00 a.m. to 7:00 p.m. The applicant will use the existing building, formerly a fast food establishment, and will replace the existing signage on the building. The applicant will also install a monument-style sign to replace the existing free- standing sign located on the premises. Street frontage and foundation landscaping will be required during plan review. The request is consistent with the recommendations of the Comprehensive Plan, and with the recommended conditions below, will be compatible with uses in the surrounding area. There was opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 7-1 with 1 abstention to approve this request with the following conditions: 1. The proposed site plan shall clearly depict the customer and employee parking, vehicle display areas, and the proposed landscaping. No business license shall be approved until said site plan is reviewed and approved by the J. D. Valley, L.L.C. Page 2 of 2 Department of Planning and a Certificate of Occupancy has been issued for the site. 2. The existing pole sign shall be replaced with a freestanding monument style sign, no more than eight (8) feet in height. The base of the sign shall be made of the same or similar brick material as the building. 3. The applicant shall provide streetscape landscaping along Indian River Road, and an evergreen hedge along Old Providence Road. Building foundation screening shall also be provided. 4. The existing shed behind the building, the menu board, and drive-thru signs shall be removed. 5. There shall be no pennants, streamers, balloons, portable signs, menu board signs, or banners displayed on the site or the vehicles. 6. Vehicles shall be parked within the designated areas, and no vehicles shall be parked within any portion of the public right-of-way. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. 7. No outside paging system or speakers shall be permitted. 8. The building shall be painted in earth tone colors, and the building trim and accents may be painted with a primary color that the applicant uses to identify the business. 9. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from any adjoining properties. Outdoor lighting fixtures shall not be erected any higher than 14 feet. A photometric (lighting) plan shall be submitted for review prior to issuance of the business license. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. ntJAgency: Planning Departmen~ JJ17- J.D.VALLEY, L.L.C. Agenda Item 5 August 8, 2007 Public Hearing Staff Planners: William Lucas and Faith Christie REQUEST: Conditional Use Permit for Motor Vehicle Sales and Rental ADDRESS I DESCRIPTION: 6119 Indian River Road GPIN: 14564306120000 COUNCIL ELECTION DISTRICT: 1 - CENTERVILLE SITE SIZE: 0.693 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow . redevelopment of the site for the sales and rentals of motor vehicles. The 0.693 acre site will have a motor vehicle sales establishment. Ingress and egress to the site will be from Indian River Road and Old Providence Road, as currently exists. There will be 50 vehicles for sale on the lot, and there will be at least five employees on site. The hours of operation will be from 9:00 a.m. to 7:00 p.m. The applicant will use the existing building, formerly a fast food establishment, and will replace the existing signage on the building. The applicant will also install a monument-style sign to replace the existing free-standing sign located on the premises. Street frontage and foundation landscaping will be required during plan review. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A vacant fast food restaurant occupies the site. The site is zoned B-2 Business. SURROUNDING LAND North: . USE AND ZONING: . South: . . East: . West: . Indian River Road Across Indian River Road are multi-family dwellings and automotive repair I A-18 Apartment and B-2 Business Old Providence Road Across Old Providence Road is the site of a proposed Senior Housing complex I A-36 Apartment Motor vehicle sales I B-2 Business Vacant bank & motor vehicle sales I B-2 Business J. D. VALLEY, LLC Agenda Item 5 Page 1 NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant cultural or environmental features on this site, as it is already developed. 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 front of this application is a six-lane major urban arterial street. There is currently no roadway CIP Project scheduled for this portion of Indian River Road. The MTP depicts this section of Indian River Road as an eight-lane roadway within a 155-foot right-of-way. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Indian River 35,456 ADT 55,500 ADT Existing Land Use .<- Road 3,360 Peak 5,800 Peak Hour 1 ,289 ADT Hour Proposed Land Use 3 _ 106 ADT , Average Dally Tnps 2 as defined by fast food restaurant (previous use) 3 as defined by used car sales WATER: This site is already connected to City water. There is an existing 20-inch City water main and an 8- inch City force main along Indian River Road. There is an existing 6-inch and a 12-inch City water line along Sunnyside Drive. There is an existing 8-inch water line along Old Providence Road that ends to the west of the site. SEWER: This site currently connects to sanitary sewer. Further development of this property will require analysis of Pump Station #411 and the sanitary sewer collection system to ensure future flows can be accommodated. There is an existing 8-inch City gravity main and an 8-inch City force main along Sunnyside Drive. There is existing 8-inch City gravity main along Old Providence Road. SCHOOLS: School populations are not affected by the request. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. J. D. VALLEY, LLC Agenda Item 5 Page 2 Comprehensive Plan: This site is located in a Primary Residential Area. The Plan notes that "limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities." Evaluation: The request for a Conditional Use Permit for Motor Vehicle Sales and Rental is acceptable subject to the conditions below. The request is consistent with the recommendations of the Comprehensive Plan, and with the recommended conditions below, will be compatible with uses in the surrounding area. CONDITIONS 1. The proposed site plan shall clearly depict the customer and employee parking, vehicle display areas, and the proposed landscaping. No business license shall be approved until said site plan is reviewed and approved by the Department of Planning and a Certificate of Occupancy has been issued for the site. 2. The existing pole sign shall be replaced with a freestanding monument style sign, no more than eight (8) feet in height. The base of the sign shall be made of the same or similar brick material as the building. 3. The applicant shall provide streetscape landscaping along Indian River Road, and an evergreen hedge along Old Providence Road. Building foundation screening shall also be provided, 4. The existing shed behind the building, the menu board, and drive-thru signs shall be removed. 5. There shall be no pennants, streamers, balloons, portable signs, menu board signs, or banners displayed on the site or the vehicles. 6. Vehicles shall be parked within the designated areas, and no vehicles shall be parked within any portion of the public right-of-way. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. 7. No outside paging system or speakers shall be permitted. 8. The building shall be painted in earth tone colors, and the building trim and accents may be painted with a primary color that the applicant uses to identify the business. 9. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from any adjoining properties. Outdoor lighting fixtures shall not be erected any higher than 14 feet. A photometric (lighting) plan shall be submitted for review prior to issuance of the business license. J. D. VALLEY, LLC Agenda Item 5 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. J. D. VALLEY, LLC Agenda Item 5 Page 4 AERIAL OF SITE LOCATION J. D. VALLEY, LLC Agenda It~m 5 Page 5 aVO/A/V (';~fVff? Ro 1IIDl)f RIlr) AD -- -- €b Ui ~ <"'. Ob-V 'R' ,-:~ct~ co'\j\~~~ ~ '? '" I."~- PROPOSED SITE PLAN J. D.VAlLEY, lLC Agenda Item 5 Page 6 l.U ~ ~ ~ :1:' r-~ LL. . ::l~ ll.l D <: ~ LL.. ~~ ~.~ '" " ~.;i i iin j:!: l:iQj "a ;:: ~; ~ ~~ ~ ge~ .;ii; ii ~l!d u !S ;1:f = ;; i iJ)!r t!:!: iJ):!; J ~I L- L L '1 00-." 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" '" =~ "'::: C> _ "'- It):': "' ~ c: ~ c;;.~ ,,- :;.~ = 0 a::.:; ~~ ~, lI)! c, ::: O' " 1:' o! co ~I <Ii ci 1: In :s ~ t: !i c: .Q 1t ~~ o is ~:.;: r:; ~ ~'c 0'" ~~ '" 0 '~ ~ c: " ~ - 0& ~8 8.s o c: ~ " ;0 :.:. ='5 ~ 0 $ ,; - '" .. '" () c: ~'Vi 03 o '" ~ g ~ $ c g- o. ('. en a; :s .~ oct .: is '" :; iii c: '" :: )1 is o o >- o "3. E o 10 U~ l~ 1.51 o I U .: 1= '0 01 ~ c> Z:5 ~ '5 "3. '" E ~ 5 ~ ~ '(S>= g~~ O,SJ: '. 1) ~. '" '" '" o ~ '" o :; >- o VI -= ~ . - < ~ ?z ;~ ~ c' ~ 8. ~ OU:.! DISCLOSURE STATEMENT ~ en '" Q; ~ c: <ll '" > ~ :. U " '" ell " C e> -;; . ~ c ~ Q lJl .. J. D. VALLEY, LLC Agenda Item 5 Page 9 Item #5 J.D. Valley, L.L.C. Conditional Use Pennit 6119 Indian River Road District I Centerville August 8, 2007 REGULAR Barry Knight: The next portion of our meeting today will be items to be heard, the public hearing portion. I'll ask our Secretary, Mr. Strange, to call the first item to be heard. Joseph Strange: Okay. Thank you. The first item to be heard is item 5, J.D. Valley, L.L.C. An application of J.D. Valley, L.L.C for a Conditional Use Penn it for motor vehicle sales and rentals on property located at 61 19 Indian River Road, District I, Centerville, with nine conditions. Barry Knight: Welcome Eddie. Eddie Bourdon: Thank you Mr. Chainnan. Again, for the record, Eddie Bourdon, a Virginia Beach attorney, and it is my privilege to represent Mr. J.D. Valley, who is here this afternoon along with his wife. Let me first of all give you a little bit of information about the property. The property is located on Indian River Road jut west of the intersection of Providence Road. It has been occupied by a number of fast foods restaurants, and currently there is a Chinese restaurant with a drive-thru. It is zoned Unconditional B-2. Again, it fronts on Indian River Road and backs up to Old Providence Road, so it is a through lot. The property on the east side is a used car lot dealership, Family Motors. To the west, another Unconditional B-2 property that is a used car dealership, Family Motors. To our rear, again, is a public right-of-way, Old Providence Road, on the opposite side of that is a large piece of unconditional, undeveloped B-2 commercial property, completely and greatly surrounding this property are roads and unconditional B-2 property. The only land uses in place that abut the property on either side are car dealerships. The applicant is an immigrant to this country from Venezuela, where he was a high ranking military officer and an attorney. He has come to this country and has been in business for a number of years, and is hoping to move a new business in Virginia Beach, and that was his goal since he had arrived. He has worked closely with staff on this application. He has contracted to purchase the subject property. There are a number of conditions that are included in your packets including renovating the building and removing the existing pole sign on the property. It is not particularly attractive. It doesn't meet our current requirements and replacing it with a monument style sign. He has agreed to landscape the frontage of the property on both streets, both on Indian River Road and on Old Providence Road. In addition, he will be providing foundation landscaping around the building, which is not there. This building was built before any of our landscape ordinances or parking lots were in place. All of the improvements behind the building for the drive-thru will be removed. I may have misunderstood what was stated this morning. But I got the impression that there was some thought that some of that would remain, and all of that drive-thru Item #5 J.D. Valley, L.L.C. Page 2 improvements, would be removed from the property. There would be no outside paging system or speakers. And, again the building will be refurbished. The photometric plan would also be submitted with the site plan before occupancy, before the business can commence. All of the conditions that your staff has recommended are certainly acceptable. It is really an example of the melting pot that our country is when you got a Chinese restaurant being replaced by a business from an immigrant from Venezuela. So, it is pretty interesting. The only opposition, that I am aware of, is the letter you all received this morning. I thought it was a bit strange in that it intends to suggest that this is a residential area, and the reality is and, if you go back to the zoning map, it is clearly an unconditional commercial area, entirely B-2. I did have the privilege of representing the folks who rezoned this property about a year ago for a senior housing facility, but again, that's on Providence Road here and it does not adjoin this property in anyway. This is all commercial. The other thing that I would point out, and if you look at the last page of the write-up I did have some experience with this property many years ago, back in 2002. There was a street closure and it references item 2 on page 8 of the write-up. It says street closure approved. It didn't go through, but that was actually an application that consolidated these properties, closed the street. There was going to be a Walgreen on the comer, but the deal did not happen. The properties are not all owned by the same individual. My client and this application have contracted to buy this piece of property. I suspect, although I have no way of knowing, that the folks who own this piece of property, who sent the letter and own this piece of property must have had a desire to buy this property but failed to contract to purchase it. I suspect that may be the explanation for this letter that talks about it being in a residential neighborhood, which is not where this property is. It is not a residential property nor is it in a residential neighborhood. Barry Knight: Thank you Mr. Bourdon. Are there any questions for Mr. Bourdon at this time? Thank you. Eddie Bourdon: Thank you. Barry Knight: Mr. Strange? Joseph Strange: Speaking in opposition we have an attorney Ann Crenshaw. Barry Knight: Welcome Anne. Ann Crenshaw: Good afternoon. For the record, I'm Ann Crenshaw. I'm a Virginia Beach attorney and I appreciate the opportunity to speak this afternoon. There are a couple of points that I would like to clarify based on Mr. Bourdon's presentation. Clearly, these sites are adjacent to the applicant's site are zoned B-2. However, the Comprehensive Plan has this particular area listed as primary residential. The plan notes that "limited or commercial institutional activities providing desired goods or services to residential neighborhoods may be acceptable uses on the edge of established neighborhoods". And in fact, this is in the write-up supplied by Ms. Christie, the staff planner assigned to this project. I would also like to point out that this site also has this little tiny piece right here (pointing to PowerPoint) to the rear of Old Providence Road, it Item #5 J.D. Valley, L.L.c. Page 3 is not a used car lot. It is an optometrist business. It is a Dr. Olsen, whose office is there, and in fact, I spoke with him this week. Although, I do not represent him, he has expressed to me some concerns in opposition to this project. I would also tell you that Virginia Beach Economic Development Authority is very interested in cleaning up this part of the district. In fact, there are negotiations pending concerning real estate in this area for major improvement. The tenant, Family Motors, on this particular site, on the corner of Indian River Road and Providence Road was given notice of termination on March 7, 2007 of its lease effective in January 2008. And, accordingly that use as a used car lot will be going away it appears. And, I would also like to point out that it would put three used car lots right in a row. I believe that the communities in general might be interested in the non-perforation of similar services as set forth in the Comprehensive Plan. Barry Knight: Thank you Ms. Crenshaw. Ann Crenshaw: I'll be happy to answer any questions. Barry Knight: Are there any questions for Ms. Crenshaw? Ms. Katsias? Kathy Katsias: Your client owns that corner piece of property? Ann Crenshaw: My client does not own that piece of property. Kathy Katsias: Okay. So how did you become privy to it? Ann Crenshaw: My client is the lessee of that property. I do not know whether the landlord will be retaining separate Counsel before City Council. I might depose that. Barry Knight: Ms. Wood, did you have a question? Joseph Strange: You said that your client doesn't own the piece of property on the corner? Ann Crenshaw: No. He does not. It is the lessee. It is the tenant who has been given notice that it is going to move. Joseph Strange: Okay. Ann Crenshaw: And it owns a piece over here. Dorothy Wood: Is your client then the Motor Company? Ann Crenshaw: Yes. Dorothy Wood: Okay. Item #5 J.D. Valley, L.L.C. Page 4 Barry Knight: Do you have any more questions Mr. Strange? Ms. Wood? Dorothy Wood: I just wanted to ask Ann, Ms. Crenshaw, the city is planning to redevelop that area. Is that what you're saying? Ann Crenshaw: They have been approached. The land owner advised me when he wrote this letter, and I was brought into this relatively late, that they were engaged in negotiations with various folks to develop this whole area, and step it up a notch. Dorothy Wood: Have you talked to Economic Development? Ann Crenshaw: I have not. I just got the letter yesterday afternoon, and I was not able to confirm that independently, and do not want to represent that I have. Dorothy Wood: Okay. Thanks. Barry Knight: Mr. Strange? Joseph Strange: Well, I guess I want to clear up here. So you say that your client has received a letter? Ann Crenshaw: Yes. Joseph Strange: So that is your client that has received the letter saying that their lease is not going to be renewed? Ann Crenshaw: Yes. On March 26,2007, I misspoke. Joseph Strange: Okay. Who owns the piece of property? They have another car lot there, also next to the Virginia Beach property. Who owns that piece of property. Ann Crenshaw: This piece of property is owned by Larrymore. This piece here is owned by RTR, L.L.C. It trades as Family Motors. Dorothy Wood: And that is your client? Ann Crenshaw: Yes. Dorothy Wood: So, they're not getting notice then right Ann? Is the other side? Ann Crenshaw: Who is also Family Motors. They're both Family Motors. There is a Family Motors on the corner and there is Family Motors here. Dorothy Wood: But the larger Family Motors will stay? Kathy Katsias: The one on the left. Item #5 J.D. Valley, L.L.C. Page 5 Ann Crenshaw: It looks a little bigger right there. It is a 7-eleven site. Barry Knight: Mr. Strange has the floor. Joseph Strange: So, the one that is going to stay is really the smaller of the two? Ann Crenshaw: Yes. Joseph Strange: Do they intend to stay there? Ann Crenshaw: I think they're there optimistic that the redevelopment will continue, and that options will exist based on improved conditions in the area. Joseph Strange: So, you think they're planning on staying there then? Ann Crenshaw: I think they would be interested in any economic benefit that they could get. In other words, if the area redevelops and these folks are successful, they're smart businessman, and they would be interested in the increased value of their property. Joseph Strange: So they do own the smaller piece of property? Ann Crenshaw: They own the smaller piece. Yes sir. Joseph Strange: I jut want to get all these ownerships straight here. Is there any actual contract? You won't know this because they don't the property on the corner that they're being evicted? Do you know if there is any contract that exists between the land owner and anyone? Ann Crenshaw: Excuse me for interrupting. I didn't mean to do that. The land owner representative has advised me that he is in the process of negotiations. Joseph Strange: In the process of negotiations, but doesn't have any kind of contract or anything? Ann Crenshaw: He didn't offer that up. No sir. Joseph Strange: Thank you. Ann Crenshaw: Thank you. Joseph Strange: I don't have any other questions. Barry Knight: Ms. Crenshaw? Ann Crenshaw: Yes sir. Item #5 J.D. Valley, L.L.c. Page 6 Barry Knight: Are there any other questions of Ms. Crenshaw? I'll ask Mr. Whitney, if he would for a little clarity. I see where that staff has recommended approval of this request with the conditions. Are you aware of any uses that the City may want for this property or any economic development that City would want on this property other than what has been recommended by staff in here? Jack Whitney: No sir. The staff is not aware of any information that Ms. Crenshaw has brought forth. Ann Crenshaw: To clarify, this is information that was given to me by the folks who wrote the letter to the members ofthe Commission. Jack Whitney: We're not aware of any active public move to redevelop that. Barry Knight: Thank you Mr. Whitney. Ann Crenshaw: Let me clarify. They're negotiating to develop something commercial there, and hopefully Economic Development may give incentives to somebody to come there. They're not asking the City to develop it into a public/private partnership or anything. Barry Knight: That is why I asked. Now I have more clarity than I did before I asked the question. Ann Crenshaw: That is my understanding. Barry Knight: Okay. Jack Whitney: The Planning Department does route these applications throughout other departments including Economic Development. We have not received any comment from the Economic Development Department regarding this application. Barry Knight: Thank you Mr. Whitney. Ann Crenshaw: Thank you. Barry Knight: Are there any other questions of Ms. Crenshaw? Thank you. Mr. Strange? Joseph Strange: Speaking in opposition we have Lynda Mason. Barry Knight: Welcome Mrs. Mason. Please state your name for the record. Lynda Mason: Lynda Mason. Item #5 J.D. Valley, L.L.c. Page 7 Barry Knight: You signed up opposing this project. Would you like to tell us why you do oppose this project? Lynda Mason: I think there is enough there besides another car lot. Besides, I like the restaurants. Barry Knight: Are there any questions for Mrs. Mason? Joseph Strange: Where do you live? Lynda Mason: College Park. Joseph Strange: Can you point that out on the map? Barry Knight: There is a button on there Mrs. Mason. Just push that and point it. Lynda Mason: Right there. Joseph Strange: Okay. Thank you. Barry Knight: Do you have any questions Mr. Strange? Is there anybody else? Henry Livas: I didn't clearly hear her objection. Lynda Mason: I object to another car dealership. Henry Livas: Okay. Barry Knight: Are there any other questions of Mrs. Mason? Thank you ma'am. Lynda Mason: Thank you. Joseph Strange: The next speaker we have in opposition is Dolly Williams. Barry Knight: Welcome ma'am. Please state your name for the record. Dolly Williams: My name is Dolly Williams. I'm a resident of College Park as well. I'm basically, I would prefer that it become a restaurant as opposed to another car dealership. We have several car dealerships in that area. And very little to no family oriented eateries. I have lived in the neighborhood for 10 Y2 years and I have two kids. And just to have another car dealership. On all four sides we have car dealerships. And on the same little road, there are three altogether. We have a petition that was signed by the residents of that area. They're objecting to it as well. They would prefer that particular piece of property. I used to frequent the Chinese restaurant. I like Chinese food. I was kind of sad when that went away. I would rather see another restaurant, which is something that is really, really needed in that area. Outside of going all the way up to Item #5 J.D. Valley, L.L.C. Page 8 Military Highway or going all the way up to Kempsville Road, there are really no restaurants in that area, but we have several car dealerships in that area. Barry Knight: Ms. Williams, would you give the petition to Mr. Redmond there. He will pass it around and Ms. Wilson will have it at the end and you can come back and get that. Are there any questions for Ms. Williams? Do you anything else to add ma'am. Dolly Williams: No. Barry Knight: Okay. Thank you. Mr. Strange, are there any other speakers? Joseph Strange: There are no other speakers. Barry Knight: Okay. Mr. Bourdon? Eddie Bourdon: Mr. Chairman, the first idea that there may be some commercial development to take place here, as obviously there has been a lot of interest in the fact hat you have unconditional zone B-2 property of significant size that would accommodate multiple restaurants and other uses. The Family Motors is leasing this property, as you heard from Larrymore who owns all this unconditional B-2 property zoned commercial. They own this piece of property upon which they operated a car dealership just as they operate one here. This property is in instant need of refurbishment. My client has contracted to purchase the property, and I think there are obviously some economic issues involved in why the folks who own all the surrounding B-2 property, who have ideas of redeveloping the property, would like to see this property devalued so they can pick it up and add it to their development. What my client is seeking to do with this Use Permit is to refurbish the property, bring up its appearance significantly but most importantly, none of that will stand in the way of potential redevelopment of this property, if that were to, in fact, be the case that it was coming because he is not knocking down the building. He is not making a huge financial investment in the property, but he is making a significant one especially for one that is business only four years old and is expanding. But the use clearly fits here. It is going to be an upgrade of the site. It will be more attractive then what is there today by a long shot. No way does it foreclose potential mysterious redevelopment opportunities. And, I know the owners of the adjoining property have been looking at development and redevelopment opportunities on this property since 2002, when I said previously, I was involved in just that type of a development that did not come to pass because the parties were not all able to put their economic interests together. So, the conditions are all acceptable. The use, clearly to view anyway, Family Motors has put a large measure behind this, and obviously there is a competitive issue here. But, the application, as your staff has recommended is appropriate one for this site as conditioned. Barry Knight: Thank you. Are there any questions of Mr. Bourdon? Joseph Strange: I have just one question that I want to make sure. So, your client is actually going to buy this piece of property if this is approved? Item #5 J.D. Valley, L.L.C. Page 9 Eddie Bourdon: He is a contractual purchaser of this piece of property. This is the business he wishes to place there. That is absolutely correct. Barry Knight: Are there any other questions for Mr. Bourdon? Mr. Bourdon, let me ask you again because I know you just said it. I just want to get it straight in my mind. Your applicant's contract owner of the parcel of property is going to upgrade the property as per the conditions. He is not going to make any huge capital improvements so if some conglomerate or whatever were to come in here and offer him a large sum of money, he might just take the money and run because that is the nature of the business. Eddie Bourdon: That is the nature of the free market. That is the nature of people trying to interfere with that free market and devalue someone's property because the owners of this property who are under contract to sell it to Mr. Valley, were in fact, a big part of a group when this whole thing was going to be redeveloped back in 2002, which did not take place for a number of reasons. But the current owners who were the owners then, who are the contractual sellers to Mr. Valley today, and they were part of the deal with the Larrymore folks, and the folks who own the property here to have this street closed and this whole property redeveloped in conjunction. This was still going to be part of a future development. It wasn't totally planned out at that point. This isn't some type of a straw that breaks the camel's back, in terms of those opportunities. This is just an upgrade of the property that will not necessarily be a permanent one that will be there for 15 or 20 years. But, that is why it makes sense, I call a holding pattern use of this piece of property is consistent to what is on both sides of it. Barry Knight: Thank you. Are there any other questions of Mr. Bourdon? Thank you Mr. Bourdon. Eddie Bourdon: Thank you very much. Barry Knight: We'll open it up among discussion among the members. Is there any discussion? Mr. Redmond? David Redmond: Mr. Chairman, I am going to have to recuse myself from participating in this vote. I have a business interest in that property. Barry Knight: So noted. Is there any discussion? Mr. Crabtree? Eugene Crabtree: Just one item. I think the proposed application we have before us is to improve that property from what it stands now. I think that the upgrade of the property, the renovations that are going to take place is going to be a plus. It does need something done to it now. I think this is going to do it now. I'm not even going to worry about what is going to come about in the future. I do not believe that another car dealership there in that area is going to hurt the neighborhood any. I can't see that it is going to hurt that whatsoever. I would like to make one comment on the petition that was handed out to us. Most of those signatures on that petition are not neighborhood residents. And, therefore, Item #5 J.D. Valley, L.L.c. Page I 0 I don't think that it holds much weight as far as that is concerned. I'm going to support the application. Barry Knight: Thank you Mr. Crabtree. Mr. Strange? Joseph Strange: Well, originally I supported the application when it first came about because it did seem like it was going to be an improvement to the area. There are already car dealerships there. Then we received late today, this morning as a matter of fact, we received this letter of opposition from the Larrymore organization. Some how or another, when Ms. Crenshaw came in, I kind of thought she represented them but I see now that she didn't represent them. She represents really the people who own Family Motors. So, there is no real contract, I mean no negotiating for a contract, all of this stuff. That is going to take years to take care of. The people of Family Motors, they're just a competitor right next to them. So, when I look at this overall picture, everybody had a chance to buy this piece of property. If the Larrymore organization wanted it, they could have bought it. So, in lieu of this and in lieu of the fact that there isn't going to be a lot of money invested in the property, I'm going to go ahead and support the application myself. Barry Knight: Would you like to put that in a form ofa motion? Joseph Strange: I would like to put that in a form of a motion. Eugene Crabtree: I'll second it. Barry Knight: Okay. There is a motion on the floor to approve agenda item 5, J.D. Valley, L.L.C. The motion made by Joe Strange and seconded by Gene Crabtree. Is there any discussion? I'll call for the question. AYE 7 NAYl ABS 1 ABSENT 2 ANDERSON ABSENT BERNAS ABSENT CRABTREE AYE HENLEY NAY HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of7-1-1, the application of J.D. Valley, L.L.C. has been approved. Item #5 J.D. Valley, L.L.C. Page 11 Eddie Bourdon: Thank you very much. La~ organization ~ August 7, 2007 Mr. Barry Knight Chairman, Planning Commission 2401 Courthouse Drive Municipal Center, Building 1 Virginia Beach, VA 23456 Re: Application of J. D. Valley, L.L.C. for a Conditional Use Permit for Motor Vehicle Sales and Rent on Property Located at6119 Indian River Road (GPIN 1456430612) DISTRICT 1-CENTERVILLE Planning Commission Agenda: August 8, 2007 Dear Chairman Knight Virginia Beach Investment Company, the owner of a parcel of real property located at 6101 Indian River Road objects to the issuance of a Conditional Use Permit for Motor Vehicle Sales and Rent for property located at 6119 Indian River Road. The Virginia Beach Investment Company site is directly adjacent to the Applicant's parcel. Although it is currently leased to an automobile dealer, Virginia Beach Investment Company's long-term plan is to seek alternative uses for the location and has provided the Tenant written notice of its intention. We recognize that the current Comprehensive Plan shows this is a Primary Residential Area. The Plan does provide some "limited commercial or institutional activities providing desired goods and services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities." Redevelopment in and around this site should improve the quality of life. A limited commercial use that supplies goods and services to the residential neighborhood is contemplated by the Comprehensive Plan. Another automobile dealer in this area will not be advantageous to the community or the City at large. 64n CoUege Park Square. Suite 306. Virginia Beach, Virginia 23464 Telephone (757) 420-3950 Facsimile (757) 424-1435 emal!: mail@larrymore.com ~.- .,,,'1A'~ :;1~t'" ..S~~, ...0 .~,. awa.....~.., (~f .... . - \'i) ~ci :;;, \ ;::::- fj J ~+:fI~:i/ ~~~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Ms. Dorothy Jacobson for a Conditional Use Permit for alternative residential development on property located on the northeast side of Pefley Lane beginning at a point approximately 300 feet north of Munden Point Road (GPIN 2308714598). DISTRICT 7 - PRINCESS ANNE. MEETING DATE: October 23,2007 . Background: The applicant requests a Conditional Use Permit for an Alternative Residential Development to allow the subdivision of a 36.4 acre parcel into three separate parcels. The City Zoning Ordinance permits Alternative Residential Development at a density of 1 dwelling unit per 5 acres on soils within Soil Area 1, and 1 dwelling unit per 10 acres within Soil Area 2 (the Soil Areas are defined in the Comprehensive Plan). . Considerations: The site consists of 16.5 acres of soils within Soil Area 1, consisting of Munden, Tetotum, and Bojac soils, and 13.6 acres of Soil Area 2, consisting of Nimmo and Dragston soils. Based on those soil types, the site has a potential of four (4) dwelling units. The applicant proposes to create three (3) lots with one dwelling unit per lot. The proposed lots will be located on a newly created cul-de-sac labeled "Munden Point Court" on the submitted Preliminary Subdivision Plat. Proposed Lot 1 is 1.03 acres and proposed Lot 2 is 2.56 acres. Proposed Lot 3 is a 32.12-acre flag- shaped lot located between Lot 1 and Lot 2. The applicant has agreed to work with the City's Department of Agriculture in establishing an agricultural and horticultural preservation easement which will ensure that the property outside the dwelling areas will remain in either agricultural production or be forested. To assist in implementing the Rural Area planning objectives, the Comprehensive Plan provides Rural Residential Guidelines that are used to evaluate requests for increased residential density on properties zoned for agricultural use in the rural area of the City. These guidelines are listed in the attached staff report Ms. Dorothy Jacobson Page 2 of 3 The proposed Conditional Use Permit to subdivide 36.37 acres into 3 lots for an Alternative Residential Development is in keeping with the limited, low-density development options outlined in Chapter 6 of the City's Comprehensive Plan. This request to subdivide the site into three lots, instead of the maximum four lots, is an acceptable use of the land and is in keeping with the Comprehensive Plan's guidelines for this area of the city. Lots similar in size and shape to proposed Lot 1 and Lot 2 are located adjacent to the proposed lots on the south and east sides of site. Proposed Lot 3, which is the largest lot, is situated near other large tracts of land which have agricultural easements over them. Lot 3 does not met the minimum lot width requirements of the Zoning Ordinance; however, proposed Lot 3 is in keeping with the Comprehensive Plan's guidelines by providing a flag lot with an appropriate driveway width to advance the purpose of the Alternative Residential Development. According to Section 221 of the Zoning Ordinance, a Conditional Use Permit can be approved where the area or dimensions of the subject site or existing structures on the site fail to meet the minimums established by the Zoning Ordinance if the conditions attached to the approval satisfactorily offset the negative effects inherent in the area or dimensional deficiency. Staff finds that the conditions as provided below do offset the negative effects inherent in the dimensional deficiency of the flag lot. The flag-shaped Lot 3 allows the applicant to situate the proposed lots adjacent to other like size lots. The ability to propose lots of similar size to the surrounding community is important in maintaining the overall character and stability of the community. The proposed rural residential development creates land and opportunity for agricultural production while preserving the rural character of the community. The Planning Commission placed this item on the consent agenda because the proposal meets the provisions of the Comprehensive Plan for an Alternative Residential Development, the applicant has agreed to record an easement on the property to preserve its use outside the dwelling areas for agricultural purposes, and there was no opposition to the proposal. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The subdivision of the site into three parcels shall substantially adhere to the submitted plan entitled "Preliminary Subdivision Plat of Property of Dorothy G. Jacobson". Minor revisions to the plan may be allowed if land management techniques are required. Said plan has been exhibited to the City of Virginia Beach City Council, and is on file in the City of Virginia Beach Planning Department. 2. The applicant shall provide an agricultural and horticultural preservation easement which will ensure that the property on proposed Lot 3 outside the area required for the dwelling and drainfields will remain in either agricultural Ms. Dorothy Jacobson Page 3 of 3 production or as a forested parcel. This easement must be reviewed and approved by the City Attorney's Office and the City's Department of Agriculture and be recorded with the Clerk of the Circuit Court. 3. This site shall not be subdivided into more than three lots and there shall be no more than one single-family dwelling located on each lot. 4. As required by the Rural Development Guidelines set forth in the City of Virginia Beach Comprehensive Plan, a minimum 50-foot wide, vegetative buffer shall be installed on Lot 1 and Lot 2, where one does not currently exist, along all property lines subject to this application that adjoin any parcel actively used for agricultural purposes. The first 25 feet of said buffer, closest to the adjacent agricultural field shall be planted with a mixture of grasses and low growing indigenous shrubs. The second 25 feet of said buffer shall be planted with a double row of trees with a minimum caliper of 1 ~ inches and should be centered no more than 30 feet on center. These trees shall be indigenous and consist of a mixture of 25 percent deciduous and 75 percent evergreen. A Landscape Plan shall be submitted with the final plat to the Development Services Center for review and approval prior to the recordation of the final plat. 5. A stormwater management plan shall be submitted to the Planning Department I Development Service Center for review and approval prior to approval of the final subdivision plat. 6. Private drainage easements shall be dedicated along at least one property line if not both property lines, providing drainage rights for the two proposed new parcels to drain through I by proposed Lot 3 to the existing drainage marsh located at the northern end of the property. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Depart City Manager: w~ I~ MS. DOROTHY JACOBSON Agenda Item 23 September 12, 2007 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for alternative residential development. ADDRESS I DESCRIPTION: Property located on the northeast side of Pefley Lane beginning at a point approximately 300 feet north of Munden Point Road, GPIN: 23087145980000 COUNCIL ELECTION DISTRICT: 7 - Princess Anne SITE SIZE: 36.37 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for an Alternative Residential Development to allow the subdivision of the site into three separate parcels. The City Zoning Ordinance permits Alternative Residential Development at a density of 1 dwelling unit per 5 acres on soils within soil area 1, and 1 dwelling unit per 10 acres within soil area 2. The site consists of 16.5 acres of soils within soil area 1, comprising of Munden, Tetotum, and Bojac soils, and 13.6 acres of the site is within soil area 2, comprising of Nimmo and Dragston soils. A maximum of 4 dwelling units are allowed on this 36.4-acre site using this density calculation. The applicant proposes to create three (3) lots with one dwelling unit per lot. The proposed lots will be located on a newly created cul-de-sac labeled "Munden Point Court" on the submitted Preliminary Subdivision Plat. Proposed Lot 1 is 1.03 acres and proposed Lot 2 is 2.56 acres. Proposed Lot 3 is a 32.12-acre flag-shaped lot located between Lot 1 and Lot 2. The applicant has agreed to work with the City's Department of Agriculture in establishing an agricultural and horticultural preservation easement which will ensure that the property will remain in either agricultural production or as a forested parcel. MS. DOROTHY JACOBSON Agenda Item 23 Page 1 LAND USE AND ZONING INFORMATION EXISTING lAND USE: Predominately forest and low vegetation SURROUNDING lAND USE AND ZONING: North: South: East: West: . Agricultural fields I AG-1 Agricultural District . Pefley Lane . Single-family dwelling, agricultural fields I AG-2 Agricultural District . Agricultural fields I AG-1 Agricultural District . Agricultural fields I AG-2 Agricultural District . Munden Point Park! P-1 Preservation District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of site is a wooded field. The site lies within the Southern Watershed Management Area. Development must adhere to the Southern Watershed Management Ordinance. 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): Munden Point Road in front of this application is a rural two-lane highway. There is currently no roadway Capital Improvement Program project scheduled for this portion of Munden Point Road. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Munden Point No Counts 11,900 ADT 1 Existing Land Use l_ 10 Road Are Available ADT Proposed land Use 3 - 29 , Average Dally Tnps 2 as defined by one peak hour based on single-family zoned Agriculture 3 as defined by three peak hour based on three single-family homes WATER and SEWER: City water and sewer are not available to the sites. Health Department approval is required for private wells and septic systems. STORMWATER : The referenced subdivision must develop a storm water management plan for water quantity and quality in accordance with the Public Works Specifications and Standards. Private drainage easements should be dedicated along at least one property line if not both property lines, providing drainage rights for the two proposed new parcels to drain through I by the residual parcel to the existing drainage marsh located at the northern end of the property. MS. DOROTHY JACOBSON Agenda Item 23 Page 2 AGRICULTURE: Staff notes the following: · The Agricultural Reserve Program (ARP) is an alternative to this development plan. · Development of the property would result in a net loss of 36 acres of agricultural land. · Some land surrounding the proposed parcel is encumbered by an Agricultural Reserve Program easement. · If the development is approved, open space on the lots should be placed under an easement limiting the use of the land to Agricultural. SCHOOLS: The proposal has no or minimal impact on school population. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the "Rural Area." The area is characterized as low, flat land with wide floodplains and altered drainage. The Comprehensive Plan recognizes this area as agricultural/rural with uses related to farming, forestry, rural residential and other rurally compatible uses. "From providing a legacy for a future generation of farmers, to providing habitat for wildlife, keeping taxes low, and maintaining the rural community, the vision for our rural landscape is important." (Pg. 161) To assist in implementing the rural area planning objectives, the Comprehensive Plan provides Rural Residential Guidelines that are used to evaluate requests for increased residential density on properties zoned for agricultural use in the rural area of the City. These guidelines are listed below. 1. Subdivide residential lots on soils that possess the best drainage and water table characteristics using the minimum acceptable lot area necessary to achieve development objectives. 2. Illustrate the ultimate plan of development as well as anticipated development phases, if any. 3. Maximize the area of and avoid fragmenting remaining farmland and open space. 4. Locate protective buffers between proposed residential structures and abutting agricultural operations. These buffers should be at least 50 feet in width. The first 25 feet of such area adjacent to an on-going agricultural operation should be heavily planted with a mixture of grasses and low growing indigenous shrubs; and the second twenty-five feet of such area adjacent to the structure should be planted with a double row of trees with a minimum caliper of 1 % inches and should be centered no more than thirty feet apart. Such trees should consist of a mixture of deciduous and evergreen. 5. Whenever possible, plan developments on non-farmland. In those cases where development is proposed within existing tree cover, design the placement of buildings and driveways so as to save and protect as many trees and other significant environmental features as possible. 6. Minimize all access points along rural arterial roadways. 7. Provide flag lots, where warranted to advance the purpose of this plan, taking into consideration the size of the lots within the subdivision, existing or future tree cover and other pertinent MS. DOROTHY JACOBSON Agenda Item 23 Page 3 characteristics relating to the need for rural residential privacy and open space. Design appropriate widths for driveways serving flag lots. (e.g. fire truck access) 8. Provide longer distances for rural cul-de-sac streets than is otherwise permitted throughout the City. Locate roadway drainage ditches a sufficient distance from the edge of pavement to enable emergency vehicles to pass around road obstructions. 9. Provide greater streetlight separation distances than is otherwise permitted throughout the City. 10, Protect land for open space purposes through the use of a variety of legal instruments, such as deed restrictions, appropriate zoning classifications, protective easements or transfer to a stewardship agency (e.g. foundations or conservation groups), or through some other appropriate means. 11, Limit the annual rate of development so as to minimize burdens placed upon rural public infrastructure, Evaluation: The proposed Conditional Use Permit to subdivide 36.37 acres into 3 lots for an Alternative Residential Development is in keeping with the limited, low-density development options outlined in Chapter 6 of the City's Comprehensive Plan. Staff finds this request to subdivide the site into three lots, instead of the maximum four lots, is an acceptable use of the land and is in keeping with the Comprehensive Plan's guidelines for this area of the city. Lots similar in size and shape to proposed Lot 1 and Lot 2 are located adjacent to the proposed lots on the south and east sides of site, Proposed Lot 3, which is the largest lot, is situated near other large tracts of land which have agricultural easements over them. Lot 3 does not met the minimum lot width requirements of the Zoning Ordinance; however, proposed Lot 3 is in keeping with the Comprehensive Plan's guidelines by providing a flag lot with an appropriate driveway width to advance the purpose of the Alternative Residential Development. According to Section 221 of the Zoning Ordinance, a Conditional Use Permit can be approved where the area or dimensions of the subject site or existing structures on the site fail to meet the minimums established by the Zoning Ordinance if the conditions attached to the approval satisfactorily offset the negative effects inherent in the area or dimensional deficiency, Staff finds that the conditions as provided below do offset the negative effects inherent in the dimensional deficiency of the flag lot. The flag-shaped Lot 3 allows the applicant to situate the proposed lots adjacent to other like size lots. The ability to propose lots of similar size to the surrounding community is important in maintaining the overall character and stability of the community, The proposed rural residential development creates land and opportunity for agricultural production while preserving the rural character of the community. In sum, Staff concludes that the applicant has met the intent of the Comprehensive Plan and recommends approval of this request subject to the following conditions. CONDITIONS 1. The subdivision of the site into three parcels shall substantially adhere to the submitted plan entitled "Preliminary Subdivision Plat of Property of Dorothy G. Jacobson". Minor revisions to the plan may be allowed if land management techniques are required. Said plan has been exhibited to the City of Virginia Beach City Council, and is on file in the City of Virginia Beach Planning Department. 2. The applicant shall provide an agricultural and horticultural preservation easement which will ensure that the property on proposed Lot 3 outside the area required for the dwelling and drainfields will remain in either agricultural production or as a forested parcel. This easement must be reviewed and MS. DOROTHY JACOBSON Agenda Item 23 Page 4 approved by the City Attorney's Office and the City's Department of Agriculture and be recorded with the Clerk of the Circuit Court. 3. This site shall not be subdivided into more than three lots and there shall be no more than one single- family dwelling located on each lot. 4, As required by the Rural Development Guidelines set forth in the City of Virginia Beach Comprehensive Plan, a minimum 50-foot wide, vegetative buffer shall be installed on Lot 1 and Lot 2, where one does not currently exist, along all property lines subject to this application that adjoin any parcel actively used for agricultural purposes. The first 25 feet of said buffer, closest to the adjacent agricultural field shall be planted with a mixture of grasses and low growing indigenous shrubs. The second 25 feet of said buffer shall be planted with a double row of trees with a minimum caliper of 1 % inches and should be centered no more than 30 feet on center. These trees shall be indigenous and consist of a mixture of 25 percent deciduous and 75 percent evergreen. A Landscape Plan shall be submitted with the final plat to the Development Services Center for review and approval prior to the recordation of the final plat. 5, A storm water management plan shall be submitted to the Planning Department / Development Service Center for review and approval prior to approval of the final subdivision plat. 6. Private drainage easements shall be dedicated along at least one property line if not both property lines, providing drainage rights for the two proposed new parcels to drain through / by proposed Lot 3 to the existing drainage marsh located at the northern end of the property. 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. MS. DOROTHY JACOBSON Agenda Item 23 Page 5 AERIAL OF SITE LOCATION MS. DOROTHY JACOBSON Agenda Item 23 Page 6 -~'- '- :2: '-- -< '- "--' - <: z c: :? .~. ).- " .- ,",'0 I- 0 ~ 0 ~~ ......:.. =~\ \\ \'. \~~ ,\ ;.... ~ \\ \\ PROPOSED SUBDIVISION - NORTHERN HALF MS. DOROTHY JACOBSON Agenda Item 23 Page 7 :;:: 0 t.) ~ z '"-' t/) en ....::(. , ,. ~, >- }- G::: ." ~ "" '-' PROPOSED SUBDIVISION - SOUTHERN HALF MS. DOROTHY JACOBSON Agenda Item 23 Page 8 o \'(:.'<:7""'; ,'.~.t~JJ:I>iC ~ ~G-21 d I ~ I I I # i Date Description Action 1 11-08-05 CONDITIONAL USE PERMIT (alternative residential Granted I development) 2 01/09/96 SUBDIVISION VARIANCE Granted 05/10/77 SUBDIVISION VARIANCE Granted 3 08/09/94 CONDITIONAL USE PERMIT (alternative rural residential) I Granted SUBDIVISION VARIANCE i Withdrawn ZONING HISTORY MS. DOROTHY JACOBSON Agenda Item 23 Page 9 i- Z w :2: w i- <{ l- (/) uct " " c:..:: '" u ill rn ::.: -:: ~ ..... :; ::: ~ ~ ~ :;...., r.': r.ng:fg: 11j1 u - (,.; 5~]8 ...J=':::~ mh i t~! ::~S:r. ~ ~ r:'= nil <:: "J .0; Q '" ,;:-5~ 0"0 .: "- .... _:..: ~~~ ;; ~ c ~ 8.= ~ ~ ~ c.; c E - '" <:: .f=~ ~ e ,e; ~o~ ~E~ 2 ~ g ~~~ ~ ~ ~ ~o.7t ~~~ -~~~ ~ ~ 'c . .~ ~ g ;; ~~~~ ~ ~ e-"! >.: 0 N (C~ U tC" ~": ~ ~ U'l 0:: 0 .g~gu ~ g ~ ~ --0> ~"5.......; a:5~~ .~ ~ 8. ~ E.~' ; oo~ U>-= ~ = r: i I/J :: ~ c " ~(:5,- e-s~ ~ :> ~ ~ :! ~ ;2 w U ;r.=~> ..; 0 Q t __t,/)f/) >.~ > <:: ,,- - '" ~.s -= :! ~ '~ - 'f, < 'J. ,< ~~ :: >- ~~ .0;> >:t cr.r N0I1VJI1ddV lIWlI3:d 3:Sil1VNOIlmNOJ ~ 'C ., i i ~ .:: ~ i ;; ~ I- Z w :2: w I- <: l- (/) w, 0::' :Ji 1 !/) , '0 I, -i I () ,. , (f)1J' .'- ' 10: '" W rf: 0:: S :) ~ '- en:: q.::: ;;;- u~ ~>. en.: ~~ o^ ~~ ZV: -;:E <(:;"'; >- i ! 11 i ~~~ H~i ;g~~ -0' -= '" ''; 5:W ~,~~ ~ ~E~~ (";.-J Co. -'" =0..... 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DOROTHY JACOBSON Agenda Item 23 Page 10 Item #23 Ms. Dorothy Jacobson Conditional Use Permit Northeast side ofPefley Lane District 7 Princess Anne September 12, 2007 CONSENT Janice Anderson: The last matter is agenda item 23. This is the application of Dorothy Jacobson. This is for a Conditional Use Permit for alternative residential development on property located on the northeast side ofPefly Lane about 300 feet north of Munden Point Road, in the Princess Anne District. Mr. Bourdon? Eddie Bourdon: Thank you again Ms. Anderson. For the record, Eddie Bourdon, I'm a Virginia Beach attorney representing the applicant. The conditions as recommended with the revision to condition 4 are perfectly acceptable to Ms. Jacobson, and greatly appreciate the Commission's consideration having it on the consent agenda. Janice Anderson: Thank you Mr. Bourdon. Eddie Bourdon: Thank you. Janice Anderson: Is there any opposition to this matter being placed on the consent agenda? Seeing none, the Chairman has asked Don Horsley to review this application. Donald Horsley: Thank you. Most of us in the rural area have two or three different ways they can choose to develop their property. They can put it in the Agricultural Reserve, which means they don't develop it. They can apply for the by-right development, or they can use alternative rural residential development procedures, which is what Ms. Jacobson has decided to do. She's got a 32-acre parcel. She has divided it into three lots, two small lots and then leaving one large tract for future agricultural use or forestry use. What makes this attractive is that the applicant has agreed to work with the Department of Agriculture to provide an easement which will make sure that this 32- acre parcel left in Lot 3 will remain in agriculture or forestry use. And, I might just add that would probably be a good condition to put in before we get to Council Mr. Bourdon that could be put in there instead of just a statement being in here, put it in here as a condition before we get to Council. That was an oversight on my part this morning. Eddie Bourdon: It is a Conditional Use Permit. You can put it on there right now. We have no problem with that. Donald Horsley: You don't have a problem with that? Eddie Bourdon: None at all. Item #23 Ms. Dorothy Jacobson Page 2 Donald Horsley: Faith, can we add that as a condition that it would be done before Council? That would make everything more cut and dry. Having no other objections, we thought it should be put on the consent agenda. Janice Anderson: That is going to be amended to add one more condition? Donald Horsley: It will be that the agricultural easement. Janice Anderson: Or do you just want to modify that one? Eddie Bourdon: It is in there I believe. Condition 2 covers that point, I believe. Donald Horsley: Does that cover that? Eddie Bourdon: I believe it does Mr. Horsley. It has been our intent all along. We've done this in the past. Donald Horsley: That's good. Leave it as is then. Janice Anderson: Leave it? Thank you Don. Mr. Chairman, I would like to make a motion to approve agenda item 23. Barry Knight: There is a motion on the floor by Jan Anderson and seconded by Gene Crabtree to approve agenda item 23. I'll call for the question. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item 23 for consent. Barry Knight: Thank you Mr. Weeden. ~~~~-- r""Z~+"~, /0';.1"" ....;.-.;1:.' :~:. ~ i~ <l..I... ' ...>, \f: .!jJ ...,~ -~........ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Stephen M. Denes (The Hertz Corporation) for a Conditional Use Permit for bulk storage on property located at 716 South Military Highway (GPIN 1456279295). DISTRICT 2 - KEMPSVILLE. MEETING DATE: October 23,2007 . Background: The applicant requests a Conditional Use Permit to allow bulk storage of construction equipment in conjunction with the existing construction equipment rental facility. The property is currently being utilized for this purpose. The applicant was unaware of the need for a Conditional Use Permit to store construction equipment within the 1-1 Light Industrial District. . Considerations: An eight-foot high chain-link fence encloses the lot. Access to the lot is provided from Military Highway. A two-story metal building is centered on-site, and customer parking is provided along the northeast property lines. Construction equipment is stored south of the existing building. The applicant proposes to add street frontage landscaping including eight Flowering Crape myrtles and 24 Sea Green Junipers, which is consistent with the planting scheme found elsewhere along Military Highway. The proposal will aesthetically improve the site and bring it into compliance with the requirements of the City Zoning Ordnance. The use is compatible to the surrounding area and is in conformance with the Comprehensive Plan's recommendations for this area. The Planning Commission placed this item on the consent agenda because the proposal will bring the site into compliance with the Zoning Ordinance, the proposed improvements will enhance the site's appearance from Military Highway, and there was no opposition to the proposal. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: Stephen M. Denes (The Hertz Corporation) Page 2 of 2 1. Development of the site shall substantially conform to the conceptual site plan entitled "Conditional Use Permit Exhibit of Hertz Realty Corporation", dated July 7,2007. Said Plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. All dead trees located within the public right-of-way directly in front of site shall be replaced with live trees of similar size and type of adjacent trees within the right-of-way. 3. All signage shall meet the requirements for storage yards located within Industrial Zoning Districts. The existing freestanding sign shall be removed or brought into conformance with the City Zoning Ordinance. 4. The equipment storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 5. The fence enclosing the storage yard shall be a solid fence with a minimum height of six (6) feet. Slats may be used within the existing chain link fence to make it opaque. 6. All Landscaping along the front of the site shall meet the City of Virginia Beach Parking Lot and Foundation Landscaping Specifications and Standards for street frontage landscaping screening. The required foundation landscaping shall be added to the street frontage area. 7. The modular container/trailer units on the site shall not be used for any purpose unless they have been inspected and approved by the Department of Planning/Permits and Inspections for the proposed use. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Depart nt/Agency: Planning Department I~ ~ STEPHEN M. DENES (THE HERTZ CORPORA TION) Agenda Item 11 September 12, 2007 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for bulk storage yard. ADDRESS J DESCRIPTION: 716 S. Military Highway GPIN: 14562792950000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 2.82 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow bulk storage of construction equipment in conjunction with the existing construction equipment rental facility. The property is currently being utilized for this purpose. The applicant was unaware of the need for a Conditional Use Permit to store construction equipment within the 1-1 Light Industrial District. Currently, an eight (8) foot chain-link fence encloses the lot. Access to the lot is provided from Military Highway. A two-story metal building is centered on site, and customer parking is provided along the northeast property lines. Construction equipment is stored south of the existing building. Two eight and one-half (8 %) foot tall modular container units are located along the center of the northern property line. The container units have been converted for industrial repair uses. A 50-foot by 8-foot (50'x x8') trailer and fuel tank are located along the southern property line. The applicant proposes to add street frontage landscaping including eight Flowering Crape myrtles and 24 Sea Green Junipers, which is consistent with the planting scheme found elsewhere along Military Highway. STEPHEN M. DENES (THE HERTZ CORPORATION) Agenda Item 11 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Construction equipment rental facility within 1-1 Industrial Zoning District SURROUNDING LAND USE AND ZONING: North: South: East: West: · Office building /1-1 Light Industrial District · Retail establishment / B-2 Community Business District · Industria/land / 1-1 Light Industrial District · Hotel/ H-1 Hotel District · Office buildings / B-1 Neighborhood Business District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known 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): Military Highway in front of site is considered an eight-lane divided major urban arterial facility. The MTP indicates an eight-lane divided facility with a 150-foot right-of-way. There are no roadway Capital Improvement Program projects identified in this area. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Military Highway 48,047 ADT 74,000 ADT Existing Land Use L. _ 101 ADT Proposed Land Use 3 _ 101 10 AM Peak Hour Vehicles (entering) 5 PM Peak Hour Vehicles Centering) Average Dally Trips 2 as defined by construction equipment rental with 26 employees 3 as defined by construction equipment rental and bulk storage WATER: This site currently connects to City water. The existing 1.5-inch meter (City 10 #95013701) can be used or upgraded to accommodate the proposed development. There is an existing 6-inch City water line along South Military Highway. There are two existing 48-inch water mains along South Military Highway. There is an existing 20-inch City water main along South Military Highway. SEWER: This site currently connects to City sanitary sewer. Analysis of Pump Station #411 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing 8-inch City force main along South Military Highway. There are two existing 8-inch City gravity mains along South STEPHEN M. DENES (THE HERTZ CORPORATION) Agenda Item 11 Page 2 Military Highway. 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 general pattern of land uses along this one and one half mile corridor has remained essentially unchanged for years, The east side of Military Highway consists of and is zoned for light industrial uses. It is surrounded by open space areas and stable neighborhoods. The east side of Military Highway comprises a variety of industrial activities, including truck and automobile oriented land uses, outdoor storage and warehousing. Evaluation: The existing construction equipment rental facility provides a service to the community that helps sustain and improve the City by the rental of heavy construction equipment. Staff finds that the addition of Category VI screening will ensure compatibility of this use with the surrounding industrial, business, and hotel uses, The site will also be aesthetically improved by ensuring that all signage satisfies the requirements of the City Zoning Ordinance. In sum, the proposal will aesthetically improve the site and bring it into compliance with the requirements of the City Zoning Ordnance, The use is compatible to the surrounding area and is in conformance with the Comprehensive Plans recommendations for this area. CONDITIONS 1. Development of the site shall substantially conform to the conceptual site plan entitled "Conditional Use Permit Exhibit of Hertz Realty Corporation", dated July 7,2007. Said Plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. All dead trees located within the City's right-ot-way directly in front of site shall be replaced with live trees of similar size and type of adjacent trees within the right-of-way, 3, All signage shall meet the requirements for storage yards located within Industrial Zoning Districts. The existing freestanding sign shall be removed or brought into conformance with the City Zoning Ordinance. 4. The equipment storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 5. The fence enclosing the storage yard shall be a solid fence with a minimum height of six (6) feet. Slats may be used within the existing chain link fence to make it structurally opaque. STEPHEN M. DENES (THE HERTZ CORPORATION) Agenda Item 11 Page 3 6. All Landscaping along the front of the site shall meet the City of Virginia Beach Parking Lot and Foundation Landscaping Specifications and Standards for street frontage landscaping screening, The required foundation landscaping shall be added to the street frontage area. 7. The modular container/trailer units on the site shall not be used for any purpose unless they have been inspected and approved by the Department of Planning/Permits and Inspections for the proposed use. 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. STEPHEN M. DENES (THE HERTZ CORPORATION) Agenda Item 11 Page 4 AERIAL OF SITE LOCATION STEPHEN M. DENES (THE HERTZ CORPORATION) Agenda Item 11 Page 5 '-i. C ~ ~ -0 ~. , > ~.~ ~. "N f'\.I l~ ~~ ~v I'": "' .:,:~ !' -~ .!! fIl: Ei ~~ ~..~. ~~2 "a~ ! ~f~ ..3~! &~c "6 ::I ~~ ~ C .t: -5 ~ - C; ,., ~.. ~~ ';;;;CJ: z -- 2.0 ~ x ;:..0.;: ~ o Q,tlC e l!::..E ...i!: o.f'JZ Ec- e ;; a -~ ai~ g,~ :;1! <:;'0 w - <I) ~ '''1<;Yr.~'~7 4, ...."":,-.,. PROPOSED SITE PLAN STEPHEN M. DENES (THE HERTZ CORPORATION) Agenda Item 11 Page 6 PHOTOGRAPH OF BUILDING STEPHEN M. DENES (THE HERTZ CORPORATION) Agenda Item 11 Page 7 # Date Description I Action 1 05-10-82 Conditional Use Permit (landfill) I Granted 07-12-94 Conditional Use Permit (bulk storage) Granted 12-06-94 Conditional Use Permit (temporary recycling operation) Granted 12-03-02 Conditional Use Permit (bulk storage) Granted 11-14-06 Conditional Use Permit (bulk storage) Granted ,2 01-09-89 Conditional Use Permit (automotive repair) Withdrawn I 03-24-94 Zoning Change (1-1 to B-2) Granted 12-12-00 Conditional Use Permit (bulk storage) Granted 3 06-13-95 Conditional Use Permit (bulk storage) Granted 4 04-27-93 Conditional Use Permit (motor vehicle rentals) ! Granted 5 05-25-93 Subdivision Variance I Granted I ZONING HISTORY STEPHEN M. DENES (THE HERTZ CORPORATION) Agenda Item 11 Page 8 I- Z III ~ l1J ,I- < I- al LIJ 0:' ::l g! o ()~ ~.2 on", "'''' :5~~ ~ii~ ",_-::l Q) 0 = u (/) ~ .~ ~ u) '" " '" (/)->.~ ~ ~~ > ... III CI)[:5~ j j ~!~1 I ,.....j', \"; q ~:E g .J -.I> = ~ ~~o~ I.Jj ~ ~ ]~ I' ~I ;'I c( '" 0'> In '::i;i ~~~~ ~ ~ !:g-5~- I f j Coo ,,,: ~ , ~ ~ C=>-:-=ol'jll <itfj I,~ d' 00.. 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" ~ ~ c 8 " ;: - - " " v C co l1J ;; c '" - ,~ t=: i'i 0 .; OJ TI Q; c: <:. "= a:: @- "' ~ is - c "" ,.. ~ ~ c C 0 <J; - '" '" .c ~ ~ - '" 0 ~ ~ " 0 c ~ I ::l U', u '" "= :: <:. ] :; <5 'J' 0 t: v: '" '2 >- I ~, oS t: 0' '" '" ~ I (/) 1': '" 5:" ~ @- ? ~ (J':, ~ a; 0- ~ ";: c ,.:;. ~ :!:: I 0 t:: ,.: .. ~ ~ rEo ] ~ ;;; " ~ "6 " ~ !::! 3 ~ v: R c ::J C ~ .~ - C ..J c...~ ~ ~ "" t [ :J r: 9 E c: C. c' 0; '" - "F. " :- U '" ~ ~ u " C ~ ~ " '. u " ;; v: '" v:: ~ v: ~ N ;::; u "2 0 v: " (/) ~ ~ .::; 0 " ...J (" !< ~ <:" " f :; - .~ ." ,.. SO 5 Cl "= :; - N 0 :.J "= - N ::: . DISCLOSURE STATEMENT STEPHEN M. DENES (THE HERTZ CORPORATION) Agenda Item 11 Page 9 J Icrtz Equipment Rental Corporation Incorporated un: July 7. 1 (}6S Incorporated in: Dl.? I ,1\\2.[(, II eadquarters Addn:ss: 125 Brae 13uUk\',lrJ Park R1JgC. \:c\\ Jcrsc~ (f7(J)(l R~~islL'rcd Officl' Address: l'he C0:'por~!tion Tru~i CO:1l1xm:> CorpDr..itwnl nI:-it C,,'J1ter ; 2U9 Or;m~c Street Wilmington. DcLm;:rc !l)SU] Capital Issued: The Hertz CorporJtion i .OUO sh;lrt.:'s Capital Authorized: 1 ()Cl s:lJreS common stock. t'() n"'" , ','-Ill" ~ . 1. ~"lt. r. (.4.. ... DJ RECTORS: \bd, l' j'n"sorJ (_1\.....:i:,.: .\ p;,~.;,....iJ Dil'.:,,'!l>r o i;l.:':tLJ], Dm?ClOr L:~;] J. SlrJL'LlSC! OFFICERS: G.:ra]J A. Pks~i:;. Paul .1. Siracus;:. Harold L Rolfe EJy~r: Dougias. D8'.-id D'Angelo \hlf(:I~J D~J\ i:;-:\;:hun Ril:,;..dd l_abbl~1':) .\l~l~hl::\' t' Fiore L,,)J;:-, R Fr~iJJ/t::...' Dl\;,l B. Frll.',lm::r, LClui:,.:: A Johnson Ridiard ~kb'ily 1. DClVid P:.lrkofr SlTIllHl E1115 J\lhn \1 SlOT L:d".,,';jrJ \\";11:';:1 Prc:-;Idcnt V ice Pr~sld~nt V ice Prcs;Je!it & Secretarv T re;:;surer C~mtrolkr AsslstJ.nt Secrel<.ln' :\S~;:,Iar:: ~~Cf'd~n :\Lm \\'l':~b;Jtt !1w:r,;J ~ \. J ll\ \ ( hn,,[ophl.:r F D~)n,:'. \\'dli,:r:l F, 1 k\]zm~n:n :\ SSI5tJIll S~ert'l~ry .'\.'i"iq~nt St'l'fI.'13ry :\sslslanl S-=crdary Assistant SIX'fl.'tary .'\S.SJ~tant SccrL'tary AS5ISt:.l!lt Secrcl2ry AS5is~~m Secrl't;lry .'\ :,Sistam Sn:rd~!)' :\Ss~.~:3r:: S'~Cre!3ry :\;;:-;m:Jnl ,')(,(f'1.'1;10, Assi5t;:ml Sl'lTct~n .\ssJS.tant I rC';Jsure:' :\~si stant T rt':.JSUfer DISCLOSURE STATEMENT STEPHEN M. DENES (THE HERTZ CORPORATION) Agenda Item 11 Page 10 Water Item #11 Stephen M. Denes (The Hertz Corporation) Conditional Use Permit 716 South Military Highway District 2 Kempsville September 12, 2007 CONSENT Janice Anderson: The next matter is agenda item 11. That is the application of Stephen M. Denes (The Hertz Corporation). This is for a Conditional Use Permit for bulk storage on property located at 716 S. Military Highway, in the Kempsville District. Welcome Mr. Perry. Michael Perry: Thank you. Madam Secretary and Mr. Chairman and members of the Planning Commission, for the record, my name is Michael Perry. I'm a landscape architect. I'm here representing the applicant, which Stephen is with us here today. We have reviewed the conditions and approve them a stipulated. We thank you for putting us on consent. Janice Anderson: Thank you Mr. Perry. Michael Perry: You're welcome. Janice Anderson: Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Henry Livas to review the application for us. Henry Livas: This request is for a Conditional Use Permit for bulk storage of his construction equipment within the Light Industrial District. The property is currently being utilized for this purpose since the applicant was not aware that they needed a Conditional Use Permit. The property located on the east side of Military Highway is currently zoned for light industrial uses. Construction equipment is currently stored south in an existing building. The applicant proposes to add street frontage landscaping including eight (8) Flowering Crape myrtles and 24 Sea Green Junipers. This is typical elsewhere on Military Highway. This proposal will aesthetically improve the site and bring it in to compliance with zoning ordinance. The Use is also compatible with the surrounding area, and is in conformance with the Comprehensive Plan. Therefore, we recommend approval of this Conditional Use Permit. Janice Anderson: Thank you Henry. Mr. Chairman, I would like to make a motion to approve agenda item 11. Barry Knight: There is a motion on the floor by Jan Anderson and seconded by Gene Crabtree to approve agenda item 11. I'll call for the question. Item #11 Stephen M. Denes (The Hertz Corporation) Page 2 AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item 11 for consent. M Map G-7 , op Not to Scole ~ \ i=' ~'\'.r~ Vernell Dre . "_ '~.. Ultt gOR "no< ;c. 7l!.\. ;t,;)~, [j &~~"74:.' I 1 TI'J tMEN,,^RY SCH~", \Y ~ e; 'E5~F[3 Jl R-7.5 .~ ~. " ,,,0 - GO~' ~ \5' . ~Sl\\ 6' ~.<~~ " L' g [] 7? _ 13m o~ 038 ~ . oJ; -UOI 0;:>: ~ ~ c.1l _,wiLl ~~ !i;JO \~~, r;;;,IG;l:;5 O~ o~d\<?~ ," 0.,,, r~. l=n '- a~09[;jCSQ C3 ~ ...- saa () ~c ;'1 03 IE I~~ ~'" ~[~~ l 28 ~ ~\ ..~. ~ ~jg' _""11... ~ 0 !J ~t "='ll II ~ Ie \ r ----=- -,>. ... -c~ . ~. 1 1<. \Q ~C?09C?\c;JI~r~ ~<S 001 005 -tJ, (f' ~ ~ cr~ 10 Ol~ -1,G\D ...' <"l~ ~ lbr' ~()( /o~DRf-- ~ I~ iC'i ~~~~ tfr & "~I, ~'l,''!lO 101\\ IYli [JIDrf~ ;-~~ ~~ & O~,~~..rrc "\\D" 6 026 ~ LL20 p~ l'J __;:. Cd O~"" '2 4,~ B I DO --.;;;: <:,5 ~ ," ~ ~ J[;" ~~~ /lJ ~,"~J> l:5 ... C;a .'~\P b 0 CJC3 ~ c;;;:lO CJ /il:lG ~;) CUP for Church ~ ~~~ """Z~+.", fa, ;I'. \"~ is! . .~. i';) (~i~ ' :~~ \\':.;,:-- ll.t ~:~~:y ....._;.:...::........ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Vernell Dreuitt for a Conditional Use Permit for a church on property located at 3692 South Plaza Trail, Suites 1 and 4 (GPIN 1487503693). DISTRICT 3 - ROSE HALL. MEETING DATE: October 23,2007 . Background: The applicant requests a Conditional Use Permit to occupy a portion of an existing office building for the operation of a church. The applicant will lease Suites1 and 4, which are approximately 3,358 square feet of the total 7,136 square foot office building. The church currently occupies the space; however, the church was unaware of the requirement for a Conditional Use Permit until the Fire Marshall notified it of the need for a Use Permit. The Planning Department has no record of any complaints pertaining to the past use of this building for a church. . Considerations: Services, including morning classes and church services, are held on Sundays from 9:00 a.m. until 1 :00 p.m. Throughout the week, meetings are held from 7:30 p.m. until 9:00 p.m. including Tuesday Bible Class, Wednesday night prayer and worship, and Thursday night Christian Development Class. Saturdays, the chorus rehearses at 11 :00 a.m. Forty-two individuals currently attend Sunday services. No more than 100 individuals are present at the church for anyone gathering. The church is compatible with the adjacent residential neighborhood as well as the business areas. Existing trees located between the church site and the residences to the north provide an adequate buffer between the two uses. Based on the fact that the proposed church has peak operational hours different from traditional business hours, the site's 59 parking spaces are sufficient for the church and the other tenants within the office building. Under the provisions of the City Zoning Ordinance, even with an attendance of 100 individuals, the 59 parking spaces meet the requirements for the proposed church and other tenants in the office building. The Planning Commission placed this item on the consent agenda because this proposal is for the continued use of the site by an existing church, there is sufficient parking available, and there was no opposition. Vernell Dreuitt Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The number of individuals attending a service shall not exceed 100 or the number established by the City's Fire Marshall, with the lower number of the two being the maximum. 2. The applicant shall obtain all the necessary permits and inspections from the Planning Department Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. nt/Agency: Planning Department rL~~ !~~ VERNELL DREUITT Agenda Item 12 September 12, 2007 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for a church. ADDRESS I DESCRIPTION: 3692 S. Plaza Trail. GPIN: 14875036930000 COUNCIL ELECTION DISTRICT: 3 - ROSE HALL SITE SIZE: 42,314 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to occupy a portion of an existing office building for the operation of a church. The applicant will lease suites one {1} and four {4}, which are approximately 3,358 square feet of the total 7,136 square foot office building. The church currently occupies the space, however was unaware of the requirement for a Conditional Use Permit. Services, including morning classes and church services, are held on Sundays from 9:00 a.m. until 1 :00 p.m. Throughout the week, meetings are held from 7:30 p.m. until 9:00 p,m. including Tuesday Bible Class, Wednesday night prayer and worship, and Thursday night Christian Development Class. Saturdays, the chorus rehearses at 11 :00 a.m. Forty- two individuals currently attend Sunday services. No more than 100 individuals are present at the church for anyone gathering. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Office building currently zoned 0-2 Office District SURROUNDING LAND USE AND ZONING: North: South: East: . Single-family dwellings / R-7.5 Residential District . South Plaza Trail . Across South Plaza Trail are Single-family homes / R-10 Residential District . Donnawood Drive . Across Donnawood Drive is an Office building / B-2 Community VERNELL DREUITT Agenda Item 12 Page 1 Business District West: · Retail and office establishments / B-1 Neighborhood Business District · Preschool & Daycare / 0-2 Office District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known 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): South Plaza Trail in front of this site is a two-lane minor suburban arterial. This segment of South Plaza Trail is not scheduled for improvements. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume South Plaza Trail 11,200 ADT 12,500 ADT (Level of Existing Land Use L - 37 Service "0") ADT Proposed Land Use 3 _ 31 , Average Dally Tnps 2 as defined by 3,355 square foot general office building 3 as defined by 3,355 square foot church WATER: This site has an existing water meter which may be used or upgraded. There is an a-inch City water main in South Plaza Trail. There is an a-inch City water main in Donnawood Drive. SEWER: This site is currently connected to City sanitary sewer. Analysis of Pump Station #510 and the sanitary sewer collection system is required to ensure future flows can be accommodated, There is an a-inch City gravity sanitary sewer main in South Plaza Trail. There is an a-inch City gravity sanitary sewer main in Donnawood Drive. There is an a-inch City gravity sanitary sewer main in a City easement adjacent to the western property line. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION VERNELL DREUITT Agenda Item 12 Page 2 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. In a general sense, the established type, size, and relationship of land use, residential and non- residential, located in and around these neighborhoods should serve as a guide when considering future development. Evaluation: The proposal is compatible with the adjacent residential neighborhood as well as the business areas. Existing trees located between the church site and the residences to the north provide an adequate buffer between the two uses. Based on the fact that the proposed church has peak operational hours different from traditional business hours, staff finds that the site's 59 parking spaces located on-site exceeds the City Zoning Ordinance's parking requirements for a church of 50 members and other tenants within the office building. According to the City's parking regulations, even with the proposed 100 attendees, 59 parking spaces still satisfies the City's parking requirements for the proposed church and other tenants in the office building. As such, staff recommends approval of the proposal with the following conditions. CONDITIONS 1. The number of individuals attending a service shall not exceed 100 or the number established by the City's Fire Marshall, with the lower number of the two being the maximum. 2. The applicant shall obtain all the necessary permits and inspections from the Planning Department Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 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. VERNELL DREUITT Agenda Item 12 Page 3 AERIAL OF SITE LOCATION VERNELL DREUITT Agenda Item 12 Page 4 ,.f ; ,.'~1 ('" 1 i t,.,- "- ~ \ ~1 i"\smcl< WA..... ASOHAL':") t 0' 1. WOOD P'UNGl ! j I{, Wd-. { , l.~~~.~.\~- .- '-1': I 1.-- H: 1.. ..-l'~:'" " 82,0' ~ ~. > : j t ~;:. ' j ,.1 ~:. 11'~'1'.' :~.. I " iO~.,~ ~.~ !,r''''l 1.d.~ "1- :O~J; loH .~ ~';~ ~v,4J1tl I_J~ i ~ It"! 1 ~',l I .)z, 1 ""I . . ; --~ -, t ' ,,j =J ';, "i ':[. ! ...1., :p. nl i'" I ':11. j,', \.j', 1,' i i .t. b "t./ J". ~ ~ 1 "..i $ /' f ;' (". I roq'?"'f": , -':4\ -iJ--!., , , ~.. t .-- ::: ., n f-n p~ CHURCH " ", LEASE AREA '" .1 III \..1 Il: ... (t Ill, ,\1 tor .32 rriNn ~> 89'1 O'dO" E 188,11' P1N(r) ~? , )l O""PSTtR ~J-~ ~ NO tOO 0'0 -~." NO VI 16..&1' N 8i~'1 O'OOD W SOUTH PLAZA TRAIL(80IR/W) PROPOSED SITE PLAN "......... 3: " (t: - o to '-" IJJ > - 0::: o o o o ~ z z o o 1 ~ VERNELL DREUITT Agenda Item 12 Page 5 PHOTOGRAPHS OF PROPOSED BUILDING VERNELL DREUITT Agenda Item 12 Page 6 Map G-7 ~ N t 5 ] Vernell Dreuitt OP 0 to _ co e .-- y\ I \ 'tf<:~\~'0//!ll.~f::,!L\ 11 L-!J ..- b\, ~ .3~\"':;;, g \ ~ oo:o/! 0 If I ""D.OR W()()~ f ~ J:lfi.~ Itj~~ \3' I\i lEMfNmRY SCHOOL ~ ~ . ()'ff. ()' '~ GOv ~~ ~17 VI '1Yl "'" ~~LT. R- 75 ... B ~lfil''V''~_ ~ fON~ ~ ~ ~~<:!O~ 8 ~ ~ Q 0 &1: 2 03~ '""'llOi...- 0 a \ OOS \ oq" \~~L~dI4ilOI~ ~,\ ~i ph10 \"'"" 1 .n ",.1\19 ' - :I ~'~ ~ """' - r _ -12" 1 /8 ~t ., r::l [~h:;;l ['j I ~~. ".- ~Q9~~ a "'\ '.. ..... I ~,;; lc::iud7 h' ~ ~~ !... A' K. - -- \ II Ir - Gil \ ~. -;; ~ ,- .n. ~ \ 0051 tJ (r ~ [T~ ~ < -;y.. .AM ;r.o.Jd,Si I.);Q~I~D .b.' g;:, ~OO\~\\ ~ ~ c:J CJ .\C'J Q r 1 - 1"'-' 1- ~ ~ 0" &> ~ i = .-.. \~\\ CY O~ ri. -a ~ cw:Jm & ~\!\.. Srl U,", J:l o 082 _, -.J. J. I 0 ~ ~ ~ \br9 ~o ~o* ~~- ~rmI J!J<~ ~ a ~~ ~1r\\ Go ,"" -, ~4 ,.l\'v i:tl "" ;:i>2< c;l""tlO ,," '" \ '" /' lJ 'blr of s r 020 ~ 10. \...:-l.. Iu-J h 016 l g6tS<J'rf-~".J g, "1~~~aG;l a\~cJ:""~~~ : J tt o~ - c tJ 0 C9 \ CUP for Church # Date Description Action 1 12-15-75 Conditional Use Permit (beauty salon) Granted 04-12-72 Conditional Use Permit Withdrawn 2 10-15-84 Conditional Use Permit (gas station/ convenience store) Denied 3 10-24-83 Zonina Chanae(B-2 to A-1) Denied 4 11-22-05 Zonina Chanae (0-2 to Conditional B-1) Granted ZONING HISTORY VERNELL DREUITT Agenda Item 12 Page 7 ...---, I' 1-," " z: W: ~: "Wi !II- i II <1: II 'II- I (J) i I'Wi i! 0:: : 'I' ::J i i (J) , : 01 I -' ' I Ui I (J) i -I 1101 II ! .L_i' .~, .... 5...= '.I' :..: it} ~c ~ -' ~": ~ ~ r:: .Ii ~ ~ g :.J C ;-. ~ ~ ~ o =:-. en ::i:: :: I~j! ~2ft ~g~~ <( v... ~ 1/,' 5~~~ ~nH j i:~ o~v;_~ -' ('.; :; ~ ~I]~ ..;:: ~ .r. z :'J ,~: __ "2i; ~ ~ ...J *"- :r 'F ~~ >< 9:~7 m =.. ;:. :; J tJ x ,./' ~ ~ :- :c ,~-1 I ~~ E'~,i i~~ ~~ ~ ; ''5 ~ ..=;, = :=: il!~ :::. ;; ~ ~ ~l~ v; (f' g r ~ <.f: ::: :; ~..:.; ;;; ~ = ~ ("'., ~ c. ~IHi .:: -:: :: 2. ? ~if_~~7; j~~~f:~ =~=c-~_-:' .....::. - .: - '7 ':'; ;: ~ ;: .~, :~ - - .. ~ - - ~ ";.: .r ~_ ','" . mm I n~Hi ~!iHi :- :::.:=: "-:::,'=' ;:;:i:~~~ -:; - ~: ;:, ~=-. - - - - .- - - .- - .... .. '> --:: ;: I~ ~;,.' ::: ~t7I~2~ ~HH~ ~!~ii~ ffi t ~ ~: ~~ u ~ .::.-" c::' t~. ...- ;;.- :::: , ~ .,..~- ~: NOIlVJnddV lIWllHd Hsn 1VNOIlIaNOJ I r,~l,: , Ii I: 1 to- l /z i Iw I, I ~ 'i Wi 1-1 <1: I- (J) W 'a::: I I::J '(J) 10 ~ ~ <:; " ~ ~ '{:. OJ - - - - - ~ ~ ~ ~ z ',J 0--" " g,~ ~ ~ 25 -: ,,_" ,~. .....";: .... z:;: =~ < ~ ~..: ~ i ~j ~ <Hti ~ ~i~ ~ ~ ~~. ff.~~~ ~ ~.~ ~ : I 0 ~ '": v; -, ~ 0 <.; '" ~ '" " =""'-" ~ " - - j g t j. ~ " - 0 ::: - ..... c ~ ! - ~ 8 "1.i -I a; ...; I- ~ :'::. 0 -, <:: J " - '- '!: ~ '. 1 ~ ;0- - ,', {; - J. ~ ~ ~ - '"= -. ~ ,:;. " i "'i '" - ~ "2 ~ ~ .-' - -'I '" 0 -' -- ... - - - ---...- -- - - - ,..; l ] ~ - ~ - - c; ~ '" Vi '" E ",' ~ I ~ ~ t; (: ~ z - - ",' - ,. ~ ~ i " w i .~ c:: f! " ~ - => ~ f en "" ~ ;:: ~ 0 '" c ~ ~. c ..J '.I'.' - '" ~ u C " -- ..:l? cii -, en ~ ~ " a; i ~ ;: C -e j; c I- ~ I I .s< :: ,... c:: or. ~ 0 ~ w Sl S .2 "- "- <:: :> z c "" ~ "" c -- 3: ~ = ~ ;!! "3 -- 0 c ~ c ~ - >- ~ c; ~ ~ :J .... t I ~ ~ c:: '" ~ .. " w E c :. " f ,~ "3 0.. E c ~ '0 0 c. ~ ~ '.. ;!. c' :Z c:: - 0.. ~ - s -- c:; " ~ ,.. -- .~ " ~ c; - ! ~ I ~ - - '0- ~ t 5 ~ ~ , G (: ~ .r .. -;. "- ~ 3 ,~, - .' , f ~ " ~ . '1 '. ~ ~ - -- - ~ ~ .c -' ~ .. v, .s I 'n 0' .:; - ~ \f \OJ - ... ,.. ", - - ,. '" ", DISCLOSURE STATEMENT VERNELL DREUITT Agenda Item 12 Page 8 Word of Power Ministries 3692 S. Plaza Trail Suite 1 Virginia Beach, Va. 23452-3360 Word ofPo\\cr Christian Vlinistrics Staff Pastor: Elder \'crncll Dn:uitt I ,: Assistant: Elder Kenneth Dreuitt 2nJ Assistant: ["an. \lar!!.ie Drcuitt 3rJ Assistant: Deacon \1;rtell cunec Youth ~vlinjstry: [\an. Sylvia Cuffee Children: E,'..ll1. Angela White \lusic \linistry: Fclicia Drcuitt Church Clerk'See: Flora Drcuitt Helps Ministry: Charlinda Rarnes. Ikkna CulTee DISCLOSURE STATEMENT VERNELL DREUITT Agenda Item 12 Page 9 Item #12 Vemell Dreuitt Conditional Use Permit 3692 South Plaza Trail District 3 Rose Hall September 12, 2007 CONSENT Janice Anderson: The next matter is agenda item 12. That is the application ofVemell Dreuitt. This is for a Conditional Use Permit for a church located on property at 3692 South Plaza Trail, Suites 1 and 4, in the Rose Hall District. Welcome again Pastor. Vemell Dreuitt: Thank you. At this time, I'm applying for a Conditional Use Permit to use our facilities that we are using right now for the past 3 or 4 years. We haven't had any problems whatsoever. Janice Anderson: Thank you. Could you say your name for the record? Vemell Dreuitt: I'm sorry. My name is Vemell Dreuitt. Janice Anderson: Thank you Mr. Dreuitt. That application is approved with two conditions. Have you reviewed those conditions? Vemell Dreuitt: I'm sorry. No I have not reviewed those conditions. Janice Anderson: Do you want to take a second and look over those real quick? Do you have those? I can hand one to you. Vemell Dreuitt: Yes. I would appreciate that. Yes ma'am. Janice Anderson: They are acceptable? Vemell Dreuitt: Thank you. Janice Anderson: Thank you sir. Is there any opposition to this matter being placed on the consent agenda? See none, Gene Crabtree has been asked to review this application. Eugene Crabtree: As the Pastor said, this site has been used for the past 2 or 3 years as a church. There have not been any problems with it whatsoever. There is plenty of parking around it. It will not disturb or impact anything as far as the neighborhood is concerned. It complies with the zoning ordinances and things of this area. As he said, the two conditions and all are agreed with. We saw no reason why not to put it on the consent agenda. Item #12 Vemell Dreuitt Page 2 Janice Anderson: Thank you Gene. Mr. Chairman, I would like to make a motion to approve agenda item 12. Barry Knight: There is a motion on the floor by J an Anderson and seconded by Gene Crabtree to approve agenda item 12. I'll call for the question. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item 12 for consent. Map H-2 M~ Not to Sc.ole Vir inia Beach Resort LLC Chesapeake Bay CUP - !vlulti-family dwelling 1481 and lodging unit~ 122.51 4iE1~ ~~~~~.. :O"~;I" ---%' fd. - \t. (u: . .>, ~~.\-;:;- ,. jjJ ~::~~~~9' -_'" ~1.. ....,~.:,... -..,.....~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Virginia Beach Resort, L.L.C. for a Conditional Use Permit for a hotel and motel with lodging and dwelling units in B-4 (SO) and for outdoor recreation on property located at 2816 Shore Drive (GPIN 15903164719530). DISTRICT 5 - LYNNHAVEN. MEETING DATE: October 23,2007 . Background: The applicant requests a Conditional Use Permit to allow the addition of 48 dwelling units to an existing hotel. The number of hotel lodging units will be reduced from 295 to 225. A two to three-story addition to the top of the existing hotel will be constructed for the proposed dwelling units. Additional parking will also be constructed within a multi-level structure at the front of the site. The applicant is also requesting a Use Permit for outdoor recreation, which pertains to the operation of a personal watercraft service on the site. . Considerations: A two to three-story addition is proposed on top of the existing building for the condominium dwelling units. The proposed additions to the top of the existing building will be 123 feet from the front property line, 64 feet from the eastern side property line and 60 feet from the western side property line. The applicant proposes 48 condominium units ranging in floor area from 1,500 square feet to 3,000 square feet. As previously noted, the hotel units will be reduced by 70 units to accommodate the proposed condominiums. The proposed two-and-one-half story parking structure is located 23 feet from the front property line, four (4) feet from the eastern side property line and zero feet from the western side property line. This addition will provide a two floor parking structure and lobbies for the hotel and the proposed condominiums. The parking structure will also include automobile elevators, allowing valets to move vehicles between the first and second levels. Parking currently exists underneath the building and on second levels of each side of the building. Residents will be assigned two parking spaces per unit and hotel guests will have one parking space per unit. Additional parking is provided for the conference and restaurant facilities. The existing building is constructed with pre-cast concrete panels, which will be re-surfaced. The proposed additions will also be of pre-cast concrete panelS to Virginia Beach Resort, L.L.C. Page 2 of 3 match the existing building, and new roofing of standing seam metal with cupolas will be added. The building colors will be cream with blue accents. The proposed additions add elements to the building that incorporate recommendations from the Shore Drive Corridor Design Guidelines. Development provisions offered with this request regarding site and building design, continuity of building materials, site amenities, and safe vehicular ingress / egress access and circulation are appropriate measures that ensure this project conforms to the Comprehensive Plan's vision established for this corridor. One issue to be addressed, however, is the proposed 23-foot setback along the front property line, the four-foot setback along the eastern side property line, and the "0" foot setback along the western side property line. The Zoning Ordinance requires a 35-foot setback along the front property line and 15-foot side yard setbacks in the Shore Drive Corridor Overlay. Section 221 (i) of the City Zoning Ordinance allows the City Council to approve a Use Permit with deficiencies such as setback widths below the minimum if it is determined that the deficiencies are offset by the proposal itself or by attached conditions that ensure the proposal is compatible to the surrounding area. Existing residential properties to the east and west are both situated closer than 35 feet to the property line adjacent to Shore Drive. Additionally the existing parking for the hotel is situated on the property lines. Therefore, it is staff's opinion that the reduced setback is compatible with surrounding properties and will result in no further detriment than that potentially caused by existing multi-family projects adjacent to and surrounding the subject site. Also included in the request are accessory uses such as rental of jet skis, floats, chairs, umbrellas, paddle boats, and other beach-oriented equipment. The existing hotel also provides a fully equipped health club, sauna, whirlpool, and professional massage service. The hotel has an indoor / outdoor pool and Jacuzzi, and tennis is offered at the Virginia Beach Tennis Club on Great Neck Road at Meadowridge. . Recommendations: There was no opposition to the requests at the Planning Commission hearing; however, due to the prominent location of the property, the Commission heard the matter for the benefit of the public, and then passed a motion by a recorded vote of 11-0 to approve the requests with the following conditions: 1. The site and building shall be re-habilitated and constructed as depicted on the submitted plan entitled "The Resort addition to Virginia Beach Resort and Conference Center", dated 8/23/07 and prepared by Cox, Kliewer & Company, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Virginia Beach Resort, L.L.C. Page 3 of 3 2. The rental of jet skis, floats, chairs, umbrellas, paddle boats and other beach oriented equipment shall comply with the Virginia Beach City Code, Chapter 6, Beaches, Boats and Waterways. A maximum of six (6) jet skis will be available for rental. 3. The applicant shall provide a photometric (lighting) plan for the building, the parking structure, and parking facility underneath the existing building. There shall be emphasis on the use of full cut-off fixtures for all parking lot lighting and any outside building mounted lighting (wall packs). The building mounted lighting shall have appropriate shielding that directs light downward. The plan shall also include provisions for implementing low-level security lighting for non-business hours. Low-level security lighting shall be implemented along the residential areas adjacent to the site from 11 :00 p.m. to 7:00 a.m. All lighting on the site should be consistent with the standards recommended by the Illuminating Engineering Society of North America. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. wtr VIRGINIA BEACH RESORT, L.L.C. Agenda Item 21 September 12, 2007 Public Hearing Map B-2 1010 NOl ',0 SC.,]", Vir 'nia Beach Resort LLC Staff Planner: Faith Christie Chesape.3ke Bay REQUEST: Conditional Use Permit for a Hotel! Motel with Dwelling Units and accessory uses CUI' - .'vlulti-fami/y dwefling {481 and lodging unit~ f22.~1 ADDRESS I DESCRIPTION: Property located at 2816 Shore Drive GPIN: 15903164710000 COUNCIL ELECTION DISTRICT: 5-LYNNHAVEN SITE SIZE: 3.21 acres The applicant requests a Conditional Use Permit to allow development of the site for a hotel! motel with dwelling units. The applicant proposes an addition of 48 dwelling units and required parking. A two to three-story addition on the existing hotel will be constructed for the proposed dwelling units. The number of hotel! motel lodging units will be reduced from 295 to 225. Included in the request are accessory uses such as rental of jet skis, floats, chairs, umbrellas, paddle boats, and other beach-oriented equipment. The existing hotel also provides a fully equipped health club, sauna, whirlpool, and professional massage service. The hotel has an indoor! outdoor pool and Jacuzzi, and tennis is offered at the Virginia Beach Tennis Club on Great Neck Road at Meadowridge. Shuttles are available for transportation to the tennis center. The applicant specializes in catering to large business-type conferences. Conference and banquet facilities can accommodate up to 450 participants. The applicant will offer these amenities and 24-hour concierge service to the condominium residents. SUMMARY OF REQUEST The submitted plan depicts a two and one-half story addition to the front of the existing hotel. The proposed parking structure is located 23 feet from the front property line, four (4) feet from the eastern side property line and "0" feet from the western side property line. This addition will provide a two floor parking structure and lobbies for the hotel and the proposed condominiums. The parking structure will also include automobile elevators to move the vehicles between the first and second levels. Parking currently exists underneath the building and on second levels of each side of the building, Residents will be assigned two parking spaces per unit and hotel guests will have one parking space per unit. Additional parking is provided for the conference and restaurant facilities. VIRGINIA BEACH RESORT, LLC Agenda Item 21 Page 1 A two to three-story addition is proposed on top of the existing building for the condominiums, The proposed additions to the top of the existing building will be 123 feet from the front property line, 64 feet from the eastern side property line and 60 feet from the western side property line. The applicant proposes 48 condominium units ranging from 1,500 square feet to 3,000 square feet. As previously noted, the hotel units will be reduced by 70 units to accommodate the proposed condominiums. The existing building is constructed with pre-cast concrete panels and will be re-surfaced, The proposed additions will also be of pre-cast concrete panels to match the existing building, and new roofing of standing seam metal with cupolas will be added. The building colors will be cream with blue accents. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The Virginia Beach Resort and Conference Center, comprised of 295 lodging units, conference and banquet facilities, restaurant, and parking, SURROUNDING LAND USE AND ZONING: North: South: East: . Chesapeake Bay . Shore Drive . Across Shore Drive are retail and office uses / B-2 Community Business with the Shore Drive Corridor Overlay (SO) . The Landings, multi-family dwellings / B-4 Mixed Use with the Shore Drive Corridor Overlay (SO) . Mariners Mark, multi-family dwellings I B-4 Mixed Use with the Shore Drive Corridor Overlay (SO) West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is located within the Chesapeake Bay Preservation Area, in both the Resource Protection and Resource Management areas, No construction will take place past the primary dune line; therefore, no other board approvals will be required. Culturally, this site is rich in history, It was a part of the Seaview Beach and Amusement Park that operated in the area until 1966. 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): The Master Transportation Plan identifies this section of Shore Drive for future improvements on a 150-foot wide right-of-way. Improvements to this section of Shore Drive are planned with the Shore Drive Corridor Improvements - Phase 111 CIP 2-117 and 2-200. The existing 130-foot right-of-way along this section of Shore Drive is not adequate for the planned future improvements. A reservation of right-of- way along the front of this site will be required. VIRGINIA BEACH RESORT, LLC Agenda Item 21 Page 2 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Shore Drive 41,700 ADT 38,700 ADT 1 Existing Land Use L _ 124 ADT Proposed Land Use 3 _ 95 and 281 ADT , Average Dally Tnps 2 as defined by a hotel/motel of 295 rooms 3 as defined by a hotel/motel of 225 rooms and 48 multi-family dwellings WATER: This site has an existing meter which may be used or upgraded. There is 10-inch City water main in Shore Drive. SEWER: This site is connected to City sanitary sewer, Pump Station #200, the receiving pump station for this site, has capacity issues and may required system modification. As such, a full engineering hydraulic analysis of Pump Station #200 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a 10-inch City gravity sanitary sewer main in Shore Drive. STORMWATER: A storm water management plan for water quantity and quality in accordance with the Public Works Specifications and Standards must be developed and submitted during detailed site plan review. The proposed site improvements will be considered redevelopment with respect to water quality under the City Stormwater Management Regulations; therefore, water quality control must be provided with the proposed redevelopment of the property. The proposed improvements will also need to address water quantity. The existing storm drain systems located along Shore Drive were not designed for the adjacent private properties to be developed with high impervious percentages. This proposed redevelopment will need to provide an adequately sized detention facility (BMP) to detain the stormwater runoff from the development of this property such that the downstream receiving storm drain system is not adversely impacted by the development's stormwater runoff. SCHOOLS: School Current Capacity Generation 1 Change 2 Enrollment John B. Dey Elementary 724 778 4 4 Great Neck Middle 1,015 1,007 2 2 Cox High 2,054 1,850 3 3 '.. " generation represents the number of students that the development WIll add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION VIRGINIA BEACH RESORT, LLC Agenda Item 21 Page 3 Comprehensive Plan: The Comprehensive Plan Map identifies this site as being within the Primary Residential Area (Shore Drive Corridor, Site 1). The land use plan policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the surrounding stable neighborhoods. Evaluation: The Bayfront area is a unique resort residential community. A prominent current trend in the Shore Drive Corridor is the rezoning of commercial properties to residential uses, emphasizing the attractiveness of the area for residential uses. While the site is not being rezoned, the Conditional Use Permit request for multi-family dwellings is consistent with this observed trend. The Comprehensive Plan land use policies for this portion of the Bayfront Planning Area support well-planned and designed residential developments that enhance and promote community aesthetics, economic vitality, and quality physical environment that enhances the area's quality of life. Shore Drive is primarily a neighborhood corridor and requires careful attention to the health and well-being of the established neighborhoods that exist along it. The Shore Drive Corridor Plan and Design Guidelines were established to provide specific land use and design guidance to maintain and achieve sensitive and responsible development in an area that requires a delicate balance between residential and nonresidential uses and densities. The proposed 48-unit condominium development, in conjunction with the existing hotel and conference center, is consistent with the B-4 Mixed Use District, the Shore Drive Overlay District guidelines, and the similar multi-family densities approved in recent years in the corridor. The applicant is proposing well-designed additions to the existing structure that will add another dimension of residential living in the Bayfront. The proposed additions add elements to the building that incorporate recommendations from the Shore Drive Corridor Design Guidelines. Development provisions offered with this request regarding site and building design, continuity of building materials, site amenities, and safe vehicular ingress 1 egress access and circulation are appropriate measures that ensure this project conforms to the Plan's vision established for this corridor. One issue to be addressed, however, is the proposed 23-foot setback along the front property line, the four-foot setback along the eastern side property line, and the "0" foot setback along the western side property line. The Zoning Ordinance requires a 35-foot setback along the front property line and 15-foot side yard setbacks in the Shore Drive Corridor Overlay. Section 221 (i) of the City Zoning Ordinance allows the City Council to approve a Use Permit with deficiencies such as setback widths below the minimum if it is determined that the deficiencies are offset by the proposal itself or by attached conditions that ensure the proposal is compatible to the surrounding area. Existing residential properties to the east and west are both situated closer than 35 feet to the property line adjacent to Shore Drive. Additionally the existing parking for the hotel is situated on the property lines. Therefore, it is staff's opinion that the reduced setback is compatible with surrounding properties and will result in no further detriment than that potentially caused by existing multi-family projects adjacent to and surrounding the subject site. CONDITIONS 1. The site and building shall be re-habilitated and constructed as depicted on the submitted plan entitled "The Resort addition to Virginia Beach Resort and Conference Center", dated 8/23/07 and prepared by Cox, Kliewer & Company, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The rental of jet skis, floats, chairs, umbrellas, paddle boats and other beach oriented equipment shall comply with the Virginia Beach City Code, Chapter 6, Beaches, Boats and Waterways, VIRGINIA BEACH RESORT, LLC Agenda Item 21 Page 4 3. The applicant shall provide a photometric (lighting) plan for the building, the parking structure, and parking facility underneath the existing building. There shall be emphasis on the use of full cut-off fixtures for all parking lot lighting and any outside building mounted lighting (wall packs). The building mounted lighting shall have appropriate shielding that directs light downward, The plan shall also include provisions for implementing low-level security lighting for non-business hours. Low-level security lighting shall be implemented along the residential areas adjacent to the site from 11 :00 p.m. to 7:00 a.m. All lighting on the site should be consistent with the standards recommended by the Illuminating Engineering Society of North America. 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. VIRGINIA BEACH RESORT, LLC Agenda Item 21 Page 5 AERIAL OF SITE LOCATION VIRGINIA BEACH RESORT, LLC Agenda Item 21 Page 6 ------ -----.- '''!?;!:;'> - .. .. --------... j I j ----.J -------j I I j ! .. I ---1 ::. ;z:. :.... '.1'; z -< =- .r :.:::: :: .:: z ~ z -< =.... ,.... \/.' PROPOSED SITE PLAN .. VIRGINIA BEACH RESORT, LLC Agenda Item 21 Page 7 =,. ;.-; ;.. z ... z ..;;.. ::: .-. z. - - ~ "" :t: - - :t: ... :t: = - < :: -< ;< v :t: z. -=lot - - ,:/, - .;;. ;... " /' :;:. - >- PROPOSED NORTHWEST BUILDING ELEVATION VIRGINIA BEACH RESORT, LLC Agenda Item 21 Page 8 PROPOSED NORTHEAST BUILDING ELEVATION VIRGINIA BEACH RESORT, LLC Agenda Item 21 Page 9 Map H-2 1'1001 Noe to SCClle Vir inia Beach Resort LLC ~ 1 Chesapeake Hay CUP - tvlufri-family dwelling f48f and lodging units f22S/ 1. 4/2/73 Conditional Use Permit (492 motel/ condominium apartments) Approved Conditional Use Permit (Campground - 387 sites) 4/13/70 Conditional Use Permit (Billboard) Withdrawn 6/9/69 Approved 1a. 2/13/07 Conditional Use Permit (Recreational Facility) Approved 2/19/03 BZA Variance ("0" side yard setback) Approved 7/17/02 BZA Variance ("0" loading spaces) Withdrawn 7/9/96 Conditional Use Permit (Rooftop Communication Facility) Approved 3/7/83 Street Closure Denied 10/6/82 BZA Variance (Number & Size of Parkina Spaces) Approved 1b. 4/26/90 Conditional Use Permit (Home for the Aged) Approved 3/7/83 Street Closure Denied 2. 8/22/95 Reconsideration of Conditions Approved 6/27/95 Conditional Use Permit (Home for the Aged) Approved 6/22/93 Conditional Rezoning (B-2 Community Business to B-4 Resort Approved Commercial) and a Conditional Use Permit (Home for the Aged) 3, 5/23/00 EnlarQement of a NonconforminQ Use Approved VIRGINIA BEACH RESORT, LLC Agenda Item 21 Page 10 ( f-' zl ~I f- <( f- CIJ W cr: :J CIJ o -I o CIJ Ci "Gr.i ~ :5 inti ~S_ ~~ ~ ~ct'- ~o c (,) CI'l <: ~ 0 cr." c 1:: C VJ":> .~ co;> ~ ~ ~ w Ulg-E~ 8 ~;Cg ~.-. i ~ - ~ c ..,~: fJ) o;.-=: ~ ~ 8 9 ~ ~ ~ :5 .~' O--Ul u =: ~=g8 21.~ v, o :: 3 ~ u' U .~ ~;~~ '~I it ~' 5~:6~ ~ () .~ Eg-5 ~-...J:; -~I cL s g~.=~~ c ~ <-=:Eg~ :tl ~ - =r u IX) ~ g'! !: ~.~ ~ ~ 5 -:;; <18.~;" ~ ~. ~ ~~~ ~ a; Vii :::;. 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'So~::2.ui ~ ~ ~~ $ ~;832 ~ ; .~ ~ - ,,' c; ,g c "f ~ g E 'in ~ 1:' ii ~ 7r; '" ~ ~ "0 j ~ ~ ~ ~'>,: " ~ '" (5 ~ - '" ~." ~~ E~ "-<0 '!'.t:: '" u 5.5 ~~ ,,' o ~ (; ~~ .:~ o~ C:E' '" 0 -" oS ~ ~ 0:5, ~o ~E 0" :< " ;0 J::J:: ~o '" 0; Cil c.~ '" " '" c u " ~ .~ uz o s " '" (;; ~ ;:; '" > E ~ ,: o " DISCLOSURE STATEMENT t; " ~ 2 " " 'c ~ ~ 0 :;; ~ ~ I~ ~ xl~ :: l:g '0 0 Q,l ~Z-5 ~ '0 :i '" E E ::.l 1,1') ~ o ~ ~ ~ ~ l!? C ~ ~ ~ .~ '0 . ~:: 0 tI"l 5.g~ Cl 1Il :: "'- c 0", ~,g ~o. -"- r: (OJ ,so tI): ~~ ai-~ .~ .9- _J:: ..5~ -0 ~= - " ~~ o. VIRGINIA BEACH RESORT, LLC Agenda Item 21 Page 11 Item #21 Virginia Beach Resort, L.L.c. Conditional Use Permit 2816 Shore Drive District 5 L ynnhaven September 12, 2007 REGULAR Joseph Strange: The next item is item 21, Virginia Beach Resort, L.L.c. An application of Virginia Beach Resort, L.L.C. for a Conditional Use Permit for a hotel and motel with lodging and dwelling units in B-4 (SD) on property located at 2816 Shore Drive, District 5, Lynnhaven with three conditions. R.J. Nutter: Thank you very much. Barry Knight: We1come back Mr. Nutter. R.J. Nutter: I was making sure that I was here on time for this one. For the record ladies and gentlemen, my name is R.J. Nutter. I'm an attorney and I represent the applicant Virginia Beach Resort, L.L.C. As you know, this property has always been one of the premier hotels in the city, hosting conventions from allover the country. It is an active part of the City's Resort and Conference program here and throughout the State of Virginia. Several years ago, City Council amended the zoning district regulations for hotels. Barry Knight: Mr. Nutter? R.J. Nutter: Yes sir. Barry Knight: I will talk to you for a second. There is no opposition. R.J. Nutter: I understand. Barry Knight: We will take the abbreviated version. R.J. Nutter: Okay. That would be great. Perfect. The bottom line is what is going on here is that he wanted to use the hotel much like other hotels in Virginia Beach and elsewhere around the country, which is a combination of condominiums and hotel rooms. What he is doing is converting the top two floors of this structure that are currently hotel rooms and he is going to convert those to condominiums. He would also add an additional two stories, so that would comprise the condominium portion. The new two- stories, and the old existing two-stories. Those areas result in, by the way, a reduction in density. He currently has 295 units in the hotel today. He would come down to 225; so, a reduction of 70 hotel rooms, and with the addition of 48 condominium units. These Item #21 Virginia Beach Resort, L.L.C. Page 2 condominiums units, if you can imagine, will be very nice, with commanding views over the Chesapeake Bay, out to the Eastern Shore. So, they're anticipated to being anywhere from a million dollars and up. So, this is going to be a significant investment at the Beach. It is probably going to be represented by a 15 million dollar capital investment. Your staff s recommendation is in favor of this. We have been to the Shore Drive Advisory Commission, recommending favorably on this. There has been a lot of outreach in the community on this. In fact, there is no one here from Shore Drive, is a considerable measure of how will this has been received. The other aspect of this has to do with an operation that is also going on the property, and that is the jet ski operation. The jet ski, which is part of the hotel, has operated for a large number of years. There are some questions, and it is actually grandfathered on it. So, to get it out of the way, we just want to kind of bring it forward and put it out there. In the process of that, naturally, the world looks into it. You saw the newspaper article yesterday. And we're happy to tell you that the staffs conditions, we won't have any problem with. I am also happy to tell you that the Police Department views the operator of this location as one of the better operators in the city, and very few complaints at this location. There are a few technical violations that we have to revise. I will tell you what they are. One, we are not allowed to have an A TV on the beach. We believe we are allowed, we think, and I talked to the Police Department, I'm allowed, to Mr. Knight, to bring the ATV's on to the beach and put them off the beach using ATVs. We can't use them in front and that is fine. The operator has to have a motor boat in the water during the time the jet skis are operational. We have asked, Mr. Knight, about can we use a j et ski for that purpose since they are equally mobile and so forth. I think they are considering it. SO, I'm not sure where that stands yet. Thirdly, we have to modify the signs that we already have posted on the beach. We're going to have them say different language that will also be addressed. So, as a result, and Mr. Knight you also asked me other question about jet skis, and how many are out there? There are typically 4 or 5 out there. We have no objection to a limit of no more than 6 jet skis on the property. So this is not a big operation by any stretch of the imagination. Finally, just let me talk about one of the conditions that we talked about during the break, and that is condition 3. It is relating to the lighting. It contains some language that we have not seen before. And during the break, Chairman Knight was kind enough to give me a printout of some of the information from the Police Department on the meaning of that. I think, at this point, what I would like to say is, we think we can live with this right now. We will probably have to study between now and Council after we meet with the Police Department further. But for purposes of today, we are going to go along and accept that condition, but we will sit down and work with them and find out exactly what it means. As you know, we don't want to have lights out in the parking lot, and we have a serious concern about the lights in the structured parking facility itself. So, things like that, I am sure we can address. I don't think the conditions are intended to eliminate that, but we just want some clarification of that. But otherwise, I am happy to answer any questions hat you all might have. Barry Knight: Ms. Katsias? Item #21 Virginia Beach Resort, L.L.C. Page 3 Kathy Katsias: We have discussed before, I think the last time that the Virginia Beach Resort and Conference was here, regarding the dedication of public access. R.J. Nutter: Yes you did Kathy. That is an excellent point. And in fact, they have met repeatedly with the City, and this case, the City has hired outside counsel, Williams Mullins Donald and Clark is representing the City. They have given us a draft of the easements. Weare negotiating those. Some of the things that I will tell you from the legitimate issues that the hotel has, along with other property owners along there, is that some of the designs of the beach have not yet been completed. So, we've been thinking you're going to give an easement to the public and the beach is going to stay right there and then you find that there is a replenishment program that may raise the beach six feet. What does that do to your operation? We've asked for that information. Other attorneys who represent other clients along Shore Drive have also asked for that information, because everyone wants to get this thing in place. We have no objection, and we have said that repeatedly on the record and in privately for granting the use. We would like to be able to preserve, obviously, the ability of the hotel to continue to operate as a hotel and have the services that we discussed and come to expect. So, I'm sure that we will work that out. I have no doubt. Kathy Katsias: So there is no objection? R.J. Nutter: None whatsoever. We are working the details out. That is all that is happening like we did at the Oceanfront, and the hotels had concerns about the height and the seawall and things of that nature. Yes ma'am. Barry Knight: Ms. Katisas? Kathy Katsias: We had a lot of discussion about the elevators. Can you please explain those? R.J. Nutter: I'll be happy too. I'm trying to keep it short, but let me come back to that because I saw that exchange earlier. This is not really that unusual in the parking field. What it does represent frankly, it tells us the value ofland here is getting higher and higher. These are very common place in Washington, New York, Boston and other major cities. In fact, these are relatively on the simple side. These are operated by valets. The valets put your car in there and they raise it up and park it on the second level. And, so that is pretty easy. The more complicated and more sophisticated systems actually have a system where the parking structure is like a box of condominiums. And you park your car in a feature, I guess a carriage area, and that moves it up to different locations. And, then you have a number. You want to retrieve your car, you call down, and they will pull your number out and pull your car out of the box. As I said, from the parking situation, this is the simple side of this new technology. This is the first one in Virginia Beach and in Hampton Roads to my knowledge. But frankly the values of property along Shore Drive probably make this a viable final option here. So, it actually will be a Item #21 Virginia Beach Resort, L.L.C. Page 4 restricted parking area, rather than one that is opened to the public generally. It is made for the condominium owners quite frankly. That is how it would work. Barry Knight: Mr. Nutter? Would you elaborate on the signage? You said you were going to make some changes to it. An article in the paper yesterday said only the City could put signs out there denoting "no swimming" and things like that. R.J. Nutter: The Code isn't very clear on that. We had indicated. There are multiple sign requirements in Section 6 of the City Code relating to these types of operations. Some are required by the operator and those signs have to be maintained by the operator, and have to say certain things. Those signs really don't say the right things, and they have to be modified by us. When we had an area demarked by the City, those changes out in the harbor, where the water is and where the activities take place, it has to be 100 yards off-shore. Those areas are typically maintained by actually the Coast Guard, quite frankly, put in the buoys to where those activities are located. So, we will be working with them as to when they are. That may even have occurred Mr. Livas, and I'm not sure. But the operator isn't here today with us. I can tell you that we told Faith and the City we would cooperate fully and comply. Barry Knight: Are there any other questions of Mr. Nutter? Okay. I'll open it up for discussion. Ms. Katsias? Kathy Katsias: I'm ready to make a motion. Barry Knight: Fine. Ms. Katsias, would you consider on condition 2 having a maximum of six jet skis as they agreed too? Kathy Katsias: Yes that is fine. Barry Knight: Okay. Please make your motion. Kathy Katsias: I make a motion to approve Virginia Beach Resort and Conference Center with the correction of six jet skis on item 2. Dorothy Wood: I'll second that Mr. Chairman. Barry Knight: Okay. There is a motion on the floor to approve made by Kathy Katsias and a second by Dot Wood with the modification to condition 2 to show a maximum of six jet skis. Is there any discussion? I'll call for the question. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE Item #21 Virginia Beach Resort, L.L.C. Page 5 HENLEY AYE HORSLEY AYE KA TSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of Virginia Beach Resort, L.L.c. with the modification of condition 2 to a maximum of six jet skis. R.J. Nutter: Thank you very much Mr. Chairman. 09/21/2007 11:02 7574255675 PAGE 01/01 Planninq Commission Routinq Slip (Return) TO: Carolyn A.K. Smith DEPT: Planning APPL1CATION NUMBER: FROM: Bill Davis DEPT: Fire Plan Type: CUP Applicants name: The Savin Company, L.L.c. Location: 820 S. Military Hwy. Existing Zoning: B-2 Proposed Zoning: Planning Commission Hearing Date: 10/10/07 Return Date: 9/24/07 Comments: No FD comments at this time. A complete review will be done during the DSC process. Date: 9/21/07 Sign: Page 1 of 1 I+-U'r\ 2... \ Faith Christie From: Thomas Potter [tagsp3@verizon.net] Sent: Wednesday, September 12, 2007 9:04 AM To: Faith Christie Subject: Planning Commission on conditional use permit for property at 2816 Shore Drive, Virginia Beach, VA 23451 Please let it be known that Thomas A Potter and Gloria S Potter want the Planning Commission to know that they are not in favor of the lodging and dwelling units proposed by VIRGINIA BEACH RESORT, L.L.C. at 2816 Shore Drive Virginia Beach, Virginia. Thomas A, Potter 2301 Mariner's Mark Way #201 Gloria S. Potter 2301 Mariner's Mark Way #201 i'\ /1 '"I/'"Ii'\i'\'7 ,~~p L-12 ~;'~:7';'~'~~=~~':~ .~- WilZ;a .,~;. ."" ' " "', Iii:> . 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CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of William Nick Wright, Jr. for a Chanae of Zonina District Classification from AG-2 Agricultural District to Conditional R-7.5 Residential District on property located on the south side of Nimmo Parkway 390 feet east of Townfield Lane. (GPINs 2414645890; portions of 2414647136; 2414756105). DISTRICT 7 - PRINCESS ANNE. MEETING DATE: October 23,2007 . Background: The applicant proposes to rezone existing properties, zoned AG-2 Agricultural District, to Conditional R-7.5 Residential District for the purpose of developing ten (10) single-family dwellings. Zoning in the surrounding area is R-7.5 Residential to the west, R-15 Residential on the north side of Nimmo Parkway, and AG-1 Agricultural to the east. Surrounding land use consists of single-family dwellings to the west and north and agricultural use and forest to the east. . Considerations: The ten dwelling units will be on lots with developable acreage ranging in size from 7,856 square feet to 17,718 square feet. The applicant has provided photographs of examples of residential buildings for the proposed development, which staff finds acceptable for the area. The homes are more traditionally designed with large welcoming front porches, shuttered mullioned windows and a mix of clapboard siding and brick exteriors. Each home will have a garage for a minimum of two (2) automobiles. The Comprehensive Plan recognizes this area as being within the Primary Residential Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in the is area. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential and agricultural properties. The applicant has worked with City staff and the Navy to re-configure the project so only one of the lots is partially in the 65 to 70 dB DNL. The Navy considers this proposal low density and does not have objections to this application. William Nick Wright, Jr. Page 2 of 2 There was opposition to the request at the hearing, concerned about potential impacts to adjoining properties due to changes in site drainage required for development. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. City Manager: 0')7- \~ Submitting Depart t1Agency: Planning Department WilliAM NICK WRIGHT, JR. Agenda Item 20 September 12 2007 Public Hearing Staff Planner: Karen Prochilo REQUEST: ChanQe of ZoninQ District Classification from AG-2 Agricultural District to Conditional R-7.5 Residential District. .~apL-12 William Nick Wrieht. fr. ~ B.2 ---. "" b . Via <:)v ^~./ ". I 0",.. (j R-""s"" , R-7.5 1 <C:k' '''_ ..,.c:;;~~ .N:-'" //' .;;) C:;C:J f .!' -----....".:;l1J [~. / AG-2 f I;::,t AG- 2 :.. ... . I'::J Oi'.;) 0 .0 :. .:;::;-~' 0Jr:;; cJ ~7.5 {oI.:..J(;j ~ ~J:::J (.) ~ I AD- 2 : "'J; 'R1JS j G I <,,,,..c, 0 _ "0^ ~ ",'~.o [Z}) ~ - A-I r""'......."'~o .0",. };W;:;;.~..,..;. ....-<\'b~- -. . 1..-.J~t;Jf;;\ ~n ~~ ''l/~?~;:~:-' ~/ '/ w,:,y .. , 'U~'" ',~4? "vp;..f;M;f, ../(,;:'/. R,,~ . <) ~ . /..!'oJ; ;//;;;i/%,"" --..... R-15 I [} (;0,~ ".() "o'<Y-- 0, /';J ~ :7~~%:/;:/..; ! ~ ^O..,,(}. .-.. 'n..;@ cF i'(J~-7.~;';"'.;:, . _L E.~ ! () .. 0 C::I '-'/)' (j.. ! . !) ..(J ~..,~ v IQi I' ~ "~:" <:) ,<:: {) ,/ :. AG-I" R-15 <';> (? <::> ,_" .f). :. .. 0:' .$) CJ ~ +."b<:::J"-. i ': R\)~G - . i/:;R-fs. 8-1 7.5~(3_~ t; > .:. f:).. .~: ,.....,". .,,','._,..; ...''''......;........., Cond;.;onal Zonin~ Chan~. from AG-l 10 R7.5 ADDRESS I DESCRIPTION: Property located on the south side of Nimmo Parkway 390 feet east of T ownfield Lane. SITE SIZE: +/- 3.5 acres GPIN: COUNCIL ELECTION DISTRICT: Portion of 24146530770000 7 - PRINCESS ANNE Portion of 24146458900000 Portion of 24146471360000 Portion of 24146496340000 part of 24147561050000 SUMMARY OF REQUEST The applicant proposes to rezone the existing AG-2 Agricultural District properties and develop the site with ten (10) lots. The applicant did not submit architectural elevations but provided photographs of residential building styles as examples of the proposed homes. The applicant proposes the same high quality residential development as found in adjacent neighborhoods. Each home will have a garage for a minimum of two (2) automobiles. The applicant also proposes a reduction in the width of the right-of-way serving the lots due to the limited number of homes proposed. EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: LAND USE AND ZONING INFORMATION . Across Nimmo Parkway are single-family homes / R-15 WILLIAM NICK WRIGHT JR. Agenda Item 20 Page 1 USE AND ZONING: South: East: West: Residential District · Single-family homes / R-7,5 Residential District · Agricultural land / AG-1 Agricultural District · Agricultural land / AG-2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is wooded. There are no cultural features associated with this site. AICUZ: The majority of the site is in an AICUZ of Less than 65 dB DNL surrounding NAS Oceana. The western edge of the property is within an AICUZ of 65-70 dB DNL surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN lMTP) I CAPITAL IMPROVEMENT PROGRAM lCIP): Nimmo Parkway is a four-lane principal (major) suburban arterial roadway divided with multi-use path as designated on the City's Master Transportation Plan. This roadway was completed in June of this year. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Nimmo Not available 30,700 ADT; 1,600 Peak Existing Land Use': - 40 Parkway Hour (Level of Service "CO) ADT1 36,900 ADT; 1,930 Peak Proposed Land Use3 -96 Hour (Capacity / Level of ADT1 Service "0") 38,700 ADT; 2,020 Peak Hour (Level of Service "E") ,- Average Dally Tnps 2 as defined by 4-acre agricultural zoning 3as defined by 10 single-family homes WATER: This site must connect to City water. There is a 16-inch water transmission main in Nimmo Parkway fronting the site. SEWER: There is no City sanitary sewer fronting the site. Analysis of Pump Station #616 and the sanitary sewer collection system is required to ensure future flows can be accommodated. Construction plans and bond are required. There is a 20-inch City sanitary sewer main in Nimmo Parkway fronting the site. There is a 10-inch gravity sanitary sewer main in the intersection of Nimmo Parkway and Townfield Lane approximately 500 feet northwest of the site. STORM WATER MANAGEMENT: A stormwater management plan for water quantity and quality in accordance with Public Works Specifications and Standards must be developed for the site. The plan must be coordinated with the drainage plan for Nimmo Parkway unless off-site easements have been obtained and off- site drainage impacts will be mitigated with the developer's drainage plan. The proposed BMP is shown on Lot 10. Public Works Storm water Engineering recommends that the stormwater BMP be created on a separate parcel that is owned by a neighborhood civic league. WILLIAM NICK WRIGHT JR. Agenda Item 20 Page 2 A 20 foot wide maintenance strip will need to be dedicated outside of the impoundment easement that will be dedicated around the top of bank of the proposed BMP. The property is located within the Southern Watershed Management Area (SWMA). A Southern Watershed Management Plan will need to be prepared for the proposed development. FIRE: No Fire Department comments at this time. Any concerns shall be addressed during Development Services Center review process. SCHOOLS' School Current Capacity Generation 1 Change 2 Enrollment Red Mill Elementary 685 728 3 3 Princess Anne Middle 1514 1275 2 2 Kellam HiQh 2078 1832 2 2 . " generation represents the number of students that the development WIll add to the school. 2 .change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan recognizes this area as being within the Primary Residential Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in the is area. Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential and agricultural properties, The applicant has worked with City staff and the Navy to re-configure the project so only one of the lots is partially in the 65 to 70 dB DNL. The Navy considers this proposal low density and does not have objections to this application. The applicant has provided photographs of examples of residential buildings for the proposed development, which staff finds acceptable for the area. The homes are more traditionally designed with large welcoming front porches, shuttered mullioned windows and a mix of clapboard siding and brick exteriors. Staff recommends approval of this request with the proffers submitted by the applicant with the rezoning. The proffers are provided below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance. has voluntarily submitted these WILLIAM NICK WRIGHT JR. Agenda Item 20 Page 3 proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (9107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Only those portions the Property shown on that plan entitled "Conceptual Site Layout & Landscape Plan of Parkway Estates, Nimmo Pkwy., Virginia Beach, VA", dated August 15, 2007 and prepared by MSA, P.C. which has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach, Virginia (the "Layout and Landscape Plan") and incorporated herein by reference and forming a part of this Agreement shall be rezoned to R7.5 Residential and the zoning classification of the remainder of the Property shown on Exhibit A shall remain unchanged. Grantor shall cause to be prepared and recorded (after receiving all appropriate City approvals) a subdivision plat to create a legally separate parcel having the dimensions and configuration consistent with the parcel shown on the aforesaid plan. PROFFER 2: The exterior facades of the dwellings constructed on the Property shall be utilize the materials or a combination thereof as are depicted on the photographs which have been exhibited to the City Council and are on file in the Virginia Beach Department of Planning. PROFFER 3: The portion of the Property to be rezoned shall be developed in substantial conformity with the Layout and Landscape Plan. PROFFER 4: Further conditions may be required by the Grantee during detailed site plan and / or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated August 20,2007, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. WILLIAM NICK WRIGHT JR. Agenda Item 20 Page 4 AERIAL OF SITE LOCATION WILLIAM NICK WRIGHT JR. Agenda Item 20 Page 5 <( .~ ~.- " -' ;~ ~.. ~; ~~ ~:~~ ';':N~ ~~ "';Z - Q; ~ 'v; ... '" '"' :5 ~ ~ S !~:2 ~ :: ~ ~ :,;-;:"" ~:~G ~:7:. 1_ .... ~'" ... .:::: \IJ C). " .... rt .... <\IJ ! ~ r ..~ ~>. -; ~ ~ s ~- "2...:.:t. Z' _ ;:. :- ; ~ 3 t'\ '..j ...... <: > t;.C :;. .... 3:2 ':::.'s ::'; ;~ << ~- ~ :E c-- PROPOSED SITE PLAN WILLIAM NICK WRIGHTJR. Agenda Item 20 Page 6 PROPOSED RESIDENTIAL EXAMPLE WILLIAM NICK WRIGHT JR. Agenda Item 20 Page 7 PROPOSED RESIDENTIAL EXAMPLE WILLIAM NICK WRIGHTJR. Agenda Item 20 Page 8 ...~~f.l.:~lf~ .,.~ William Nick Wri ht r. ~ '<....: B 2'~-"""" '. ~.~." 'y'/ / , ^ /'\ J;' J.' '., ,''':-.. ':''Ff=:l~~'~'~~~--~'' "'~~':-'. ~:~~~~\!:rrt1:~~!QJfi.~~:>'" ....., /<6~.;' Cj" · '. - '<:::>-.RJ. .,' . ~;""',..,.: ~I '. . .~. / [~'J' " ""'AG" 2"-" ~,: ' . :c;:;' , "~' {,-. J ~2'" ~'4--- 'v /'," ,-,.~ ~.. - "". ~.' '; ~::;:...J!!;i.lj,~,. . ". - .,,~..~tG- C:r,,~)...:~.~~.... ../.",,:.,.., ". ..' ..:,., .,' At.........:.:..~_.. l...."'-I~.l!) '.. -- _..:....,.:~..o : /'//rz.,.., '~~~:."," .--;-", ~".,' ,- ,: ':.] r.t.. r:?' '-.;~... .:'-:-:...... ';);; -'I' ....~,;./ / 01...[:.../,(\1) -....... ......:. ':.< . ~'....~, r 'n -' ' ';- Q , , "-.'. " <.;r ,_ . -.. 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''it: ';:0..-:.., : / ,.,;', 0 .. "-". .', ;/",v'/ ",".} ;.e.,~y~' //~";<,0"'/ ''':., r I'"~ .~,~~--~~- :-.2t.~..:;~~~":;:-r.. AG-I "" R-15 .: ". '",,:::' v.... b.,) / <;> ~.}':/ <v6 ", .,' '" ",: .,:j;;'\~':-.< r;j'iA~<fP';~~<J: '" ''-,r -"'-", <:) "".:' ~/~_~~/,./,"-.&,Jy... ~_, 'y, ",!: ",~<t>~~o.::- --'/><<2"'-- ,'~ ....1 .".....~.. "', :' B-1 . . 0.'li'A ,J. C:> ", / R--- ~ '-.,-. "', ; 1'5 :' q.- ,-S!. ':, / l",l. '-'" ,:' \ . ,,_......gp/) >--:~.. --;' ','-"''':'__ Q -1',,-..........-...... .~,.,.,_ r " ,: _' ,'j~W' ,v~. ...~:........_. ...___f. ..._'............ ~')............. ---....... to -: ;; i#;Cun",<"."l.lil''''''G .""0rrledl'~,iit-., Conditional Zoning Change from AG-J to R7.S 1 09/12/95 Change of Zoning from AG-2 to Conditional R-15 Granted 2 08/27/91 Change of Zoning from AG-1/AG-2 to Conditional R-7.5 Granted 3 OS/20/85 Change of Zoning from AG-1/AG-2 to Conditional R-6 Granted ZONING HISTORY WILLIAM NICK WRIGHT JR. Agenda Item 20 Page 9 .~ j f-I tzl 'II uq :~! 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" .. f ~ -, '. 0l- e.::' "= ?; .: ~ '" ~ .... c.. ~ 0 ~ ": - ~ ~ ~ ": .. = ~ .. - '" n - - ~ .. .. - .. .. ~ - .. .. ., .. - ~ - '. :J ~~: :d::; ::._~' LU~~~ . s~~ ~ rn .~ .:.. ';,;:' o -- ~ '? "C.. ~~~. ~~ ~ .::l "S =-,~ ,,;;: - i i:lfi~ mm -~ ~;'~~~ ~~i'f~ ~ rf~~~ ~ .:.;: ~; 5. ~' ~ f; ~. ;~ '. '-.;. = =.... f t :r -! 1: .; 1~ ". ~ ~ i~ I-':~ c..- ': :~ .., <:., ,'; ~ i} ~! ~t - , ~: ~: " .' =" ~ o ~~ ~ ~ ; :-- :.. :-; -; ~~ ;5 ~ c ~ \: WILLIAM NICK WRIGHT JR. Agenda Item 20 Page 10 r-) z: wi ~; w'! 1-" <0 , 1-' : (/) I , llJ I c::i :~I 01 ..J1 U (/) o ;,: .;.':. . i t ._-1 :n ::. " ~ w - ':." lr - ::l .' ~i~ 5-:0:; ~::: '" .. z o ;: :;. ~ =: g~;;,g:- < - ., c: ~' - ,~ '.., ~. .. -. - -: ::. ," "= ~-. -. "= ~ ; < '. .::. ,:. -3 .' ~. ..~ ;--. .1 " 4: .......... .'- " '" -- "- ~t~ ,~ ;>- .: ,- .~ 1.- -'" ;-; - :> ? !~:.: - c:. !\ ... ..:: '":. . :: :- ~ ::.~ ~: ,- - - . :: -:. "? 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I c " ~ ;- z w ~ w ;- < ;- en LlJ a:: ~ en ~ ~ ~ [ ::l" " en ! 0.3 t3 E ~_. '" '" c~~ ~:; ~ ~ - < ~ '..- l,)C .i::'= ~!j~~ _ : c ..:..:: ~~~~ ;: :.. ;: -:": .c ~ : ;7~_ -: ;:;. ..:r :l~~ ~ ., .,. ~. .~ ~ i~ ~~ H 6~ 31 .... -." =- ~ ..- "::" ,:;, ::. .... $ t ~ .. ~ 2 ~ -;:... 0::: -: .' -' ~ - ~ ,~ ~ ~ ~ ~ ~ ". --.- ~ ~ C ;~1gii -::. ;: :- .. ~,t~~~ ~~~:3E 0=::'- ~i " '" ~ ! E ~ f ~ ~ ~~ ~ ~ ,- .. .. - .. : 'I ~::: ~ E ~ i ~ ";:>:' :-:: .... ,t a~ ~~ ~! ~~ "..-= .;; ~ ~ ," .~~ ::: - ... o 4!: ~ ~ ~ = ~ 3' < - ~ .~ - .. - 13 WILLIAM NICK WRIGHT JR. Agenda Item 20 Page 11 -=- !-I i Z~ il~l! ! !-. '<' i, 1-1 ,ll) 'I Wi' I lrl I: ::l " I~' [.J I !U; : lI) i '-.I jCi 1I11 LJ, " Ii ~~ :;:":; 2~_ ~~X ...,'";:; W .... ~ g d :to -:'! 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Agenda Item 20 Page 12 Item #20 William Nick Wright, Jr. Change of Zoning District Classification South side of Nimmo Parkway District 7 Princess Anne September 12, 2007 REGULAR Joseph Strange: The next item is item 20, William Nick Wright, Jr. An application of William Nick Wright, Jr. for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional R-7.5 Residential District on property located on the south side of Nimmo Parkway, 390 feet east of Townfield Lane, District 7, Princess Anne with three proffers. Barry Knight: We1come sir. Please identify yourself. William Nick Wright: Thank you. I'm Nick Wright, Jr. William Nick Wright, Jr. Barry Knight: If you're the applicant, would you please tell us, and you have 10 minutes to speak or less, about your application and why you think it is a good application. Donald Horsley: You don't have to speak 10 minutes if you don't want too. William Nick Wright, Jr.: We're taking a parcel in there that is kind oflocked into a situation with the new Nimmo Parkway. It is a portion in there that until now without Nimmo Parkway, we have been waiting for. We planned on doing something in there for the time being. It is an area that has a ditch that is unmanaged that we will take care of. It is a dump site that has been used over time, and of course, that would clean that up. We feel like it is a nice little section for 10 homes, and we feel that is good for the city. Barry Knight: Does anyone have any questions for Mr. Wright at this time? Mr. Wright, we have noted one person in opposition. We will give them an opportunity to speak if there are no questions of you now, and then you will get a chance to come back and answer their concerns. Are there any questions of Mr. Wright? Ms. Anderson? Janice Anderson: Is there going to be a proffer as far as what the elevation with what type of houses that are going to go in there? Are you going to include that? William Nick Wright, Jr.: We have proffered in some elevation pictures that we showed the style of homes and the materials that we are going to use. Janice Anderson: Thank you. Barry Knight: Are there any other questions? Item #20 William Nick Wright, Jr. Page 2 Joseph Strange: Did William Nick Wright want to talk? William Nick Wright, Jr.: He might. He likes to talk. Joseph Strange: He signed up to speak. William Nick Wright, Jr.: I don't think that is required at this time. I don't think we need him. He may. Joseph Strange: Okay. We gave him an opportunity. Barry Knight: Thank you Mr. Wright. Joseph Strange: Speaking in opposition we have David Bennett. Barry Knight: Welcome sir. David Bennett: Good afternoon. My name is David Bennett. A lack of notification has bothered me. This was delivered to my house or attempted to be delivered yesterday. Of course, I got the little notification from the post office that I need to go sign for it, which I did today at about 11 :00 0' clock. I opened it up. I read it. The meeting is at noon. One hour notification, I don't think is warranted this time of notification by state law. I don't know what the state law is exactly. I haven't researched it but I will be more than happy to do so. But I do believe that we deserve more of a notification than one hour prior to a Council meeting. Barry Knight: We can get our city attorney Mr. Macali to answer that. Bill Macali: The state sort of declares notice to and adjacent property owner be given not less than five days before the meeting that it was mailed. I'm not sure what date it was mailed or anything like that. I will be happy to take a look at it. David Bennett: Like I said, the post office or the person who tried to deliver it yesterday, the post man yesterday, marked it down here as tried to notify on 9/11. He did write that he did try to make an attempt to notify us in that timeframe. As I opened up the notification on the inside here it is dated August 28,2007, okay, across the top of it, it has August 29,2007. Where it laid for "x" amount of weeks, whether it be in your offices or whether it be in the post office, I don't know. But the lack of notification bothers me. Barry Knight: Mr. Macali. Bill Macali: The Planning Department can verify when those were mailed. They keep a list. Item #20 William Nick Wright, Jr. Page 3 Barry Knight: That is why they send them certified. Mr. Macali, can you tell us the other means of notification. Bill Macali: There is a sign posted which is not required by the state code. It is by our City's Zoning Ordinance. The sign is posted on the property adjacent to every right-of- way, which in this case would be at Nimmo Parkway, the new part that has been built. An advertisement or public notice has to appear in the newspaper once per week for two consecutive weeks, with not less than five or no more than 21 days expiring between the second publication. So, typically the notice would have been published in the Virginia Beach Beacon, two Sundays ago and one Sunday before that. Then again, we require this. If the gentleman is an adjacent property owner then that notice did have to be filed under the State Code five days before the hearing and under our City Code, I think we actually we require it to go out 10 days. But again, there is no accounting for what the post office does. The time limit really is from when it was mailed. Barry Knight: In your legal opinion, can we proceed forward on this? Bill Macali: Well yes sir. The code also says that anyone who has notice of the meeting really waive any kind of deficiency in the notice but, the Commission doesn't have to go forward if it doesn't want. If it feels like the application should be deferred for this reason you can do so. I wonder what the Planning Department's record shows about the mailing of the item. Jack Whitney: We can certify that the mailing was sent out from the Planning Department well within in the prescribed time limit. Bill Macali: Was there a date? Jack Whitney: We got that. Stephen has that. We can get that date. We can't, as you say, we can't speak for what happens with the postal service. David Bennett: In all fairness, you had two opportunities to get me with this particular mailing because I own both houses that are on the backside of this particular property. I own this house right here and this house right here (pointing to PowerPoint). I have not received notification for the 1869 address. Jack Whitney: We have all the documentation. Barry Knight: Did you see a sign Mr. Bennett? David Bennett: I have not seen a sign. I go out Rising Sun Arch, make a right hand turn. I go down to the stop sign at Nimmo Parkway and I continue on down there. Now, if there is an orange sign or whatever color the sign is that is posted there, I haven't noticed it but then again, I'm not specifically looking for it. That is all fairness. Now, that is just thing that I oppose the most about the lack of notification. Okay. Item #20 William Nick Wright, Jr. Page 4 Barry Knight: Mr. Bennett? Ed, will start his time now because we had to address that problem first. You have three minutes Mr. Bennett. David Bennett: Thank you very much. Okay. I applaud the efforts of what the developer wants to do with this particular land. I understand what goes on behind there with the kids in the neighborhood going in there, playing paintball games. It does attract people that dump trash and whatever else is in there. He looks like he has a very nice plan. What I'm concerned about mostly is right though here, there is a ditch that drains down into a floodplain down through here. This property here has a floodplain behind it. And there is a floodplain through here going to impact either one of my properties as they develop this property. That is my biggest concern. Also, there are a lot of trees along the property lines. Are those trees going to be removed? Barry Knight: Those are certainly valid questions and we will get the applicant to answer some of those? Do you have any other concerns? David Bennett: Those are my biggest questions. Barry Knight: Do we have any questions for Mr. Bennett? Okay. Mr. Whitney, maybe would you like to answer about the floodplain concern and the site plan review and how that pertains to that? Jack Whitney: We will require that stormwater management plan be prepared and submitted to the City for review under the site plan process. Barry Knight: Are we able to give Mr. Bennett guarantees that development of this property won't impact his property as to flooding issues? Jack Whitney: That is the purpose of our review and that is make sure that it drains properly and that it doesn't impact the adjoining property. David Bennett: Because I do know that when it does flood and it drains, okay, my properties are right over here that it drains in this direction. Back over this way. There is a big pond over here that it drains in to. So, I just can see that create the environment for it all to flood down in here then all of a sudden start to back up, it is either going to back up in my property or the horse farm that is out over through here. Barry Knight: Were going to get the property owner to address it but Mr. Whitney, there looks like a BMP, a wet BMP. Is that right? I assume if there is a wet BMP there, then the drainage of this property is going to be directed in that direction. Jack Whitney: Yes sir. That would be the purpose of the BMP. Donald Horsley: But also Mr. Whitney, they would not stop up a drainage outlet for this man's property. Item #20 William Nick Wright, Jr. Page 5 Jack Whitney: Our engineers will take a very careful look at all those issues by the functionality of the BMP works proposed, the drainage to and from the BMP and any potential impact that the plan might create for adjoining property owner. Barry Knight: Ms. Anderson, do you want to tell us what you see on the elevations? Janice Anderson: As far as my eyes can see. I believe if you look at his site plan, it says reported 25 foot drainage easement along that ditch. Is that what the little light area is? David Bennett: Are you talking about right through here? Janice Anderson: Yep. So, all along there it looks like that is an easement already for drainage and he can't change that. David Bennett: And that should come all the way back in this direction and all the way down. Janice Anderson: Yes. That is what it is showing on the site plan. Donald Horsley: I'm glad you can read that. David Bennett: Once again, because oflack of notification that I got, I was unable to go ahead and research it and have my questions addressed. Barry Knight: Mr. Bennett? We are glad that you're here today to ask these questions. Ms. Prochilo, do have anything else to add to that? She is the planner. Karen Prochilo: The owner of the property has worked with Development Services. He also has worked with stormwater management, and before the road went in they had lots of discussion about the stormwater and that ditch line in there. They felt very comfortable with that. The way they have it proposed now. Barry Knight: Mr. Bennett. What we do today, of course, is review these plans, make any adjustment that we want to and send it on to City Council. If we approve it, then City Council approves it, it has to go to site plan review, which is a fairly laborious process. It is going to make sure that your land isn't impacted on that. I will let Mr. Whitney make those assurances instead of me but because it is going to fall on him because he is the Planning Director. But I think he can assure you that is going to be a lot of review done on this. David Bennett: Very good. Thank you very much. Barry Knight: Thank you sir. Mr. Wright? Maybe, if you could add some clarity to a couple of concerns that he raised. Item #20 William Nick Wright, Jr. Page 6 William Nick Wright, Jr.: Yes I would. There is no doubt that we will not drain. There is no way we would send water on to his property. The city would not allow us. We don't want to do it. The BMP is going to handle all of the runoff basically from the majority of the site except maybe just a little bit that will go into Nimmo Parkway at the entrance. Everything else we have to maintain on site as Development Services will tell you. It' s us. Barry Knight: It would be a good idea maybe after we hear this and you introduce yourself to Mr. Bennett, and keep him in the loop, so to speak. William Nick Wright, Jr.: I will be glad too sir. I think he will be satisfied on what I can show him. Barry Knight: Thank you. Are there any questions for Mr. Wright? Thank you sir. William Nick Wright, Jr.: Thank you. Barry Knight: I'll open it up for discussion or a motion. Donald Horsley: The staffmade the comments this morning that Mr. Wright has been waiting a while to get Nimmo Parkway built and then he waited until after it got straight with the Navy, and readjusted his plans. I think he has been very patient trying to do something with his property. I think he has got a plan here that is very workable. And, I can support this plan, and whenever you're ready for a motion, I'm ready to make one. Barry Knight: We'll accept your motion. Do I have a second? I'll accept a second by Mr. Dave Redmond. Donald Horsley: Mr. Macali says we haven't made that correctly. We got to say what it is for. Bill Macali: The motion is made. Donald Horsley: I make a motion that we approve item 20 as conditioned. Barry Knight: Do you concur with the second Mr. Redmond. David Redmond: I second it. Barry Knight: Okay. There is a motion to approve by Don Hrosley and a second by Dave Redmond. Is there any discussion? I'll call for the question. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE Item #20 William Nick Wright, Jr. Page 7 BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of William Nick Wright, Jr. Page 1 of 1 Karen Prochilo From: William R Wolfe [williamrwolfe@cox.net] Sent: Wednesday, September 12,20075:48 AM To: Karen Prochilo Subject: William Nick Wright JR REZONE AG2 to R-7 Good Day Mrs. Karen Prochilo In regarding the REZONING ofthe property of William Nick Wright JR; REZONE AG2 (WOODS) to R-7 and future REZONE of the AG-l (Horse Ranch) next to my property, I AM AGAINST! My wife and I bought this property ten year ago BECAUSE of the Horse Ranch behind our property and the Woods. Especially and more COMMERIAL and/or NON-RESIDENTIAL uses we have enough at "Red Mill Commons!" If homes are to be built, let them be SINGLE FAMILY HOMES and NOT "Town Homes and Condo's" THANK YOU for your Time Very Respecifully William R Wolfe 1865 Rising Sun Arch Virginia Beach, VA 23454 757-721-6039 (Home) 757-613-6538 (Cell) williamrwolfe@cox.net 9/12/2007 Page 1 of 1 (0r~er0 Subj: Date: From: To: Item 20 planning agenda 9/11120079:06:46 A.M. Eastern Standard Time ww.s_<mw~gler@WTS~[ch J!Qm p~rJY9 k(lj9Jlt@tJQt~Qm -;p Dear Mr. Knight: I am contacting you in my opposition to the said application. R7.5 is not the proper rezoning of this property. Adjacent properties are R10 To R20+. R7.5 should have been placed at Nimmo and General Booth instead of the proposed retail to stay in conformance with the CZO and plan. In the comprehensive plan this plat is eligible for the agricultural reserve program if the owner so desires to consider it. The property lies within the Princess Anne Transitional area and should be viewed with that criteria in mind, such as: open space and recreation(city purchase of land or denial of rezoning request); Transition area should not be considered a continuation of higher density growth as experienced in the north of the city; Discourage direct access to Nimmo Pkwy.; residential shall never front or back onto arterialways. Buffer protected from future alterations through use of easement or deed to homeowner assoc. These are just several items that the comprehensive planning documents state should occur. The allowance of R7.5 will open up the floodgates along this newly opened stretch of Nimmo Parkway for more reckless and unchecked urban growth at the edges of lower density housing and significant wildlife refuges. The long term vision of where Nimmo Parkway will eventually extend to and the limited access it should have as the end result should be seriously considered. What you do with this property will establish the future for what could be a future gateway of open space to the east. Thank you for considering my position. William W. Schwegler, R.A. wwschwegler~~rch-"-c;Qm ~@wts~n::l1.com Tuesday, September 11,2007 America Online: BARRYDKNIGHT CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6759 DATE: October 8, 2007 TO: Leslie L. Lilley , ~ B. Kay Wilson~J,j DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application: William Nick Wright, Jr. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 23, 2007. I have reviewed the subject proffer agreement, dated August 20, 2007 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen AGREEMENT THIS AGREEMENT made this 20th day of August, 2007, by and between T AYLOR WRIGHT LEWIS, formerly known as MARY TAYLOR WRIGHT ("Wright") and B&W PROPERTY DEVELOPMENT, L.L.C., a Virginia limited liability company ("B&W") and N &K PROPERTIES, L.L.c., a Virginia limited liability company ("N&K"), Grantors and W. NICK WRIGHT, JR., (the "Applicant"), all Grantors for purposes of indexing and the CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia, hereinafter called "Grantee", Grantee for purposes of indexing. RECITALS: R-l. Wright is the record fee simple owner ofthe property located in the Princess Anne District, City of Virginia Beach and described as "Parcel Two" on Exhibit A attached hereto and incorporated into this Agreement and B&W and N&K are the record fee simple owners of the parcels described as "Parcel One", "Parcel Three" and "Parcel Four" on the attached Exhibit A (collectively, the "Property"). R-2. The Applicant initiated an amendment to the zoning map of the City of Virginia Beach, Virginia, by petition of the Applicant addressed to the Grantee, so as to change the zoning classification of a portion of the Property from AG-2 Agricultural to R-7.5 Residential District, said portion of the Property being shown and depicted on that certain plan entitled "Zoning Boundary Plan of Parkway Estates, Nimmo Pkwy, Virginia Beach, V A" prepared by MSA, P.c. and incorporated herein by reference and which has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach, Virginia (the "Zoning Plan"). The proposed amendment is made pursuant to the terms of the zoning ordinance of the City of Virginia Beach, Virginia, adopted April 18, 1988, as amended and as in effect as of the date of this Agreement (the "Zoning Ordinance"). R-3. The Grantee's policy is to provide only for the orderly development of land, for various purposes, including residential purposes, through zoning and other land development legislation. R-4. The Grantor and the Applicant acknowledge that competing and sometimes incompatible uses conflict and that in order to permit different uses on and in the area of the Property and at the same time to recognize the effect of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly Prepared by Harry R. Purkey, Jr., P.c. 1 303 34th Street, Suite 5 Virginia Beach, VA 23451 GPINS: 2414-65-3077 2414-64-5890 2414-64-7136 2414-75-6105 (Part of) zoned R-7.5 are needed to cope with the situation which the Applicant's rezoning application gives rise to. R-5. The Grantor and the Applicant have voluntarily offered, in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the zoning map with respect to the Property, in addition to the regulations provided for in the existing R-7.5 zoning district by the Zoning Ordinance, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as part of said amendment to the zoning map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which it is generated by the rezoning. R-6. The conditions outlined in this Agreement have been proffered by the Grantor and the Applicant and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance and the zoning map. These conditions shall continue in full force and effect until subsequent amendment changes the zoning of the Property; however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of the Grantee, unless, notwithstanding the foregoing, the conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the Property at the time of recordation of such instruments; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. WITNESSETH: NOW, THEREFORE, the Grantor and the Applicant, for themselves, their successors, personal representatives, assigns, grantees and other successors in title and interest, voluntarily without requirement by or exaction from the Grantee or its governing body and without any element of compulsion or Quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees and other successors in interest or title. 1. Only those portions the Property shown on that plan entitled "Conceptual Site Layout & Landscape Plan of Parkway Estates, Nimmo Pkwy., Virginia Beach, VA", dated August 15,2007 and prepared by MSA, P.C. which has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach, Virginia (the "Layout and Landscape Plan") and incorporated herein by reference and forming a part of this Agreement shall be rezoned to R-7.5 Residential and the zoning classification of the remainder of the 2 Property shown on Exhibit A shall remain unchanged. Grantor shall cause to be prepared and recorded (after receiving all appropriate City approvals) a subdivision plat to create a legally separate parcel having the dimensions and configuration consistent with the parcel shown on the aforesaid plan. 2. The exterior facades of the dwellings constructed on the Property shall utilize the materials or a combination thereof as are depicted on the photographs which have been exhibited to the Virginia Beach City Council and which are on file with the Virginia Beach Department of Planning. 3. The portion of the Property to be rezoned shall be developed in substantial conformity with the Layout and Landscape Plan. 4. Further conditions may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 5. The Grantor and the Applicant covenant and agree that: a. The Zoning Administration of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (i) to order in writing that any non-compliance with such conditions be remedied and (ii) to bring legal action or suit to insure compliance with such conditions including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings. b. Failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate. c. If aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance, or this Agreement, the Grantor shall petition the governing body of Grantee for the review of such decision prior to instituting proceedings in court. d. The Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. SIGNATURES AND NOT ARIES ARE ON THE FOLLOWING PAGES 3 WITNESS the following signatures and seals: STATEOF ~~uL~~ CITY/COUNTY F .. , to-wit; I, .~~ ~'~.lVI.;a Notary Public in and for the City aud State aforesaid, do hereby certifY that Taylor Wright Lewis, formerly known as Mary Taylor Wright, has acknowledged the same before me in my City and State. ;L rll....J GIVEN under my hand this QSL day of ~' 2007 . ~M~~~) Notary Public My Commission Expires: /.- r:2. - D) () /" c:u SIGNATURES AND NOTARIES CONTINUE ON FOLLOWING PAGE 4 ~\,"IIUIIG~ ~~ I~~ ~:,~.~.~r~ :;: ....~((:)J-TJ.f ..... J ,..::. /~~....o~ .S' 0.-(\.... i! a::: '<7".... ; " i! . ~ .,-,. . <( \ ~ C'f' ff' ,,1 1::; ~ \':jJ ,,~<f' #;i m '" -~"q~ .......~~ ~OTA~ B & W Property Development, LLC, a Virginia limited liability company Byl0w1.u.K~1J- (SEAL) Walter R. Wright, anager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit; I, ~a.r-+ha \A.Jhi+e.. , a Notary Public in and for the City and State aforesaid, do hereby certify that Walter R. Wright, Manager of B & W Property Development, LLC, a Virginia limited liability company, has acknowledged the same before me in my City and State. GIVEN under my hand this ~3 day of AUJllc:,f- ,2007. ~ ~ (SEAL) Notary Public My commission expires: 5)?1 I d-.O \0 SIGNATURE AND NOT ARIES CONTINUE ON FOLLOWING PAGE 5 N & K Properties, LLC, a Virginia limited liability company By: 5L/ )?t \~~AL) W. Nick Wright, Manager I, 'tX:}O.J.....+ha White.. , a Notary Public in and for the City and State aforesaid, do hereby certify that W. Nick Wright, Manager of N & K Properties, LLC, a Virginia limited liability company, has acknowledged the same before me in my City and State. GIVEN under my hand this~3 day of u\u.~?t ,2007. ~C<.... ~#_ Notary Public (SEAL) My commission expires: 5l 31 12V(D SIGNATURES AND NOTARIES CONTINUE ON FOLLOWING PAGE 6 /:."''''''''''''''' 'ltlll. "~,.l.\':TE "'''- ~ .~" II;~ ~ ....\' .......... .""\ it. ~ ~., ". V~. S "". ......~ H OJ::' ...... "\ \, s ~..-.</1 "', ... "- .. I <(:" ~ .~ t ,,4.\ ~ \ \ ""l'" : Z ,{l.j ". - -: ::> = .-.' III o~z. = r.: :~ ~ .~ N:se-.: 0.. f ~\ ./ ~ I! ~..... ....~I ~ ........NOA\~ #~(SE~) W. Nick Wright, Jr.-'-- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit; I, fv'l CU''';--Vl a W h i +e- , a Notary Public in and for the City and State aforesaid, do hereby certify that W. Nick Wright, Jr. has acknowledged the same before me in my City and State. GIVEN under my hand this {). 3 day of Au~, 2007 ~~~ (SEAL) Notary Public My Commission Expires: 6 \2Ll ~(O Z:\renee\Agreements\Proffer Agreement-Nick Wright.doc 7 EXHIBIT" A" PARCEL ONE: GPIN 2414-64-3077 A twenty-foot (20') strip for a private road conveyed by Dennis Walke, et aI, to Thomas Cason by Deed dated August 20, 1903, duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 73 at Page 279, and shown in Map Book 2 at Page 16, (reference also Map Book 75, at Page 29); this road being subject to use by others as stated in said Deed. PARCEL TWO: GPIN 2414-64-5890 ALL THAT certain piece or parcel of land, situate, lying and being located in Princess Anne Borough, City of Virginia Beach, State of Virginia, and being all the property owned by the Grantor herein south of the proposed Ferrell Parkway, as shown on a certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH FROM BA YSHORE DEVELOPMENT CORP", which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 153, at page 19, the property being more particularly described as follows: Beginning at the northeast corner of the property herein described, which said point is located on the southern side of the proposed right of way of Ferrell Parkway and adjoins the western side of the property now or formerly owned by W. Nick Wright and Walter E. Wright; thence from this said point of beginning North 660 55' 09" West a distance of640.61 feet to a pin located in the center ofa 20 feet private right of way as shown on the aforementioned plat; thence continuing along the center of the right of way South 450 33' 45" West a distance of 248.58 feet to a pin; thence South 470 30' 08" East a distance of 433.49 feet to a pin; thence North 640 50' East 40.97 feet to a pin; thence North 640 50' East 88.00 feet to a pin; thence North 660 42' 22" East 106.31 feet to a pin; thence South 550 51' East 54.00 feet to a pin; thence North 270 39' East a distance of 102.30 feet to a pin; thence North 290 04' 06" East a distance of 59.41 feet to a pin; thence North 830 00' 14" East a distance of 68.98 feet to a pin; thence North 840 59' East a distance of 49.51 feet to a point of beginning. PARCEL THREE: GPIN 2414-64-7136 Described in Deed of Joshua T. James, et ux to Thomas Cason, dated March 15, 1892, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, in Deed Book 62, at Page 452, as containing six (6) acres, more 8 or less, being called Grapevine Ridge near Davys land; bounded on the North by land of Edward W. Atwood, on the East by land of Walter H. Hill, on the South by land of William H. Petree and on the West by Davys land; a survey thereof being recorded in Deed Book 62, at Page 453. And, that certain parcel of land described as follows: Lying easterly of Parcel Two above and described in Deed of Walter H. Hill, et ux, to Thomas Cason, dated July 23, 1894, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 65 at Page 192 as containing ten (10) acres, three (3) rods, 7,472 poles, adjoining Troutten's thicket; bounded on the North and the East by land of E.W. Atwood, on the South by other land of said Hill, and on the West by other land of said Cason; a survey thereof being duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 65 at Page 193. Above two parcels taken together are bounded Northerly by land now or formerly of Lagomar Realty Development Incorporated, (reference Map Book 74, at Page 35), Southerly by land now or formerly of Wilson, (reference Map Book 80, at Page 38), and Westerly by land or canal ditch lying between this land and the land now or formerly Upton Produce Co., Inc. and land now or formerly of Walke (reference Map Book 75, at Page 29, and Map Book 5 at Page 205. PARCEL FOUR: GPIN Part of2414-75-6105 All that portion of the below described property lying to the south of the proposed Ferrell Parkway, said proposed Ferrell Parkway being shown on that certain plat attached to that certain Deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2262, at page 43. All of that certain tract, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in what is known "Davis Land", City of Virginia Beach, Virginia, and described by courses and distances on a certain plat and survey of the same entitled "Plat of W.H. Cason's Land, etc." made by Joshua G. Moore, County Surveyor, and recorded in the Clerk' Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book Number 6, part 2, at page 185, which described the property as follows (said property being designated on the aforesaid plat as "W.H. Cason's Land"): BEGINNING at a post in the private road shown on the plat hereinabove mentioned and running South 650 15' West 8.56 chains to a post, thence North 450 16' West 1.05 chains to a gum stump, thence North 490 16' West 3.93 chains to a cypress, thence North 340 14' East 1.55 chains to a cypress, thence North 350 9 14' East .90 chains to a cypress, thence South 760 16' East 1.04 chains to a cypress, thence South 880 16' East 1.04 chains to a cypress, thence North 500 44' East 1.49 chains to a cypress, thence North 590 29' East 2.38 chains to a cypress stump, thence North 690 44' East .985 chains to a post, thence North 690 44' East .985 chains to a post, thence North 650 44' East 2.12 chains to a post formerly oak, thence North 380 14' East 2.64 chains to a cypress post, thence North 600 14' East 2.20 chains to a maple, thence North 590 14' East 2.16 chains to a gum, thence North 530 44' East 2.02 chains to a cypress, thence North 230 14' East 2.18 chains to a cypress, thence South 460 31' East 1.05 chains to a gum, thence South 720 01' East 2.43 chains to a maple, thence South 790 46' East 1.45 chains to a post, thence South 460 09' West 6.12 chains to a oak, thence South 460 09' West 9.55 chains to the point of beginning, containing in the aggregate ten (10) acres, three (3) rods, and seven (7) poles, but is subdivided into two plats, Plat No. One (1) containing 6 acres, 1 Rod, 11 Poles, and Plat No. Two (2) containing 4 acres, 1 Rod, 36 Poles. 10 TROUTMAN SANDERS LLP ATTORNEYS AT LAW A 1.IMITEO LIABILITY PARTNERSHIP 222 Central Park Avenue Suite 2000 VIRGINIA BEACH, VIRGINIA 23462 www.troutmansanders.com TELEPHONE: 757-687.7500 FACSIMILE: 757-687-7510 R. J. Nutter, II ~.nutter@lroulmansanders,com Direct Dial: 757-687-7502 Direct Fax: 757-687-1514 September 24, 2007 BY E-MAIL FChristi@vbgov.com Faith Christie, CZA, CBO Planner, City of Virginia Beach 2405 Courthouse Drive, Room 115 Virginia Beach, VA 23456 RE: Conditional Rezoning Application of AGC Acquisition, LLC Dear Fai: As you know, I represent the above-referenced Conditional Rezoning Application which was indefinitely deferred by City Council in August of this year. Since that time, much work has been accomplished by both your staff and my client such that this application is now ready to be placed on the agenda for consideration by City Council. If you would be so kind as to place this matter on the City Council's October 23, 2007 agenda, I would be most appreciative. My client has already modified the signs that are posted on the property to reflect the October 23,2007 date. Thanking you for your consideration in this matter, I am Very trul y yours, ,...;, 1-~"--' 7J[i"t-:-":~::"J-~ : .,..-:-:.... : VJ /.- . I R. 1. Nutter, II cc: ~th Hodges Fraser, MMC Mr. A. Kent Little ATLANTA. HONG KONG' LONDON' NEW YORK. NEWARK' NORFOLK. RALEIGH RICHMOND. SHANGHAJ . TVSONS CORNER. VIRGINIA BEACH. WASHINGTON. D.C. - 59- Item V-L.7. PLANNING ITEM #56627 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY Ordinance upon application of AGC ACQUISITION, LLC. for a Chanf!e of Zoning District Classification 170m AG-2 Agricultural District to Conditional B-4 Mixed Use District: ORDINANCE UPON APPLICATION OF AGC ACQUISITION, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL B-4 MIXED USE DISTRICT Ordinance upon application of AGC Acquisition, L.L.C. for a Chanf!e of Zoninf! District Classification from AG-2 Agricultural District to Conditional B-4 Mixed Use District on property located at 1291 Nimmo Parkway (GPIN 2414161683), DISTRICT 7 - PRINCESS ANNE Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Obemdorj. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and Robert M Dyer July 10, 2007 - 65 - Item V-L 9. PLANNING ITEM #56701 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY Ordinance upon application of AGC ACQUISITION, L.L.C. for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF AGC ACQUISITION, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL B-4 MIXED USE DISTRICT Ordinance upon application of AGC Acquisition, L.L.C. for a Chanf!e of Zoninf! District Classification from AG-2 Agricultural District to Conditional B-4 Mixed Use District on property located at 1291 Nimmo Parkway (GPIN 2414161683), DISTRICT 7 -PRINCESS ANNE Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 ~ Conditional Zoning Change {rom AG-2 10 8-4 ~~1",. ,r-'Y~.~' ..~'tI'--'~~\ 1~: ' ".. \'7.) ,...,_ .s:., ~\~;:::- .ii] ~~";-~:~~ --;.;...::~'" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of AGC Acquisition, L.L.C. for a Chanae of Zonina District Classification from AG-2 Agricultural District to Conditional B-4 Mixed Use District on property located at 1291 Nimmo Parkway (GPIN 2414161683). DISTRICT 7 - PRINCESS ANNE MEETING DATE: October 23, 2007 . Background: The applicant proposes to rezone an existing parcel, zoned AG-2 Agricultural District, to Conditional 8-4 Mixed Use District, and to develop the site with retail uses and multi-family dwellings. The applicant proposes a retail building of 24,777 square feet and 99 multi-family dwellings. This application was deferred by the City Council on July 10, 2007. Since the time of the deferral, the applicant has revised the proposal by reducing the height of the residential buildings (all three-story instead of three and four-story). . Considerations: The submitted site development plans depict a commercial building fronting Nimmo Parkway. The proposed building is slightly u-shaped with parking depicted in a reverse u-shape. Five residential buildings and parking are depicted behind the commercial building. Three stormwater management facilities are depicted on the site and will also be used for aesthetic amenities. Landscaping is shown around the perimeter and within the parking areas on the site. Two access points are depicted. The western access is proposed as a right in I right out to mostly serve the residential portion of the site. The eastern access is aligned with the median break on Nimmo Parkway and will be a full service access serving mostly the retail portion of the site. The applicant indicates that the 1.5-acre outparcel will be marketed for a full service restaurant facility, however that was not proffered as part of the rezoning. The proposed retail buildings on the site are similar in design to the Courthouse Marketplace Shopping Center on Nimmo Parkway. The proposed residential portion of the site is comprised of five buildings. The buildings are 3 stories. The proposed buildings incorporate a traditional architectural influence with details from the Colonial style. The overall building design for both the retail building and the residential buildings provides an integrated project that will blend well with the surrounding properties. AGC Acquisition, L.L.C. Page 2 of 3 The Comprehensive Plan recognizes this site to be within the Primary Residential Area, Site 4.2 Nimmo Parkway / General Booth Intersection Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Per the recently adopted Memorandum of Understanding (MOU) between the City and the Navy, City staff, the Navy, and the applicant met and discussed this application and the fact that the proposed residential use is not compatible within the 65 to 70 dB Ldn AICUZ. Based on that meeting, the Navy provides the following comments: "This property lies within the 65-70 decibel (dB) day-night average (DNL) sound contour as depicted on the 2005 AICUZlJLUS map. According to the criteria of the Navy's Air Installations Compatible Use Zones (AICUZ) Program, the proposed residential development is an incompatible land use. However, after meeting to discuss this proposal pursuant to the MOU (Memorandum of Understanding), the NAS Oceana staff will not disagree with the Virginia Beach Planning Department staff should they decide that there exists no reasonable use for this land other than one similar to that proposed by AGC Acquisitions. That is, a mix of residential and business uses. Should the Planning Department staff favorably endorse this project, the Navy staff recommends that it does so with a recommendation to the Planning Commission and City Council that the application be granted at the lowest density that is reasonable. For residential structures, the Navy also recommends that any approval be granted on the condition of design and construction compliance with the Virginia Uniform Statewide Building Code for noise level reduction of at least 25 dB or greater". The applicant's proposal at the time of the MOU meeting was for a residential density of 12 units per acre. The lowest reasonable density for the development was not established at the MOU meeting, but there was consensus that a density of 12 units per acre was not the lowest reasonable density. The applicant subsequently modified the proposed plans to reduce the density to nine (9) units per acre. The Planning Staff concluded, based on the location of the site at a major intersection and the character of the surrounding area, that the lowest reasonable density is the nine (9) units per acre established for the development on the western corner of this intersection. Such density is also consistent with a rezoning approved in 1999 for The Crescent Condominiums, just west of the intersection of General Booth Boulevard and Nimmo Parkway. In that case, the applicant proffered nine (9) units to the acre. Even though the Comprehensive Plan recommended neighborhood office uses for that side of General Booth Boulevard, the project was approved because of the high quality of site and building design proposed. AGC Acquisition, L.L.C. Page 3 of 3 An outstanding issue, however, pertains to the recommendation of the Comprehensive Plan regarding access to the site. The Plan states "Vehicular access for the proposed development should be limited to no more than one point on either Nimmo Parkway or General Booth Boulevard," (p. 106). The Department of Public Works/Traffic Engineering notes that the Traffic Impact Study (TIS) and conceptual site plan submitted with this proposal show two proposed entrances to the development from Nimmo Parkway. Since Nimmo Parkway is a Controlled Access roadway, and this is a single parcel, Traffic Engineering will only allow the easternmost entrance, lined up with the median break on Nimmo Parkway. Traffic Engineering has determined that the traffic impacts of eliminating the western access from the proposed plan will not be significant because right-in I right-out traffic can be accommodated at the eastern access aligned with the median break. The Planning Commission, however, approved the plan as proffered, which includes the two access points. . Recommendations: The Planning Commission passed a motion by a recorded vote of 8-2 to approve this request as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval.. Planning Commission recommends approval. City Manager: I~ Submitting Department/Agency: Planning Department AGC ACQUISITION, LLC Agenda Item 18 Ju~e 13, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: Chanae of Zonina District Classification from AG-2 Agricultural District to Conditional 8-4 Mixed Use District. Ii. Cond;lionciJ Zoning Change from AG.2 10 8-4 ADDRESS I DESCRIPTION: Property located at 1291 Nimmo Parkway GPIN: 24141616830000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 10.28 acres APPLICATION HISTORY: This application was deferred at the May 9 public hearing at the request of the applicant. SUMMARY OF REQUEST The applicant proposes to rezone the existing AG-2 Agricultural District to Conditional 8-4 Mixed Use District, and develop the site with retail uses and multifamily dwelling. The applicant proposes a retail building of 24,777 square feet and 99 multi-family dwellings. The submitted site development plans depict a commercial building fronting Nimmo Parkway. The proposed building is slightly u-shaped with parking depicted in a reverse u-shape. Five residential buildings and parking are depicted behind the commercial building. Three stormwater management facilities are depicted on the site and will also be used for aesthetic amenities. Landscaping is shown around the perimeter and within the parking areas on the site. Two access points are depicted. The western access is proposed as a right in / right out to mostly serve the residential portion of the site. The eastern access is aligned with the median break on Nimmo Parkway and will be a full service access serving mostly the retail portion of the site. The applicant indicates that the 1.5-acre outparcel will be marketed for a full service restaurant faCility; however that was not proffered as part of the rezoning. AGC ACQUISITION Agenda Item 18 Page 1 The proposed retail buildings on the site are similar in design to the Courthouse Marketplace Shopping Center on Nimmo Parkway. The proposed residential portion of the site is comprised of five buildings. The buildings are three stories and they incorporate a traditional architectural influence with details from the Colonial style. The overall building design for both the retail building and the residential buildings provides an integrated project that will blend well with the surrounding properties. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Atlantic Garden Center occupies the site. South: East: West: . Nimmo Parkway . Across Nimmo Parkway is the Hickman homestead, currently in . the rezoning process to develop the site with a shopping center . Single-family dwelling I R-20 Residential . A church and single-family dwellings I R-20 Residential . Offices I 0-1 Office SURROUNDING LAND USE AND ZONING: North: NATURAL RESOURCE AND CULTURAL FEATURES: There are no natural resources or cultural features associated with the site, AICUZ: The site is in an AICUZ of 65-70 dB Ldn surrounding NAS Oceana, There are additional comments and discussion pertaining to the AICUZ in the Evaluation and Recommendation section of this report. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Booth Boulevard in front of this site is currently a four-lane divided minor urban arterial. This section of General Booth Boulevard is not included in the current City Capital Improvement Plan. Nimmo Parkway is currently a four-lane divided major urban arterial roadway. Nimmo Parkway is classified as a controlled access roadway. Currently no roadway improvements projects are proposed for this section of Nimmo Parkway. Nimmo Parkway from Upton Drive through Lagomar is currently under construction (CIP 2-151). Nimmo Parkway connecting General Booth Boulevard to Holland Road is anticipated to begin construction in 2009/10 (CIP 2.121). AGC ACQUISITION Agenda Item 18 Page 2 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Nimmo Parkway 11,800 ADT 1 36,900 ADT Existing Land Use --z _ 1,000 ADT General Booth 36,100 ADT 32,700 ADT Proposed Land Use 3 _ Boulevard 2,689 ADT Average Dally Tnps 2 as defined by garden center on 10 acres of land 3 as defined by multi-family, retail, and restaurant Traffic Engineering substantially agrees with the Traffic Impact Study (TIS) for The Atlantic Garden Center, dated April 2007, and is approving the Recommendations of the TIS with the following comments / exceptions: 1. The TIS and conceptual site plan show two proposed entrances to the development from Nimmo Parkway, Because Nimmo Parkway is a Controlled Access roadway, and this is a single parcel, Traffic Engineering will only allow the entrance labeled as Driveway B, the eastern access aligned with the median break. Therefore, Recommendation 11.1 regarding the Driveway A, the western access, is not accepted. 2. Traffic Engineering has determined that the traffic impacts of eliminating the western access, from the proposed plan will not be significant because of the right-in / right-out traffic that can be accommodated at the eastern access aligned with the median break, Because they are all right turns, this additional traffic at the eastern access will not affect the signal warrants analysis or un-signalized analysis of this intersection. The following comments are provided based on Traffic Engineering's review of the preliminary site plan for the Atlantic Garden Center development. 1. A one-foot no ingress-egress easement will be required for the proposed restaurant out parcel at the Nimmo Parkway and General Booth Boulevard intersection. No entrances to either of these roadways will be granted for the out parcel. A cross access easement will be required on the residential/retail site to allow access to the out parcel from the three entrances shown on the preliminary site plan. 2. A Traffic Signal Bond will be required at the construction plan approval stage for the developments portion of the cost for a potential traffic signal to serve this development. The bond amounts will be determined at a later date and will be based upon the data presented in the TIS. 3. Traffic Engineering reserves the right to make additional comments regarding the locations and lengths of the proposed turn lanes and entrances on Nimmo Parkway when the development construction plans are submitted to the DSC for review and approval. WATER: This site must connect to City water. There are 12-inch and 16-inch City water mains in Nimmo Parkway in front of the site, and a 16-inch city water main in General Booth Boulevard in front of the site. SEWER: There is a 42-inch Hampton Roads Sanitary District force main in Nimmo Parkway and a six-inch City force main in General Booth Parkway fronting the site. The six-inch City force main in General Booth Boulevard is at capacity, No City gravity sanitary sewer is available to this site. A public pump station may be AGC ACQUISITION Agenda Item 18 Page 3 required with the development. STORMWATER MANAGEMENT: The referenced subdivision must develop a stormwater management plan for water quantity and quality in accordance with the Public Works Specifications and Standards. The dedicated area for the proposed stormwater management facility appears to be minimal in size and may need to be enlarged after the proposed stormwater management plan for the proposed development is designed. Public or private easements will need to be provided over the on-site portion of the existing drainage ditch located along the eastern property line. Offsite stormwater runoff enters this existing ditch. Furthermore, the proposed BMP will most likely outfall directly into this existing ditch. The recorded maintenance easement for the proposed stormwater management facility will need to define the maintenance responsibilities for the stormwater management facility by each of the proposed on-site parcel users of the stormwater management facility. SCHOOLS: School Current Capacity Generation 1 Change 2 Enrollment Three Oaks Elementary 592 780 17 17 Princess Anne Middle 1,514 1,275 9 9 Kellam High 2,078 1,832 13 13 " " generation represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students), Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below, EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the Primary Residential Area, Site 4.2 Nimmo Parkway I General Booth Intersection Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The Comprehensive Plan addresses proposed development for this site with the following: "The tract on the southeast corner of Nimmo Parkway and General Booth Boulevard is planned for neighborhood office use for parcels along General Booth Boulevard and single-family residential use behind the office use at densities compatible with the existing residential development in this area. If possible, roadways serving the proposed single-family development should connect to the existing single-family area to the east, (p. 106)." AICUZ: Per the recently adopted Memorandum of Understanding (MOU) between the City and the Navy, City staff, the Navy, and the applicant met and discussed this application and the fact that the proposed AGC ACQUISITION Agenda Item 18 Page 4 residential use is not compatible within the 65 to 70 dB Ldn AICUZ. Based on that meeting, the Navy provides the following comments: "This property lies within the 65-70 decibel (dB) day-night average (DNL) sound contour as depicted on the 2005 AICUZlJLUS map. According to the criteria of the Navy's Air Installations Compatible Use Zones (AICUZ) Program, the proposed residential development is an incompatible land use. However, after meeting to discuss this proposal pursuant to the MOU (Memorandum of Understanding), the NAS Oceana staff will not disagree with the Virginia Beach Planning Department staff should they decide that there exists no reasonable use for this land other than one similar to that proposed by AGC Acquisitions. That is, a mix of residential and business uses. Should the Planning Department staff favorably endorse this project, the Navy staff recommends that it does so with a recommendation to the Planning Commission and City Council that the application be granted at the lowest density that is reasonable. For residential structures, the Navy also recommends that any approval be granted on the condition of design and construction compliance with the Virginia Uniform Statewide Building Code for noise level reduction of at least 25 dB or greater". Evaluation: Staff finds the request acceptable. While the Comprehensive Plan calls for single-family development behind office uses for this site, the introduction of a multi-family component between the existing low intensity office uses and the proposed retail uses could provide an appropriate buffer for the existing single-family dwellings to the east. A rezoning was approved in 1999 for The Crescent Condominiums, just west of the intersection of General Booth Boulevard and Nimmo Parkway. In that case, the applicant proffered nine (9) units to the acre. Even though the Comprehensive Plan recommended neighborhood office uses for that side of General Booth Boulevard, the project was approved because of the high quality of site and building design proposed. The applicant redesigned the project to conform to previous recommendations of nine (9) dwelling units to the acre. The applicant also redesigned the commercial and residential buildings to be more in keeping with the overall architectural theme emerging in the area. The Comprehensive Plan also states "Vehicular access for the proposed development should be limited to no more than one point on either Nimmo Parkway or General Booth Boulevard," (p. 106). Traffic Engineering notes that the Traffic Impact Study (TIS) and conceptual site plan show two proposed entrances to the development from Nimmo Parkway. Since Nimmo Parkway is a Controlled Access roadway, and this is a single parcel, Traffic Engineering will only allow the easternmost entrance, lined up with the median break on Nimmo Parkway. Since the adoption of the 2003 Comprehensive Plan, the Joint Land Use Study (JLUS) and the Base Re- Alignment Commission (BRAC) hearings have occurred, impacting how properties such as this are evaluated for zoning changes. Based on the MOU meeting with the Navy, the land use character of the surrounding area, and evaluation of the proposal against all of the relevant provisions of the Comprehensive Plan, staff concludes that the proposal is now proffered at what is the lowest reasonable density. However, staff is still concerned with the applicant's desire to retain the two entrances to the site from Nimmo Parkway, As previously stated, Nimmo Parkway is a Controlled Access right-of-way. It is vitally important we protect the integrity of the roadway by preventing unnecessary access to parcels. Traffic AGC ACQUISITION Agenda Item 18 Page 5 Engineering has determined that the traffic impacts of eliminating the western access from the proposed plan will not be significant because right-in I right-out traffic can be accommodated at the eastern access aligned with the median break, Staffs recommendation of approval, therefore, comes with the caveat that the applicant must eliminate the western access from Nimmo Parkway. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," ($1 07(h)(1)), Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The development of the Property shall be in substantial conformance with the site plan titled "Atlantic Gardens", last revised May 10, 2007, as modified with respect to the residential portion by that site plan titled "A.G.C. Apartments Site Plan" dated May 12, 2007, prepared by Jeff Love and Associates, which plan has been exhibited to the City Council and is on file with the Planning Department of the City of Virginia Beach (the "Site Plan"). PROFFER 2: The buildings constructed on the Property shall be constructed in substantial conformance with the building elevations titled "Atlantic Gardens Center proposed Retail Center", "Atlantic Gardens Center Revised Design" dated May 10, 2007, prepared by Jeff Love and Associates, which elevations have been exhibited to the City Council and are on file with the Planning Department of the City of Virginia Beach (the "Building Elevations"). PROFFER 3: The number of residential units developed on the Property shall not exceed ninety-nine (99) units, in compliance with the recommendation of the City of Virginia Beach Planning Staff. PROFFER 4: No gas station or convenience store shall be located on the Property. PROFFER 5: The Grantors shall install and maintain a solid privacy fence, constructed of materials of the Grantors' choosing, along the southern boundary of the property immediately adjacent to the neighboring parcel identified by GPIN 2414-06-8108, ST AFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plan. The proffers also define the number of proposed dwelling units and delete any proposals for gasoline stations in conjunction with convenience stores. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. The submitted preliminary elevation plan depicts buildings that are complementary to existing buildings in the area. These proffers, however, are acceptable only if the applicant eliminates the western access (Driveway A on the plans) from Nimmo Parkway. AGC ACQUISITION Agenda Item 18 Page 6 The City Attorney's Office has reviewed the proffer agreement dated May 25,2007, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AGC ACQUISITION Agenda Item 18 Page 7 AERIAL OF SITE LOCATION AGe ACQUISITION Agenda Item. 18 Page 8 >. ~ ~ - I; I. :> . . . . . . . , . GelJel'ci/ a Coth a Oil/, e\'al'd f j..'.' . PROPOSED SITE PLAN AGC ACQUISITION Agenda Item 18 Page 9 r-~.~ - \ * , \ # ~ ~~.". -~.~ I I . I . I .. I " I , . I .. , " '"'-, I ~ * .~ w-- ~ ~ -r-- PROPOSED SITE PLAN (RESIDENTIAL PORTION) AGe ACQUISITION Agenda Item 18 PagEr 10 .10 - - ];.. r'" o~ ~""O ~. 0 ,..",< ;I:; V 0 "'" - "'" ~ RESIDENTIAL BUILDING RENDERING AGC ACQUISITION Agenda Item 18 Page 11 RETAIL BUILDING RENDERING AGC ACQU1SITION Agenda Item 18 Page 12 Map K-ll AGe Ac 2~-(Q:. I '-=:.C':' Id;~~\ .d\. t~ "~"' \.- -'. ~.~ i~;3i~~ .....' ,~. ..'.'.'~ ".;; """-'"'. .... ..;..... I::'~",' t'..-.. ".""""..' 0" ........, L - . .-. i" , '.~'':'~',' ~ l/...._ .,.J"'.:"..:',. r"~:t~ '-:'-,,,,< 'A'" . ^~,_. ,(, 'I. 8/B6 Rezoning (R-3 Residential to .A.G-2 Agricultural) and Cond:tionaJ Use Permit (Retai! Sales) Rezoning (R-2D Residential to Conditional B-2 Business) Subdivision \/anance Rezonin'~ (R-20 Residentla! to Condtlonal 0-1 Office) Rezonmq (R-20 Residentla! to Conditional 0-1 Office) Rezonin. (R-20 Residentiai to Conditional OL 1 Office) Rezoning (..1,,13- 'I and AG-2 Agncultural and R-20 Residential to Gonditlona' 0-1 ()ffice) and Rezoning (AG-1 and .AG-2 Aqricultural and R-20 Residential to Conditional A-18 A .artn1ent) Conditional Use Pem1itfChurch Addition) A 'roved Approved ..... Pending 8/25/92 1/28/92 Pending A..roved Toved rm..ed A ,roved Appro'v'ed 3. B~,{8l95 :)~ 11/23/93 Ei/25/99 6. '7 .. ~ t3/25!9CI ZONING HISTORY AGC ACQUISITION Agenda Item 18 Page 13 41'25188 Street Closure Approved 8. '10/23189 Reconsideration of Conditions (R-3 Residential to 0-1 Approved Office - approved 1/27/86) and' Rezoning (R-20 Residential to 0-'1 Office 'I 9. 10112104 Conditional Use Permit (Expansion) Appro....ed 81'11198 Conditional Use Permit (School) Appro....ed 8/13196 Conditional Use Permit (School) Appro....ed 4/25188 Conditional Use Permit (Church', Approved 10. 81"1410'\ Modification of Proffers and Conditional Use Permit (Communication Tower'1 Approved . ' 3/14100 Modification of Proffers Approved 1/11100 Conditional Use Permit (Church) Approved 10/12199 Modification of Proffers Approved 217199 Rezoning (Conditional 0-2 Office to Conditional B-1A Business) and Conditional Use Permit (Self-storage facilitY'1 Approved . . 31'24198 Rezoning (Conditional 0-2 Office to Conditional B-1A Business) Approved 12/9197 Rezoning (Conditional 0-2 Office to Conditional A-12 Apartment) '..~~ithdrawn 1 0126193 Rezoning (Conditional 0-2 Office to Conditional B-2 Business) and Conditional Use Pem,it (Skating Rink) Approved 5/2819 .\ Street Closure Appro....ed 11/27190 Reconsideration of Conditions placed on a Street Closure Appro....ed 9/18189 Rezoning (Conditional 0-2 Office to R-20 Residential) and RezoninQ (R-20 Residential to Conditional 0-2 Office') Approved ZONING HISTORY AGC ACQUISITION Agenda Item 18 Page 14 r:1 . ~ I ; z; I LLJ : ~ LLJ t- < t- I(/) LLJ 0:: ::) (/) o ..J U (/) C ur; ~~ '" u '" '" ~:E~ .~ ~ ~ ; E ~ '0 ~ g U IJ) rtj ..= .~ Q; rti v; Q'O Q) 1;1 (/)":;: ~ E ~ ~ ~ ~ ~oyj ..:: CI.) ?i ~ ~ <<l ~ ._ E '-g ~ ::l ~ "B 5 .:; ~6Eg ~ .....J >- - on I:; ~~gQ ~ o en _'~ e -':SEe ~ ~ ~ ~~ ~ o rJ) '0'<3 .5 ~ ~ -5 ~ _E c ";r. c ,c ~~ 0::# --..;= t":~ 0 <( .c Q u; Vl:>-€ O~~~i:.€ ~ >-.~ a;~..: E ~ ~ c:~.:: ~ ~ : ~~ ~ C 0. 5 ~8 t5- 8 ~ ~ uc;j ~ C::Vf7€~~€ ~ ~ ~ 5.~ E ~ g rh ~:!': ~~-~,~~~ <;; :5 ~ ~~ lS ~ .9 ~ ~~ '" '" ~>: ~~ : '" g~ ~ c':3 ~ 0: C igo !:x'U .~~~ co 0 7:~U .c.=-= .9. 2 ~ -55gE g ~~ r:.:;'.... 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E '" ci: :;: '" a; ~ ci. c ,g 't ~ , :=-c: 8.g '" '" ..... .~ o~ ~2' "- ~. .~~ c: <'C ~~ ~5 ~-~ oc: c..~ ., a> .:::;.s:: ;15 <ll 0 (;; . :.~ xa> ~.~ <315 o <:: :5 E; ~ -;; 't' .s .S <, ~ 8 '"' ~ '" E ~ v .c. ~ C "- ~ g t: '" "- 'E' ~ ~ C> '" E ? ::- '" ,,; '" ;; ~ .. f' <; l.I..:... ~,~ ~,~ !2 '" C o Z '" <:: .~ c: '" ~ '0 ~ 0; c: '" ~ -€ $ -s '" ~ e > E .c " '" o c:: '" C .~ ;; c ~ G ~ ~ ~ ~ '0 C Q gZ:5 ~ '0 ~ g Q C C ~ i:; ~>--5 'u C'. .~ ~~ <::: !: '" ~ ~~ ;'<: ~ '::l c <'; ., <:> f :; c ~ '" C '" U, ~ u . 8~~ Cl '" : ~ ~,i., -:.t. .. AGC ACQUISITION Agenda Item 18 Page 15 Applicant Disclosure (AGC Acquisition, LLC) ') Indian River Farms. LLC L vnnhaven Homes - Isle of Wight. LLC 01 .... ' Lynnhaven Helicopter Service. LLC Lynnhaven t\1ortgage~ LLC Lynnhaven Turbine, LLC Thalia Comlnons~ LLC Torrey Properties, LLC DISCLOSURE STATEMENT AGC ACQUISITION Agenda Item 18 Page 16 Item #18 AGC Acquisition, L.L.c. Change of Zoning District Classification 1291 Nimmo Parkway District 7 Princess Anne June 13, 2007 REGULAR Dorothy Wood: The next item sir is item 18 and that is AGe Acquisition. That is Mr. R.J. Nutter. Barry Knight: Welcome R.J. R.J. Nutter: Thank you very much Mr. Chairman. I certainly don't envy your jobs. First of all for the record, my name is R.J. Nutter. I'm an attorney and represent that applicant AGC Acquisition. This application, as you know, has been deferred once before. What you may not realize is, but I'm sure staff has probably pointed out to you, is that this applicant has worked very, very hard with your staff on getting this application to a point where it comes to you today with their recommendation of approval. It is that application that resulted in us modifying the land plan at least five times. In addition to that we have had meetings with the Navy. In fact, this was the first application to proceed with the Navy under the new MOU process that was adopted while this application was pending. I'm happy to have been that first case. In addition to that, it resulted in a large change in the plan that was before you previously in two principal respects. First is that we were asked to reduce the density on this project by about 20 percent. In relationship to other projects that have been approved near by, and frankly, we met with staff, projects that were approved in the nearby area where the density was anywhere from 9 to 12 units to the acre, and they were asking us to go 9. We've agreed to that with the reductions that we've made. I will tell you that we have come a long way. In addition to that the other principal change is the architecture which we submitted to staff originally, we were asked to modify, to comply at first, as many of you, with an application across the street from us by the Hickman family. We were asked to look at that as a principal guide for how our architecture should be modified. What we found when we met with staff on the Hickman application is that while it is a very nice project, a very nice proposal, it had aspects that they wanted us to pick up, but frankly staff admitted to us that the Hickman application was designed not to blend with Nimmo church but designed to blend with the Hickman home. So, it had a lot more brick. It had a lot more features like that then the church did. But they did say that application had a substantial number of roof features that they wanted us to modify. We had large flat roofs with some features. So, as you can see from these composites we went back to work with them, and our architects changed over to materials that matched and compliment Nimmo church type of roof line. Again, it has that steeple type effects instead of a flat roof, more and more traditional rural county look if you well. A more colonial look then we had originally proposed at this site. So, a lot has been done on this application. We are happy to have staffs recommendation of approval. Now, I would like to comment on, because I was not able to attend this morning's earlier session, but I did have someone from my office, who took Item #18 AGC Acquisition, L.L.c. Page 2 rather some copious notes, and talked to me about it, so, I can tell you that I am very familiar with the conversation that occurred, and as I wanted to be, because I wanted to be responsive to the issues that you raised, quite frankly. And, I think it is fair to say that the principal discussion dealt with the access points on the property that we proposed. If I could, I would like to point those out to you. As you know, this property has some small frontage on General Booth here, but its principal frontage, I guess into an adjacent right-of-way, is along Nimmo Parkway. The two access points that you see here currently exist on the property today and have existed even though the property has been used for large retail and wholesale operation by a wonderful user. The Atlantic Garden Center has been a wonderful user. In fact, as we met with residents in the area on this application, I will tell you that there was less concern about this application than there was about what are we going to do when we lose Atlantic Garden Center, which is a wonderful tribute to their business? So, at any rate and having said that, these are the two access ways that we have had on this property for quite some time. As your staff report points us the staff is recommending that we only have one of those access ways, but I think there are a couple of arguments that I would like to propose to you on why we would like to keep those two access ways. First of all, these two access ways currently are on Nimmo Parkway. There is a great level of service on that roadway as you know. We are well under capacities for this property as Nimmo currently stands. And, while I recognize that Nimmo Parkway will be improved and those numbers will increase. Those numbers will increase from A & B to probably C & D. So, this won't be the only piece of property in the city with access points along roadways with C & D with two access ways. In fact, it will be far from it. It will be one of the many throughout the city that have that situation. The second thing that I point out to you is that this property, after all the discussion and meeting with Jack's office and his staff, and we started working with this before Jack assumed this position, so we had to look at it independently at how Bob had looked at it. I think he concluded the same that we did. This is a major intersection. It is a property that could have mixed use on it. We were asked to modify to have a true mixed use. So, there is true connectivity between these properties. We were asked to modify the location ofBMPs. We were asked to modify the orientation of the retail. How it was set on the property. We were asked to add this feature here to get a nice connection with the retail and the residential along the BMP here. There are a number of features that have been added to make sure this works. So, my point to you is that you have a property that is right now all commercial going to a property that will have both retail and commercial on it. And, to have those two mixtures of uses with one access way is, I think is a little dangerous in my mind. I really believe, in this case, with retail use and residential on the same piece to have one access way on this property is a little dangerous. I tell you that because I know your write up points out and your Comprehensive Plan recommends that, the Comprehensive Plan looked at a little different land uses than we have here. That is why if you look at it today with what's here, two existing access ways, a plan in process that works very well together and have been modified to comply with that, the two access ways, in my mind are certainly not unreasonable. Another significant point I point out to you that this is the out parcel. It is briefly discussed in the staffs write up. One of the first things we were asked to do on this site was to eliminate, because we were actually in conversations with Wawa's, and we left staff know that. And, they said hey look, we would really be opposed to having Item #18 AGC Acquisition, L.L.c. Page 3 that kind of heavy use on this property. So, we agreed in this case to not only eliminate Wawa's, but any convenience gas store operation on the property. So, 7-Eleven can't go here. Wawa's can't go here or whatever the next iteration of that business venue turns out to be, will not be looked at the property. So that means a substantial reduction in the amount of traffic that could come to this site. It means a vote would probably go with either an office use or as a staff points out a restaurant use is a high probability here, so very complimentary uses. So, my point again to you is that you got a mixture of uses. You have a Comprehensive Plan recommendation that was based upon a set of facts not in play. You're on a roadway with great access and availability in terms of level of service. It is very high on this property. Even staff says that it doesn't propose a problem here. They are just talking about a policy where they want a few restrictions and access points as possible. And, with that much frontage along there and with these uses and with the restrictions, the applicant has already agreed to, we feel that it is very reasonable for two access ways on the property. I will also point out to you very briefly because I know that my light is going to on here shortly. I know I can count on Ed for that light. We have met with many adjacent property owners. We have a church located right here. We met with the pastor, and they are very much in support of the application provided there is a pedestrian connection between us and the church. We sent out letters to the residents along this portion of the property prior to our last meeting. Several of them came to the meeting with us and had no objection. Since the last meeting, Mr. Chairman as you know all to well, we met with the Pratts, who own this property here and met with Mr. & Ms. Kaplan. I'm sorry that they are not here today but they told us they would be in support of the application. They also asked for a pedestrian connection from our property into theirs, which we have no disagreement. We met with them last week. Ed Weeden: R.J. You have 45 seconds. R.J. Nutter: I'll wrap up very quickly. And, finally Mrs. White, who is here today, and her home is somewhere. Ms. White you know better than I. I am not going to try and guess but somewhere in this general vicinity. And, I can tell you that the stand of trees that are along this portion of the property, we have no intention of impacting whatsoever. I think most of them are on her property as best as we can tell anyway. We plan on simply a landscape feature here. And, we added a full fence feature separating us from her property as well. So, we've tried our best to meet with everyone. If you compare to the people that showed up at the Hickman application, I think we've done a real good job. I think we've tried really hard. So, if you could grant us this second access way we would certainly like it. It is existing, and we think, in this case, it makes sense. But I'm happy to answer any questions that the Commission might have. Barry Knight: Thank you. Ms. Wood, for clarification, we don't have any other speakers on this do we? Dorothy Wood: No. Mr. Nutter did such a good job he is the only speaker. Barry Knight: Okay. We will open it up for questions for Mr. Nutter. Mr. Bernas. Jay Bernas: You mention that when you initially started the design staff had already mentioned to you that they would only allow one access? Item #18 AGC Acquisition, L.L.c. Page 4 R.J. Nutter: I would say that staff has noted that traffic engineering department said they wanted one access way. Jay Bernas: So, did you develop an alternate layout with one access? Because I think that if you did have one access, it might change some of your layout, or site flow, or did you just do it for two accesses? R.J. Nutter: We would have to, and to be honest with you, we felt that this is the best way to do the second access way. The one access way we had would be the best location. The one they are objecting to, as I understand it, is this one. I think they want this one eliminated and not this one, as I understand the staff s recommendation. So, this one is essential to us, and this, we think is very important, but if there is only one granted we would probably modify the land plan. Jay Bernas: It would be in the same location. R.J. Nutter: Yes sir. I believe so. Barry Knight: Is there any other questions? Mr. Livas? Henry Livas: Would you have to do some more modifications internally? R.J. Nutter: Not significant. No sir. It flows much better with the two, but in talking with staff between your earlier session and this one, if the Commission would recommend approval of this application with only one access way, we would go to Council and we might submit a revised site plan to comply with that, but otherwise eliminating that second access way is a scenario that can occur today if you wish it too. We would also asked about a possible deferral. I would tell you that unfortunately our contract requirements are up actually at the end of August, somewhere at the end of July. So, we are in a situation where we don't have the option to defer in this case. Barry Knight: Thank you. Mr. Horsley. Donald Horsley: Mr. Nutter, take your pointer there. Forget about that right now. Tell me how these people get back there. Show me the direction. R.J. Nutter: They would enter here (pointing to PowerPoint), come in to this system here and come up into the property like this. Donald Horsley: So, they don't have to come all down through the commercial? R.J. Nutter: No. It is designed so they go around it like this. In fact, we will be coming back to you probably with a subdivision variance to create a separate lot here. The residential would be a separate one. But, the access way was designed to be ubiquitous like this for the residential people. That is why we wanted this one so badly, so our second point of access for the residential people in this parcel. But, if there is one, this is where it would be. Item #18 AGC Acquisition, L.L.c. Page 5 Barry Knight: Mr. Henley? Al Henley: The first entrance is the one that exists. R.J. Nutter: They both exist now. This is actually the main entrance today into the garden center. Al Henley: If that is approved today, what kind of service? Is that a right in only? R.J. Nutter: This is a right in/right out only. Yes sir. Al Henley: And a right out also? R.J. Nutter: This is a right in/right out. That is what I am saying. There may be the option of a right in only which is certain to damages. But, the way it is submitted right now Mr. Henley is a right in/right out on both roads. There is no median break. So, therefore, there is no chance of cross traffic into the site. Al Henley: Okay. Thank you. R.J. Nutter: Yes sir. Barry Knight: Mr. Crabtree? Eugene Crabtree: Mr. Nutter? You showed going in to one entrance and going to our left and going around. Is there a way around the other way? Is that a circle? Can they come around? Can they come into that entrance and make a left hand turn and come around the back side there? R.J. Nutter: That is a service road. Yes sir. I am going to say it is not possible. Eugene Crabtree: Don't you think that if we have only one entrance that there is going to be a lot of people using that service road as a main thoroughfare to get back to their residential area? R.J. Nutter: I think one entrance here. I think internal traffic circulation between two different uses requires two. Eugene Crabtree: My other question too. We were told this morning that it is not on this application, but there is a design that there be a rather high scale restaurant going in that front part up there to where that front entrance would serve? R.J. Nutter: Yes sir. Eugene Crabtree: If that did go in there, then if you only have one entrance that would make it rather difficult for anyone to get to that establishment with just the one entrance. Item #18 AGe Acquisition, L.L.c. Page 6 Would it be economically feasible for anybody to even build a restaurant there if they only had the one entrance? R.J. Nutter: It certainly diminishes the acceptance of that sight tremendously, as you can imagine. Restaurants are more and more sophisticated where they go and there are a lot of sites available in this area. Eugene Crabtree: The traffic flow, in reality within the unit, would be much better with the two entrances and would prevent maybe use of the service road or prevent a traffic mire with the one entrance going around the other way to get to the residential? Am I not correct? R.J. Nutter: Yes sir. That is our position exactly. That is why we believe two is appropriate in this case. Yes sir. Eugene Crabtree: Thank you. R.J. Nutter: Yes sir. Eugene Crabtree: I do have one other thing. With the discussion with the military and one thing or another, it says that the density must be to the lowest reasonable rate. Is what you have it now, do you consider that the lowest reasonable rate that you can do? R.J. Nutter: Oh, absolutely. In fact, our client reasonably wouldn't agree to the reductions. They had to go and see if the numbers would work. It is a very expensive site. Eugene Crabtree: So, the density now is at the lowest reasonable rate? R.J. Nutter: Yes sir. I would say without any question about that. It would jeopardize the entire project. I would tell you too that we showed staff, even their own applications were approved between 9 and 12 in this area, and they're using the lowest of those numbers. Barry Knight: Mr. Henley has a question. Al Henley: I have a question regarding the landscaping on the southern property side essentially where Mrs. White lives. Most of those trees as you have indicated are trees that are on their property. They are half high canopy trees. That means there is not much vegetation below those. And, of course, the applicant has agreed to install a high, what is the definition of a high fence? R.J. Nutter: To be honest with you, I didn't want to lock us in because we hadn't met with her. So, I'm not sure what that is going to be. We're going to meet with her and find out if that is six or eight, and to be very, very honest with you, in some cases, people Item #18 AGC Acquisition, L.L.c. Page 7 want ten feet but you're only allowed to go to eight. So, that is the problem. We hadn't met with her in the time that was drafted. Al Henley: Okay. Well, along with that consideration, I would like to put in a proffer that they be evergreens, possibly Leyland Cypress or something of that item of vegetation on the applicant's side of the fence. R.J. Nutter: I don't think there is any problem with that. Al Henley: The reason for that is because these units are 55 feet or a little bit more than 55 feet tall so in order to protect those property owners, and as well as aesthetics within the complex, I think would beautify it even more. R.J. Nutter: I understand. And, I am sure that we have no problem with that kind of feature along that line. It will fill the gap, which you are trying to do between the canopy and where those features are. Al Henley: Thank you. Barry Knight: Are there any other questions? Okay. There are no other questions for Mr. Nutter? Eugene Crabtree: I make a motion that we approve it the way it is presented the application. Barry Knight: We have a motion on the floor by Gene Crabtree to approve it as presented and that as presented with two entranceways? Do I have a second to that motion? Mr. Redmond seconds the motion. Okay. We'll open it up back up for discussion. You can sit down if you want to Mr. Nutter? Okay. There is a motion to approve agenda item 18, AGC Acquisition, L.L.C. by Gene Crabtree and a second by Dave Redmond. I'll open it back up for discussion. Mr. Henley. Al Henley: I want to congratulate the applicant. You have done a wonderful job. You have compromised a lot. You, as well as the attorney, Mr. Nutter, knows my strong feelings regarding this other entrance. And, I think I told you at the meeting with you that I wanted that entrance closed, or at least I prefer it to be closed. But, considering all the other things that you have done by lowering the density, and that was a concern of residents, as well as myself. You have compromised on the elevation and you brought that in order with the historical church. I guess I need to compromise. It is a two way street. So, with that in order, I like your application and I will be supporting it. Once again, the reason why I am supporting this other entrance is because you do have plans for upscale restaurant. A comment was made earlier. If it is a good restaurant they're going to find a way to get there. But, also in order that is an existing entrance. There may be some concern with additional traffic when Nimmo Parkway goes in, but I believe with the other parcels when they are developed that this other entrance is going to be needed. So, with that in order and my comments to Mr. Nutter that you are going to be Item #18 AGe Acquisition, L.L.c. Page 8 working with the adjoining owners to properly landscape I will be recommending approval on this. Barry Knight: Mr. Bernas? Jay Bernas: I got a question for staff. Barry Knight: Okay. Who would you like to bring up? Jay Bernas: Probably Rick. Barry Knight: Okay. Short and concise answers. Identify yourself please? Rick Lowman: My name is Rick Lowman, Public Works Traffic Engineering. Jay Bernas: I just have some quick questions. Rick Lowman: Okay. Jay Bernas: Along that corridor, has there already been precedent set where other people have applied and then denied entrances? Rick Lowman: Not that I'm aware of. Jay Bernas: So, no one has even applied? Rick Lowman: No. Not that I'm aware of. Jay Bernas: This is the only one that has one forward? Rick Lowman: I believe so. Jay Bernas: I think maybe the other one is maybe Hickman, but that number went through but you had also opposed an entrance on that side. Rick Lowman: Absolutely. Yes. Jay Bernas: So, this could set a precedent for the other side allowing them to have an entrance on the Hickman property. Rick Lowman: Sure. One of the issues does set precedent, again providing a second access point along a controlled access roadway as called by the Master Transportation Plan and the Comprehensive Plan. So, that is one of the issues there, it does set a precedent. Jay Bernas: That we're breaking our own policy that is stated in the Comprehensive Plan and in other policy documents. Item #18 AGC Acquisition, L.L.c. Page 9 Rick Lowman: Yes sir. Jay Bernas: I haven't been there in a while, but along Newstead, didn't they close off an entrance to that neighborhood? Is it Newstead? There is limited access on there. Rick Lowman: I think I know what you're talking about. I believe the made it a one way street. Jay Bernas: They made it a one-way street. Rick Lowman: I'm not sure how that plays in with this. Jay Bernas: Okay. I didn't know they had anything, but I knew that it was kind... Rick Lowman: I think it was a neighborhood issue, and I wasn't involved with it. It was more the side of Traffic Engineering. It was more of a neighborhood and cut through Issue. Jay Bernas: Okay. Barry Knight: Mr. Horsley. Donald Horsley: Rick, will a right in only make any difference on that entrance? Rick Lowman: Well, you're probably not going to have a lot of right out traffic there from that one entrance. Most of your traffic, especially the commercial traffic, is going to be left out and you obviously can't make a left out of that entrance. Maybe some traffic will come out and make a u-turn at the median opening, but a right in eliminates some ofthe conflicts. Again, it doesn't eliminate all of the conflicts of it. So, if the question is it better then a right in/right out, then yes. However, it is still an issue that the Comprehensive Plan takes up and the Master Transportation Plan takes up. Again, it does set that sort of precedent. Barry Knight: Is there any other discussion? Ms. Anderson? Janice Anderson: Do you look at it any different when you have a ten acre parcel that has two existing entrances rather than adding one? Do you look at it different when you actually close one? Are we looking at closing it because it is unsafe? Since it is already there and has been used there that is a little different, then, I think. Rick Lowman: Well, the land uses are changing. There is certainly going to be a lot more traffic with this purposed use of this site. The one thing is it is a large site. The nursery does, and it is the type of operation where because it is a nursery you grow things there. It is not very dense as it is. Now, we're creating a more dense situation. Again, Nimmo Parkway is going to be taking on a different role in the City. And, like I said, it is a controlled access roadway. It may have good level of service right now and the capacity may be good now, again, like the Comprehensive Plan states that we're trying Item #18 AGC Acquisition, L.L.c. Page 10 to, and one of the goals of transportation, I believe is goal T2-1 support efforts to minimize vehicular access along arterials. We're constantly looking out for this because the next thing you, and I'm not going to say this is going to happen, but the next thing you know it is going to be Virginia Beach Boulevard. We all know what the access looks like out there. I'm not comparing it, but access, if you allow uncontrolled access or multiple access points you tend diminish your capacity of the roadway. Janice Anderson: Right. Rick Lowman: We hate to see that now before we even build this roadway and develop it. Barry Knight: Mr. Redmond has a question. David Redmond: Rick, we had kind of sidebar this morning and I told you then that I'm not a big believer of slippery slope arguments of Virginia Beach Boulevard. I just don't think this has anything to do with this. The reality in my mind is that there is two entrances. The level of service is extremely favorable. I don't see the sky falling if there are two entrances there today. I don't know of anything in Virginia Beach in June for crying out loud, that is busier than garden center. The sky is not falling so, I'm a little uncomfortable with the arbitrary nature that wherever we find two entrances we make them one. Wherever we find three entrances we make them two. I think we are limiting to respond to what you said. I think we are limiting access to this road. We're limiting it to what is there now. We're not providing anymore access to this site. I don't see how we're creating any sort of hardship if some conflict exists there today, we would be racing over there with our alarms blaring and we're not. So, I just have a hard time trying to figure what is so wrong with two access points there. I think this is, all other respects, a terrific looking development. It is will balance in terms of its uses. The applicant, as far as I can tell, has been very, very responsive in terms of the criticism and suggestions that the city staff has recommended. I don't really know that it needs to be fooled with any more than this. Jack apparently disagrees with me. But, so, I'm going to support the motion as well that has been offered with the two access points, which will come as no surpnse. Rick Lowman: Do you want me to respond? David Redmond: Sure. By all means. Rick Lowman: Real quick response. I promise. What this focuses on, again, the sky is not falling. There are really no issues that Traffic Engineering has responded too. Again, it is my job as a traffic engineer working for the Department of Public Works to take a look at things, and work in the best interest of the citizens of Virginia Beach and to protect what is spelled out by Public Works and Planning in the Comprehensive Plan and on the Master Transportation Plan. That Master Transportation Plan is what we worked towards. I mean, we can obviously modify it a little bit. Again, it is called out as a controlled access roadway. I believe that there is no hardship here. The site will work Item #18 AGC Acquisition, L.L.C. Page 1 1 with one entrance. It may not be as convenient, and the sky probably will not fall if we allow two entrances to this, but again, I'm looking out for the interests for the City of Virginia Beach and Public Works Department. David Redmond: And, I respect that. Barry Knight: Are there any other questions for Rick at this time? Thank you Rick. We appreciate it. Ms. Anderson? Janice Anderson: I just want to respond to Rick's comments. I do believe that his job to look 20 years down the road. That is what we need him to do is look 20 years down the road. So, it is really tough between the two, but I would supportive of the city's position to close the first and have the one access because it can work with that. That is my position on that. I like the application. I think they have done a great job with all the changes, like Mr. Henley said, that they made. Barry Knight: Thank you. Mr. Bernas? Jay Bernas: Real quick. When we talk about traffic we talk about safety. I think to sacrifice safety for convenience, I think that is the wrong thing to do. If the Traffic Engineer says that one entrance will work, and the other one could be potentially a safety concern. Also, the aspect of, and we already got all of these policies in place, it is in the Comprehensive Plan and the Master Transportation Plan, and we recently just disapproved an entrance along Princess Anne Road for the same reasons that we have these policies in place, that I wouldn't want to create a precedent. I don't think there is anything that was presented here today that would want not to follow policy in this case. I don't think there was a strong enough argument to me today, that there was a strong enough reason to keep that access open. So, I think the application is great. If I do not support the application, it will just be because of that one entrance. Barry Knight: Is there any other discussion? Mr. Redmond? David Redmond: Just to be clear though, on Princess Anne Road the level of service there was bordering, what was it, D minus. And this is entirely a different traffic situation. It is far less stressed than Princess Anne Road was in that stretch. Henry Livas: I don't think that was existing. Barry Knight: Is there any other discussion? Dorothy Wood: I'll sponsor Mr. Nutter for one minute. One minute Mr. Nutter. I have a meeting at 3:00 o'clock with you Mr. Nutter. R.J. Nutter: With me. I have to get out of here. The two points that I would like to say. This is more of a convenience to us. It really is safety as well. There are residents that are going to be living here. If that entrance is blocked then ambulances and fire that have Item #18 AGC Acquisition, L.L.c. Page 12 to get to residences in this property, we don't have that problem when it is all commercial. So, I will tell you that it is every bit about safety, number one. Number two, I got to be careful on this motion is framed. My sense is that the Commission likes the application. The only debate is if there are two entrances or one. So, I don't want to send City Council a wrong message for those of you, like Jan, who prefer one entrance and not two. So, if I could ask you to consider how this motion is framed right now. I like the motion. It is clearly in our favor. My concern is that I don't want to send Council the wrong message that there is opposition and that you don't recommend approval of the application. The only problem is the access way. I can't make a motion, Mr. Macali so I'm really stuck here. But, I like the Commission to send the right message to Council on this application that I think you're trying to send. Some of you favor two, like me, and some of you do not. I understand that. It's the nature of why we are all here. I would ask for someway to send that message to Council in your process, and I appreciate it. But I reiterate that safety is a very large part of what we are requesting here. Barry Knight: Mr. Nutter. Thank you. We got a couple of options at our disposal if we care to accommodate Mr. Nutter. One, of course, is we can make a substitute motion for the single entrance, or if Commission so desire, if they desire to oppose the motion, they can let us know to put in the verbatim why they would oppose voting for it, because it had two entrance as opposed to one. So, keep that for your thoughts. Ms. Anderson? Janice Anderson: I would like to make a substitute to approve the application with just the one entrance. Barry Knight: A substitute motion made to approve with one entrance. Do I have a second? Mr. Bernas has second it. Okay. Is there any discussion? I will say that as far as our neck of the woods down there with this little stretch of road is, Nimmo Parkway is dead end on each end. And, there is no through traffic now other than that one small section, and all the traffic that is on Princess Anne Road, probably 90 percent of it is going to coming through Ferrell Parkway and Nimmo Parkway through there, so it is going to bring up the level of service. It is going to be about access points. It isn't going to hurt, right now, but where is the straw that breaks the camel back come along. I hear so many people, particularly in this neck of the woods talk about traffic concerns. I like Mr. Nutter's project. I really do. They have done a wonderful job. I really weigh in hard on the two entrances from a safety issue as far as safety within the community, but I think probably overriding on the safety is the traffic, as far as the access there because the level of service on this thing. It is a one mile dead end road right now, but hopefully it is going to be a limited access thoroughfare here shortly. I'm going to be voting in favor of the substitute motion, but I will open it back for any discussion on the substitute motion. Okay. We'll vote on the substitute motion made by Jan Anderson and seconded by Jay Bernas. Is that substitute motion with the recommendation to have the evergreens andythe Leyland cypress on the southern end of the border? Janice Anderson: Yes. Item #18 AGC Acquisition, L.L.c. Page 13 Barry Knight Do you concur with that Jay? If there is no other discussion, I'll call for the vote on the substitute motion which is for the one entrance only. AYE 3 NAY 7 ABSO ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE NAY HENLEY NAY HORSLEY NAY KA TSIAS NAY KNIGHT AYE LIVAS NAY REDMOND NAY STRANGE ABSENT WOOD NAY Ed Weeden: By a vote of 3- 7, the substitute motion for one entrance has failed. Barry Knight: Okay. The substitute motion fails to carry. We will now vote on the original motion which was made by Gene Crabtree and seconded by Dave Redmond, which is the two entrances, and also stated with the evergreens and the Leyland cypress on the southern border. I'll call for the question. Ed Weeden: This was for two entrances? Barry Knight This is for two entrances. Ed Weeden: With the original two people? Barry Knight: Yes. It was Gene Crabtree and Dave Redmond with two entrances and with the evergreens and Leyland cypress on the southern border. AYE 8 NAY 2 ABSO ANDERSON NAY BERNAS NAY CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REMOND AYE STRANGE WOOD AYE ABSENT 1 ABSENT Item #18 AGC Acquisition, L.L.c. Page 14 Ed Weeden: By a vote of 8-2, the application of AGC Acquisition, L.L.C. has been approved with two entrances. Barry Knight: Ms. Secretary? Are there any more items to be heard? Dorothy Wood: No sir. That is it. Barry Knight: The meeting is adjourned. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6638 DATE: October 12,2007 TO: Leslie L. Lilley f ... ; B. Kay WiISO~V DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application: AGe Acquisition, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 23, 2007. I have reviewed the subject proffer agreement, dated May 25,2007 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure ;g:;.~~-~alb1eenHassej]J Prepared by Troutman Sanders LLP AGREEMENT THIS AGREEMENT is made this 25th day of May, 2007, by and between AGC ACOUISITION. LLC, a Virginia limited liability company, hereinafter ("AGC"), and BOOTH FERRELL ASSOCIATES, a Virginia general partnership, hereinafter ("Booth"), which collectively may be referred to herein as ("Grantors"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter ("Grantee"). WIT N E SSE T H: WHEREAS, AGC is the contract purchaser of a parcel located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 10.28 more or less, which parcel is currently owned by Booth, which property is more particularly described in the exhibit labeled Exhibit A attached to this Agreement (the "Property"); and WHEREAS, the Property is presently zoned AG-2 and is subject to the terms of the zoning ordinance of the City of Virginia Beach; and WHEREAS, AGC intends to develop, operate, and use the Property in a manner more restrictive than contemplated by the current zoning of the Property, and AGe has initiated an amendment of the Zoning Map by petition addressed to the Grantee, so as to change the classification of the Property from AG-2 to Conditional B-4 with the covenants, restrictions and conditions of this Agreement; WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and GPINs: 2414-16-1683-0000 WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to pennit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-4 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the existing B-4 zoning district by the existing City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the physical development, operation and use of the Property, to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, 2 that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the said 'Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The development of the Property shall be in substantial conformance with the site plan titled "Atlantic Gardens", last revised May 10, 2007, as modified with respect to the residential portion by that site plan titled "AG.C. Apartments Site Plan" dated May 12, 2007, prepared by Jeff Love and Associates, which plans have been exhibited to the City Council and are on file in the Planning Department of the City of Virginia Beach (collectively, the "Site Plan"). 2. The buildings constructed on the Property shall be constructed in substantial conformance with the building elevations titled "Atlantic Gardens Center Proposed Retail 3 Center" and "'Atlantic Garden Center' Apartments Proposed Elevation" dated May 10, 2007, prepared by Jeff Love and Associates, which elevations have been exhibited to the City Council and are on file in the Planning Department of the City of Virginia Beach (COllectively, the "Building Elevations"). 3. The number of residential units developed on the Property shall not exceed ninety-nine (99) units, in compliance with the recommendation of the City of Virginia Beach Planning staff. 4. No gas station or convenience store shall be located on the Property. 5. The Grantors shall install and maintain a solid privacy fence, constructed of materials of the Grantors' choosing, along the southern boundary of the Property immediately adjacent to the neighboring parcel identified by GPIN 2414-06-8108. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy pemtits as may be appropriate; (3) if 4 aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. This Agreement may be signed in one or more counterparts which, upon execution by all the parties, shall constitute a single agreement. [Separate Signature Page Follows] 5 IN WI1NESS WHEREOF, the foregoing Agreement is executed by the parties as of the date first written above. COMMONWEAL TH OF VIRGINIA COUNT~OF v....... '~:: ~"-\-+ AGC ACQUISITION, LLC, a VirJimi!ed liability company By: .J..J~fJ.p. -1.\ Je.j2.i...1 w\~A.:-\11 ~ ~ P. - ~ V\.,. w- ~ J t..L(." - w1A-.J~eL , to-wit: The foregoing instrument was acknowledged before me this "'2. '5'"~ay of Y'{l." ..., 2007, by ~~.... R.., f"r,.. m".~~.. .....,- , in his capacity as v'?~~""O"L"+ of AGC Acquisition, LLC, a Virginia limited liability company, on its behalf, and that he is personally known to me or produced as identification. ~ '7-. J~I....-J~ - N P bl' \\11\111,4"/111, otary U IC "",~,p.. E, W'l ""'" " ..." .......... ~o " ~ ^r..' '.~. ~ ~ v..' ......f\y P,. "':11' ~ ~ . ~r v~. " .....0 ~... ~ = . '....... - = :~ MY (1: :: ~ 8 ~ COMMISSION j 1 ~ : ~ ". EXPIRES : .... E % ~'.....3/31/2oo9 ....!'l BOOTH FERRELL ASSOCIATES, ~',~~i~'i;:H"O~~"'$' a Virginia general partnership , /1"'/1,,1\\\11\\ (\ (: ~ . By: ~. ,,4{' ~, , <.. Q Q i, My Commission Expires: 1rY\".r>... "-....... COMMON~TH OF VIRGINIA COUNTYe:!:XJOF v, ~ t'J , 4/; ... b ~A",4o-wit: The foregoing instrument was acknowledged before me this "2$" day of ry).. '-l 2007, by -s-""'.... L'\ ~. c.. <L. c......,........ '-- , in his capacity as~ '-9:::;::. ~ _ of Booth Ferrell Associates, a Virginia general partnership, on its behalf, and that he is personally known to me or produced "'."." ~ ~ ' , '- ,~ "-~". as identifi'p ~ ~ .? J..:..... f ~III""II ~ . .......--~"" - Notary Public ,....'" t-~~..:.......:S'Q"'~ SQ... p..Y Pu. ....~ ~ My Commission Expires: "" ~ ~~~ "> " "L 0 0 ~ f .i~"t' ~~\ \ :: :~ MY (1: = ~ g ~ COMMISSION j ~ ~ s ~ \ EXPIRES ....(5 g ~ ~O"" 3/31/2009 ..,~.f ~ ~.'" ....~ ~ '" or"", ........... ~ " ;r""" ~AL TH <;""", "",,,, II \1\ III 6 Exhibit A ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being a portion of the land shown on that certain plat entitled, "Subdivision of Property, Charles C. Hickman, et ux: which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 88, at page 45 and being more particularly described as follows: BEGINNING at a point at the eastern right-of-way line of Oceana Boulevard at the southeastern intersection of Oceana Boulevard and the Proposed Indian River - Courthouse Road as shown on said plat, thence South 18 degrees 04' West 169.42 feet, more or less, along the eastern right-of- way line of Oceana Boulevard to a pin, which pin is in the northwesterly corner of Lot C as shown on said plat; thence South 71 degrees 56' East 261.97 feet along the northern side lot line of Lot C as shown on said plat to a pin; thence South 18 degrees 04' West 412.44 feet along the eastern side lot lines of Lots A, B and C as shown on said plat to a pin in the southeastern corner of Lot A as shown on said plat; thence South 52 degrees 30' East 570.10 feet, more or less, to the center line of a ditch as shown on said plat, said ditch dividing the property of the grantor herein conveyed and the property now or formerly owned by Woodrow White located on the eastern side of the property of the grantor herein conveyed; thence along the center line of said ditch North 25 degrees 50' East 961.05 feet, more or less, to a point in the southern right-of-way line of the Proposed Indian River - Courthouse Road and thence along a curve to the left of the southern right-of-way line of the Proposed Indian River - Courthouse Road, said curve having a radius of 3,764.72 feet and an arc distance of 832.89 feet to a point; thence South 87 degrees 46' West 3.13 feet to the point of beginning. LESS AND EXCEPT those certain parcels described and designated as "0.507 AC. TO CONVEYED TO LOT 'c'" and "0.459 AC. TO BE CONVEYED TO LOT 'B'" as shown on that certain plat entitled "Subdivision of Property of Charles C. Hickman, et ux, DB 482, P. 21, MB 25, P. 70, MB 88, P. 45, Princess Anne Borough, Virginia Beach, Va." which said plat is duly recorded in the Clerk's Office aforesaid in Map Book 146 at page 44. ALSO LESS AND EXCEPT that certain piece or parcel of land designated and described as "Take Area = 7,413.290 sq. ft." as shown on that certain plat entitled "Plat of Parcel 060, General Booth Blvd., Property of Charles C. Hickman and heirs of Ruth S. Hickman, deceased", which said plat is recorded in the Clerk's Office aforesaid in Map Book 166 at page 18 and which piece or parcel was conveyed to the City of Virginia Beach, Virginia, by deed of Charles Carlton Hickman, widower, dated May 11, 1983, and recorded in the Clerk's Office aforesaid in Deed Book 2259, at page 1541. IT BEING the same property conveyed to Booth Ferrell Associates, a Virginia general partnership by deed from Nimmo Land Company, a Virginia general partnership, dated May 9, 1991 and recorded May 10, 1991 in the Clerk's Office of the Circuit Court of the City of Virginia 8 Beach, Virginia in Deed Book 2985 at page 1924. Deed of Correction dated June 19,2006 and recorded June 22, 2006 as Instrument No. 20060622000946700. 328993v4 9 P-I (I] A~'" I)" A -I Conditional Zoning Change from AC-2 to R-7 5 with a PD-H2 Planned Unit Development Overlay ~~~ ....s-....~~&. :~..~"Jr'. .....~ (',3. . ~~, r-:: ,. \U (u... . . .>, (~'\~ ;;1 " '" ~. iij ~+:~~:i ....~~.::.:,...' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: a) Application of Coral Development, L.L.C. for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations on property located at the northwest intersection of Atwoodtown Road and Sandbridge Road (GPINs 2413898033; 2413889744; 2413996091; 2413897501; 2413998154). DISTRICT 7- PRINCESS ANNE. b) Application of Coral Development, LLC for a Chanae of Zonina District Classification from AG-2 Agricultural District to Conditional R-15 Residential District with a PD-H2 Planned Unit Development District Overlay on property located at 1628 Sandbridge Road, Parcel B Sandbridge Road, 2741, 2753 and 2797 Atwoodtown Road (GPINs 2413898033; 2413889744; 2413996091; 2413897501; 2413998154). DISTRICT 7 - PRINCESS ANNE. MEETING DATE: October 23,2007 . Background: The applicant proposes to rezone the existing Agricultural Districts to Conditional R-15 Residential District with a PD-H2 Planned Unit Development District Overlay, and develop the site with 27 single-family lots. The lots will range in size from 10,124 square feet to 17,371 square feet. The proposed density will be 1.63 units per acre. There will be 4.26 acres of open space area in the proposed subdivision. The applicant also requests a variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations. The variance request is to allow fill within the floodplain to accommodate the proposed roadway and to fill and pipe an existing ditch which traverses the property from Sandbridge Road to Atwoodtown Road. . Considerations: The Planning Commission approved these applications with the understanding that the applicant would revise the proposed plan to reduce the number of lots such that the impact to the floodplain is limited to the roadway. The revisions to the plan, however, are not yet complete. The applicant is, therefore, requesting a deferral of the requests. . Recommendations: Based on the need of the applicant to revise the plan as directed by the Planning Commission, these applications must be deferred. Coral Development, L.L.C. Page 2 of 2 . Attachments: Location Map Recommended Action: Deferral to November 13 City Council meeting. City Manager: ~~ CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No, DF-6425 DATE: October 8, 2007 FROM: Leslie L. Lilley ~ v:~""0 B. Kay Wilso~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application: Coral Development, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 23, 2007. I have reviewed the subject proffer agreement, dated October 13, 2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen Document Prepared By Troutman Sanders LLP AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 13th day of October, 2006, by and between CORAL DEVELOPMENT. LLC, a Virginia limited liability company (hereinafter referred to as the "Grantor"), the current Owner of that certain property located in the City of Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WIT N E SSE T H: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from AG-2 to Conditional R-15 with a PD-H2 overlay; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional R-15 with a PD- H2 overlay are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing R-15 and PD-H2 zoning districts by the existing City's Zoning Ordinance (CZO) , the fOllowing reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, GPIN NOS. 2413-89-8033; 2413-88-9744; 2413-99-6091; 2413-89-7501 and 2413-99-8154 that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for its~lf, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Grantor shall develop the Property in substantial conformity with the concept plan prepared by Burgess & Niple, dated December 5, 2005, and titled "Concept Plan _ 28 Lots for Ashby's Bridge, Sandbridge Road and Atwoodtown Road, Virginia Beach, Virginia" (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. When developed, all residential lots as shown on the Concept Plan shall meet or exceed the following setbacks and lot dimensions: (a) Front Yard Setback: Twenty-Five Feet (25') (b) Side Yard Setback: Ten Feet (10') (c) Rear Yard Setback: Twenty Feet (20') (d) Minimum Lot Width at Setback: Seventy Feet (70') 3. All residential dwellings on the Property shall be constructed in substantial conformity with the following architectural guidelines: (a) All visible exterior surfaces of the residential dwellings, excluding roofs, porches, windows, doors, trim and soffits, shall consist primarily of all or any combination of brick, stone, wood, stucco, Hardiplank, cedar shake or similar quality materials. (b) All fireplace flues, smoke stacks, and spark arrestors shall be completely enclosed and concealed from public view in finished chimneys of materials architecturally compatible with the principal finish material of the exterior walls of the residential dwelling. 2 foundation. (c) All residential dwellings shall be constructed with a "crawl space" type 4. A sign located at the entrance of the development shall be a monument sign, constructed using materials consistent with those used for the residential dwelling units. The height of the sign shall not exceed eight (8) feet in height. 5. On or before the date the first building permit within the development is issued, Grantor shall record a declaration of protective covenants, conditions and restrictions (a "Declaration"), to be administered and enforced by a homeowners' association (an "Association"). All landowners within the development shall be members of the Association, and the Declaration shall run with the land and become a part of the deed to each lot or parcel within the development. The Declaration shall be approved by the City Attorney, or his designee, prior to recordation. 6. The Declaration shall provide that all areas designated as "Open Space" on the Concept Plan shall be maintained by the Association, and the maintenance obligations with respect to Open Space shall remain in full force and effect for a minimum of fifty (50) years. 7. The eight (8) foot wide gravel bike and pedestrian path shown on the Concept Plan shall be a part of the Open Space maintained by the Association and shall remain open for use by the general public. Remaining areas of the Open Space may, at the option of the Association, be closed to the general public. 8. Grantor shall file and obtain approval of a rezoning petition to rezone the Open Space Area to P-l Preservation District, as defined in the CZO, prior to the date the first building permit in Grantor's development is issued. 9. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor Covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if 3 aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. (Remainder of Page Left Intentionally Blank; Separate Signature Page Follows] 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: CORAL DEVELOPMENT, LLC, a Virginia limited liability company By: .__..,'" ..L:. .: <//_/?, /-~.,C/ .t-', L./ .-, ~- Gale Levine Higgs, Manager By: ~'"'......_.....,......._._- ~," ''-. Scott E. Higgs, Manage COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: tJi The foregoing instrument was Sworn to and acknowledged before me this II? day of i)..Lh.i ^--' ,2006, by Gale Levine Higgs and Scott E. Higgs, in their capacity as Managers of Coral Development, LLC, a Virginia limited liability company, on behalf of the company. '--he ~~ ""___. Notary Public My Commission Expires: ~ <5/, 2t.207 301315.5 5 EXHIBIT A LEGAL DESCRIPTION Parcell: (GPIN No. 2413-99-6091-0000) ALL THAT certain tract, piece or parcel of land, situate, lying and being in Princess Anne Borough of the City of Virginia Beach, Virginia as shown on the plat entitled, "SURVEY OF P ART OF PROPERTY OF HORACE M. BRINSON & VIRGINIA D. BRINSON, VIRGINIA BEACH, V A", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 942, at Page 94; said parcel containing one (1) acre, and more particularly described as follows: BEGINNING at a point on Atwood Town Road, which point is 854.42' east of the intersection of said Atwood Town Road and Sandbridge Road, and running thence N 120 30' W 262.18 feet to a point; thence N 770 30' E 138.58 feet to a pin; thence S 110 49' E 277.07 feet to the Atwood Town Road; thence along said road S 88022' 30" 78.70 feet; thence continuing along said road S 77030' W 58 feet to the point of beginning. Parcel 2: (GPIN No. 2413-89-7501-0000) All that certain piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, and is designated as "7.625 AC." on that certain plat entitled "PHYSICAL SURVEY OF 7.625 ACRE PARCEL PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA FOR WILLIAM F. & NAOMI G. BLOODWORTH", made by C. A. Bamforth, Surveyor, dated July 20, 1966, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1216, page 543, and in accordance with said plat said property is more particularly described as follows: BEGINNING at a point on the northern side of Atwood Town Road at the dividing line of the property of Y. E. Brinson as shown on said plat, running thence North 11049' West 277.07 feet to a point; thence North 590 57' 40" West 568.60 feet to a point; thence South 240 06' 30" West 376.15 feet to a point; thence North 450 45' 30" West 385.66 feet to a point; thence North 360 14' 50" East 431.38 feet to a point; thence South 590 57' 40" East 1196.64 feet to a point in the northern side of Atwood Town Road; thence along the said northern side of Atwood Town Road, South 220 59' 30" West 77.32 feet to a point; thence South 350 10' 30" West 60.98 feet to a point; thence South 480 03' West 97.93 feet to a point; thence South 64033' West 82.69 feet to a point; thence South 85005' West 100.06 feet to a point of beginning. 6 Parcel3: (GP1N No. 2413-99-8154-0000) All that certain piece or parcel of land, situated in Princess Anne Borough, City of Virginia Beach, Virginia, and being shown and designated as "4.00 AC." on a "Survey of Property, Parcel 'B', Property of Pat W. Atwood, etc.", which is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 111, at page 32, and in accordance with said plat being more particularly described as follows: BEG1NNING at a point on the northeastern side of Sandbridge Road in the dividing line of the property hereby conveyed and the property now or formerly owned by Allen Lester, and from said point of beginning running along the northeastern side of Sandbridge Road, North 200 11' West 35.91 feet to a point; th~nce running North 280 08' West 75.00 feet to a point; thence running North 31037' 34" West 71.90 feet to a point; thence running North 350 54' West 80.00 feet to a point; thence running North 360 58' West 68.43 feet to a point; thence running around a curve to the left with a radius of 785.0 feet, an arc distance of 98.53 feet to a point; thence running North 290 46' 29" West 92.21 feet to a pin; thence turning and running North 460 20' 49" East 397.87 feet to a pin; thence turning and running South 380 06' 33" East 331.00 feet to a pin; thence turning and running South 250 34' 15" West 506.64 feet to the point of beginning. PARCELS 1,2 AND 3 BEING the same property conveyed by Deed dated March 8,2006 from Gale M. Levine to Coral Development, LLC, a Virginia limited liability company, which was recorded as Instrument Number 20060526000803570 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. Parcel 4: (GP1N No. 2413-89-8033-0000) ALL THAT certain plat or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being shown on that certain plat entitled "PROPERTY OF ALLEN LESTER", which plat is duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 23, at Page 87, and being more particularly bounded and described as follows: BEGINNING at a pin in the eastern line of Sandbridge Road (formerly Sigma Road), which point is located North 70 10' West 372.6 feet from a pin in the center line of a road leading to Atwood Town; and from said point of beginning running North 80 11' West along the eastern side of said Sandbridge Road (formerly Sigma Road) 254.1 feet to a point in the southern line of a lane known as "Jones Lane"; thence North 340 22' East along the southern side of said lane 66.2 feet to a pipe in the center line of a lead ditch; thence South 490 10' East along the center line of said lead ditch 276.2 feet to a point; thence South 590 09' West along the center line of another ditch 244.8 feet to the point of beginning. 7 ParcelS: (GPIN No. 2413-88-9744-0000) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, located in the City of Virginia Beach, Virginia, as shown on a survey entitled, "SURVEY OF PROPERTY OF JOSEPHINE M. BEECHAM, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE: 1" = 60' DATED THE 11TH DAY OF JULY, 1980," made by Bruce B. Gallup, Certified Land Surveyor, consisting 3.65 acres, which said survey is recorded in Deed Book 2033, at Page 354, and being more particularly described as follows: BEGINNING at a pin in the pavement at the intersection at the northern line of Atwoodtown Road and Sandbridge Road, thence North 30 degrees 36 minutes 45" West, 358.38 feet to a pin in the center of a small ditch; thence along the center line of said ditch, North 60 degrees 22' 15" East 244.80 feet to a point; thence South 43 degrees 14' 9" East, 512.6 feet along the centerline of lead ditch to a pin in the Northern line of Atwoodtown Road; thence along the Northern Line of Atwoodtown Road, South 78 degrees 59' 55" West, 551.48 feet to the point of beginning. PARCELS 4 AND 5 BEING the same property conveyed by Deed dated March 8, 2006 from Scott E. Higgs and Gale M. Levine to Coral Development, LLC, a Virginia limited liability company, which was recorded as Instrument Number 20060526000803580 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. 8 Map L-22 M~p Not to Sc~]e ~ j\l B D", Gl 'l> r~~~ ;...!'z..............~?,. ..d't~l..P ~E: .. '" \~ (U;' . . ->, ",:-.-::::- ::f i::~~~~f.t ~~~~~04J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: In the matter of closing, vacating and discontinuing a portion of that certain street known as Grimstead Road as shown on that certain plat entitled "PLAT SHOWING PROPOSED STREET CLOSURE ADJOINING PROPERTY OF JOSEPH W. FREEMAN, JR. D. B.1761, P. 4322, M.B. 172, P. 85, VIRGINIA BEACH, VIRGINIA". DISTRICT 7 - PRINCESS ANNE. MEETING DATE: October 23,2007 . Background: Application of Joseph W. Freeman, Jr. for the discontinuance, closure and abandonment of a portion of Grimstead Road beginning at a point approximately 800 feet south of Back Bay Landing Road and continuing in a southeasterly direction to its terminus. . Considerations: The applicant requests closure a portion of Grimstead Road to incorporate it into the surrounding property (GPIN(s): 2318-70-5588, 2318-72-5115 & 2318-72- 7730). This portion of Grimstead Road was originally dedicated in April 1947 so a school bus could access the property. No residential structure is presently located on the property on either side of the road, and the properties adjacent to the road are enrolled in the Agriculture Reserve Program. The road is presently used as an illegal dumpsite to dump trash and for underage drinking and related activities. Closing the road would allow the applicant to restrict access to the property and abate the nuisance which presently exists as a result of the road being a public right-of-way. The Viewers met on July 18, 2007 and determined there is no public inconvenience from the closure and abandonment of this right-of-way, subject to the conditions listed below. The Planning Commission placed this item on the consent agenda because the closure will allow access to the property to be controlled, the Viewers concluded that the closure will not result in any public inconvenience, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: Joseph W. Freeman, Jr. Page 2 of 2 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. A cul-de-sac or other City approved turn-around configuration suitable for trash collection and emergency service vehicles must be constructed by the applicant at the new end of Grimstead Road public right-of-way. In addition, a right-of-way dedication will be required to accommodate the cul-de-sac. 5. A final plat shall be approved and recorded identifying and ensuring legal access is provided to all lots east of the portion of Grimstead Road to be closed. All lots shall have direct access to a public right-of-way or an easement allowing access to site. Lots may be consolidated in order to ensure legal access is provided. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Depart nt/Agency: Planning Department Discontinuance. closure and abandonment, of a portion of Grimstead Road. beginning at a point approximately 800-feet south of Back Bay Landing Road intersection and continuing in a southeasterly direction to its terminus. Mllp ~22 M,:lp No.. to') Sc~le- JOSEPH W. FREEMAN, JR. Agenda Item 6 September 12, 2007 Public Hearing Staff Planner: Leslie Bonilla REQUEST: ADDRESS I DESCRIPTION: Property beginning at a point approximately 800 feet south of Back Bay Landing Road intersection with Grimstead Road and continuing in a southeasterly direction to its terminus. COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 42,471 square feet SUMMARY OF REQUEST The applicant requests closure a portion of Grimstead Road to incorporate it into the surrounding property (GPIN(s): 2318-70-5588. 2318-72-5115 & 2318-72-7730). This portion of Grimstead Road was originally dedicated in April 1947 so a school bus could access the property. No residential structure is presently located on the property on either side of the road and the properties adjacent to the road are enrolled in the Agriculture Reserve Program. The road is presently used as an illegal dumpsite to dump trash and for underage drinking and related activities. Closing the road would allow the applicant to restrict access to the property and abate the nuisance which presently exists as a result of the road being a public right-of-way. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Unpaved road. SURROUNDING LAND North: . Agricultural land I AG-2 Agricultural District JOSEPH W. FREEMAN, JR. Agenda Item 6 Page 1 USE AND ZONING: South: East: West: · Agricultural land / AG-2 Agricultural District · Agricultural land / AG-2 Agricultural District · Single-family dwellings / AG-2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The site does not have any known significant historical, cultural, or environmental features. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES PUBLIC WORKS (TRAFFIC ENGINEERING): As a condition of the closure of this portion of Grimstead Road, a cul-de-sac or other approved turn around configuration suitable for trash collection and emergency service vehicles must be constructed by the applicant at the new end of Grimstead Road public right-of-way. In addition, a right-of-way dedication will be required to accommodate the cul-de-sac. WATER AND SEWER: There are no objections from Public Utilities regarding the proposed street closure. PRIVATE UTILITIES: The primary comments from private utility companies indicate that there are no private utilities within the area proposed for closure; therefore, there are no objections to the proposed street closure. CITY ATTORNEY: The description for the 18-foot lane, which appears to include a part of Grimstead Road, does not mention or reference Grimstead Road. However, several plats show that the 18-foot right-of- way overlaps a portion of Grimstead Road, Likewise, the description for Grimstead Road does not mention or reference the lane, Grimstead Road can be closed as long as it is understood that a portion of it is still a lane and can be used as such (and that access to the lane would not be denied). The 18-foot lane appears to be a private lane that leads back to property located east of the Freeman property. The western portion of Grimstead Road (where the 18-foot lane overlaps) also abuts the Salmons property, so if Grimstead Road is closed in its entirety, one-half of the road would go to the Salmons and one-half to the Freeman's, unless another arrangement is agreed to by those parties. JOSEPH W. FREEMAN, JR. Agenda Item 6 Page 2 EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Evaluation: Contingent that adjacent landowners have no need for the street access, as indicated in the application, and considering the location of the proposed street closure in the midst of Agricultural Reserve Program property, the existing land use does not warrant the need for the street to remain opened. It is recommended that the applicant address safety concerns by not only restricting access to the roadway as described in the application, but also by re-grading the existing roadway into a more natural state to blend in with the agricultural lot. The Viewers met on July 18, 2007 and determined there is no public inconvenience from the closure and abandonment of this right-of-way, subject to the conditions listed below, CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels, The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. A cul-de-sac or other City approved turn-around configuration suitable for trash collection and emergency service vehicles must be constructed by the applicant at the new end of Grimstead Road public right-of-way. In addition, a right-of-way dedication will be required to accommodate the cul-de- sac. 5. A final plat shall be approved and recorded identifying and ensuring legal access is provided to all lots east of the portion of Grimstead Road to be closed. All lots shall have direct access to a public right- of-way or an easement allowing access to site. Lots may be consolidated in order to ensure legal access is provided. JOSEPH W. FREEMAN, JR. Agenda Item 6 Page 3 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void, 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. JOSEPH W. FREEMAN, JR. Agenda Item 6 Page 4 AERIAL OF SITE LOCATION JOSEPH W. FREEMAN,JR. Agenda Item 6 ppge 5 < li!;;:~ fl;~~~; , ~ BQ ----:.~~_.-- ;g:-~i W~i i::;'" ~ ~. '" ~ ~ '" U '" 0, ~. >- '" to " ~ '" 4~ iii2 .. '"'.' , "'z. <( ~ :: 2l111iil!1 r~ "'- rP o(~j! tt~r ~~ ~ SURVEY OF AREA TO BE CLOSED JOSEPH W. FREEMAN,JR. Agenda Itern 6 Rage 6 Map L-22 Mop Not to ScoJe ~ N B ... '" ... 110 No zoning activity has occurred in the recent past. u'" o ZONING HISTORY JOSEPH W. FREEMAN, JR. Agenda Item 6 Page 7 NOI.LV311ddV ffilIlS013 .LRffil.LS L~ In: I. ;~I 'ILlJ. I, :E: " Ii UJ i! .; t- ,I oct ,i Hi III ,: LlJ 0:1 :J .1 III II ,01 .'" -1 :1 i U ~ ! III ' I~ JJ_ ~~t .~ ~g ~ Z; :J'":' .;;; ~ '- ,,/'; :-; I... .~ ~& (J) ~:S ~ ~!i! 53 ~ ~ r-:; ~ill ~ ~~::? o ~~.~ Eg~~__ o '(;j ::: c c:- o :;J'-:'C=::: n: <WI ~~ ~ -~ ji: :.:::., . ::: := ~ 6 ~ oJ:::. ::::' 3~~~ ,- .y JI ~-H ~ ~ :5 ~H ,~~ E = ,,~u: jg~ {': :-. ~ ~'5 2- :: ::: , 3 f~~ il Iii : t- I z. LlJ ~ LlJ t- oct t- (/'J 1IJ 0: :J (/'J o ..J U (/'J o [ C p oJ> .i-, C':,; ~ ~; ~, ,:... :...... ;.. ~ . ~. JO ~ '. ~ o ~ >-8 ~~ on ~ ~ c::~ c.:~ g~ r: '> ~ ~ 7i ~~ '2 .~ "2 ;.";~ ... o ~ ~ ~ i5 it c ~ f:R Ii -f ;; a; c.; <.:3 ~ " .::. - .:. ~ ~ ~. ~ , - :: ~ ~ -- C:" ": r~ --- - - - '7':~' ..~ ::..: ; ; ? ~ fi,S l,~ ~ ;, J ~ .~ ,~. .:;. ';1 8~Z H~~Hlt r _ .~. S: . -~ ~: ~:. ~ 2: ~ H~:~~ ;: :: :~ 5: :.: '; 'wm mIll :: - ;) ~, '. :~:: ~; z -': Q, ., ~ - - .,., . -:: : u i:: ;:: lr ~ ii ji or, p " ':;:: E ] ~~ or. -~ ~ ;,s ... ~~ [So .. ~j 'J':_ iJ 2 .~ ;:-;r. ~j ..... i~ J ~ 14 - '\.. \ " '"\.: I !~ !.? i r~ ~ - J ~," ~ c: ': c j '" i" ~ c ~ ~, ~ c. ~ ~ f,_' : ; ~.., C3 !!! l~ (; 55~ r: (/j~.= ~~ o c.'"", -J c; E v; ~~-fc2 C;';::; ?;d)C ~ ,;!~~] ==~i_$~ rum c: 0 :i .:; tt. .>. ' ~~~~ ~ :>.. c; ::: __ ::: ~:; ~., J ~ f~ j ~;~.... ~ c. ~ ~ or. t ~ w ~. cr ~' :;) ~ " C1Jf 0'" - Ifill ~E -- ~;l!i ~~ !~ ...., 9- ~ ~ :Jl ::: v i;l! :=-.., '. ;: v ; ~= ~ ~ t t"J '" ... - o ~ ~E' '" ~ " c: " c ~ - as 9 0. .: C = 0.= ~ ; .2 ~ i:) :n " ~ c c.. " t 5- "5 ~. ~ Co " .w ~ v Z E' 0>- } C , p' - ;r. ~ ~ ~1 o - :>: - ~::. :r J: ;.." >- - ::;; == NOILVJI1ddV ffiH1S01J L3:31ILS DISCLOSURE STATEMENT JOSEPH W. FREEMAN, JR. Agenda Item 6 Page 8 Item #6 Joseph W. Freeman, Jr. Discontinuance, closure and abandomnent of a portion of Grimstead Road District 7 Princess Anne September 12, 2007 CONSENT Janice Anderson: The next item is agenda item 6. This is the application of Joseph W. Freeman, Jr., for the discontinuance, closure and abandomnent of a portion of Grimstead Road. This is approximately 800 feet south of Back Bay Landing Road in the Princess Anne District. Welcome. Richard Whitmore: Good afternoon Commissioner Anderson. Ladies and gentlemen of the Planning Commission, I'm Richard Whitmore, a local attorney appearing on the behalf Joseph W. Freeman, Jr., the applicant. Janice Anderson: Mr. Whitmore this comes with six conditions, and I believe number 6 was modified at our infonnal? Richard Whitmore: Yes ma'am. They are fully acceptable with Mr. Freeman, the applicant. I just wanted to make sure that you had the modified number 6. Janice Anderson: Yes. We did. Richard Whitmore: We were aware of that, and we agree to that. Janice Anderson: Thank you very much. Barry Knight: Joe. We are glad to see you here today. Don and I are glad to see another farmer in the crowd. After about 30 or 40 years, I guess you're getting tired of picking up trash on the end of this lane? Joseph Freeman: You got it. Janice Anderson: Is there any objection to this application being placed on the consent agenda? I see none. The Chainnan has asked Al Henley to review this application. Al Henley: Thank you. This portion of Grimstead Road is located approximately 800 feet south of Back Bay Landing Road. The applicant requests closure of a portion of Grimstead Road to incorporate it into the surrounding property. This portion of Grimstead Road was originally dedicated in April 1947 so a school bus could access the property- No residential structure is presently located on the property on either side of the road, and the properties adjacent to the road are enrolled in the Agriculture Reserve Item #6 Joseph W. Freeman, Jr. Page 2 Program. The road is presently used as an illegal dumpsite to dump trash and for underage drinking and related activities. Closing the road would allow the applicant to restrict access to the property and abate the nuisance which presently exists as a result of the road being a public right-of-way. Staff recommends approval of this request. Therefore, the Planning Commission recommends that this item be placed on the consent agenda with the attached list of conditions. Thank you very much. Janice Anderson: Thank you. Mr. Chairman, I would like to make a motion to approve the following agenda item 6. Barry Knight: There is a motion on the floor by Ian Anderson and seconded by Gene Crabtree to approve agenda item 6. I'll call for the question. AYE 11 NAY 0 ARSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: Bya vote of 11-0, the Board has approved item 6 for consent. 1 IN THE MATTER OF CLOSING, VACATING AND 2 DISCONTINUING A PORTION OF THAT CERTAIN 3 STREET KNOWN AS GRIMSTEAD ROAD AS 4 SHOWN ON THAT CERTAIN PLAT ENTITLED 5 "PLAT SHOWING PROPOSED STREET CLOSURE 6 ADJOINING PROPERTY OF JOSEPH W. 7 FREEMAN, JR. D. B. 1761, P. 4322, M.B. 172, P. 85, 8 VIRGINIA BEACH, VIRGINIA". 9 10 11 WHEREAS, JOSEPH W. FREEMAN applied to the Council of the City of 12 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, 13 and vacated; and 14 15 WHEREAS, it is the judgment of the Council that said street be 16 discontinued, closed, and vacated, subject to certain conditions having been met on or 17 before one (1) year from City Council's adoption of this Ordinance; 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 20 Virginia Beach, Virginia: 21 22 SECTION I 23 24 That the hereinafter described street be discontinued, closed and vacated, 25 subject to certain conditions being met on or before one (1) year from City Council's 26 adoption of this ordinance: 27 28 All that certain piece or parcel of land situate, lying and being 29 in the City of Virginia Beach, Virginia, designated and 30 described as "ROAD TO BE CLOSED, 42,486 Sq. Ft. 31 10.975 ac." shown as the cross-hatched area on that certain 32 plat entitled: "PLAT SHOWING PROPOSED STREET 33 CLOSURE ADJOINING PROPERTY OF JOSEPH W. .34 FREEMAN, JR. D.B. 1761, P. 432, M.B. 172, P. 85" Scale: 35 1" =200', dated February 20, 2003, prepared by Gallup 36 Surveyors & Engineers, LTD., a copy of which is attached 37 hereto as Exhibit A. 38 GPIN: 2318-70-5588,2318-72-5115 and 2318-72-7730 39 SECTION II 40 41 The following conditions must be met on or before one (1) year from City 42 Council's adoption of this ordinance: 43 44 1. The City Attorney's Office will make the final detennination regarding 45 ownership of the underlying fee. The purchase price to be paid to the City shall be 46 determined according to the "Policy Regarding Purchase of City's Interest in Streets 47 Pursuant to Street Closures," approved by City Council. Copies of said policy are 48 available in the Planning Department. 49 50 2. The applicant shall resubdivide the property and vacate internal lot 51 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat 52 shall be submitted and approved for recordation prior to final street closure approval. 53 54 3. The applicant shall verify that no private utilities exist within the right-of- 55 way proposed for closure. Preliminary comments from the utility companies indicate 56 that there are no private utilities within the right-of-way proposed for closure. If private 57 utilities do exist, the applicant shall provide easements satisfactory to the utility 58 companies. 59 60 4. A cul-de-sac or other City approved turn-around configuration suitable 61 for trash collection ad emergency service vehicles must be constructed by the applicant 62 at the new end of Grimstead Road public right-of-way. In addition, a right-of-way 63 dedication will be required to accommodate the cul-de-sac. 64 65 5. A final plat shall be approved and recorded identifying and ensuring 66 legal access is provided to all lots east of the portion of Grimstead Road to be closed. 67 All lots shll have direct access to a public right-of-way or an easement allowing access 68 to site. Lots may be consolidated in order to ensure legal access is provided. 69 70 6. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 77 SECTION III 78 79 1. If the preceding conditions are not fulfilled on or before October 22, 80 2008, this Ordinance will be deemed null and void without further action by the City 81 Council. 82 2 83 2. If all conditions are met on or before October 22, 2008, the date of 84 final closure is the date the street closure ordinance is recorded by the City Attorney. 85 86 3. In the event the City of Virginia Beach has any interest in the 87 underlying fee, the City Manager or his designee is authorized to execute whatever 88 documents, if any, that may be requested to convey such interest, provided said 89 documents are approved by the City Attorney's Office. 90 91 SECTION IV 92 93 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 94 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 95 OF VIRGINIA BEACH as "Grantor" and JOSEPH W. FREEMAN as "Grantee." 96 97 Adopted by the Council of the City of Virginia Beach, Virginia, on this 98 day of ' 2007. 99 100 101 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF 102 ALL COUNCIL MEMBERS ELECTED TO COUNCIL. 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APPOINTMENTS HISTORIC SITES ORGANIZING COMMITTEE OPEN SPACE ADVISORY COMMISSION 1 2 3 4 5 6 7 A RESOLUTION TO ESTABLISH AN ORGANIZING COMMITTEE TO ADVISE THE CITY COUNCIL CONCERNING THE CREATION AND ORGANIZATION OF A BOARD AND/OR A FOUNDATION TO ASSIST THE CITY IN PRESERVING HISTORIC SITES AND TO PROVIDE SUPPORT AND GUIDANCE TO THE CITY IN ITS OPERATION OF HISTORIC PROPERTIES 8 WHEREAS, the City council desires to provide greater 9 awareness and preservation of its historic sites; 10 WHEREAS, the City, through the Department of Museums [ 11 operates certain historic properties; and 12 WHEREAS, the City Council desires to create a committee of 13 knowledgeable citizens to review the possibility of establishing 14 a non-profit board and/or foundation to assist and advise the 15 City in its historic preservation efforts and in the efficient 16 administration[ coordination and planning of its historic 17 properties. 18 NOW [ THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA THAT: 20 1. There is hereby created an organizing committee to 21 provide guidance to the City Council regarding a proposal to 22 create a board and/or a foundation (i) to assist and advise the 23 City in its historic preservation efforts and (ii) to advise [ 24 support and guide the Department of Museums in the efficient 25 administration[ coordination and planning of its historic 26 properties. 27 2. The committee shall be known as the Historic Sites 28 Organizing Committee, and shall have not less than five (5) nor 29 more than seven (7) members, all of whom are to be appointed by 30 City Council. 31 3. The Committee shall be responsible for advising City 32 Council as to all issues pertinent to the creation and operation 33 of a non-profit board and/or foundation to assist and advise the 34 City in its historic preservation efforts and in the 35 administration, coordination and planning of the historic 36 properties operated by the Department of Museums. 37 The Committee will prepare a purpose statement and by-laws 38 for the proposed board and/or foundation and will further make 39 recommendations to the City Council concerning appropriate 40 amendments to existing ordinances concerning the City's historic 41 si tes . 42 In preparing its recommendation, the Committee shall a) 43 review and give consideration to the Stumpf Report, b) recognize 44 that it is the City Council's intention that the City shall 45 remain in control of all City-operated historic properties, and 46 c) recognize that it is the City Council's intention that the 47 Friends groups, which have been organized to support the City- 48 operated historic properties, shall remain in place, and all 49 funds raised by each Friends group shall be preserved for such 50 uses as were intended when the funds were raised. 51 The Committee will report its recommendation to the City 52 Council concerning the structure of the proposed board and/or 53 foundation, together with all other matters for which it has 54 been tasked, no later than November 14, 2006. 55 4. This resolution and the Committee created hereby shall 56 expire and terminate operation on January 31, 2007. 57 Adopted by the City Council of the City of Virginia Beach, 58 virginia, on this -.ill.b day of Sept:emher , 2006. - 2 - CITY COUNCIL'S BRIEFING HISTORIC SITES ORGANIZING COMMITTEE 1:00 P.M ITEM # 56249 Robert G, Jones. Member - Historic Sites Organizing Committee, advised City Council. on September 12, 2006, ADOPTED: Resolution to ESTABLISH the Historic Sites Organizing Committee re the creation andformation of a Foundation to assist in the support of City-owned "historic sites ", The Committee was to report to City Council by November 14, 2006. The Committee first met on October 16, 2006, and since then has been meeting every Monday. Mr. Jones cited the task of the Historic Site Organizing Committee: The Committee shall be responsible for advising City Council as to all issues pertinent to the creation and operation of a non-profit Board and/or Foundation to assist and advise the City in its historic preservation efforts and in the administration. coordination and planning of the historic properties operated by the Department of Museums. The Committee will prepare a purpose statement and by-laws for the proposed Board and/or Foundation and will further make recommendations to the City Council concerning appropriate amendments to existing ordinances concerning the City's historic sites. In preparing its recommendation. the Committees shall (a) review and give consideration to the Stumpf Report. (b) recognize that it is the City Council's intention that the City shall remain in control of all City- operated historic properties and (c) recognize that it is the City Council's intention that the Friends groups. which have been organized to support the City-operated historic properties. shall remain in place, and all funds raised by each Friends s group shall be preserved for such issues as were intended when the funds were raised During their deliberations, the Committee concluded the scope of these issues was tremendous and the best approach would be to plan for the governance of the historic sites separately from the planning for the broader historic preservation efforts. The committee addressed the Department of Museums operated sites first and is providing information concerning the recommendation for a private non-profit Foundation. The Committee will advise during a future City Council Session the broader historic and preservation efforts. Mr, Jones distributed copies of the Virginia Beach Historic Sites Foundation By-Laws and an organizational chart. Said information is hereby made a part of the record The Virginia Beach Historic Sites Foundation will be a non-profit corporation under 501(c)(3) of the Internal Revenue Code. The Virginia Beach Historic Sites Foundation would interface with the City through the office of Mark Reed, Historic Resources Coordinator, , / April 3, 2007 - 3 - CITY COUNCIL'S BRIEFING HISTORIC SITES ORGANIZING COMMITTEE ITEM # 56249 (Continued) The purpose of the Foundation is to assist and advise the City in its historic preservation efforts and to advise, support and guide the Department of Museums in the administration, coordination and planning for their benefit and enjoyment by the public. the City operated historic ,ite,; the Adam Thraughgood House circa 1719, the Lynnhaven House circa 1725 and the Francis Land House circa 1805 -1810. The Foundation shall consist of a Board of not less than fifteen (15) nor more than thirty (30) Trustees, The number may be increased or decreased within these parameters by the board. The Foundation shall hold regular meetings at least once per quarter. Officers shall be elected at the .first meeting of the calendar year. The officers of the Foundation shall consist of a President, one or more Vice Presidents, Secretary and Treasurer, Each Officer shall serve for a two year term and may not serve for more than three (3) consecutive terms. The officers of the Foundation and Committee Chairs shall constitute the Executive Committee, The Immediate Past President shall serve ex-officio on the Executive Committee. The Executive Committee shall prepare the agenda for the Foundation meetings. The Executive Committee shall meet on a regular basis, at least bi-monthly. Additional meetings may be called by any two (2) members of the Executive Committee. Committees shall be established by the Foundation and shall include Collections. Finance. Fundraising, Marketing and Public Relations, Nominating and Recruitment and Sites Committees. The President shall appoint Foundation members to serve as Committee Chairs. Committees shall work in harmony with City's Museum staff and shall be guided by the rules of the Foundation. Mr. Jones expressed appreciation for the opportunity to confer with Council Ladies McClanan and Wilson concerning the basic proposal and their comments which will be incorporated into the document. The Organizing Committee shall appoint the Foundation members The City Attorney shall develop a Memorandum of Understanding between the Foundation and the City. Hopefully the Coordinator of Historic Resources will be the Ex-officio member of this Foundation. The Foundation would not be a .financial burden on the City, but would.finance its existence throughfundraising. Section 2-5 of the City Code would probably be deleted as it refers to Friends of the Francis Land and Thoroughgood House. Mr. Jones introduced the Historic Sites Organizing Committee members in attendance: Robert Coffey Vicki Harvey Johnnie Miller Marjorie B. Smallie Barbara Vaughan Lynn Clements _ Director of Museums, Joanne Moore - City Manager's Office, Facilitators have been in attendance at meetings offering support, Mr, Jones cited the accomplishments of an outstanding City employee, Mark Reed. Council Members McClanan and Wilson are pleased to serve as City Council Liaisons and expressed appreciation to the Committee. April 3, 2007 -4- CITY COUNCIL'S BRIEFING HISTORIC SITES ORGANIZING COMMITTEE ITEM # 56249 (Continued) Mr. Jones advised Council Lady Henley the focus. at the present time, is just the City operated historic sites; the Adam Throughgood House circa 1719, the Lynnhaven House circa 1725 and the Francis Land House circa 1805 - 1810. Much broader overall historic preservation efforts will be addressed in the future. Council Lady Henley expressed concern as the name: Historic Sites Organizing Committee implies a much broader scope of historic sites. The Historic Sites Organizing Committee shall proceed with the selection of the Foundation members, April 3, 2007 M. UNFINISHED BUSINESS N. NEW BUSINESS o. ADJOURNMENT CITY COUNCIL'S JANUARY 2008 SCHEDULE January 8, 2008 Briefing, Informal, Formal, Planning, Open Dialogue January 15,2008 Location to be Announced -7:15 pm SwrmwarerPMnsandFunmng January 22, 2006 Briefing, Informal, Formal, Planning, ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 10/23/075t www.vbgov.com CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACrrONS V 0 I DATE: October 9, 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 BRIEFINGS: A, SANDLER CENTER MANAGEMENT Emily Spruill, AGREEMENT Director - Cultural Affairs Patricia Phillips, Director - Finance B. CELL TOWERS WilliamJ. Whitney, Director - Planning Stephen J. White, Planning Evaluation Coordinator C. NOISE ORDINANCE Mark Stiles, Deputy City Attornev II! III, IV,V E CERTIFICATION OF CLOSED SESSION F-I MINUTES - Oct. 2,2007 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/ PUBLIC COMMENT H-l I Soh STREET PIER - proposed Franchise No speakers I! Resolution re Operating Agreement for ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y J-l Performing Arts to AUTHORIZE the CONSENT documents with SANDLER CENTER 2 Resolution requesting City's local General ADOPTED BY 9-2 N Y Y Y Y N Y Y Y Y Y Assembly Delegation sponsor/support legislation CONSENT that will realize goals/objectives in 2008 Community Legislative Agenda [deferred September I I. 20071 3 Ordinance to GRANT a FRANCHISE to ADOPTED BY 10-0 Y Y Y Y Y Y Y Y Y A Y ENTERTAINMENT,INC. for City property at CONSENT B Oceanfront/15oh Street V A Beach Fishing Pier S T A I N E D 4 Ordinance to AUTHORIZE Commonwealth's ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Attorney to ACCEPT additional positions from CONSENT State Comp Board; APPROPRIATE $327,330 State revenuelTRANSFER $145,212 from General Fund CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: October 9, 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 K-I Variance to 9 4.4(b) of Subdivision Ord that all APPROVED 8-3 Y Y Y Y N Y Y Y Y N N lots meet CZO for PYONG TU CHO at 1212 North Inlynnview Road. DISTRICT 5 _ LYNNHAVEN 2 CH&B ASSOCIATES, L.LP. re conceDtual APPROVED/ 10-1 Y Y Y N Y Y Y Y Y Y Y Site Plan consistent with existing commercial CONDITIONED designation at Princess Anne Road/South Plaza BY CONSENT Trail [approved by City Council on September 9, 20031, DISTRICT 2 - KEMPSVILLE 3 COLLEGE PARK, L.L.C. Modification of MODIFIED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y Proffers re parking spaces/"carport "/ PROFFERED maintenance structure at 6226 Providence Road [approved January 23,2007]. DISTRICT 1- CENTERVILLE 4 ST. MICHAEL LUTHERAN CHURCH MODIFIED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Conditions to enclose existing CONDITIONED storage/picnic shelter at 2208 Princess Anne BY CONSENT Road [approved April 25, 1988]. DISTRICT 7- PRINCESS ANNE 5 VICTORIOUS LIVING CHURCH CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y church at 2180 McComas Way, Suite 113, CONDITIONED DISTRICT 7 - PRINCESS ANNE BY CONSENT 6 WILLIE DONALD MARTIN, JR. CUP re DEFERRED 9-0 Y A Y Y Y Y Y Y Y Y A auto repair garage at I 128 Barrs Road. INDEFINITELY/ B DISTRICT 4 - BA YSIDE CITY MGR TO S WORK WITH T APPLICANT RE A RELOCATION I AND/OR N PROPERTY E EXCHANGE D 7 RAPPAHANNOCK SPORTS, L.L.C. CUP re DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y indoor recreation facility at Holland INDEFINITELY Road/Warwick Drive. DISTRICT 6 - BEACH BY CONSENT 8 CINGULAR WIRELESS CUP re DEFERRED 45 11-0 Y Y Y Y Y Y Y Y Y Y y communication tower/antennas/equipment DAYS TO NOV. building at 4021 Charity Neck Road, 27, 2007 BY DISTRICT 7 - PRINCESS ANNE CONSENT 9 GREG SMITH CUP re home occupation APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y y (making and selling glass bead pendants in CONDITIONED garage) at 594 Van Buren Court. BY CONSENT DISTRICT 3 - ROSE HALL 10 MA THEWS GREEN ASSOCIATES, L.L.c. APPROVED/ 10-0 Y Y Y Y A Y Y Y Y Y Y COZ from R-20 with PD-H2 Overlay to P-I at TYPE OF B 2217 Mathews Green [approved with Proffers EMERGENCY S August 22, 2oo6J DISTRICT 7 - PRINCESS GATE TO BE T ANNE. DETERMINED A BY FIRE AND I PLANNING N E D CITY OF VIRGINIA BEACH SUMMARY OFCOUNCU ACnONS V 0 I DATE: October 9, 2007 M B L D C E L E D H C R A W PAGE: 3 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 II KOT ARIDES DEVELOPERS C02 from B-2 APPROVED AS 10-1 Y Y Y Y Y N Y Y Y Y Y to Conditional A-24 re rental apartments at 920 PROFFERED BY South Military Highway, CONSENT DISTRiCT 1 - CENTER VILLE L APPOINTMENTS' WORKFORCE HOUSING ADVISORY 1 year- BOARD 10/0112007 - 09/3012008 Gerrie West, Architect MINI ADJOURNMENT 7:51 PM 0 CITYWIDE TOWN MEETINGS January 15, 2008 Virginia Beach Convention Center -7:15 pm FY 2008-2010 Budget Location to be Announced - 7:15 pm Stormwater Plans and Funding October 16, 2007