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AUGUST 26, 2008 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL i MAYOR MEYERA E. OBERNDORF, At-Large V;CE MAYOR LOUIS R. JONES, Baystde - Dislrtct 4 ftiLLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - Distrtct 2 ROBERT M. DYER.. Centerville - Distrtct I BARBARA M. HENLEY, Prmcess Anne Distrtct 7 REBA S. McCLANAN, Rose Hall - Dislrtct 3 JOHN E. UHRIN, Beach - Distrtct 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -Dlslrtct 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY A7TORNEY - LESLIE L. LILLEY CITY ASSESSOR - JERALD BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC 26 AUGUST 2008 L CITY COUNCIL'S BRIEFING -Conference Room - A. COMMUNITY LEGISLATIVE AGENDA Draft Robert Matthias, Assistant to the City Manager n. CITY MANAGER'S BRIEFING CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE-(757) 385-4303 FAX (757) 385-5669 E-MAIL.Ctycncl@vbgov.com 1:30 PM A. VML "GO GREEN" CHALLENGE Clay Bernick, Coordinator, Environmental Management Center - Planning m. COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:00 PM VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Jim Blanchard Pastor, Rivers of Living Waters 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 August 12,2008 G. MAYOR'S PRESENTATION 1. VIRGINIA BEACH 911 REACCREDITATION Craig Hartley, Deputy Executive Director Commission on Accreditation for Law Enforcement Agencies H. AGENDA FOR FORMAL SESSION I. PUBLIC HEARING 1. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easement-3380 Indian Creek Road 1. CONSENT AGENDA K. ORDINANCESIRESOLUTION 1. Ordinance to REDUCE City Departments' FY 2008-09 Operating Budgets by 1.25% and EST ABLISH a Reserve re fuel/energy increases and tax relief for the elderly and disabled. 2. Resolution to ESTABLISH Mid-Atlantic Regional Ambulance, Inc. and AUTHORIZE an annual EMS permit re private ambulance service. 3. Ordinances to ACCEPT and APPROPRIATE: a. a Grant from the Virginia Wireless E-911 Services Board re a Telecommunicator Job Task Analysis. b. a monetary donation from SCG International, LLC re ultrasonic weapons cleaning equipment for the Police. 4. Ordinance to TRANSFER funds to the Virginia Aquarium- Phase II, re Seal holding pools. L. PLANNING 1. Petition of BRUCE AND ELIZABETH HEDLUND for a Variance to the Subdivision Ordinance re subdividing their property for an additional family home at 5711 Lancelot Drive. DISTRICT 2 - KEMPSVILLE APPLICANTS REQUEST WITHDRA W AL 2. Application of DANNY COLLIER for a Conditional Use Permit re automotive sales, service and storage at 1605 Pleasure House Road. DISTRICT 4 - BA YSIDE RECOMMENDATION APPRO V AL 3. Application of CYPRESS CREEK, L.L.C. for a Conditional Use Permit re a riding academy, horses for hire or board and commercial kennel at 1628 Mill Landing Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of the BUDDHIST EDUCATION CENTER OF AMERICA, INC. for a Modification ofConditlOns to extend compliance re a religious facility (approved by City Council on August 28,2007) at 4177 West Neck Road DISTRICT 7 - PRINCESS ANNE Staff RECOMMENDATION Planning Commission RECOMMENDATION APPROV AL DENIAL 5. Application ofLEONILO O. GLORIA for a Modification ofConditlOn No.5 re a sign for the senior and disabled housing (approved by City Council on February 22,2005) at 1236 Kempsville Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROV AL 6. Applications of the City of Virginia Beach: a. Ordinance to AMEND Section 108 of the City Zoning Ordinance (CZO) re posting of signs giving notice of certain zoning applications. RECOMMENDATION APPROV AL b. Ordinance to AMEND the City Zoning Ordinance (CZO) regulations pertaining to communication towers and building-mounted antennas, (deferred by City Council on July 8, 2008). RECOMMENDATION APPROV AL c. Ordinance to AMEND Appendix F - Chesapeake Bay Preservation Area Ordinance, re inclusion of water surface area of a swimming pool in the calculation of impervious cover. Staff RECOMMENDA TION Planning Commission RECOMMENDATION DENIAL APPROV AL M. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS COMMISSION COMMUNITY MEDICAL ADVISORY COMMISSION DEVELOPMENT AUTHORITY HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION P ARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMITTEE I I ,I N. UNFINISHED BUSINESS O. NEW BUSINESS 1. SCHEDULE re City Council Sessions of November 4 and 11,2008 P. ADJOURNMENT Comprehensive Plan Open Houses September 15,2008 Tallwood Elementary School DIstrict # 1 - Centerville 7:00 - 9:00 PM September 18, 2008 FaIrfield Elementary School DistrIct #2 - Kempsville 7:00 - 9:00 PM September 22, 2008 Red Mill Elementary School DistrIct #7 - PrIncess Anne 7:00 - 9:00 PM September 29, 2008 Creeds Elementary DistrIct #7 - Princess Anne 7:00 - 9:00 PM October 2, 2008 Landstown High School DistrIct #7 - PrIncess Anne 7:00 - 9:00 PM October 6, 2008 Bow Creek Recreation Center DistrIct #3 - Rose Hall 7:00 - 9:00 PM DIstrIct #6 - Beach October 9,2008 WhIte Oaks Elementary DIstrIct #3 - Rose Hall 7:00 - 9:00 PM School October 13, 2008 ConventIon Center DIstrIct #6 - Beach 7:00 - 9:00 PM October 16, 2008 AssocIation for Research & DIstrIct #5 - Lynnhaven 7:00 - 9:00 PM En I ightenment DIstrIct #6 - Beach October 20, 2008 PrIncess Anne High School DIstrIct #4 Bayslde 7:00 - 9:00 PM DIstrIct #5 - Lynnhaven October 23, 2008 Bayslde RecreatIOn Center District #4 Bayslde 7:00 - 9:00 PM District #5 - Lvnnhaven October 27,2008 Cox High School District #5 - Lynnhaven 7:00 - 9:00 PM Agenda 8/26/08 afb www.vbgov.com ******** If you are physically disabled or visually impaired and need assIstance at thIs meetmg, please call the CITY CLERK'S OFFICE at 385-4303 *********** I I I i I I. CITY COUNCIL'S BRIEFING -Conference Room - 1 :30 PM A. COMMUNITY LEGISLATIVE AGENDA Draft Robert Matthias, Assistant to the City Manager II. CITY MANAGER'S BRIEFING A. VML "GO GREEN" CHALLENGE Clay Bernick, Coordinator, Environmental Management Center - Planning III. COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 3:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I I I VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Jim Blanchard Pastor, Rivers ofUving Waters 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 August 12, 2008 .tsnlutintt CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The VirgInia Beach City Council convened mto CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to WhICh this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. I ! I G. MAYOR'S PRESENTATION 1. VIRGINIA BEACH 911 REACCREDITATION Craig Hartley, Deputy Executive Director Commission on Accreditation for Law Enforcement Agencies , , I H. AGENDA FOR FORMAL SESSION I. PUBLIC HEARING 1. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land PreservatIOn (ARP) Easement-3380 Indian Creek Road NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice IS hereby given that the City Council of the City of Virginia Beach, Virginta, will hold a Public Hearing with respect to the execution and delivery of an Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to land located at 3380 Indian Creek Road, In the City of Virginta Beach, Virginia, pursuant to Ordinance No. 95-2319, as amended, known as the Agricultural Lands Preservation Ordinance, whIch establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources. (d) reduce and defer the need for major mfrastructure Improvements and the expenditure of public funds for such Improvements, and (e) assist In shaping the character, direction and timing of community development. Such easement will be purchased pursuant to an Installmer,t Purchase Agreement for an estimated maximum purchase price of $1,224,346.00. The City's obligation to pay the purchase price under the Installment Purchase Agreement IS a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be Irrevocably pledged to the punctual payment of the purchase price and the Interes on the unpaId principal balance of the purchase price at and when the same respectively become due and payable. The Public Hearing, which may be continued o( adjourned, will be held by the City Council on August 26. 2008, at 6:00 p.m. In the City Council Chamber locatea on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, VirginIa. Any person Interested In this matter may appear and be heard. Ruth Hodges Fraser, MMC City Clerk Beacon Aug. 10 & 17, 2008 19113766 I, I I J. CONSENT AGENDA K. ORDINANCESIRESOLUTION 1. Ordinance to REDUCE City Departments' FY 2008-09 Operating Budgets by 1.25% and ESTABLISH a Reserve re fuel/energy increases and tax relief for the elderly and disabled. 2. Resolution to ESTABLISH Mid-Atlantic Regional Ambulance, Inc. and AUTHORIZE an annual EMS permit re private ambulance service. 3. Ordinances to ACCEPT and APPROPRIATE: a. a Grant from the Virginia Wireless E-911 Services Board re a Telecommunicator Job Task Analysis. b. a monetary donation from SCG International, LLC re ultrasonic weapons cleaning equipment for the Police. 4. Ordinance to TRANSFER funds to the Virginia Aquarium- Phase II, re Seal holding pools. , I I ~~.." ~~..... ...:;~% (~ ~; ......;:.,~, ..f:f . .. r~' ((~i~ ..". ;:>,~ ,,,,~,,,,.,. l';,} ... \.... ,1;,) l~4~~".! ~:Y ~~.:.....tJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Reduce Departments' FY 2008-09 Operating Budgets to Establish a Dedicated Reserve for Fuel/Energy Increases and Tax Relief for the Elderly/Disabled MEETING DATE: August 26, 2008 . Background: Despite increasing the budgeted amounts for fuel and utility costs and taking definitive steps to reduce consumption, the FY 2008-09 Operating Budget IS anticipated to have a shortfall related to the Increases In fuel, natural gas and electncity In addition, the continued decline in the economy has spurred a significant Increase In the number of applications to the Tax Relied for the Elderly and Disabled Program. This Increase IS not believed to be entirely attributable to changing the thresholds, but rather represents an Increase In applications from citizens who were previously eligible but did not apply The estimated shortfall related to these two Issues IS anticipated to be about $7.5 million. In order to ensure that the City can meet these obligations, the City Manager has requested that departments develop plans to reduce spending by 1.25% of their total budgets. In addition, the City has set a goal of reducing energy consumption by 5%. . Considerations: Reducing departmental spending by 1.25% will enable the City to establish dedicated reserves for fuel/energy Increases and Tax Relief for the Elderly and Disabled totaling approximately $7.5 million. Funding will be distributed to departments relative to their fuel and energy needs. These amounts were determined based on projections for the fiscal year; however, the volatile nature of these costs necessitates some flexibility In making adjustments within this reallocation to best address service needs. . Public Information: The public will be Informed through the normal agenda process. . Alternatives: Other options, such as extending the hiring freeze and applYing a higher percentage reduction to only operating accounts were considered; however, the departments Indicated that the 1.25% department reduction proVides the greatest flexibility for absorbing the reductions. . Attachments: Ordinance Recommended Action: Approval ~ Submitting Department/Agency: Department of Management Service ~ CityManage~ L.~~ 1 AN ORDINANCE TO REDUCE DEPARTMENTS' FY 2008-09 2 OPERATING BUDGETS TO ESTABLISH DEDICATED 3 RESERVES FOR FUEUENERGY INCREASES AND TAX 4 RELIEF FOR THE ELDERL Y/DISABLED 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA. 8 9 1 That the City Manager IS hereby authonzed to reduce FY 2008-09 departmental 10 operating budgets by a maximum of 1.25% to address an anticipated budgetary shortfall 11 related to Increased fuel and energy costs and Increased applications to the Tax Relieffor 12 the Elderly and Disabled Program. 13 2. That these reductions are hereby placed In reserves dedicated to fuel/energy 14 Increases and tax relief. 15 3. That the City Manager IS hereby authonzed to make adjustments within and 16 between departmental operating budgets and to the reserve account to address shortfalls 17 associated with these cost Increases and to mitigate any service Impacts associated with 18 the Implementation of thiS strategy 19 4 That the City Council endorses the City's goal of redUCing total energy 20 consumption by 5%. of Adopted by the Council of the City ofVirgima Beach, Virginia on the 2008. day Approved as to Content: Approved as to Legal SuffiCiency' ~&^ Manag e Services ~ ~~T CA 10845 R-3 August 14, 2008 4~6~ ,0.~~.7?;, l~'1!1" ......:.;t], ,.1;;1 ' \'" (Vi .>', (~.-;~ ii] \:., z:.... It.:''~.. . "1' ...'" ,,~~ ..~f'o~~'f ............ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve Establishment of Mid-Atlantic Regional Ambulance, Inc. Service In Virginia Beach and to Approve an Annual EMS Permit for PrOViding Pnvate Ambulance Services MEETING DATE: August 26,2008 . Background: Code of Virginia Section 15.2-955 requires City Council to approve, by resolution, the establishment of any emergency medical service organization Wishing to operate In the City of Virginia Beach. Further, Code of Virginia Section 32.1-111.14 and City Code Section 10.5-2 reqUire such an organization to obtain an annual permit authorizing its operation. The required annual permit must be granted by City Council. . Considerations: The required application has been processed by the Department of Emergency Medical Services for the operation of a pnvate permitted EMS agency The Department of Emergency Medical Services IS recommending approval of both the establishment and operation of Mid-Atlantic Regional Ambulance, Inc. In Virginia Beach as necessary to assure the provIsion of adequate and continUing emergency services and to preserve protect and promote the public health, safety and general welfare. . Public Information: Public information will be handled through the normal agenda process. Additionally, under the provIsions of Code of Virginia Section 32.1- 111 14, a public heanng must be held pnor to acting upon the resolution. . Recommendations: Approve Resolution. . Attachments: Resolution. ~~~ Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manage~\ ~. ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 A RESOLUTION TO APPROVE ESTABLISHMENT OF MID- ATLANTIC REGIONAL AMBULANCE, INC SERVICE IN VIRGINIA BEACH AND TO APPROVE AN ANNUAL EMS PERMIT FOR PROVIDING PRIVATE AMBULANCE SERVICES WHEREAS, In accordance with Code of Virginia 9 15.2-995, City Council must approve the establishment of an emergency medical service organization In the City of Virginia Beach; and WHEREAS, in accordance with Code of Virginia 9 32.1-111 14 and City Code 9 10.5-2 , any individual or organization that desires to operate an emergency medical services agency or emergency medical services vehicles In Virginia Beach for emergency transport or non-emergency transport purposes must apply for a permit; and WHEREAS, a request for establishment and an application for a permit has been received from Mid-Atlantic Regional Ambulance, Inc.; and WHEREAS, thiS request and application has been recommended for approval by the Virginia Beach Department of Emergency Medical Services; and WHEREAS, City Council finds the approval of thiS request and application IS In the best Interests of the citizens of Virginia Beach as it will assure continued and adequate emergency services and will preserve, protect and promote the public health, safety and general welfare of the citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the request of Mid-Atlantic Regional Ambulance, Inc. for the establishment of its emergency medical service in the City of Virginia Beach, and its application for an annual EMS permit for prOViding pnvate EMS ambulance services In the City of Virginia Beach IS hereby approved and granted, effective Immediately Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day of APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY ~ --..::. ~.r'..I~~e~ Emergency Medical Services CA10814 I R-3 I August 14, 2008 , I I ~.... ~\\.I~Bt1~~ f;;"~Ji~.{!J, ;J'/'7i< . 1><" (Cf ~. \'i.~ ((':i~ ;~.. -;''' '- l'~... <'l"~ 'J>"'{.J I.';:.('~..~.,..J ....;..;~~~y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Virginia Wireless E-911 Services Board Grant for a Telecommunlcator Job Task AnalysIs MEETING DATE: August 26,2008 . Background: The Public Safety Answering POint (PSAP) Grant Program IS administered by the Virginia Wireless E-911 Services Board. This grant, requested through the Wireless E-911 Enhanced Program, allocates $150,000 for recruitment and selection of a diversified workforce In 9-1-1 The purpose of the grant IS to: . Conduct a Job Task AnalysIs for Telecommunlcator I and II positions . Evaluate recruitment, selection, training, performance, and retention Issues and make recommendations . Develop a plan for marketing and recruitment . Considerations: The Department of Communications and Information Technology, In conjunction with the Department of Human Resources and a private firm (to be determined), will prOVide the required support, analysIs and project management. The PSAP Grant Program requires a 20% In-kind match. Based on the total project costs of $150,000, thiS amount IS $30,000. The following City of Virginia Beach services will be used in-kind to meet the 20% match: . Video Production $20,000 TV Advertisement; Public Service Announcements; Radio Announcements; Recruitment Video . Web Promotion $6,000 VBGOV COM . VBTV $4,000 TV Channels 46,47,48 . Public Information: Public Information would be handled through the normal Council Agenda public Information process. . Alternatives: An alternative would be to request a Job Task AnalysIs exclusively utiliZing the Department of Human Resources, but Human Resources would then require additional resources. . Attachments: Ordinance Recommended Action: Approval ofor~~re:Jt- Submitting Department/Agency: Coml City Manager~ k .C:l3~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO ACCEPT A VIRGINIA WIRELESS E-911 SERVICES BOARD GRANT FOR A TELECOMMUNICA TOR JOB TASK ANALYSIS NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That $150,000 IS hereby accepted from the Virginia Wireless E-911 Service Board for a telecommunlcator Job task analysIs and IS appropnated to the Communications and Information Technology Department, with grant revenue Increased accordingly Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day of An affirmative vote from the majority of the members of City Council IS reqUIred. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY' B~Q~ Management Services R~~ City Attorney's Office CA 10844 R-3 August 19, 2008 I, I I .4~... r~~~;~2;, /(;',1':"'1'1;:.. _...,-.~l ttdi .~ .. \i~ (';i~ ;~) \\"'~~ i/l "~'::-~-;,,'''Y -",:,:,~~~~.,J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Donation for the Purchase of UltraSOnic Weapons Cleaning Equipment MEETING DATE: August 26,2008 . Background: SCG International, LLC, has donated $6,776 to the Police Department for the purchase of ultraSOnic weapons cleaning eqUipment for the Department's Firearms Training Unit. SCG International IS a corporation headquartered In Virginia Beach that specializes In risk mitigation, Intelligence support, and training to law enforcement as well as other markets. . Considerations: ThiS eqUipment will allow the Firearms Training Unit to clean weapons In a far more efficient manner, while allOWing for the cleaning of multiple weapons simultaneously In addition, there has been a significant Increase In the replacement of certain parts of some weapons due to an Inability to reach some critically tight spaces dUring cleaning. This equipment will reduce replacement needs by cleaning the weapons more thoroughly . Public Information: Public Information will be provided through the normal City Council agenda process. . Attachments: Ordinance Recommended Action: Approval of ordinance Submitting Department/Agency: Police Department /l u-rY' '"'/0 &tJ. ./ CityManager:~~ k I~~ 1 AN ORDINANCE TO ACCEPT A DONATION FOR THE 2 PURCHASE OF ULTRASONIC WEAPONS CLEANING 3 EQUIPMENT 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA. 6 That $6,776 IS hereby accepted from SCG International, LLC, and appropriated to 7 the Police Department's FY 2008-09 Operating Budget for the purchase of ultraSOnic 8 weapons cleaning equIpment, with estimated revenues increased accordingly Adopted by the Council of the City of Virginia Beach, Virginia on the 2008. day of An affirmative vote from the majority of the members of City Council IS reqUired. Approved as to Content: Approved as to Legal SuffiCiency. ~~ anage ent Services Z'~~ City Attorney's Office CA10841 R-2 August 14, 2008 I, i i ~~.",~.~\ ~- .~ - < <~ \.; ;.. " -.-,' ~~.r- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance for a Transfer to Upgrade Seal Holding Pools at the Virginia Aquarium MEETING DATE: August 26, 2008 . Background: The Virginia Aquarium & Marine Science Center's Harbor Seal Exhibit opened in June 1996. This exhibit, which has a public viewing aquarium as well as holding pools in the non-public area, was designed in compliance with marine mammal care guidelines established by the Animal Welfare Act and regulated by the United States Department of Agriculture (USDA) and the Animal and Plant Health Inspection Service. The Virginia Aquarium is also accredited by the Association of Zoos & Aquariums and the Alliance of Marine Mammal Parks and Aquariums (AMMPA) and therefore must also adhere to animal care guidelines set forth in both of these professional organizations in order to be accredited. AMMPA issued new guidelines in April 2008 for marine mammal holding areas which require larger holding pools than did previous guidelines. The Aquarium needs to upgrade its seal holding area in order to meet current industry care standards for marine mammals. . Considerations: The Aquarium needs $200,000 to upgrade the seal holding pools to meet new industry requirements. The Department's goal is to have this project substantially completed when the accreditation panel conducts its site visit in the coming months. This project can be completed within the scope of CIP # 3-278, "Virginia Aquarium Renewal and Replacement - Phase II." Funding is available in the General Fund Reserve for Contingencies - Regular; the current balance is $1,167,811. . Public Information: The public will be informed through the normal agenda process. . Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgercy: Department of Museums City Manag~ "" ."CG~ 1 AN ORDINANCE FOR A TRANSFER TO UPGRADE SEAL 2 HOLDING POOLS AT THE VIRGINIA AQUARIUM 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA. 5 6 That $200,000 is hereby transferred from the General Fund Reserve for 7 ContingenCies - Regular to CIP # 3-278, "Virginia Aquanum Renewal and Replacement- 8 Phase II" In the FY 2008-09 Capital Budget to complete upgrades to the Seal Holding 9 Pools at the Virginia Aquanum, with revenue from local sources Increased accordingly of Adopted by the Council of the City of Virginia Beach, Virginia on the 2008. day Approved as to Content: Approved as to Legal Sufficiency' ~~~ anage ent S rvlces ~ ~~~ City Attorney's Offic CA 10843 R-2 August 14, 2008 i I I I L. PLANNING 1. Petition of BRUCE AND ELIZABETH HEDLUND for a Vanance to the Subdivision Ordinance re subdividing their property for an additional family home at 5711 Lancelot Drive. DISTRICT 2 - KEMPSVILLE APPLICANTS REQUEST WITHDRA W AL 2. Application of DANNY COLLIER for a Conditional Use Permlf re automotive sales, service and storage at 1605 Pleasure House Road. DISTRICT 4 - BA YSIDE RECOMMENDA TION APPROV AL 3. Application of CYPRESS CREEK, L.L.C. for a ConditlOnal Use Permit re a riding academy, horses for hire or board and commercial kennel at 1628 Mill Landing Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 4. Application of the BUDDHIST EDUCATION CENTER OF AMERICA, INC. for a Modification of Conditions to extend compliance re a religious facility (approved by City Council on August 28,2007) at 4177 West Neck Road DISTRICT 7 - PRINCESS ANNE StaffRECOMMENDA TION Planning Commission RECOMMENDATION APPROV AL DENIAL 5. Application ofLEONILO O. GLORIA for a ModificatlOn of Condition No.5 re a sign for the senior and disabled housing (approved by City Council on February 22, 2005) at 1236 Kempsville Road. DISTRICT 2 - KEMPSVILLE RECOMMENDA TION APPROV AL 6. Applications of the City of Virginia Beach: a. Ordinance to AMEND Section 108 of the City Zoning Ordinance (CZO) re posting of signs giving notice of certain zoning applications. RECOMMENDATION APPROV AL b. Ordinance to AMEND the City Zoning Ordinance (CZO) regulations pertaining to communication towers and building-mounted antennas, (deferred by City Council on July 8, 2008). RECOMMENDA TION APPROV AL c. Ordinance to AMEND Appendix F - Chesapeake Bay Preservation Area Ordinance, re inclusion of water surface area of a swimming pool in the calculation of impervious cover. Staff RECOMMENDA TION Planning Commission RECOMMENDATION DENIAL APPROV AL I, I I NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet In the Chal1llJer at City Hall. Municipal Center, 2401 Courthouse Dnve. Tuesday, August 26, 2008, at 6:00 p.m. The following applications will be heard: DISTRICT 4 - BA YSIDE Danny Collier Application: Conditional Use Permit for automotive sales. service and storage at 1605 Pleasure House Rond (GPII'J 1479247241). CITY OF VIRGINIA BEACH Ordinance to amend Appendix F-Chesapeake Bay Preservation Area Ordinance. Section 106. pertaining to the inclusion of water surface area of a sWimming pool In the calculation of Impervious cover Ordinance to amend Section 108 of the City Zoning. Ordinance by establishing requirements for ttle posting of signs glVtng notice of certam zonmg applications. Ordinance amending City Zoning Ordinance regulations pertalnmg to communication towers and building-mounted antennas. Including definitions. pre-application and application reqUIrements. locational and landscaptng ilnd other requirements. and zonmg distncts where permitted, (Deferred by City Counet! on July 8. 2008.) DISTRICT 2 - KEMPSVILLE Bruce & Elizabeth Hedlund Application: Appeal to DecIsions of Administrative Officers m regard to certain elements of the SubdivIsion Ordinance at 5711 Lancelot Dnve (GPIN 1456972108). AICUZ IS Less than 65. Leonilo O. Glona Application: M9J~jfication ..QLC_onditions for a request approved by City Council on February 22, 2005 (George B. & Edna F Paulmmo) at 1236 Kempsville Road (GPIN 1465491397). AICUZ IS Less than 65. DISTRICT 7 - PRINCESS ANNE Cypress Creek. L.L.C. Application: Conditional Use Permit for a nding academy, horses for hire or boardmg at 1628 Mill Landing Road (GPIN 2410440394). AICUZ IS Less than 65. Cypress Creek, L.L.C. Application: Conditional Use Permit for a commercial kennel at 1628 Mill Landing Road (GPIN 2410440394). Buddlllst Education Center Of Amenca, Inc. Application: ModificatIOn of Conditions for a request approved by City Council on August 28. 2007 (Thanh Cong Doan at 4177 West Neck Road (GPII'J 2402800135). All iIlterested citizens are Invited to attend. Ruth Hodges Fraser. MMC City Clerk Copies of tile proposed ordinances, resolutions and amendments d(e on file and IllLJY be examined In the Departl'lent of Planning or online at httD:/ /www.vbgov.Com/DC For IIlformation call 385-4E21. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon Aug. 10 &. 17 2008 l:=lJ 13671 I, I I .' II SYla:S. ROURDON. AIImN & lM. P.c. The Honorable Meyera E. Oberndort The Honorable Vice Mayor Louis Jones Member of City Council August 20, 2008 Page 2 With best regards, I am ~~~;~~~' i [7'/ C '~ ? R. Edward Bourdon, Jr. REBjr/arhm cc: Mr, & Mrs. Bruce Hedlund Michael E. Perry, MSA, P.C. SubdiVIsion Vanance/Hedlund/OberndorCLtr8.2o.o8 ,/ - ,- ,~. ) '; - '_ j' -\,. ,] E. -- _ :. lIB SYI([S, ROURDON, PllD AII[RN & 1M, P.C. PEMBROKE OFFICE PARK - BUILDING ONE 281 INDEPENDENCE BOULEVARD FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462-2989 ATTORNEYS AND COUNSELORS AT LAW TELEPHONE: 757-499-8971 FACSIMILE: 757-456-5445 August 20, 2008 JON M AHERN R. EDWARD BOURDON, JR. JAMES T. CROMWELL L STEVEN EMMERT JACQUELINE A. FINK DAVID S. HOLLAND KATEY KORSLUND KIRK B. LEVY O. JACKSON MOORE, JR. JENNIFER D. ORAM-SMITH HOWARD R. SYKES, JR. Via Email & Hand Delivery The Honorable Meyera E. Oberndorf The Honorable Vice Mayor Louis Jones Members of City Council c/o Ruth Hodges Fraser, City Clerk Office of the City Clerk City Hall Building #1, Room 281 Municipal Center Virginia Beach, Virginia 23456 , :. J _? Re: Application of Elizabeth & Bruce Hedlund for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance; Proposed 2 Lot SubdiVIsion of 1.8417 Acre Parcel at 5711 Lancelot Dnve, Kempsville District, GPIN #1456-97-2108; City Council public hearing date: August 26, 2008 Dear Madam Mayor, Mr. Vice Mayor and Members of the Virginia Beach City Council: On behalf of Mr. and Mrs. Hedlund I am writing to advise that we will be requesting a withdrawal of the above referenced request for a subdivision variance which is scheduled for public hearing on your August 26, 2008 agenda. The subdivision variance application comes to you with a positive recommendation from your professional staff and unanimous Planning Commission recommendation. Unfortunately, some members of the applicants' community have determined that my clients' efforts to create two large lots (one for each of their two adult children) to be highly objectionable. Consequently, the Hedlunds have decided that it is in their best interest to withdraw this application. The Avalon Terrace Civic League has been notified of this withdrawal in an effort to avoid inconveniencing any residents who may have planned to attend the Council's meeting on August 26, 2008. Thank you in advance for your assistance and cooperation. BRUCE & ELIZABETH HEDLUND o SIJbdivlSlon VilfldnCl' Relevant Information: · Kempsville District · Applicant desires to subdivide the property into two (2) parcels for the development of two (2) single-family home sites. · The existing home on the lot will remain on one of the new parcels. · Applicant will build an additional home on the other lot for his daughter. · Each lot will be four times the size of the required lot area for the R- 10 district. · Subdivision Variance is necessary because the lot frontage does not meet the minimum requirement (57 feet each in lieu of the required 80 feet). Evaluation and Recommendation: · Planning Staff .recommended approval · Planning Commission recommends approval (11-0). · There was opposition. Ii I i I ~eJ~:I"IA~~~~ ft,. '~'7.' ~~ : t !~~ ~" (J ~,~~ ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRUCE & ELIZABETH HEDLUND, Subdivision Variance, 5711 Lancelot Drive, District 2 - Kempsville MEETING DATE: August 26,2008 . Background: The applicant owns an existing lot of 1.84 acres, or 80,228 square feet. The lot IS zoned R-10 Residential District, which requires a minimum lot area of 10,000 square feet. . Considerations: It is the intent of the applicant to subdivide the property into two (2) parcels of 40,114 square feet each. The property currently has an existing single-family home located on the easternmost side. This home will remain on the easternmost of the two created lots. It IS the applicant's desire to construct one additional home for his daughter on the westernmost parcel, once subdivided. The applicant has provided elevation drawings of three homes being considered for the westernmost parcel. The homes are two-story, influenced by Colonial style architecture, with brick and plank siding as the predominant extenor material. The homes will access Lancelot Dnve using the existing driveway It is the applicant's intent to clear only the trees on the site necessary for construction of the new home, which will be situated in the rear of the lot. The two lots are four times the minimum lot size of 10,000 square feet for the R- 10 Residential District. Due to the fact, however, that the existing lot frontage along Lancelot Drive is 114.04 feet, an even division of the property does not meet the required lot frontage of 80 feet for each lot. Instead, each proposed lot is 57.02 feet in width along Lancelot Drive. The authorization of this variance will not be of substantial detnment to adjacent property, and the character of the neighborhood will not be adversely affected. In fact, Staff concludes that of the alternative development scenarios that could occur on this parcel, the applicant's proposal, even though it necessitates a Subdivision Variance for lot width, will have the least impact on the existing character of this mature neighborhood. Division of the existing parcel into multiple lots fronting a cul-de-sac extending from Lancelot Drive would, for example, necessitate the removal of the many mature trees on this parcel, the installation of impervious surface for curbs. gutters. pavement. and dnveways. Bruce & Elizabeth Hedlund Page 2 of 2 and the construction of homes of unknown size and quality Thus, while a variance IS necessary, the proposed division of the parcel into two lots best protects and maintains the character of this neighborhood, as recommended by the Comprehensive Plan for this Primary Residential Area. There was opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following condition: The final plat shall show no more than two (2) parcels, as depicted on the plan entitled, "PRELIMINARY SUBDIVISION OF LOT BC" dated 03/05/0B prepared by Rood Land Surveying, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. . Attachments: Staff Review Disclosure Statement Planmng Commission Minutes Location Map Recommended Action: Staff recommends approval. Planmng CommisSion recommends approval. Submitting Department/Agency: Planmng Department l~,~~ City Manager: II I ,I I Staff Planner' Karen Prochilo BRUCE & ELIZABETH HEDLUND Agenda Item 5 July 9,2008 Public Hearing REQUEST: SubdivIsion Vanance to Section 4.4(b) of the SubdivIsion Ordinance that requires all newly created lots meet all the requirements of the City Zonrng Ordinance. ADDRESS I DESCRIPTION: Property located at 5711 Lancelot Dnve. GPIN: 14569721080000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 1 .8417 acres SUMMARY OF REQUEST Existing Lot: The eXisting lot IS 1 .8417 acres. Proposed Lots: It IS the Intent of the applicant to subdivide the property Into two (2) parcels for the development of two (2) single-family home sites. The property currently has an eXisting single-family home located on the easternmost side. ThiS home will remain. One additional home will be built on the westernmost parcel once subdivided. The proposed home will access the site uSing the dnve for the eXisting home. The two lots far exceed the minimum lot size of 10,000 square feet for the R-10 Residential Distnct. Due to the unusual shape of the lot and the fact that the eXisting lot frontage IS 114.04 feet, an even diVISion of the property does not meet the required lot frontage of 80 feet for each lot. Instead, each proposed lot IS 57.02 feet In Width along Lancelot Dnve. J1em Lot 8C-1 Lot 8C-2 Lot Width In feet 80 57.02* 57.02* Lot Area In SQuare feet 10,000 40,114 40,114 *Vanance required BRUCE & ELIZABETH HEDLUND Agenda Item 5 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling. SURROUNDING LAND USE AND ZONING: North: . Across Lancelot Dnve, single-family dwellings / R-10 Residential Distnct . Single-family dwellings / R-10 Residential Distnct . Single-family dwellings / R-10 Residential Distnct . Single-family dwellings / R-10 Residential Distnct South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: A portion of the property IS located within the Chesapeake Bay Watershed. There are no special restnctions. The lot IS wooded with several mature trees. There are no 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): Lancelot Dnve In the VICinity of this application IS considered a two-lane undiVided local street. There IS a Capital Improvement Program (CIP) project slated In the VICinity of this area. Avalon Avenue - Avalon Woods (CIP 2-035) IS for the construction of safety Improvements along Avalon Avenue from Providence Road to Normandy Avenue. These Improvements Include a sidewalk, roadway widening, and necessary incidental Infrastructure Improvements. The project IS not expected to Impact the subject property. TRAFFIC: Street Name Present I Present Capacity Generated Traffic Volume Lancelot Dnve No eXisting counts are available for this EXisting Land Use ~ - 10 roadway. ADT Proposed Land Use 3 - 20 ADT Average Dally Trips 2 as defined by one Single-family reSidence 3 as defined by two Single-family reSidences The subdiVIsion vanance does not create any adverse Impacts to the eXisting roadway network. WATER: There IS an eXisting a-Inch City water main along Lancelot Dnve. Lot aC-1 must connect to City water Lot aC-2 IS already connected. SEWER: There IS eXisting a-Inch City gravity main along Lancelot Dnve. Lot aC-1 must connect to City sanitary sewer The lots cross between two pump station areas, AnalYSIS of Pump Stations #414, #419 and BRUCE & ELIZABETH HEDLUND Agenda Item 5 Page 2 i, i i the sanitary sewer collection system IS required to ensure future flows can be accommodated. Lot 8C-2 IS already connected. FIRE DEPARTMENT: Fire Department has no comments at this time. VIRGINIA NATURAL GAS: VNG has no eXisting facilities or easements within the property to be subdiVided at thiS location. EVALUATION AND RECOMMENDATION Evaluation: Section 9.3 of the SubdiVIsion Ordinance states: No vanance shall be authonzed by the Council unless it finds that: A. Stnct application of the ordinance would produce undue hardship. B. The authonzation of the vanance will not be of substantial detnment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem Involved IS not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship IS created by the phYSical character of the property, Including dimenSions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property Immediately adjacent thereto. Personal or self- Inflicted hardship shall not be considered as grounds for the Issuance of a vanance. E. The hardship IS created by the requirements of the zOning distnct In which the property IS located at the time the vanance IS authonzed whenever such vanance pertains to prOVIsions of the Zoning Ordinance Incorporated by reference In thiS ordinance. Comprehensive Plan: The Comprehensive Plan recognizes thiS site to be within a Pnmary ReSidential Area. The land use planning poliCies and pnnclples for the Pnmary ReSidential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located In thiS area. The established type, size and relationship of land use In and around thiS neighborhood should serve as a gUide when consldenng future development. Recommendation: Staff recommends approval of thiS request for two (2) Single-family parcels on the 1.8417 acre property. The authonzation of thiS vanance will not be of substantial detnment to adjacent property, and the character of the neighborhood will not be adversely affected. While the property does have suffiCient land area for more than two parcels, the lot frontage reqUirement IS defiCient for two parcels with only 57.02 feet for each parcel. As the parcellS large and Irregularly shaped with an unusual depth, Staff IS supportive of the vanance and the creation of one (1) additional lot beyond the eXisting for a total of two (2) lots. BRUCE & ELIZABETH HEDLUND Agenda Item 5 Page 3 CONDITIONS The final plat shall show no more than two (2) parcels, as depicted on the plan entitled, "PRELIMINARY SUBDIVISION OF LOT 8C" dated 03/05/08 prepared by Rood Land SurveYing, P.C. Said plan has been exhibited to the Virginia Beach City Council and IS on file with the Virginia Beach Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BRUCE & ELIZABETH HEDLUND Agenda Item 5 Page 4 /:) % ~ E ::."'- ""...-olit ",Iit';...- ~"'r;,~ ~~~~ o;,...!otl R.~" ~R.\!!'t. ~~~~ ~l~~ ~~~~ .--'iii ~...... i. i.. 60 "'.......... .~, ~ 'Gl S~~ ~~.. " -;.,%~a ...6:::l' ~ ~'\........ ~ .. ~ '" e ei.<~~ ~~1&~ ~. ~\ , 6'" ~.. 4.~ Uv, g '.10 '5 'i~ $1-' ~~~~~~ % ~ \'a'bil~ '7~ oBl, \~\\~~ ..;. .;. $ -'" ~70.. :>- ~~"Q5~::> - . F~rA~lI}.~ o;f( ~9. ~\I- -,,;. 1>1 ~u.! 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E.LlZABE.1r\ \-IE.O\..UNI Agenda \tern pagE z o I I ~ U I I .....:t ~ ea ~ u > z o I I CI"':j E Q ~ :::::J CI"':j '~~~^'-_'____~~_""_'_'_"___~,,,~_,,,~_...,mw.,> ,,'ww -"'~'''~''',^W~'"N'W''_~^_''~_~_ "~'~~~'''''~'''''___'''__Y_'''W'''' DISCLOSURE STATEME APPLICANT DISCLOSURE If the apphcant is a corporation, partnership. firm. business or other unlllcorporated organization. complete the followmg 1 List the applicant name followed by the names of all officers. members trustees, partners, ett below (Attach list If necessary) 2. List all busmesses that have a parent-subsidiary 1 or affiliated business entity' relationship with the applicant (AUaell fist if necessary) Ll Check here If the applicant IS NOT a corporation partnership. firm business, or other unincorporated organization PROPERTY OWNER DISCLOSURE Cornplete thiS section only If property owner is different from applicant If the property owner IS a corporation, partnershIp. firm, bUSiness. or other unmcorporated organlzatlon. complete the following, 1 List the property owner name followed by the names ot all officers. members. trustees. partners etc. below (Attach list if necessary! 2. List all busmesses that have a parent-subsldiaryl or affiliated busmess entltl relationship with the applicant (Attach /1st If necessary! Check here if the propt~rty owner IS NOT a corporation partnership firm. busim~ss. or other unincorporated organization. Set': next pa9€ !n footnotes SubdiVISIon Vanance t'\4.)plICatlfJn ~:)aqe tU or 1 ! HI)VL')W} T:A H'l(\ BRUCE & ELIZABETH HEDLUND Agenda Item 5 Page 8 LOSURE STATEMENT ADDITIONAL DISCLOSURES list aU known contractors Of buslnesses that have Of will provide services with respect to the requested property use including but not hmited to the providers of architectural services. real estate selvices, finanCial services accounting serVices, and legal services. (Attach list if necessary) ,.^,,^~,,_;J..._..^. ; "Parent-subsidiary relationship' means 'a relatIonship that eXists when one corporalron directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporatlOn See State and Local Government Conflict of interests Act Va Code S 2 2,3101 "Affilrated bUSiness enl1ty relationship means "a relatronshlp, other than parent- subSidiary relationship. that eXIsts when (l) one business entity has a controlling ownership interest in the other bUSiness entity iii) a controlling owner In one entrty IS also a controlling owner 1!1 the other entity, or {ili} there is shared management or control between the bUSiness entities. Factors that should be conSidered in determining the eXistence of an affiliated business entity relatIonship metude that the same person or substantially the same person own or manage the two entitllils, there are common or commingled funds or assets; the bUSiness entities share the use of the same offices or employees or otherwise share activities resources or personnel on a regular basis; or there IS otherwise a close working relationship between the entities' See State and Local Government Confhct of Interests Act, Va Code S 22-3101 CERTIFICA TION: I certlfy thaI the Informatlon con tamed hermn IS true and llccmate I understand Ihat. upon receipt ot nottficaUon (postcard) thai the appltcatlon has been scheduled for public hearmg I am responSible for obtall1lng and poslln9 the reqUired sign on the subject property at le,1st 30 days pnar to Ihe ~;r:h8duled public lJeaflng accordlflg to the InstructIOns If\ thiS package The underSIgned atso conSBnfS to entry upon the subject ploperty by employees ot the Departmenl of to photograph and view thl;lslte for purposes of processII19 and evaluatll.g thiS application i! s. Sfgn~3ture {If ulftcm:nt than apphcanl1 Name ')ubdlV~SK\n \/anance ApplIcatIon vd~F~110t11 qev;~!ed 'iillfO~) z o I . tS I I t-:i ~ ~ ~ U >= Z o I I CI':J EE ~ ~ ;::::J CI':J BRUCE & ELIZABETH HEDLUND Agenda Item 5 Page 9 Item #5 BlUce & ElIzabeth Hedlund SubdivIsion Ordinance 5711 Lancelot Dn ve DIstnct 2 Kempsville July 9, 2008 REGULAR Donald Horsley' Our next Item IS Item 5, an applIcatIon of BlUce and ElIzabeth Hedlund, an appeal to decIsions of AdministratIve Offices In regard to ceIiam elements of the SubdivIsIOn Ordinance, SubdivisIOn of BlUce and Elizabeth Hedlund. The property is located at 5711 Lancelot Dnve, Dlstnct 2. Kempsville. Janice Anderson: Welcome. Bruce Hedlund: Thank you. Madame Chall1nan and members of the Plannmg CommiSSIOn, my name IS Bruce Hedlund, and tIns is my wife ElIzabeth. My daughter IS 111 the audience. She IS one of the reasons why we are here. We've requested a variance. I got a short outlIne that I would like to read tlu"ough. Jamce Anderson: Please. BlUce Hedlund: It mIght answer some questIOns. Weare resIdents of the Avalon neIghborhood for the last 24 years. We did Ii ve at N OImand y A venue for the first 21 years, which IS about 300 feet away from where we do lIve now. We bought thIS lot 111 2005, I believe. Both of our children had recently got mamed and they are finanCially ready to begll1 a home family. We have the opportumty here to help them do that. So, we have requested this variance for lots. 5725 Nonnandy Avenue IS a two-acre lot. It has an unusual shape. We lack the street frontage that we would need for a normal two lot SItuatIon. We request a variance change from the normal 80 foot street frontage to 57 teet for twosll1gle-family dwellings on the two-acre parcel. Our plan IS that my son and daughter-in-law will live m the eXIsting structure that is already on the two-acre lot. His plan IS to renovate It in the future and reshape It, get It to face Lancelot Dnve, where the drive IS now My son couldn't be here today because he works. He couldn't get off today My daughter and son-m-law would like to build a new home on Lot 8C -1. Like I saId, all four of the mentIoned children both have good careers. We should be able to make this plan work. I'm hoping. Anyway. there are several eXlstmg parcels Il1 the neIghborhood that are very similar to what we are requestll1g. RIght across the street from the R-I 0 lot. adjacent to our property are two propertIes, 520 and 522 A val6n. They have a shared dnveway WIth two parcels in the rear .lamce Anderson: Is that on that plat anywhere? BlUce Hedlund. Yes. That IS right "vhere the R-30 IS located. Item #5 BlUce & ElIzabeth Hedlund Page :2 Jamcc Anderson: Can you take that little pomter and direct us a little better? I'm lost. BlUce Hedlund: Here we go. Right there (Pomtl11g to PowerPomt). Janice Anderson: Okay Bruce Hedlund: There IS a shared driveway. This house and this house nght there. Jamce Anderson: Thank you. BlUce Hedlund: I have a shared dIiveway. Our plan does create two lots that far exceed the square footage reqmrement for an R-J O. I thmk they actually have a little over 40,000 square feet per lot. I would like to draw one attentIon to page :2 of the Impact on City ServIces under generated traffic. It says that change would create 20 ADT I assume that means tnps per day average. Jamce Anderson: Average Daily Trips. Yes. Bruce Hedlund: That will not happen because my daughter and son-l11-law live WIth us; so, the traffic IS already there. But anyway that IS about what we want to do. We get along so far. I guess that IS about all that I have to say. I thank you for your time and your attentIOn. Jamce Anderson: Well, we had the pleasure ofmeetl11g your WIfe on the van tnp. It IS mce to see you agal11. Are there any questIons at tlus pOl11t? Thank you. BlUce Hedlund: Thank you. Jamee Anderson: We do have one person sIgned up to speak. Ray Murden. Welcome Mr Murden. Ray Murden: Thank you very much, Madame Chamnan and members of the Planmng CommISSIOn. I'm a resIdent of 509 Lancelot Comi. Ed Weeden: For the record. state your name please. Ray Murden: Raymond Murden, a resIdent of 509 Lancclot Comi. I'm a member of the Civic League, and rm on a committee that was asked to review several things 111 the neIghborhood. One. for flag lots, whIch the Hedlund's are requestmg. And there are other Issues to be brought up. [spoke to Mr. Dlczcl two weeks ago. Wc lined up members of the Planmng staff to meet WIth us on Tuesday to discuss and bnng forth some concems that the neighborhood has conceml11g this and other issues. We respcctfully requcst that you defer this until August. The reason being is that we are gOl11g to meet WIth the Council disttict person, and if we tlnd somethmg, then they are gomg to have to resolve on those questions. Respectfully again, we're askmg you to defer tillS at thIS tIme. Item #5 Bruce & Elizabeth Hedlund Page 3 Jamce A~nderson: You as a CIVIC league haven't had a chance to discuss your concerns with the applicant yet'? Ray Murden: No ma'am. Janice Anderson: Okay. Ray Murden: It IS not just with the applicant It IS with Plmming. Weare going to meet with them on the first of the week and get it resolved. Janice Anderson: Okay. Thank you. Henry LIvas: 1 was wondenng why you didn't have proper notIce. There were SIgns on the site con'ect? Ray Murden: We saw the sIgn SIr. We brought It up at the CIVIC lea!,rue 111eetmg. There were questions asked. and It would be taken care of, and get some resolve. Unf0l1unately, the presIdent of the CiVIC League was called out of town. He came back and went back out aga1l1. What we did was start a committee. I'm one of the members. There are five of us. Henry Livas: Do you care to share any of your concerns? Ray Murden: We prefer not to at tlllS tune. J amce Anderson: Let me bnng the applicant back up here. Can you Just bnefly, would you be 111 opposition If we can either go forward and hear It today and send It on to Councilor would you be 111 oppOSItion to defel11ng this until next month's meet1l1g? You will have a chance to review any kmd of concerns that the CIVIC league might have. Have you heard any problems from the neighbors or anythmg like that? Old you go to the CiVIC league'! Bruce Hedlund: I'm a member of the CIVIC league. Jamce Anderson: Okay Bruce Hedlund: I have a tItle. I'm the Sergeant at Anns. There has been a gentleman. If you notice when you came to VIsit. you saw the three little homes on the adjacent propeI1y. Jamce Anderson: On the corner? Bruce Hedlund: Yes. That was one house there on a one-acre lot. The gentleman bought the house With the one-acre. They did the demolition on it. He replaced It WIth three, I thmk very attractive homes. He has also bought another lot up the street that has a one-acre lot. and he has demolished on that house. Ray and the other people he has mentioned are upset that the neIghborhood IS changing. They are upset WIth any new building in the neighborhood. My personal Opllll0n IS that I think those houses are a mce addition to our I I I Item #5 Bruce & Elizabeth Hedlund Page 4 neIghborhood. I th1l1k they quadruple the tax base ofT that property. [fyou add another home here that Il1creases the tax base. From that point of view, I think the City would be happy wIth It. But they don't like to change. I understand that. It IS a mce qUIet neighborhood. I have a little bIt of a mIxed emotion about doing, what we're dOll1g because I enjoy my two- acre lot. I like to help my kids. .lamce Anderson: So, you would like to go forward today') You would like for us to go forward today on this application? Bruce Hedlund: Yes. We've gIven them plenty oftllne. I actually went to the CIVIC league 111 January and told that we were going to start this process, and that this would be happening thIS summer. Elizabeth Hedlund: That was two months ago. .lal1lce Anderson: So, they were notIfied, and you didn't get any response until today? Bruce Hedlund: Yes. I was at the meeting where the first concerns were VOIced. Jamce Anderson: Okay. Thank you. Bruce Hedlund: I was not at the meetll1g last month \-vhere they apparently fonned the committee. .lamce Anderson: Okay Thank you. Bruce Hedlund: This is the first that I've heard of that. .lamce Anderson: I'm going to ask Mr. Murden a question. M1'. Murden, can you kll1d of address what concerns you're looking at? They would like to go forward today. Not that your concerns could not be addressed between now and Council. because you are meetll1g WIth the Planmng statT Ray Murden: Yes ma' am. Jamce Anderson: So, hopefully whatever the concerns are, but if there are some concerns, you would like to address WIth us today Ray Murden: There are safety concerns. I don't care how you look at It. We do have a plan to have the roads widened. But there are a number of trucks, and contractors are taking up the road, blockll1g the road. Some of them will leave theIr car door open and walk away, and you have people comll1g in and going out. Jamce Anderson: And tlus IS during the constructIon phase') Item #5 Bruee & ElIzabeth Hedlund Page 5 Ray Murden: ThIS IS 111 the construction phase. Yes ma' am. The tratTic IS sufficIent and the roads are blocked. You have people commg out of a blmd area onto a mam road, not a pnmary main road, that bemg Lancelot Dnve. When you are going down Avalon, you have again, a lot more construction. And the fact that you support that someone home built wIth three houses on the allotted area, that was donc before Avalon Woods was, so a concem there. You got an EP A issue also. I believe we do. That is why I want to speak wIth a planner. I would prefer, If we could have, put it on hold until next month. The reason bemg IS I hate to see It go all the way up, and then have to tum around and come back. That was Just a concern. That is why we did this. Janice Anderson: Thank you, Ray Murden: I'm sorry to be tardy on tlns. Jamee Anderson: Are there any questions ofMr Murden? Thank you SIr. Ray Murden: Thank you ma'am. Thank you all. Janice Anderson: Go ahead. Bany Kmght: Dr. White? Stephen WhIte: Yes. Bany Kmght: Can I ask you a questIOn please? You see that the Hedlund's property is zoned R-IO and the two R-l 0 parcels below It. Ifthere was an assemblage of these properties, all of them, could you tell us what could happen to these propertIes by nght the way they are zoned now? What I'm getting at of course IS that the Hedlunds want to take theIr R -10 and put In two lots, two 40,000 square foot lots, and I thmk maybe If you had an assemblage of properties and some cul-de-sacs in here, you could have a ton of homes m here by-nght; so, maybe what some of the residents are gOIng to be gettmg by what the Hedlunds are askIng for IS better than what they were getting If the Hedlund's were to sell theIr property and Its assemblage? Stephen White: If you were to comb1l1e the shaded R-IO WIth the two R-I0 vacant parcels below it, it is 10,000 square foot lots. It IS what R-I 0 will get you. .lust eyeballing It, I would think you could get somewhere between 15,20, possibly up to 25 homes 111 there. So, It is a SIgnificantly hIgher number than what the Hedlunds are dOIng WIth the R-I 0 and the 40,000 square foot lots. Bany Knight: They wouldn't have to ask for pennission for the zoning would they? The underlined zoning is already there if YOLl put the streets in there properly. Stephen WhIte: Correct. Item #5 BlUee & Eltzabeth Hedlund Page 6 BalTY Knight: Thanks. Henry Livas: Also, ]S 1t tlUe those three lots that were done by-right also on here? Stephen White: Correct. Henry LIvas: They need no pen11lSSlOn. And those lots are lot smaller than the two that \ve are talkmg about. Stephen White: Yes. Janice Anderson: Arc there any further questIOns') Do 1 have a motion? Any comment? Eugene Crabtree: I'll make a motion that we approve the applicatIon as presented. Henry Livas: I second It. .lamce Anderson: A motion by Gene and seconded by Henry. I'll call for the question. AYE 11 NAYO ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of I ] -0, the Board has approved the appltcat10n of BlUee and Eltzabeth Hedlund. .Iamce Anderson: If you could meet w1th the C1V1c league between now and Council to try to address our 1ssues. It sounds like most of it IS constlUctlOI1, which is not pleasant for anybody next door. I tlunk you would most likely be impacted. You're right next door DANNY COLLIER CUP - Automobile Sales, Service & Storage Relevant Information: · Bayside District · The applicant requests a Conditional Use Permit to allow redevelopment of an abandoned auto repair business for automobile sales. · The applicant plans to display up to 10 vehicles for sale. · Building will be repaired and painted. · Site will be enhanced with landscaping. · One of the curb cuts on Pleasure House Road will be closed. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0). · Consent Agenda. · No opposition. ~~" &~~ .....~~'.' ~:r$1... ,\\, (t:: . r l~~ ~':i~ l.~ '\';.t\;q:-- Ii" ~~Y ..;;.,..~'" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DANNY COLLIER, Conditional Use Permit (motor vehicle sales, service and storage), 1605 Pleasure House Road, District 4 - Bayside. MEETING DATE: August 26,2008 . Background: The applicant requests a Conditional Use Permit to allow use of the site for motor vehicle sales, service, and storage. The site IS currently occupied by a vacant building that has been occupied by an automotive-related use for the past 58 years. . Considerations: The applicant plans to display up to 10 vehicles for sale. Automotive detailing and service will be performed on the site as an accessory to the operation. Additionally, the applicant may store vehicles to the rear of the building within an enclosed area. Operating hours are proposed for Monday through Friday, 9:00 a.m. to 9:00 p.m., and Saturday, 8:00 a.m. to 5:00 p.m. Three employees will work at the site. As noted above, the site has been occupied by an automotive service since 1950. The proposed use IS much lower in intensity than the previous heavy automotive repair that existed on the site. Surrounding businesses, such as a dry cleaner, day spa, offices, and several restaurants, and the proposed use are compatible with one another. The Planning Commission placed this item on the consent agenda because the proposal will result in an enhancement to this site, the use is consistent with past use of the site, and there was no opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The existing entrances to the site located closest to the Intersection of Pleasure House Road and Thoroughgood Road shall be closed. The applicant shall work with Current Planning and Traffic Engineenng staffs to determine an adequate means of closure. Danny Collier Page 2 of 2 2. The building shall be painted earth tone colors. The applicant shall provide a color palette of the proposed paint to be used on the building to Current Planning staff for approval. 3. Parking spaces and display area space shall be clearly delineated on a site plan and the parking lot must be striped in accordance with the approved plan. Vehicles are to be parked in the designated areas, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms. The applicant shall provide to Current Planmng Staff a parking lot layout plan with the appropriate spaces delineated on the plan. 4. All automotive detailing and service shall be performed inside the building. No outside storage of equipment, parts, or materials shall be permitted. 5. No outside storage of vehicles in a state of obvIous disrepair shall be permitted. If vehicles In this condition require storage, then such vehicles shall be stored within the building. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. No outside paging system shall be permitted. 8. No advertising banners, streamers, balloons, pennants, or similar devices shall be permitted on any vehicles or the site. There shall be no signs In excess of four (4) square feet Installed or displayed on the exterior or Interior of the windows of the building. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager~" 'tL , ~~ REQUEST: Conditional Use Permit for motor vehicle sales, service and storage DANNY COLLIER Agenda Item 9 August 13, 2008 Public Hearing Staff Planner' Faith Christie ADDRESS I DESCRIPTION: Property located 1605 Pleasure House Road GPIN: 14792472410000 COUNCIL ELECTION DISTRICT: 4 - BA YSIDE SITE SIZE: 13,550 square feet The applicant requests a Conditional Use Permit to allow use of the site for motor vehicle sales, service, and storage. The site has been occupied by an automotive-related use for the past 58 years. The applicant plans to display up to 10 vehicles for sale. Automotive detailing and service will be performed on the site as an accessory to the operation. Additionally, the applicant may store vehicles to the rear of the building within an enclosed area. Operating hours are proposed for Monday through Friday, 9:00 a.m. to 9:00 p.m., and Saturday, 8:00 a.m. to 5:00 p.m. Three employees will work at the site. SUMMARY OF REQUEST LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site IS occupied by a vacant service station, with concrete, asphalt, and grassed surface areas. A service station I automotive repair facilty has operated on the site since 1950. SURROUNDING LAND North: . USE AND ZONING: South: . . East: . . West: . Dental office I B-2 Community Business Thoroughgood Road Across Thoroughgood Road IS a small commercial strip center l B-2 Community Business Pleasure House Road Across Pleasure House Road IS strip shopping center I B-2 Community Business Office I B-2 Community Business DANNY COLLIER Agenda Item 9 Page 1 NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features associated with the site. AICUZ: The site IS In an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Pleasure House Road In front of this application IS a four-lane undivided major urban arterial. The Master Transportation Plan proposes an undivided facility with bikeway within a 70 foot right-of-way. There are no Capital Improvement Program (CIP) projects slated for this section of roadway The eXisting site does not meet current Public Works standards for a commercial property. There are potentially unsafe Issues associated with the site. The multiple entrances on the property make it difficult for vehicles to decipher the pOint of entry. In order for the site to meet standards, the following changes would be required: · Remove two access pOints from the property, one from each fronting roadway. The remaining two access pOints must be In accordance with the City of Virginia Beach Public Works Specifications and Standards. . Provide a 30-foot entrance throat length on all remaining entrances, measured from the rlght-of- way line to the first Internal aisle or parking space. Since both roadways are at their ultimate right-of-way width, the measurement may be taken from the edge of roadway. . Any eXisting or proposed entrance must meet the Public Works Specifications and Standards for dimensions and entrance type. · Provide right-of-way Improvements along Thoroughgood Road In accordance with the City of Virginia Beach Public Works Specifications and Standards. This Includes any pavement widening, curb and gutter, and sidewalk necessary to match the eXisting right-of-way Improvements along the property. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Pleasure House 20,195 ADT I 27,300 ADT EXisting Land Use ~ - 30 Road ADT Proposed Land Use 3 - 40 ADT (2 AM Peak Hour - entering & 1 PM Peak Hour - enterlnq) , Average Dally Tnps 2 as defined by automotive repair 3 as defined by automotive sales WATER: This site must connect to City water There IS an 8-lnch City water main along Thoroughgood Road and a 12-lnch City water main along Pleasure House Road. DANNY COLLIER Agenda Item 9 Page 2 SEWER: This site IS connected to City sanitary sewer AnalysIs of Pump Station #307 and the sanitary sewer collection system IS required to ensure future flows can be accommodated. There IS an 8-lnch City gravity sanitary sewer main along Thoroughgood Road and a 10-lnch City gravity sanitary sewer main along Pleasure House Road. SCHOOLS: School populations are not affected by the request. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan Map designates this area as a Primary Residential Area. The Comprehensive Plan policies recognize the need to preserve, protect, and enhance the overall character, economic value, and aesthetic quality of the surrounding neighborhoods. The Plan policies also support development proposals that fulfill a legitimate public need for compatible neighborhood support uses and activities. Evaluation: Staff finds the request for a Conditional Use Permit for motor vehicle sales, service, and storage acceptable subject to the conditions listed below. The site has been occupied by an automotive service since 1950. The proposed use IS much lower In Intensity of use than the prevIous heavy automotive repair that eXisted on the site. Surrounding businesses such as a dry cleaner, day spa, offices, and several restaurants and the proposed use are compatible with one another Staff therefore recommends approval of the request subject to the followmg conditions. CONDITIONS 1 The eXisting entrances to the site located closest to the Intersection of Pleasure House Road and Thoroughgood Road shall be closed. The applicant shall work with Current Plannmg and Traffic Engineering staffs to determine an adequate means of closure. 2. The building shall be pamted earth tone colors. The applicant shall provide a color palette of the proposed paint to be used on the building to Current Planning staff for approval. 3. Parking spaces and display area space shall be clearly delineated on a site plan and the parking lot must be striped In accordance with the approved plan. Vehicles are to be parked In the designated areas, and no vehicles shall be parked withm any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms. The applicant shall prOVide to Current Planning Staff a parking lot layout plan with the appropriate spaces delineated on the plan. 4. All automotive detailing and service shall be performed inSide the building. No outSide storage of equipment, parts, or materials shall be permitted. 5. No outSide storage of vehicles m a state of obVIOUS disrepair shall be permitted. If vehicles in this DANNY COLLIER Agenda Item 9 Page 3 condition reqUIre storage, then such vehicles shall be stored within the building. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjOining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7 No outside paging system shall be permitted. 8. No advertising banners, streamers, balloons, pennants, or similar devices shall be permitted on any vehicles or the site. There shall be no signs In excess of four (4) square feet Installed or displayed on the exterior or interior of the windows of the building. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this 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. DANNY COLLIER Agenda Item 9 Page 4 MP tfff wt.;" l '> 'f: r-~ Bld, j;lllttGS '~( 41> $}nN~ ON nm, ""!.,A' "'~f: iitl.m.,~N<~5 :i14tte> SfRtC11.'f' W,il'M.. f)if TJ'tLt U"if.~ .\~LI ~l"'e~f Ane: 00 t.~C...'.,,'A(,:Ii"f\ltS O. .)11-.f);/ e.J!UH..~S m>l r~f ..~Opt!H'1': (.i,':tW AS fl;IO~tt ~tON~[;; ;) }....Jb..vrtffl.0( / I;, "~'.. , . ,. \/ ::JJ o 1> I:) "EMAIHIM> PORTION Of LOT 37 W~l\3 tc,l\c.t.. I ,n'''Il'' ~ >- :3 13 "",~.,,...... . -I ,.,.. JI!; '5 ~ ::JJ '.;1 g VI ... ~~I g -0' I:) - <: o ;: ~ .. '" z i ;r ~ .. lIl<1UC..pt'o' ~<l<J .~ 4tl"t<Jh} l".~~(l'! . f ~......_ $j4U~ 40' w" f tl-'LAr tl"lEtm ,.,t..to '''''I~'''U:;:'''''' "'u 1,q"A4.t\ ~,:::";'; C. Cot. CI"s:"J It<il'h~c..) PLEASURE HOUSE ROAD it,!; ii',""l ~"tt', 'NIJlf ___"",*,,, ..flif<tMtl It'ft 'J!lMf~ (".a<"',~~! .,t'ILI""'l~It'~; rl:"AO) '*t''''lh.*PCi,. fl'll tt.u... , f:1lI"illUl"~l .."'Mllliltol<t Mf:IlI("'t l"lO<.lt' .,;p" ..ltC, ."'u ."", O'3I1tMVN',.-., ,.....~ 10""('" .ur.:u tKlIOl', .It" Itt:- ..~" """~'\<r?;ctf!l PHYSICAL SURVEY OF A PORTION OF lOTS 3' t 38. SHELTON PLACE "~:,~.:~, BAYSIDE BOROUGH - VIRGINIA 8f:ACH, VIRGINIA FOR DANNY L COLlIER C JOHNNIE M. COLLIER 4\4" I\t'-' 1Q~-t' 11\''1 StA..' i~"'iJj ilitr <'<1. !~8:!< ROUSE - SIR/HE ASSOCIATES. LTD. VIRGI!IU~ BEACH, VfRGINjA PROPOSED SITE PLAN DANNY COLLIER Agenda Item 9 Page 5 , ,." , , ..,. ~, , ' E){\ST\NG BU\LO\NG DANNY COLUER Agenda \tem 9 page 6 CUP - Automobile Sales, Service & Storage 1. 2/7/72 2. 5/25/93 3. 1/8/02 6/9/98 6/11/96 4 6/12/89 5. 9/26/88 6. 8/22/95 7 2/25/98 8. 3/11/08 1 0/2/01 Conditional Use Permit Service Station Conditional Use Permit Automotive Re air Modification of Conditions Conditional Use Permit (Communication Tower) Conditional Use Permit Communication Tower Conditional Use Permit Childcare Conditional Use Permit Gasoline Pum s Conditional Use Permit Automotive re air Street closure Conditional Use Permit (Church) Conditional Use Permit Church Approved A roved Approved Approved A roved A roved A roved A roved A roved Approved Approved ZONING HISTORY DANNY COLLIER Agenda Item 9 Page 7 II DISCLOSURE STATEMENT ~ APPLICANT DISCLOSURE If the applicant IS a corporation, partnership, firm, business, or other unincorporated organization. complete the follOWing: 1 list the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) /' ' I , 1/ fJr5 <>~ Milk) L 1)0.('\1\ vi L. (p I \ tJe] \ 2 list all businesses that have a parent-subsldiaryl or affiliated business entity2 relationship with the applicant: (Attach list if necessary) HrP\' (pJ\t t h~..M a ~lf"tLA:~tiM \ ~ AWf~:C~ o Check here if the applicant IS NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete thIS section only if property owner IS different from applicant. If the property owner IS a corporation, partnership, firm, bUSiness. or other unincorporated organization. complete the follOWing: 1 List the property owner name followed by the names of all officers, members. trustees, partners, etc. below: (Attach list if necessary) \, 1/ 3;:)l\l\r, ,-c... r". (-"011 ,'GfL ~rd\V\ t. Co II eft... \ 2. list all bUSInesses that have a parent-subsldiaryt or affiliated bUSiness entity2 relationship with the applicant: (Attach list if necessary) ~heck here if the property owner IS NOT a corporation, partnership. firm, bUSiness, or other unrncorporated organization. 1 & 2 See next page for footnotes Does an offiCial or employee of the City of VirginIa Beach have an Interest In the subject land? Yes _ No ~ If yes, what IS the name of the offiCial or employee and the nature of their Interest? Conditional Use Permit AppllCBtJon Page 9 of 10 ReVised 71312007 z o I . ~ C-' I I I , ~ ea f-t ~ ~ ~ ~ ~ ;:::J ~ o I I f-t I I ~ Z o C-' DISCLOSURE STATEMENT DANNY COLLIER Agenda Item 9 Page 8 z o I I ~ U I I ....:1 ~ ~ f-t ~ J:;a;:I ~ ~ ~ ~ o I I f-t I I ~ Z o u ~ DISCLOSURE STATEMENT II ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services. finanCial services, accounting services, and legal services: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that eXists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. 2 "Affiliated bUSiness entity relationship" means "a relationship. other than parent- subsidiary relationship, that eXists when (i) one business entity has a controlling ownership Interest In the other business entity . (ii) a controlling ow ner 10 one entity is also a controlling owner in the other entity, or (iii) there IS shared management or control between the business entities. Factors that should be considered In deterrnlntng the existence of an affiliated bUSiness entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the bUSiness entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis; or there IS otherwise a close wor1ung relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. CERTIFICATION: I certify that the .nformation contained herein IS true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public heanng, I am responsible for obtaining and posting the required s.gn on the subJect property at least 30 days pnor to the scheduled public heanng according to the Instructions In thiS package. The undeNilgned also consents to entry upon the subject property by employees of the Department of PI ing to photograph view the site for purposes of processing and evaluating thiS application. hnn.td Clt,..CJL Pnnt Nam~ Property Owner's Signature (if different than applicant) Pnnt Name Conditional Use Permit ApplicatlOl1 Page 10 of 10 RevlS8d 7/312007 DISCLOSURE STATEMENT DANNY COLLIER Agenda Item 9 Page 9 Item #9 Danny Collier Conditional Use PermIt 1605 Pleasure House Road DIstnct 4 BaysIde August 13, 2008 REGULAR Joseph Strange: The next matter IS agenda Item 9. An application of Danny Collier for a Conditional Use PermIt for automotive sales, servIce and storage on property located at 1605 Pleasure House Road, DIstnct 4, BaysIde, wIth eIght conditIOns. Danny Collier: I'm m agreement wIth the eIght conditIOns. Janice Anderson: Your name please? Danny Collier: Danny Collier. J amce Anderson: Thank you. Joseph Strange: Is there any opposItion to thIS matter bemg placed on the consent agenda? The ChaIrman has asked Dave Redmond to reVIew this Item. DaVId Redmond: Thank you Mr. Strange. The applicant, Danny Collier, requests a Conditional Use PermIt to allow a use of the site for motor vehIcle sales, servIce and storage. ThIS SIte has been occupIed by an automotIve related use for the past 58 years. The applicant plans to display up to ten vehIcles for sale on the SIte. AutomotIve detailing and servIce will be performed on the SIte as an accessory to the applicatIOn. The proposed use IS much lower m mtensIty of use m the prevIOUS heavy automotIve repaIr that eXIsted on thIS SIte. Plannmg staff supports the applicatIon. The CommIssIon IS unaware of any opposItIon and concurs with staff's recommendatIOn by consent. Thank you. Joseph Strange: Thank you Dave. Madam ChaIrman, I will make a motIon to approve agenda Item 9. Janice Anderson: A motIon by Joe Strange. Barry KnIght: I'll second It. Janice Anderson: A second by Barry KnIght. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON AYE Item #9 Danny Collier Page 2 BERNAS CRABTREE HENLEY HORSLEY KA TSIAS KNIGHT LIV AS REDMOND RUSSO STRANGE ABSENT AYE AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved Item 9 for consent. CYPRESS CREEK, LLC Relevant Information: · Princess Anne District · 38 acre site. · The request is twofold: a Conditional Use Permit for a commercial kennel and a Conditional Use Permit for a riding academy and horses for hire and boarding. · Kennel will have up to 12 dogs and eight cats within an existing dog kennel building. · Applicant also desires to offer riding lessons, horse training, day camps, horse clinics, and horse shows (85 participants maximum). Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0). · There was opposition. n~~~ ,(..,~~~... '.'~t, ~.'''. Vt' fl'-l''' -.'hl ("i .. \"1 ~~\~ !~} (~.=:.. " ,,~!t ~.~.lty4.~ ~" ~,:::;""", CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CYPRESS CREEK, L.L.C., Conditional Use Permits (riding academy, horses for hire or boarding and commercial kennel), 1628 Mill Landing Road, District 7 - Princess Anne MEETING DATE: August 26,2008 . Background: The request is twofold: a Conditional Use Permit for a commercial kennel and a Conditional Use Permit for a riding academy and horses for hire and boarding. Ingress/egress to the site is via a long, tree-lined, attractive driveway The exhibit depicts an area to be set aside for parking for horse shows; a proposed food concession area; a fenced enclosure for temporary portable restrooms; the eXisting kennel structure; the existing horse pastures, riding rings and barns; and the eXisting single-family dwelling and pool. As a side note, the applicant is working with the Department of Agriculture to submit a request for plaCing a portion of the property into the Agricultural Reserve Program. . Considerations: First, the applicant requests a Conditional Use Permit to allow the operation of a commercial dog and cat kennel. The application specifically requests up to 16 dogs for boarding and up to eight (8) cats in a structure that IS already constructed as and, according to the applicant, was once used as a kennel. The proposed kennel is located behind the eXisting dwelling and pool. There are existing dog-runs and an eXisting fenced-in area on the property that will serve the future occupants of the kennel. Second, a Conditional Use Permit is requested for a riding academy and horses for hire and boarding. Specifically, the applicant desires to offer riding lessons, horse training, day camps, horse clinics, and horse shows. There is an existing 13-stall horse barn, a seven (7) -stall pony barn, and three (3) outdoor arenas on the site. The plan depicts areas set aside for temporary parking and concessions and restroom facilities to be used during horse shows. As the property IS almost 38 acres, the Zoning Ordinance permits up to 117 horses on the property, far more than anticipated by the applicant, which is 40. The day camps, for SIX (6) weeks dUring the summer, are proposed with 10 campers, all of which will be required to bring their own lunches and snacks. The Rural Area, as classified by the Comprehensive Plan, is home to many horse farms and related agricultural uses. Equestrian facilities in the southern Cypress Creek, L.L.C. Page 2 of 4 part of the City further cultivate the identity of the Rural Area. Horse shows, riding academies and other related equestrian activities are a perfect means for promoting sensible, rural economic opportunities in this part of the City. This proposal follows the guidance found In the Plan for future activities in the Rural Area: projects that reflect and endorse the rural way of life while providing a continued agricultural presence. Agriculturally zoned properties are ideal for both equestrian and kennel uses, as typically, parcels are larger In size to accommodate the activities associated with each use. The proposed kennel is deemed acceptable, subject to the conditions listed below Section 223 of the City of Virginia Beach Zoning Ordinance requires that any kennel shall be at least 100 feet from the property line of any adjacent lot. The structure sits approximately 290 feet from the property line to the north and approximately 390 feet from the property line to the east. After the Planning Commission heanng, Staff conducted research regarding regulations in Virgima and throughout the nation applicable to horse shows. In particular, Staff sought guidance on the number of participants commonly associated with horse shows based on the size of the farm and its facilities. In this case, Staff concludes that a limitation on the number of participants at 85 IS appropnate. There was opposition to the requests. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the requests with the following conditions: Ridina Academy, Horses for Hire and Boardina 1 A Fire Plan, developed specifically for this site, designed to aid In fire prevention, suppression and elimination of potential fire hazards, shall be developed in conjunction with the Fire Marshal's Office, and shall be approved and implemented prior to the issuance of a Certificate of Occupancy for the Conditional Use Permit. Such Plan is not meant to supplant any additional recommendations of the Fire Marshal's Office. 2. There shall be no more than six (6) horse shows per year. Horse shows shall be held only between the hours of 8:00 a.m. and 8:00 p.m., with partiCipant access to the site for the purpose of the shows limited to after 7:00 a.m. and before 10:00 p.m. There shall be no overnight transient lodging or camping of show participants are attendees. 3. Horse shows shall be onented to the students of the nding academy and local horse stables and nding academies. The maximum number of nder Cypress Creek, L.L.C. Page 3 of 4 participants at any show shall not exceed 85. 4. All parking for the horse show participants and attendees shall be located on- site. 5. There shall be no permanent outside speakers or sound systems. 6. Any lighting fixtures illuminating the outdoor riding area shall be turned off no later than 9:00 p.m. All lighting shall be Installed in a way as to direct all light Inward to the site to prevent spillover to adjacent properties. 7. There shall be no permanent food court on the property A food concession may be operated on the site during horse shows. Such concession shall be removed upon the end of a show. 8. The applicant shall consult with the City of Virginia Beach, Department of Agriculture, as well as the Department of Public Works I Stormwater Management, pertaining to the most effiCient and appropriate method of animal waste collection and disposal. 9. Upon one (1) year from the date of approval, the Zoning Administrator shall administratively review the Conditional Use Permit. In the event that no valid complaints have been made, the Conditional Use Permit shall remain in effect. Commercial Kennel 1. No more than 12 adult dogs (over SIX months of age) shall be kept on the property at any time. 2. Dog litter shall be picked up on a daily basIs and shall be disposed of In a lawful manner. 3. All boarded dogs and cats shall be kept within the kennel between sunset and sunrise. 4. Boarded dogs shall not be allowed to roam the property. Such animals shall be contained within the kennel and its associated dog runs. 5. Upon one (1) year from the date of approval, the ZOning Administrator shall administratively review the Conditional Use Permit for the kennel. In the event that no valid complaints have been made, the Conditional Use Permit shall remain In effect. Cypress Creek, L. L. C. Page 4 of 4 . Attachments: Staff Review Disclosure Statement Plannmg Commission Minutes Location Map Recommended Action: Staff recommends approval. Planmn Commission recommends approval. Submitting Department/Agency: Planning Department City Manager:~.. ~ .~~ CYPRESS CREEK, LLC Agenda Items 2 & 3 July 9, 2008 Public Hearing Staff Planner' Carolyn A.K. Smith REQUEST: Conditional Use Permit for a commercial animal kennel and a Conditional Use Permit for nding academy and horses for hire and boarding. ADDRESS I DESCRIPTION: Property located at 1628 Mill Landing Road GPIN: 24104403940000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 37.976 acres 3.90 acres approx. of wetlands and water The request IS twofold: a Conditional Use Permit for a SUMMARY OF REQUEST commercial kennel and a Conditional Use Permit for a nding academy and horses for hire and boarding. Ingress/egress to the site IS via a long, tree-lined, attractive dnveway. The exhibit depicts an area to be set aSide for parking for horse shows; a proposed food concession area; a fenced enclosure for temporary portable restrooms; the eXisting kennel structure; the eXisting horse pastures, nding rings and barns; and the dwelling and pool. As a side note, the applicant IS working with the Department of Agriculture to submit a request for plaCing a portion of the property Into the Agricultural Reserve Program. The applicant requests a Conditional Use Permit to allow the operation of a commercial dog and cat kennel, for boarding and breeding. The application specifically requests up to 16 dogs for boarding and up to eight (8) cats In a structure that, according to the applicant, was once used as a kennel. The proposed kennel IS located behind the eXisting dwelling and pool. There are eXisting dog-runs and an eXisting fenced-In area on the property that will serve the future occupants of the kennel. A Conditional Use Permit IS also requested for a nding academy and horses for hire and boarding. Specifically, the applicant would like to offer riding lessons, horse training, day camps, horse cliniCS, and horse shows. There IS a 13-stall horse barn, a seven (7) -stall pony barn, and three (3) outdoor arenas on the site. The plan depicts areas set aSide for temporary parking and concessions and restroom facilities. These uses will only be needed when horse shows or camps are held at the farm. As the property IS almost 38 acres (assuming all of which IS above the wetlands), the Zoning Ordinance permits up to 117 horses on the property, far more than antiCipated by the applicant, which IS 40. The day camps, for SIX (6) weeks dUring the summer, are proposed with 10 campers, all of which will be reqUired to bring their own lunches and snacks. CYPRESS CREEK. LLC Agenda Items 2 & 3 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling and horse farm SURROUNDING LAND USE AND ZONING: North: South: East: . Nawney Creek . Mill Landing Road, single-family dwellings / AG-2 Agricultural District . Agricultural field, single-family dwellings / AG-1 & AG-2 Agricultural Districts . Agricultural field, single-family dwellings / AG-1 & AG-2 Agricultural Districts West: NATURAL RESOURCE AND CULTURAL FEATURES: The property IS located adjacent to Nawney Creek, The northern portion of the site IS encumbered by tidal wetlands and floodplain. The Southern Watersheds Management Area Ordinance requires a mInimum 50-foot wide buffer from the edge of wetlands for any new structures. 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): Mill Landing Road IS a two (2) -lane undivided collector There are currently no CIP projects scheduled for this section of Mill Landing Road. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Mill Landing 1,254 ADT 7,400 ADT 1 (Level of EXisting Land Use T_ Road Service "C") - 12,000 ADT 381 ADT 1 (Level of Service "D") Proposed Land Use 3 - 157 ADT , Average Dally Tnps 2 as defined by 37.976 acres of typical AG uses 3 as defined by 37.976 acres for horse boarding, nding academy, and kennel WATER & SEWER: City water and sewer service are not available for thiS site. CYPRESS CREEK, LLC Agenda Items 2 & 3 Page 2 EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the "Rural Area." The area IS charactenzed as low, flat land with wide floodplains and altered drainage. The Comprehensive Plan recognizes this area as "agncultural/rural" with uses related to farming, forestry, rural residential, and other rurally compatible uses. The Plan states: "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" (page 161). Evaluation: The Rural Area, as classified by the ComprehenSive Plan, IS home to many horse farms and related agncultural uses. Equestnan facilities In the southern part of the City further cultivate the Identity of the Rural Area. Horse shows, nding academies and other related equestnan activities are a perfect means for promoting sensible, rural economic opportunities In thiS part of the City. ThiS proposal follows the gUidance found In the Plan for future activities In the Rural Area: projects that reflect and endorse the rural way of life while providing a continued agncultural presence. Subject to the conditions below, Staff IS recommending approval of thiS request. Agnculturally zoned properties are Ideal for both equestnan and kennel uses, as tYPically, parcels are larger In size to accommodate the activities associated with each use. The proposed kennel IS deemed acceptable, subject to the conditions listed below. Section 223 of the City of Virginia Beach ZOning Ordinance requires that any kennel shall be at least 100 feet from the property line of any adjacent lot. The structure sits approximately 290 feet from the property line to the north and approximately 390 feet from the property line to the east. Staff compared thiS request with other Similar proposals In the city. A request for a kennel, In the midst of agnculturally zoned property was recently approved with only approximately 430 feet of separation between the kennel structure and an eXisting dwelling. ThiS request places the closest dwelling unit at approximately 1,200 feet from the proposed kennel, almost a quarter of a mile away Staff concludes that thiS request for a limited number of dogs (16) on a site of almost 38 acres IS appropnate. CONDITIONS Ridino Academy. Horses for Hire and Soardino 1 A Fire Plan, developed specifically for thiS site, deSigned to aid In fire prevention, suppression and elimination of potential fire hazards, shall be developed In conjunction with the Fire Marshal's Office, and shall be approved and Implemented pnor to the Issuance of a Certificate of Occupancy for the Conditional Use Permit. Such Plan IS not meant to supplant any additional recommendations of the Fire Marshal's Office. 2. There shall be no more than SIX (6) horse shows per year Horse shows shall be onented to the students of the nding academy and local horse stables and nding academies. All parking for the horse show attendees shall be located on-site. CYPRESS CREEK, llC Agenda Items 2 & 3 Page 3 3. There shall be no permanent outside speakers or sound systems. 4. Any lighting fixtures illuminating the outdoor nding area shall be turned off no later than 9:00 p.m. 5. Upon one (1) year from the date of approval, the ZOning Administrator shall administratively review the Conditional Use Permit. In the event that no valid complaints have been made, the Conditional Use Permit shall remain In effect. 6. The applicant shall consult with the City of Virginia Beach, Department of Agnculture, as well as the Department of Public Works / Stormwater Management, pertaining to the most effiCient and appropnate method of animal waste collection and disposal. Commercial Kennel 1 No more than 16 adult dogs (over SIX months of age) shall be kept on the property at any time, 2. Dog litter shall be picked up on a daily basIs and shall be disposed of In a lawful manner 3. Upon one (1) year from the date of approval, the ZOning Administrator shall administratively review the Conditional Use Permit for the kennel. In the event that no valid complaints have been made, the Conditional Use Permit shall remain In effect. 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. CYPRESS CREEK, LLC Agenda Items 2 & 3 Page 4 J1lr.. j~ 711_ \.. ,I ~--' ~ \ . \ 2\. t 1.\ \ i'\~\~ 1 it ,< - . i .J ;I . ~ ~ , !S\l In H t~ ~ .. '" '" .d- I , t . I ~ I \ ! \ , t , ~ I ii ~t i \\\ .' I:" . '.: 'i~' ~ ~ 1 '-;I, ... :il I. JI' i~ .~\~ t" \n PROPOSED SITE LAYOUT CYPRESS CREEK, LLC Agenda 'temS 2 & 3 Page 5 04I22flOO8 Cypress Creek Stable & Kennel 1628 Mill landing Road Virginia Beach, VA 23457 Petition for Equestrian Conditional Use Pennit. This is a petition for cypress Creek Stables, conditional use pennit, City of Virginia Beach. Boarding and training horses, lessons, day camps, horse dinics, horse shows and dog boarding. Cypress Creek LLC, is a 37.977 acre farm. The farm has a large thirteen stall horse barn, smaI seven stall school pony barn, smaB lighted beginners arena. medium arena. large arena, and dog kennel. PETITION OF SUPPORT CYPRESS CREEK, LLC Agenda Items 2 & 3 Page 6 0412212OO8 Cypress Creek Stable & Kennel 1628 Mill Landing Road Virginia ~ch, VA 23457 '" .......... Petition for Equestrian Conditional Use Permit. This is a petition for Cypress Creek Stables, conditional use permit, City of Virginia Beach. Boarding and training horses, lessons. day camps, horse clinics. horse shows and dog boarding. Cypress Creek LLC. is a 37.9n acre farm. The farm has a large thirteen slall horse barn, smaU seven stan school pony bam, . hted beginners arena, medium arena, large arena, and PETITION OF SUPPORT CYPRESS CREEK, LLC Agenda Items 2 & 3 Page 7 CUP - riding Academy & CommerCial Kennel 10/10/88 CUP (single family dwelling) Denied Subdivision Vanance Denied 05/11/04 SubdivIsion Variance Granted 07/09/91 SubdivIsion Variance Granted Conditional Use Permit (single family Granted dwelling) ChanQe of ZoninQ (AG-1 to AG-2) Denied ZONING HISTORY CYPRESS CREEK, LLC Agenda Items 2 & 3 Page 8 f.1'I" ~ DISCLOSURE STATEMENT Ir'IJ I APPLICANT DISCLOSURE If the applicant IS a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Sylvia Estes 2. List all businesses that have a parent-subsldiaryl or affiliated business entitf relationship with the applicant: (Attach list if necessary) None o Check here if the applicant IS NOT a corporation. partnership, firm, bUSiness. or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete thIS section only if property owner IS different from applicant. If the property owner IS a corporation, partnership, firm, bUSiness, or other unincorporated organization, complete the follOWing: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) _SylVia Estes 2. List all bUSinesses that have a parent-subsldiary1 or affiliated bUSiness entitf relationship with the applicant: (Attach list if necessary) None o Check here if the property owner IS NOT a corporation, partnership, firm, bUSiness, or other unincorporated organIZation. 1 & 2 See next page for footnotes Does an offiCial or employee of the City of Virginia Beach have an Interest In the subject land? Yes _ No _X_ If yes, what IS the name of the offiCial or employee and the nature of their Interest? Cond~ional Use Pennit ApplicallOn Page 9 of 10 RevlS8d 3111108 i I I z o I I ~ U I I ~ ~ ~ h ~ g: ~ CI':) ~ ~ o I I F--4 I I ~ Z o u DISCLOSURE STATEMENT CYPRESS CREEK, LLC Agenda Items 2 & 3 Page 9 z o I I ~ U I I ......;a ~ ~ F-t ~ 8: ~ CI'::) :::::> ~ o I I F-t I I ~ Z o u "f ';? I DISCLOSURE STATEMENT ~ ADDITIONAL DISCLOSURES list all known contractors or bUSinesses that have or will provide services with respect to the requested property use, Including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) _See attached vendor list. 1 "Parent-subsidiary relationship" means "a relationship that eXists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. 2 "Affiliated buSiness entity relationship" means "a relationship, other than parent- subSidiary relationship, that eXists when (i) one bUSiness entity has a controlling ownership Interest In the other bUSiness entity, (ii) a controlling owner In one entity IS also a controlling owner In the other entity, or (iii) there IS shared management or control between the bUSiness entities. Factors that should be conSidered In determining the eXistence of an affiliated buSiness entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the buSiness entities share the use of the same offices or employees or otherwIse share activities, resources or personnel on a regular baSIS; or there IS otherwise a close working relationsh.p between the entities." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. CERTIFICATION: I certify that the Information contained herein IS true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public heanng. I am responsible for obtaining and posting the reqUired sign on the subject property at least 30 days poor to the scheduled public heanng according to the Instructions In thiS package. The undersigned also consents to entry upon the subject property by employees of the Department of Planmngr,PhT' a.~~_d ""'" the ... ,", .",""",s of process,"" ~"" evaJu"~ ths 8O.'<ation /) .. , }; ~C~ 5"'., A Ls ~ < " Apt)licant'~gnature Pnnt Name Property Owner's Signature (if different than applicant) Pnnt Name Conditional Use Permil Application Page 100110 DISCLOSURE sf.(~M~NT CYPRESS CREEK, LLC Agenda Items 2 & 3 Page 10 Item #2 & 3 Cypress Creek, L.L.C. ConditIOnal Use PermIt for a riding academy, horses For hire or boarding ConditIonal Use PermIt for a commercIal kennel 1628 Mill Landing Road DIstriCt 7 Princess Anne July 9, 2008 REGULAR Donald Horsley: The next item IS Item 2 & 3, Cypress Creek, L.L.C. An applicatIOn of Cypress Creek, L.L.c. for a ConditIOnal Use PermIt for a riding academy, horses for hIre or boarding on property located at 1628 Mill Landing Road and an applicatIOn of Cypress Creek, L.L.C. for a ConditIOnal Use Permit for a commercial kennel on property located at 1628 Mill Landing Road, DIstnct 7, Pnncess Anne. JanIce Anderson: Welcome. SylvIa Estes: Good afternoon. My name is SylvIa Estes. I'm the owner of Cypress Creek. I am here today to ask you to help me be m compliance wIth your rules. I bought the farm m 2001. It has been m operation smce I've bought It. It boards horses. We do lessons, summer camps, some small boarding for dogs. Not a lot. I do have qUIte a few little dogs myself. I want to be compliance. I want to keep my private farm. I put It m the Agriculture Reserve Program yesterday, and as part of the Agnculture program, and I brought the rules WIth me, I'm m compliance WIth them on the horses. The only part that IS not IS the dog kennel because the dog kennel reqUIres a ConditIOnal Use PermIt. The horse facility IS listed as a "P", whIch I believe means proved? I may be wrong. I'm learnmg. I'm here askmg you to help me. There are thmgs that you added. I have no problem WIth the thmgs that my neIghbor has added. I do have a few concerns. One IS "Dogs must remam In the dog kennel at all tImes". Well, I do have a couple of family dogs that run around my farm. All dogs that have been boarded have always been m the dog kennel, and there are only two dogs that do run the farm and they are family dogs. I have no problem WIth what he wants as long as he is pertammg to the dogs that are boarded, and not our family dogs. On the horses? On Item 2 I have a small concern. It is somethmg that I can't overcome. One of the reasons why we are commg to you IS get a permIt so I could do horse shows. I have done everythmg but horse shows. I've spent a tremendous amount of energy and tIme building a very elite facility. I'm trymg to have a facility that operates not Just m our state, but bnngs m people from out of state. The Western shows, whIch we don't currently do m thIS area. I have over 50 signatures of petitions and they all are from Pungo. They are eIther farm owners or neIghbors. All of them understand what I'm trymg to do IS bring in additIOnal revenue and also make our show accessible to the western commumty, whIch right now we don't have. We have a lot of military here that are a lot of western people. Western people take theIr trailers and they come the mght before the show. They park theIr trailer. They set up a tent, a little camp outSIde theIr trailers. Most of theIr trailers have sleepmg quarters m them. And Item #2 & 3 Cypress Creek, L.L.C. Page 2 they do sleep on the property. That is not somethmg we have talked about. It IS somethmg he IS asking for a ConditIOnal Use that I can't do that. I'd really like to see. I am only askmg for six shows out of the year. I don't think that is askmg a lot especially for the SIze of the facility that I have. Most of the horse farms in our area have weekend shows. We go to shows every smgle weekend. None of them are western, whIch means there are not trailers parked on the property where they sleep there overnIght. If I do what I'm trymg do, WhICh IS western, I won't be able to bnng m the clientele. Not from out of town. That IS what I'm trymg to do IS bnng m that clientele. I have 38.9 acres. There IS plenty of room on my property that is not going to mterfere WIth any of the neighbors. I will do everything possible to keep everything as qUIet as possible. I do have a very qUIet, clean facility. I have no problem WIth them mspectmg It. On hIS Item 4 landscapmg. Landscapmg down both sIdes of my property IS something that IS extremely expenSIve, and I would have to move all of my pastures to do it because you can't put the landscaping m WIth the horses, and then you're going to have hurt horses. My property IS really large and everything is to the very back. Let me see If! can show you (pomting to PowerPomt). We do nothmg up front where the neighbors are. Everythmg that we do IS m the back. That IS one arena (pomtmg to PowerPomt). That IS another arena. That IS an mdoor arena and a little arena right there that you can't even see. Everythmg IS focused around those arenas. I have no neighbors here. Tim Lee IS pretty far over here. The other person that wrote a letter is off the chart. You can't even see him. They are way back behind the salt marsh. The salt marsh IS huge. So, for someone to actually be able to say they can hear somethmg from my SIde, I am kmd of surpnsed. I'm begging you to help end thIS. I've spent five years of my life going back and forth, redeSIgning thIS over and over. The last time I was here you asked me to keep It a facility like It IS and not develop It. Well, I did that. It IS m the Agnculture Reserve Program as of yesterday. It was approved. This is the same facility. The only difference IS that I am askmg for SIX horse shows. The dog kennel, and the reason why I'm askmg on the dog kennel IS that I was told that you have to ask once, I don't want to be turned down m the future on my dog kennel because my dog kennel was preexIstmg. The Martm's built it. They raised WhIppets. They sold WhIppets. They boarded WhIppets that they sold. From what I have been told they did not have a Conditional Use Permit. I'm commg here today to ask you for one please. I'm not gomg to grow It bIgger. I'm not ever gomg to move the buildings. I don't want a lot of nOIse. I literally like the seclusIOn that I live m. I do want to do SIX horse shows. I want to be m compliance WIth the City. J amce Anderson: Thank you. SylVIa Estes: I would like the chance for rebuttal please. JanIce Anderson: Are there any questions at this time? Joe. Joseph Strange: What IS the limIt of the number of dogs that you have m your kennel? SylVIa Estes: Sixteen. Joseph Strange: You want SIxteen? Item #2 & 3 Cypress Creek, L.L.c. Page 3 SylvIa Estes: Yes sir. My kennel is the SIze of a small house. It has heatIng, air conditIOning, bathroom, kitchen, laundry room. It IS bIg. It has dog runs that are attached to It where the dogs can come m and out. It was preexIstmg. I thmk the owners spent $50,000 when they built It. That is one sIde of the dog kennel and that faces that back to the water. If you look you can see a sIde pasture. I actually use a lot of the dog kennel for my mImature horses. But I have to apply for a permit because If I don't then I'm m trouble from what I've been told. So, I am applYIng for one. That IS the mtenor of my dog kennel (pomtmg to PowerPomt). Each room has a dog run that goes outsIde. It eIther has a grass run or a concrete run. It IS all sheltered. A 100 percent of it IS sheltered. Mostly, If you were to walk m there today, you're gomg to find my dogs. My parents believe I need love and I have a lot oflittle tmy dogs that every time they VISIt they live at my house. I also rescue dogs. I have one rescue that I can't place. If anyone's heard anythmg It IS probably hIm. My dogs weigh about four pounds. Our rescue IS a Lab and he IS about 80 pounds. But, It IS a very, very qUIet place. Joseph Strange: How many dogs do you have m the kennel now? SylvIa Estes: One rescue and four other ones. They are all mme. Joseph Strange: I understand that you don't want to grow It but you want 16 of them? SylvIa Estes: I want to put a limit on It. I want to come to you and say that I don't want to make my dog kennel grow as an operation because m the future, from what I've been told, I'm to ask one time. When I ask IS that I am supposed to ask for everythmg IS what I was told. So I mcluded the dog kennel, and then they asked me to separate It into two because the dog kennel IS preexIstmg. It IS there. If I was to not ask, then I would have the opportumty to never to be allowed to be used. I would like an opportumty to be able to use It but I would also like to limit how many dogs are gomg to be there forever. I figure that was faIr and reasonable. I counted the kennels, and I put two dogs per room. It IS a big kennel. I mean It'S not a bIg commercialized kennel. I'm not askmg for a bIg commercIalized kennel. I'm askmg for what I already have. Jamce Anderson: Ms. Estes, on these conditions that they placed Just on the kennel part, your fine wIth all the conditIOns? There were five conditIOns that your neIghbors wrote except on number 3 you're saymg you want Just boarder dogs must remam m the kennel and cannot roam on the property? SylvIa Estes: I'm not movmg the kennel. The dogs do come m at mght. Now, are we only talkmg boarders because I do have a couple of farm dogs? Jamce Anderson: Yes. Okay, so that IS what you would want us to see on three. You would want It changed to say boarder dogs. SylvIa Estes: If you could make It to where It is about the boarder dogs and I won't expand to anythmg, then yes, I'll agree to it. Item #2 & 3 Cypress Creek, L.L.C. Page 4 J amce Anderson: Are there any other questIOns? AI. Al Henley: Your existing kennel, how many dogs would your eXIsting kennel accommodate? SylvIa Estes: Oh, much more than 16. Several of these rooms are 12 x 12 or larger. The mtenor rooms, whIch you can do five little dogs in one of them. Al Henley: So, you want to have a total of 16 dogs? SylvIa Estes: I want to do a total of 16. Al Henley: That mcludes your five eXIstmg dogs? SylvIa Estes: Yes. Al Henley: So, It is 11 dogs additIOnal? Sylvia Estes: Yes. And I doubt very senously that I will ever have 11 additIOnal dogs. I Just want to make sure that If I'm domg thIS I'm putting a stIpulatIon on how bIg It can get so It doesn't go away. Jamce Anderson: Go ahead Don. Donald Horsley: Karen, can you back up to the shot where It shows the pastures and all the green? Now, take your pomter and show me where you are gomg to park these trailers that you say have to spend the mght? SylvIa Estes: For western, It IS over here. And there are trees nght here and backmg up the houses behmd me. And I have talked to the neIghbors m front of me, and they did not have an Issue. I did speak to Floyd. He didn't have an Issue WIth the horses. He had an issue wIth the dog kennel. Today was the first that I saw about the horses. But here IS where I put them if I had an overnIght. That IS somethmg that I'm tryIng to do. I'm not gomg to tell you that It is gomg to happen overnight. It may take me months to build up that kmd of clientele. It could take me years. But, I did build a facility that IS OlympIC SIze. A lot of the kids that work wIth us, and even my own children, want to compete m the OlymPICS. Our kIds actually show at the hunter shows. They go to colleges locally. We have several colleges that offer equestnan schools, and that IS what I'm workmg towards. Donald Horsley: I understand all of that. I am Just concerned about these overnIght stays. Sylvia Estes: I don't have to do It. But It would stop me from being able to reach out to the other surrounding areas and bringmg in that type of clientele. Donald Horsley: I am concerned about the magnitude of these horse shows that you want to Item #2 & 3 Cypress Creek, L.L.C. Page 5 have. I mean, Mill Landing Road IS not a very huge thoroughfare through there. You go put these huge horse trailers m there, and I know because I've seen a bunch ofthem, and we have some ourself. But, you know we don't need a whole lot of traffic like that on Mill Landing Road. That IS a concern that I have. Sylvia Estes: That IS why we limIted It to SIX tImes a year. Donald Horsley: I understand that. But I want to know how many. SylvIa Estes: How many people? Donald Horsley: How many partIcIpants do you plan on havmg? SylvIa Estes: Trailers? The other shows that I went and I talked to each of the other barns in our area. They say they have about 300 total partIcIpants. I didn't ask how many trailers. I would assume at the most, maybe 20 or 30 trailers for a horse show, and that IS assummg but I haven't actually gone out and looked. Donald Horsley: So, you're thmk you are gomg to have 20 horse trailers If you got 200 or 300 partIcipants? SylvIa Estes: But they wouldn't be spending the mght. Donald Horsley: I'm talkmg about horse shows m general. SylvIa Estes: In general, I would say 20 to 30 tops. That would be at most. Donald Horsley: Trailers? SylvIa Estes: Yes SIr. Donald Horsley: For 200 to 300 people? SylvIa Estes: Well, a lot of people bnng cars, and we take one trailers and then we bnng cars wIth all the kids m it. We Just trailer horses. Donald Horsley: So, I know that trailers carry more than one horse so everyone ndes the same horse. Sylvia Estes: Well, a lot of people. For mstance, If! go to a horse show I'll take 2 to 4 horses. I may have two students nde the same horse m multIple shows. Donald Horsley: RIght. Item #2 & 3 Cypress Creek, L.L.C. Page 6 SylVia Estes: So, they are in the same show but they are m different divisIOns. So, they do nde the same horse. Donald Horsley: I understand that. I Just want to know the magnItude because I don't want to put somethmg m this commumty. We don't need another Pnncess Anne Park sItuatIOn to develop down here. The way you get the magnItude of somethmg like that. We just don't need that. We don't have the roadway to handle It. I think that IS in a neIghborhood that I don't thmk you want to put somethmg like that m It. Small horse shows, you now somethmg like that, I don't thInk It IS a problem with that but It'S the magnItude of the show that I want to try to get into the scope. I'm not sure we have that. SylvIa Estes: Mel Atkmson, who helped me WIth all of thIS, he asked me If! would make sure, and I promIsed hIm a few thmgs. I put it m wntmg and I sent It back to them through emails so it could be legal. I'm not gomg to make thIS mto a CIrcus. I'm going to make thIS mto a very professIOnal horse show. That IS what I want to do. I'm not going to do anythmg that IS bIg. I'm not gomg to bnng in any type of carnIval thmgs. ThIS IS a horse show. I'm not gomg to go crazy WIth. He asked me to slowly, grow it. I only want SIX days. Six shows. That IS It. Donald Horsley: SIX weekends? Sylvia Estes: Six weekends. Donald Horsley: Okay. Joseph Strange: What tlme of the year do all the shows take place? SylvIa Estes: Shows take place all year round. It Just depends on what season you are choosmg. Mostly m the spring and fall are your shows like thIS. There are summer shows dunng the summer. We do summer camp, WhICh they drop then kIds off at 9:00 m the morning. They pICk theIr kIds up after work. It IS Monday through Fnday. Joseph Strange: But, the SIX shows would probably be m the spnng and m the fall. SylvIa Estes: Spnng and fall and early summer. It would be late summer because It IS too hot to be m the mIddle of summer. Then we also are part of the AQHA showmg that IS bemg done here so we do show here as well as on the other farms that are here. Jamce Anderson: Kathy? Kathy KatsIas: Could you explam Item 2? You saId that you're not m favor of the overnight lodgmg. SylvIa Estes: I want to do a western show. Item #2 & 3 Cypress Creek, L.L.C. Page 7 Kathy KatsIas: A western show where people come wIth then trailers and they want to spend the mght? SylvIa Estes: They spend the night. They come the night before. They set up theIr trailer. They spend the mght. A lot of them come from different states, other citIes. We don't have a western commumty in VirgmIa Beach. We do wIth Oceana wIth our military though. Kathy KatsIas: So, If we made one of the conditIOns where would they go? There wouldn't be any 10dgmg overnight. SylvIa Estes: They would probably go to hotels. I would have to make stalls available for theIr horses or board their horses in field pastures. Kathy KatsIas: So, would all of these horse trailers, and all of these campers, would that area that you outlined house everythmg? SylvIa Estes: Oh, yes ma'am. Kathy KatsIas: Okay. So, how many trailers could you fit m there? SylvIa Estes: You could fit a lot more than what I'm saying. That IS quite a few acres. If you split my farm down the mIddle, it IS almost 40 acres. It IS 38.9 acres. You split It nght down the mIddle. ThIS IS 22 acres here (pomtmg PowerPomt), and thIS IS 17 or 18 acres here. You wouldn't need any more than Just that to put the trailers m. We're 100kmg at thIS for parkmg and thIS for parkmg for cars. Horse trailers here and horse trailers here (pomtmg to PowerPomt). Ifa show really does have horse trailers, we wouldn't even need thIS. We have enough room nght there for horse trailers but If we were to do an overnIght show, we would put them nght here (pointing to PowerPoInt). I'm not sayIng that all six shows are gomg to be overnIght shows because I've got to build up that clientele. I'm not gOIng to get it mstantly. I've Invested a tremendous amount m these arenas. They are show quality arenas. They are OlympIC SIze and they have full course of Jumps. Anythmg you can want IS there. It is supposed to be IS a tramIng facility. Kathy KatsIas: So, If we mcluded that as one of the restnctIOns, you can come back and modify and request overnIght stays. SylVIa Estes: Okay. J amce Anderson: Are there any other questions? Donald Horsley: The comment I thmk Barry made a note. You can come back and ask us for a couple of more things. It IS not one a shot do all. SylVIa Estes: Okay. Item #2 & 3 Cypress Creek, L.L.c. Page 8 Donald Horsley: You can modify your Use PermIt. SylVIa Estes: Okay. Thank you. Jamce Anderson: Thank you ma'am. Donald Horsley: We've got Tim Lee. Tim Lee: Good afternoon Madame ChaIrman and members of the Planning CommIssIOn. Ed Weeden: Sir, your name for the record? Tim Lee: Oh yeah. My name is Tim Lee. I live at 1660 Mill Landing Road. I live at the property to the left of the yellow box you have there (pomtmg to PowerPomt). Also, I represent my father-m-Iaw who lives on the nght sIde. I wrote a letter. I thInk most of you have seen It. I don't thInk I need to take up a whole lot of tIme on it and on how I feel about thIS thmg. I'm very much opposed to the kennel. Kennels m nature are very nOISY. SIxteen dogs are a lot of dogs, and then when you add the shows and everythmg else that will be gomg on, It can get very loud. The onginal owner that had that property did not use It as a kennel. He had some WhIppets that he kept on the property, and that was the sole purpose. When that property was purchased by the ongmal owner, It was strictly a farm. He converted It into a horse farm where he boarded just a few of hIS own horses. When the Estes brought the property, they increased the barns that were origmally to house tractors. They tumed them mto stalls. It increased the amount of horses that could be kept there and added stalls. I don't have a problem wIth the horse shows. I just do not want to see a kennel. I have a problem with the overnIght lodgmg. It IS a reSIdentIal area, and as you see on the plan that she submItted, you've got trailers that are gomg to be parked next to houses. You also have food courts they requested. And, I understand that they are gomg to be temporary They will be tents. They won't be structures. Am I correct there? J amce Anderson: Yes. Tim Lee: So, I don't thInk I need to take up a whole lot of tIme on how I feel about my contentIon on this because you got my letter. If you have any questIons for me, I'll be happy to answer them. Jamce Anderson: Mr. Lee, I don't know about thIS western show but the overnIght campmg that was requIred. I think that would be associated wIth the one of the SIX horse shows. It wouldn't be like If anytIme anybody wants to come they could camp there If they wanted to. Tim Lee: I thInk one of the thmgs that you've got to conSIder IS there are SIX shows withm a year. You're also cuttmg the year m half. Jamce Anderson: Because It is just two seasons? It's the fall and the spnng. Item #2 & 3 Cypress Creek, L.L.c. Page 9 Tim Lee: Yes. So, basIcally what you're saYIng IS that you're gomg to have shows dunng six months of the year. You're only allowed to have six shows so you're gomg to pile up all the shows up mto sections ofthe year so almost every weekend m the spnng and fall I'm going to have a trailer park next to my house. And that IS my concern. That was part of the reason for the landscaping to cut down on some of the noise and the dust that would be created by that. Jamce Anderson: Are there any questIOns for Mr. Lee? Thank you sir. Tim Lee: Okay. Thank you. Donald Horsley: There are no other speakers. Jamce Anderson: Okay. SylvIa Estes: I understand Mr. Lee's concern about the nOIse and dust. We're gomg to leave our fields as pasture and we're going to keep them as pasture because we do use our fields. So, there IS not gomg to be dirt fields. I take very good care of my fields. And they are very green as you have seen them on the pIctures. I will contmue to do that because these are ammals. There was hIS concern about the number of horses. When we did buy the farm, we did redo the existmg barns, and we did add stalls. By the rules, I thInk I'm allowed 100 horses. I've never had more than 20 on the farm, and I will never have more than 40 on the farm. I'm trying to stay well below the City standards and the City rules, and I believe I have done that. As far as the overnIght, If that will make everyone happy, I will gIve It up. I want to move forward. I don't want to keep postpomng. I have worked on this for five years. And, I really like to say It'S the rules. This IS what I got to follow. So, I know what I'm domg, and I am followmg gUIdelines. So, anythmg that I can do to please aSSIst thIS to go through, I would like to do. JanIce Anderson: Thank you. Are there any questIOns for Ms. Estes? Don. Donald Horsley: ThIS conditIOn 2, m the staff report, they are talkmg about your horse shows. The horse shows shall be oriented to students of the nding academy and the local horse stables and nding academy. That's not a good statement IS It? Sylvia Estes: It IS not a good statement but It doesn't say you can't. It says onentated too. It IS. There are a lot of students that would be partIcIpatmg from our farm as well. Donald Horsley: I don't thInk. there IS a problem there. But how large thIS thing is gomg to get IS I thInk IS what the bIg concern that's been relayed to me m the commumty. How large is thIS thmg gomg to get? If you can help us WIth that, I think we will be getting somewhere. SylvIa Estes: How large is It gomg to get? Item #2 & 3 Cypress Creek, L.L.C. Page 10 Donald Horsley: If you can help me with the SIze of these horse shows and thIS overnIght stay, I thmk m keeping the boarded dogs InsIde, I thmk we can get somewhere. SylvIa Estes: Okay. I can do that. Donald Horsley: I'm not sayIng that I'm for It or against these thmgs, I'm Just relaying concerns that I've heard. SylvIa Estes: My only concern is that we're really truly tryIng to do a top notch facility, and bnngmg m competItIOn for these children so they can really compete m the Olympics. That IS what we're really trying to do. We have several students that have already gone to college, and are on equestnan teams competing. So, If you're askmg me not to advertIse outsIde of our CIty, that doesn't help these children advance. ThIS IS about advancmg these kIds. As far as overnIght stays, I can stop that. Now, there will be horse trailers parked there. There won't be people. They'll be horses. Is there a problem wIth that? Donald Horsley: I don't thmk that IS a problem. SylvIa Estes: Okay. That I can do. If you're asking me not to advertIse? Donald Horsley: I'm not askmg you not advertIse. I need some tIme of a figure to know how many particIpants. SylvIa Estes: You mean how many people? Donald Horsley: Yes. SylvIa Estes: We already saId 300 to 400. That IS what the shows are pulling in here locally nght now. Donald Horsley: 300 to 400 people equate to how many horse trailers on Mill Landing Road? SylvIa Estes: We were figunng 20 or 30. That IS what I saId a while ago. I've not gone out and asked the other barns. I did call the other barns like I was asked to do. I did go through the procedures but I did not ask them the questIon of how many horse trailers are on the property dunng the show. I asked them how many people. Donald Horsley: 300 or 400. You're not talkmg about participants? Or you are talkmg about partIcIpants? Sylvia Estes: I'm talkmg about partICIpants and people who come to watch because people do come to watch thIS. Item #2 & 3 Cypress Creek, L.L.C. Page 11 Donald Horsley: RIght. A few people do that. Yes. And, my mam concern about that IS related to the horse traffic on Mill Landing Road, which IS a very narrow road you know. SylvIa Estes: That IS why I'm saymg 20 to 30 trailers. You couldn't do more students than that m the show. You mIght have more people dnving cars than you do horse trailers. And, I hope to be able to gIVe back to the commumty by advertising wIth the Navy to have a country place to go. We have a pettmg zoo. We want to do sack races. We want to be a country farm that offers all diSCIplines, WhICh we don't have. Western IS a bIg diSCIpline. It IS what I grew up wIth as a kid. We didn't have hunter. It IS different. I would like to bnng that to our community and offer it to our servIce people that are here. That IS how they nde. Most country folk nde western. I'm from Missoun. We didn't have English. I would like to be able to bnng that clientele to Pungo. Donald Horsley: Okay. So, you're m agreement to most ofthe conditIOns. We are gomg to do away with overnIght. We're gomg to keep all boarded dogs mSIde. SylvIa Estes: Um hmm. You're not askmg me to landscape 40 acres? Donald Horsley: No. I don't thmk we can do that. SylvIa Estes: Thank you. Donald Horsley: Anywhere that you could do somethmg to help allevIate Mr. Lee's concerns, I'm sure on a voluntary basis would be greatly appreciated though. Let's put It that way. SylvIa Estes: Okay. Donald Horsley: Okay. The staff conditIOns and you're gomg to come back m a year for a reVIew. In one year. SylvIa Estes: Yes SIr. Donald Horsley: Okay. I guess we got away wIth all that we can get out of that. JanIce Anderson: AI? Al Henley: Mr. Lee stated, one of your next door neIghbors, and I'm sure you know Mr. Lee, he already said he doesn't have a problem wIth horses. I don't know many people that do. However, he does have a concern wIth the kennel. I know It IS one of the most Imtating things that you can hear at 2:00 or 3:00 o'clock m the mornmg. One dog starts barking and all of them start barkmg. We had one of those m my neIghborhood. It IS extremely Imtatmg. Would it be possible that we could put a one year review on the kennel and depending on how well that IS managed, on the sound, and then come back and we can SIt down after Item #2 & 3 Cypress Creek, L.L.c. Page 12 twelve months of operatlon on the kennel, assummg that you have 16 dogs during that year penod, if we do that and put it as a condition? Jamce Anderson: Have a one year revIew? Donald Horsley' That's a conditIOn already. JanIce Anderson: I thought It was gomg to be the whole thmg. Al Henley: It's not. Jamce Anderson: A review of the whole thmg. Al Henley: I'm fine wIth that. Jamce Anderson: Okay. Phil. Philip Russo: I would Just like to go on record. I thmk, as far as the horse shows, I thmk IS somethmg we should be promotmg. As the City becomes developed we should be lookmg to promote thIS espeCIally If there IS the western Issue, which is not present m Virgmia Beach. My concern is With preventing overnight is we are either gomg to do two thmgs. We're eIther gomg to effectlvely elimmate these shows because no one is going to want to come If they can't stay overnight, or we're gomg to move the bottleneck somewhere, and these people With trailers are gomg to have to go get hotels somewhere. You're gomg to have those trailers cloggmg up traffic. So, we're really advocatmg more than what she IS askmg for more now. But, I thmk we're bemg a little too restnctIve before we actually see If there is a problem. There IS some way we can reVIew everythmg. Let her have the overnights and then reView that m a year, and let's see if there is a problem. SylVia Estes: Can I ask a questIOn? And you can tell me I'm wrong. I've got thiS City ordinance. Part of the restnctIOn and thiS is under the Agnculture Reserve Program, as part of the City's rules, WhICh I'm kmd of surpnsed that I have to get a permit. I've been asked to get a permit so that is why I'm here. But the rules say that It is already pre-approved for the horses. Donald Horsley: Not the boarding horses. SylVia Estes: Recreation amusement actiVities as speCified and subject to proviSIOns and number "C", agriculture related recreatIOnal amusement actiVities such as farm first, pettmg, feeding, VIewmg farm animals, hay ndes, crop mazes, animal walks, horse and pony rides, and other SImilar activities should be allowed under the followmg conditIOns. Carolyn SmIth: Excuse Ms. Estes? I thmk that is the ARP. Sylvia Estes: Yes. Item #2 & 3 Cypress Creek, L.L.C. Page 13 Stephen White: Well, they are two separate thmgs. We have the ARP easement whIch allows you to do something but you still have the zomng ordinance requirements that you have to comply wIth. That IS what thIS IS about. They are two separate thmgs. SylvIa Estes: Doesn't thIS tell you that "C" means ConditIonal Use PermIt. "P" means permItted? Jamce Anderson: Yes. SylvIa Estes: So, does that mean that I need a ConditIOnal Use PermIt? JanIce Anderson: Yes ma'am. Sylvia Estes: Even though It says it IS permItted. Stephen WhIte: What IS permItted? What IS It that you're reading? Jamce Anderson: You mean the nding academy and boarding horses. Stephen White: That IS what you're here for. Jamce Anderson: That IS what It IS for. SylvIa Estes: That IS why I'm askmg. Janice Anderson: RIght. You're fine. SylVia Estes: One thmg says permitted and one thmg says ConditIOnal Use. So, I've been confused about what I'm supposed to do. Donald Horsley: You can have your own horses but when you go boarding horses is when you got to have the Use PermIt. Jamce Anderson: RIght. SylVIa Estes: Okay. Donald Horsley: Am I nght Mr. Macali? Bill Macali: I think so but let me check. In any event, I thInk that four to one "C' has some conditIOns that wouldn't be met under a permItted use scenano. Jamce Anderson: Ms. Estes, while he IS lookmg that up, I thInk Mr. Strange has a questIOn. Joseph Strange: I disagree with Phil. I believe that If we don't allow her to do somethmg, Item #2 & 3 Cypress Creek, L.L.C. Page 14 we're not going to know If we like it or not. You know? So, I was going to say let's allow her to have at least one show Just so we could see what happened. But, he is saYIng let her have more. So, I would even support that. But, I think that If It IS gOIng to come back In one year, then we will have somethIng then to talk about somethIng that If someone really has a problem then they could come In and say, okay, she had these shows and these are the problems that we had. And then maybe we can make some modificatIons to It. Ifwe don't allow her to do It, then how are we gOIng to know what to modify? J amce Anderson: Gene. Eugene Crabtree: It seems as though the contingent IS the western shows where there IS gOIng to be overnIght parkIng and overnIght camping. She IS only gOIng to have SIX shows a year. How many of these SIX shows are going to be western? Is It one? Is It two? Is It all of them? SylVIa Estes: No SIr. I was hopIng three. Eugene Crabtree: Okay. So, It will be half of them? So, Ifhalf of them are western we are only talkIng three weekends a year scattered out that she is gOIng to be dOIng thIS, and she IS gOIng to have thIS type of show. And like Joe says, If we don't allow her to do it, we don't know whether it IS gOIng to work or not. Ifwe say "no" now, and I thInk everyone on this CommISSIOn knows I've turned the entIre southern part of the CIty to start cultIvation and to horse farms, but that's beside the pOInt. Ifwe don't let her do It, we Just don't have a stand. So, I would say let's go ahead and approved the entIre thIng, and Just have a year reVIew on it. At that time, we'll know whether It works or not. Ifit doesn't work, we'll get rid of it. SylVIa Estes: I'll do my best to keep the nOIse down and to keep It as clean as possible and very little Issues as possible. Jamce Anderson: I kInd of agree WIth Phil also, and I don't thInk there IS an obJectIOn. There are gOIng to be trailers out there because they're gOIng to be horse trailers, and If there are gOIng to be people there overnIght Just so they can attend the next day. Instead of havIng to make four tnps to that property, they're only there once and they stop there. You are gOIng to have trailers there anyway. But I do understand what Mr. Horsley IS saYIng. It IS really volume that really scares everybody. Are we talkIng about a thousand? There IS no limIt on It the way It really IS, and so It can be Just a huge thIng, and like your neIghbor's concern, we don't want to see a CIrcus out there. And, I know that IS not your IntentIon but It IS the volume. If It was all these little thIngs by themselves, I don't thInk It would cause a problem. The maIn thIng IS the volume. SylVIa Estes: I understand. JanIce Anderson: So, I belIeve there needs to be some kInd of restnctIons but defimtely the reVIew, and then maybe we can fine tune It, like you Said in a year. Item #2 & 3 Cypress Creek, L.L.c. Page 15 SylvIa Estes: I thmk It IS gomg to take tlme before It can even grow to that. J amce Anderson: RIght. SylvIa Estes: I mean, I'm Just startmg out. This would be my first show. And, I'm gomg to start local, and then I'm gomg to advertIse m North Carolina and South Carolina, and try and bnng in the western from there. JanIce Anderson: Yeah. What I would propose, rather than just a normal admlmstrative reVIew of compliance WIth the conditions, that we review for additional conditlOns because we don't know, so It can be changed that whatever conditlOns we put on It now are amended and we can come back as long as she complies WIth them, that If something comes up then we can add other conditlOns as we go. Barry Kmght: Jan, thIS IS the sltuatlOn where we've got, what we call "rural servIce area" and It is close to half of the area ofVirgima Beach. It is tremendously umque. It is not like you live m a neIghborhood or like you live up m Budneck Pomt or you live m Aragona Village, It IS unique down here. And It seems like Don has lived down there for many, many years. I have. Al Henley has been there longer then anybody, I thmk. It IS a unique place down there and you really have to live down here or spend a lot of tlme down here to understand how these thmgs go. There are a lot of horse shows down here. They are run well. They're up on Pnncess Anne Road where they've got good wide roads, and they have a lot ofland down here. I guess It IS a matter of defimtlOn. Don, Al and I, we don't even thmk a lot ofland until we we're talkmg about 100 of acres down here, so m a sltuatlOn like thIS, m my opinion, Don IS nght. We need to work on a number to limIt the number of particIpants and horses. Maybe Ifwe can't do it here, maybe m conJunctlon with the Agnculture Department, they can do It between now and Council. But, when you go down Mill Landing Road, and you get down where It intersects with Nanny Creek Road, It IS a terrible couple of "S" curves. There are a couple of blind curves down there, and these bIg dually trucks WIth these horses trailers behmd them, when you're unfamiliar WIth the road. We got some farmers down here that dnve tractor trailers around there but they have been there forever, and they understand it. These people maybe aren't sure exactly where they are gomg, and they might veer along SIde the road, so we kmd of need to be aware of that. As far as the number of particIpants and horses, I think that is somethmg we're gomg to have to look at. As far as leavmg these conditlOns the way they are, I can't be m favor of that because Ms. Estes says she has to grow herbusmess. Ifmaybe, wlthm thIS first year, we don't have anythmg representatlve to look at what thIS thmg may grow to m four or five years from now. So, I certamly can't be m favor at this tlme of any overnIght guests staying there. Bnng the trailers, park the trailers. Ms. Estes will care for the horses. LimIt the number. Let them go to a hotel or someplace else's like all the rest of the horse show around there. There is a lot of competltlOn on weekend for horse shows. Because Ms. Estes saId, there IS a limited number of days you can have because of the weather sltuatlOn down there. The other thmg that I don't know kind of wonder about IS the SIxteen dogs because Ifwe were to approve It. We have two options. Sixteen dogs and m a year's time we have problem, at the year reVIew, I guess we can knock It down. The other thing that I wonder IS Ifwe approve It for Item #2 & 3 Cypress Creek, L.L.c. Page 16 12 dogs and It IS a problem then, then we can go down from there. Ifit IS not a problem we can let her have four more dogs. We have modification of conditIOns. People come here all the time. That IS not a problem. It Isn't a one time here you are and that is It. SO, from my perspective, and I think I'm echoing what Don says, and I feel like what Al does to down there, we need to look at the number of particIpants and horses between here and Council. And I'm certamly not m favor of people spending the mght over there. I Just cannot support that. So, that IS kmd of where I am. J amce Anderson: AI. Al Henley: I'm not m favor of overnIght campmg. In the mformal seSSIOn, I questIOned that. I will tell you that there have been vanous campgrounds not to many miles down the road at the Carolina line. And, that accommodates the recently renovated four or five years ago, and I understand that It IS a nice establishment. That would be closer to the people who will have campers. And they could come by car. The other campground IS KOA. I guess It'S the closest on General Booth Boulevard and IS qUIte a ways away but I think what we're talkmg, and you have already mdicated you want to go nationally WIth thIS thing. Hopefully bnng m some clientele m from all parts of Carolina and so forth. So, we never know one year from the next, as Barry was saYIng, It IS never gomg to give us the true review on exactly what the capabilitIes of this turning m to. It may be very successful. And you may have 300 or 400 people out there. As Don was saYIng this road IS extremely narrow. You know that because you live there. On top ofthat, and I reIterate, Pungo IS a very tranquil area. And the reason why the people have remamed there for generatIOns IS because of that. And also the people who live there IS because ofthat. That IS probably one of the reasons why you live there because It IS a tranquil settmg. People get along normally very well m a commumty, and we're not talkmg a dead city. We know people by first names 30 miles from where we live at. That IS our commumty. Where other people have a commumty m Birdneck or Aragona, or someplace else, and that IS fine because that IS theIr commumty. ThIS IS our commumty and we chensh It a great deal. And we're very careful of who goes there, what they do and how they do It because of offending your next door neIghbor. And, If we do that then we wouldn't have to lIve WIth that on our conSCIence. Is that the best thmg that we can do for our commumty and as the City as a whole? So, we're 100kmg out for your interest. We're lookmg at for our commumty's mterest, and we're lookmg, above all, the City ofVirgIma Beach and the safety of our CItizens. Thank you. Jamce Anderson: Thank you AI. Dave. DaVId Redmond: The long and short of It IS, I concur WIth Mr. Horsley. I was uncomfortable frankly thIS mornmg that we didn't qUIte have our arms around thIS, and I'm still uncomfortable about that but I will defer to your Judgment because you know the territory an awful lot better than I do. I will say thIS that one of these conditIOns says there shall be no more than SIX horse shows per year. Horse shows shall be onented to the students of the nding academy and local horse stables and nding academIes. All parkmg for the horse show attendees shall be located on SIte. You just indicated to us that, I thInk that you want to go to North Carolina and you want to take thIS natIOnally. That would strike me to be sort of Item #2 & 3 Cypress Creek, L.L.c. Page 17 contradictory to one of these conditIOns, whIch says that It would be onented towards local nding academIes and the local population. SylvIa Estes: It IS onented for these kIds because these kids locally will be competmg agaInst other kids. So, they can actually go to college and be In that type of competItiOn, whIch is what these kIds are strivmg to do. If you want me to Just have a local horse that IS Just for locals. That IS why I asked a while ago. I want to bring m western. We don't have western here. I will be the only western farm that IS here. Oceana has a lot of military and they do have a lot of western nders. They don't put on a horse show farm. So, yeah, I would be opening up to the western because I'm western. David Redmond: Why don't you take 10 seconds and explam to me what that IS. I don't know what that IS. I don't know what that means when you say western. SylVIa Estes: It is a different saddle. Hunter IS a course of Jumps where the lads do a course. They Jump over different Jumps. They get lead changes. It IS a different saddle. There is no horn. Western has a horn. It has barrel racIng. There are barrels up m the field. They look around three barrels and then run out to the end. It IS all about time and not knockmg over the barrels. They are western pleasure. There IS walk/trot. They walk theIr horse up to a mailbox. They open up the mailbox. They shut the mailbox. Ropmg a cow that they're chasing around m the arena, and they rope It. That IS western. DaVId Redmond: I appreciate that. My pomt about thIS IS I only note, and I don't want you to be Immediately upon domg thIS m VIOlatIOn of thIS conditIOn because thIS sounds to me qUIte different then what you suggested, whIch IS you want to kind of take thIS nationwIde and see how many people you can attract. It doesn't sound like conditIOn two to me. My own VIew, and I kind of share Mr. KnIghtS' concern about Mill Landing Road. That is a narrow road. That IS an awful lot of folks commg and gomg. I would be, frankly mclined, not to support the applicatIOn at all but for the fact that these guys are comfortable wIth it, and they know it better than I do. Nonetheless, I'm concerned about that too. I do thInk we ought to take the one year reVIew really, really, really senously and make sure that If we have a problem It IS doable. I would support it but only with the condition that Mr. Horsley raIsed about elimInatmg the overnIghts. I would just ask the staff that we have that on a bIg bright marquee WIth mce bnght bulbs. We got to look at these thmgs very carefully. I don't want someone to get hurt or killed, Lord forbId, on Mill Landing Road. J amce Anderson: Thank you Dave. Donald Horsley: First of all, I want to commend you because you did exactly what we asked you to do. You went back from the last time when you came with your development and you went back. You went the ARP route and I commend you for that. You've done a good Job and I appreCIate you domg that. And we do promote. These guys may thInk that I'm not promotmg their horse mdustry but I am promotmg the horse mdustry. My mam concern here is addressing the concerns that I've heard WIthin the commumty and the safety on Mill Landing Road from a lot of these trailers. I mean, If we started hauling all these gram trucks Item #2 & 3 Cypress Creek, L.L.c. Page 18 wIth these contamers that would not be a very good sItuation either. So, we wouldn't want that to happen. We wouldn't want to put a bIg grain operatIon up m Backbay eIther. SylvIa Estes: No, we wouldn't. Donald Horsley: So, I'm trying to help you out all we can to get you to accomplish what you're lookmg for. So, it appears to me that hopefully you're willing to accept that the conditions that Mr. Lee put m hIS letter. I don't think there IS a problem with them. The kennel would not be expanded or moved. All ammals must be kept mSIde at mght. Now, I'm thInking all ammals. I'm talkmg about boarded animals. SylvIa Estes: Are we only dogs? I have horses that go out at night. Donald Horsley: We're talkmg dogs. J amce Anderson: ThIS IS Just for the kennel. SylvIa Estes: Okay. Just the dogs. Donald Horsley: If dogs are allowed to do the actIvItIes dunng the day you wouldn't move them. The city IS gomg to momtor. The no food courts and I've been told they are temporary but we will still keep that m theIr as a condition. Sylvia Estes: That IS fine. Donald Horsley: And, no overnIght. I mean, you can come back. If you get very successful with your western and you want to come back and ask for overnIght and you've presented to the neIghborhood that you're doing a good thmg down there, and you really want thIS overnIght and persuade them and they come back, I'll be willing to re-look at that. Okay. Then go WIth the conditIOns that staffhas m ItS packet. Are you good WIth all those? SylvIa Estes: Yes SIr. Donald Horsley: And m between this and Council m some kmd of way you need to get WIth the Agriculture Department and see if we can come WIth some type ofa magnItude of how large you would like to get WIth these shows because I thInk that is a concern for the safety on Mill Landing Road dealing with the traffic that IS gomg to be generated through there. And, the overnIght, and the only reason I Said overnIght IS because If I was a neIghbor, I wouldn't want to have SIX weekends a year, WIth the potentIal. It may not be but potentIal SIX weekends a year havmg a campground beSIde my home. I wouldn't like that very good either. That IS what It could amount too. But we have other facilities that can accommodate the overnIght guests m the area, I'm sure. So, are we clear on those conditions? Jamce Anderson: Is that a motion? Jay. I, I I Item #2 & 3 Cypress Creek, L.L.c. Page 19 Jay Bernas: Before you make a motion, would you consIder on conditIOn two to clanfy CommiSSIOner Redmond's comment about what she IS trying to do? Because conditIOn two, I would consIder eliminatmg the second sentence because It IS kmd of confusing about what she IS saymg wants to do. Donald Horsley: That IS fine. No more than SIX shows a year. Because I'm thInkmg that some ofthese western shows are gomg to have adults too. And this kmd of mdicates that IS a bunch of kIds. SylvIa Estes: Yes SIr. Donald Horsley: Is that nght? SylvIa Estes: It IS 90 percent kIds m Hunter, and western IS about a 50/50 mIX. Donald Horsley: So, If we scratched out that would better fit the sItuatIOn I thInk. Keep the first one and scratch the rest. Is that what you're talkmg about Jay? Jay Bernas: Yes. Donald Horsley: I thInk you're good there. Barry KnIght: I'll second Don's motion. Jamce Anderson: A motion wIth those additional conditIOns by Don Horsley and a second by Barry. And one of the conditIOns IS to come up WIth some sort of number between now and Council. Donald Horsley: Uh huh! Jamce Anderson: DensIty or concentratIOn of these SIX events. Donald Horsley: Get wIth the Agnculture Department, and if they want to confer wIth us that would be fine. SylvIa Estes: Okay. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE Item #2 & 3 Cypress Creek, L.L.C. Page 20 KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved the applicatIOn of Cypress Creek, L.LC., wIth the conditIOns as modified. i i: I \1EM L..-+'J July 8, 2008 City of Virginia Beach Plannmg Department Attn: Carolyn Smith, Staff Planner 2405 Courthouse Dnve Virgima Beach, VA. 23456 Re: Agenda Items 2 & 3 Cypress Creek LLC Dear Mrs. Smith: I am wntmg thIS letter m regards to the conditIOnal use permIts submItted in the name of Cypress Creek LLC, agenda Items 2 & 3 on behalf of myself and Floyd and Betty Waterfield. Weare the property owners to the nght and left of the property located at 1628 Mill Landing Road. We have some concerns regarding the conditIOnal use permIts submItted whIch I will address below. 1. ConditIOnal Use Permit for a CommercIal Kennel. A. We are strongly opposed to the approval of a commercIal kennel at thIS locatIOn due to the nOIse these kennels can generate. This commISSIOn m the past has disallowed thIS type of operatIOn at a reSIdence approxImately 1 mile away on Nanney's Creek Road. I would ask that the comrmSSIOn be consistent WIth previous rulings and disallow this request. B. It was stated in the conditional use permit that this IS an eXIsting kennel ofthe prevIOUS owner. ThIS IS not a correct statement. The previous owner kept Ius own dogs at thIS locatIOn and never used the SIte as a commercial kennel. C. When the property owner contacted me for my support of her permIt whIch I gave, she never mentIOned anything about the operatIOn of a commerCIal kennel. She SImply asked If I was opposed to the boarding of horses and horse shows. D. If this CommiSSIOn chooses to approve thIS permIt I would request the followmg conditions be met. 1. The Kennel can not be expanded or moved. 2. All animals must be kept inside during the mght hours. 3. All dogs must remain III the kennel and can not roam the property. 4. If the dogs become loud due to the activities on the property regardless of the tIme of day they are to be moved in doors. 5. City ofVirgmia Beach to momtorthe operation of the kennel. 2. Conditional Use-Permit for riding academy and horses of hire and boarding A. Weare not opposed to this conditional use permit as long as the followmg conditions are met. 1. No permanent food courts. These are only to be operated during shows and must be removed the day the show ends. \ tt-If\ 1..- t 3 2. No over mght tranSIent lodging of campers or show participants on the site of the property. 3. LimIt the number of shows allowed m a year as done wIth previous requests for this type of operatIOn. 4. Landscapmg down both sides of the property to control nOIse and dust generated by the parking areas and traffic. If you have any questions concerning thIS letter please contact me at 757-426-2329, or 757-618-3416. ~;=-t~ Iu- Timothy G & Robin W. Lee Floyd E. & Betty H. Waterfield, Jr. I, I I I UU UL... --,- t\tI)\ "2 + J We are very opposed to the establishment of a commercial kennel located at 1628 Mill Landing Road (GPIN 2410440394). It would destroy the serenity that we now enjoy living along Nanneys Creek . We often hear the sound of barking dogs from across.ie TI~an do not wish .to hear it.more often. tit I!J~. If t)qfJ ",PI, / Jam ~s6yan ttyG. gletl>Y"'j , 6-~ 452 Three Pine Lane Virginia Beach, VA 23457-1400 Sylvia Estes 1628 Mill Landing road Virginia Beach, VA 23457 757-435-0786 08-11-08 Dear City Council Members, On August 26th my CUp's will come before you for consideration, I would like to ask you to take a few minutes of your time to look at my CUP for Cypress Creek Stables and a second permit for my dog kennel. On July 9th, I met with the city Planning Commission to discuss my conditional use permit for my farm; where a few issues were addressed. I was asked to work with Mr. Melvin Atkinson from the Agricultural department to address the concerns of the city. Listed below are the issues that were addressed and the response that I hope will help the city to approve my CUP's. 1. Size of the horse show. The maximum participates per day is 85. 2. Waste Management. I am currently working with the city to install a digester on my property. 3. Expanding to out of State participants. I will stay within a 50 mile radius of my farm for advertising. 4. Number of dogs in the kennel. I will agree to the number of dogs (12) that Mr. Knight recommended. 5. What type of horse show, Tidewater Horse Association horse shows/ VBHA shows. Mr. Atkinson spoke with the owners of horse stables in my area that are currently having horse shows. Listed below are his findings. Current VB Shows . City used to have an arena for local horse shows at Princess Anne Park. Now it is up to private enterprise to provide a place for these shows to occur. . There is a Virginia Beach Horse Show Association (VBHSA) that has shows at local stables from April to October with shows being conducted almost every weekend. . Based on current shows being held, the average attendance is between 100-150 people. . Current shows average about 50-60 participants. . About 30-40 horses. . 10-20 trailers. . There are other stables not in the VBHSA that also have shows. . Some shows outside of the Virginia Beach Horse Show Association (VBHSA) indicate that it is hard to get 75 people at a show. . Most shows that are being conducted locally are for the "English" rider. Most stable managers indicated that a "Western" type show would probably have a lower attendance because of the smaller interest in "Western" riding in the area. As you can see it is not likely that I will have the growth problem that the city is concerned with. Mr. Atkinson further stated: Plan nine: History . Other applicant for CUP was approved at the corner of Dawley and Pleasant Ridge. This applicant currently conducts some of the biggest shows in the area. This permit was approved on 7-2-08 for a new horse facility. . Road improvements on Mill Landing Road have recently been completed. City's Commitment · City is dedicated to minority owned businesses. I am a minority business. · City currently has a Sports Marketing Division whose mission is to sell the City of Virginia Beach and the region as a quality location for sporting events that will provide economic impact primarily through participatory sporting events and/or sporting events that produce media impact. This budget unit works toward Council's goal of becoming a quality year-round resort destination by attracting sports events to the City during all seasons of the year. The Sports Marketing Program also adds an entertainment component for the Virginia Beach citizen to the City's cultural and Recreational Opportunities Business. If you have any concerns that I have not list please let me know, I would like to have all of your concerns addressed and rectified before council meets. Thank you for taking the time to review my applications. Thank you, Sylvia Estes Cad ie Estes Missy Estes I,! I August 19,2008 VirgInIa Beach City Council Attn: Barbara Henley, Pnncess Anne District 2405 Courthouse Dnve VirgInIa Beach, V A. 23456 Re: Cypress Creek LLC Dear Mrs. Henley and distInguIshed members of City Council: I am wnting thIS letter In regards to the conditional use permIts submitted In the name of Cypress Creek LLC. ThIS agenda Item will be presented to City council on August 26, 2008. I am writing this letter on behalf of myself and Floyd Waterfield. We are the property owners to the nght and left of the property located at 1628 Mill Landing Road. Mr. Waterfield and I had an opportunity to reVIew the applicatIOn for Cypress Creek LLC and feel there are some areas of concern with this applicatIon that have not been addressed by the PlannIng Department. These areas are lightIng, sound, traffic control, operation, and capacity. Weare not opposed to the applicatIOn for the Riding academy and horses for hIre and boarding. However we feel the following conditIOns should be consIdered. 1. Lighting: All lightIng should be affixed in a way as to direct all light Inward to prevent light from spilling over to adjacent properties. 2. Sound: No permanent speaker systems or sound systems to be Installed 3. Traffic Control: All traffic to be parked on the property SIte. On thIng to also consIder Involves access to the property from Mill Landing Rd. Recently Improvements were made to thIS road to prevent flooding during certaIn tImes of the year. However, the curves In the road were not removed. There are a couple of spots through the marsh areas that are blind to on-coming traffic. Most of the farmers have qUIt using thIS road to access the granaries because It caused the larger vehicles to cross both lanes in order to make the turn. This same issue will occur WIth the larger horse trailers. ThIS IS an area of concern when talkIng about SIze of the shows. 4. Capacity: The applicant has requested capacity for 300 to 400 people. We feel thIS was too large for a farm on rural country roads surrounded by residentIal hOUSIng. The PlannIng CommIssion agreed and requested the PlannIng Department and the Agnculture Department to look Into thIS matter. While Ms. Estes has mentIoned this In her letter of August 11, 2008, we have seen no official documentatIon. We would like you to consider the following numbers; max partIcipants 85, max attendance 150, max trailers 25. OperatIOn: There should be no more than 6 shows in a calendar year. The shows should be operated from 8:00 AM to 8:00 PM wIth no access to the property before 7:00 AM and after 10:00 PM. Lighting should be turned off mghtly by 9:00 PM. No transient lodgmg of people, staff, or participants of the shows. There are plenty of hotels and campgrounds in the area to support this. No permanent food courts, only temporary and they must be taken down upon conclusion of the shows. The conditional use permIt for a dog kennel we are opposed to. However if this council deCIded to approve the application we request the followmg: 1. The kennel can not be expanded or moved. 2. All boarded animals must be kept mSIde dunng the night hours. 3. All boarded dogs must remam m the kennel and cannot roam the property. 4. If the boarded dogs become loud due to the activities on the property regardless of the tIme of day they are to be moved in doors. 5. City ofVirgmIa Beach to mom tor the operation of the kennel on an annual basis. If you have any questions concernmg thIS letter please contact me at 757-426-2329, or 757-618-3416. Sincerely Timothy G & Robm W. Lee Floyd E. & Betty H. Waterfield, Jr. Floyd E. Waterfield, III cc: Karen Lasley, Planmng & Zomng AdmmIstrator i, I I - 36- Item V-L.2. PLANNING ITEM #56772 (Continued) 8. Special observances are limited to three events per year: Chinese / Vietnamese New Year (in February), Buddha's Birthday (in May) and another event in late-July / early-August. There shall be no more thanfifty (50) individuals, or the number of individuals approved by the Building Official, Fire OffiCial and Health Department. whichever is less, on the site durmg services, 9. The applicant shall resubmit an application to the Plannmg CommissIOn and the City Council for review and approval of the proposed selfstanding Meditation Hall. The Meditation Hall is not approved with this Conditional Use Permit. 10. Administrative review shall be conducted perIOdically by the Zoning Administrator for compliance with the conditions of the use permit. Failure to comply with the conditions shall result in revocation of the use permit. The use permit shall expire one (I) year from the date of City Council approval. I I. There shall be no admmlstrative renewal. Staff shall asSist the applicant m locating a new site for this activity. Any new applications shall be subject to Planmng CommiSSIOn review and City Council action, This Ordinance shall be effective m accordance with Section 107 (f) of the Zonmg Ordinance. Adopted by the Council of the City ofVirgmia Beach. Virginia. on the Twenty-eighth of August Two Thousand Seven Voting: 1 1-0 (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, John E. Uhrin. Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 28, 2007 - 35 - Item V-I. 2. PLANNING ITEM #56772 (Continued) Upon SUBSTITUTE MOTION by Councilman Wood, seconded by Councilman Uhrm, City Council ADOPTED the Ordinance upon application of THANH CONG DOAN for a Conditional Use Permit CONDITIONED FOR ONE (1) YEAR WITH NO STAFF RENEWAL AND SHALL COME BACK TO CITY COUNCIL (staff to assist in locating new site/or activity): ORDINANCE UPON APPLICATION OF THANH CONG DO AN FOR A CONDITIONAL USE PERMIT FORA RELIGIOUS FACILITY R080734235 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Thanh Cong Doan for a Conditional Use Permit for a religIOus facility on property located at 4177 West Neck Road (GPIN 2402800/35). AICUZ IS Less than 65 dB Lein. DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The applicant shall obtain all necessary alteration permits and a Certificate of Occupancy for the change of use from the Department of Planning I Permits and Inspections D,V,SIOn and the Fire Department before occupancy and use of the existing buildingfor a religIOus facility. 2. The applicant shall obtain approval from the Virgmla Department of Health for the mcreased use of the building and any required improvements to the wastewater and water supply systems. 3. The applicant shall submit a site plan to the Department of Planning I Development Services Center for the development of the required parkmg and landscapmg Improvements to the site. 4. Category IV screening shall be mstalled along the eastern and southern property lines. The landscapmg along the sides of the property shall begm at the mtersection of the side lot lines with the front property line. There shall be a mmimum 20-/00t landscape bed prOVided. EXisting landscapmg along the western property line shall be mamtamed. If the landscapmg dies or IS replaced. it shall be replaced with Category IV screen mg. 5. There shall be no more statues mstalled on the site. All eXisting statues shall meet the reqUired front yard, rear yard and Side yard setbacks. 6. The applicant shall submit a photometric plan for revIew and approval. 7. Meditation services are limited to Sundays. 10:00 A.M to 1 :00 P.M There shall be no more than twenty (20) mdivlduals, or the number ofmdividuals approved by the Building OffiCial. Fire Official. and Health Department, whichever IS less. on the site durmg services. August 28. 2007 - 34 - Item V-I. 2, PLANNING ITEM #56772 The followmg regIstered m SUPPORT: Attorney Kevin M Brunick represented the applicant, and adVIsed thIS entails a Buddhist Ceremony WIth mdividual mediTation, Durmg thIS 3-hour perIOd (one day per week), members of thIs organization will engage in indiVIdual medication with the gUIdance of the Monks, There are no servIces m a traditional sense. ThIs usage will have no greater Impact on the neIghborhood than a "bridge club ". However, there are three (3) Special Holidays: Chinese-Vietnamese New Year (February), Buddha's Birthday (May)and Mother/Father Day (September). During those three (3) events per year, the Permit also seeks to have no more than fifty (50) members on the property for the celebrations Samantha Niezgoda, 725 Sir Walter Circle, Phone: 431-1543, Member of the Temple. There are no nOIse, traffic or septic Issues. Generally, every Sunday, about six (6) to twelve (12) members attend Scott Dialatush, 2108 JarvIs Road, Phone: 721-6900, advIsed support and hIS beliefm religIOus freedom The following registered in OPPOSITION: Dan Franken, 4161 West Neck Road, Phone: 426-0476, advIsed he and hIS wife have been good neIghbors to the applicant, who purchased the residence without talking to the neighbors about the planned activities. The activities far surpassed previous deSCriptions: first fIVe (5) cars and then up to fifty (50) with tour buses, porta potties, etc. The residents filed a protest, LOUIS Cullipher, 1449 Prmcess Anne Road. Phone: 426-2212, his statement is hereby made a part of the record. In recent years, he City has strIved to Identify features distingulshmg one community from another, to make different parts of the City umque and enhance the quality of life. One such community is the Pungo Ridge landscape surrounding the property of the applicant Jerry Lang, 1476 Princess Anne Road, Phone: 426-5445, 21-year resident Amy Lang, 1476 Princess Anne Road, Phone: 426-5145, advised the applicant has been working WIthout the Conditional Use Permit for the past eighteen (18) months Carol Lobus, 4132 West Neck Road, Phone: 721-0864 Michelle Fryman, 2429 West Landing Road, Phone: 620-3089 Dr CarmenJ. Maldowado, 4120 West Neck Road. Phone: 626-0052 Donna Franken 4161 West Neck Road, Phone: 426-0476 Michael I. Cullipher, 2088 Jarvis Road, Phone: 721-6446 A MOTION was made by Council Lady Hen/ey, seconded by Council Lady Wi/son, TO ADOPT the Ordinance upon application of THANH CONG DOAN for a Conditional Use Permit for a Relil!ious Faci/itv CONDITIONED FOR SIX (6) MONTHS WITH NO STAFF RENEWAL, WHILE AN APPROPRIA TE LOCATION IS FOUND August 28, 2007 BUDDHIST EDUCATION CENTER Map K-J6 Mop Not to Scole Buddhist Education AG .. AG-' '0 .. ClO .. [? 0 . AC-2 oCl ,I"lodifiultlon uf Cond;tlot1~ Relevant Information: · Princess Anne District · Conditional Use Permit permitting a religious facility was approved by the City Council on August 27, 2007. Use Permit had a one-year time limit. · Applicant requests two-year extension to allow additional time to locate a suitable site for relocation. Alternative sites found during the previous year were located in AICUZ where religious facilities are not deemed compatible. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends denial (6-4). · There was opposition. At!J.~~~.~~ ~ ftJ~.., 'i! \' . ~~ : :J " tiS ~ .' '. # ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BUDDHIST EDUCATION CENTER, Modification of a Conditional Use Permit (religious use), 4177 West Neck Road, District 7 - Princess Anne. MEETING DATE: August 26,2008 . Background: A Conditional Use Permit permitting a religious use was approved by the City Council on August 28, 2007; however, the Use Permit was granted for only one (1) year, with no opportunity for administrative review. The City Council's Intent In limiting the term of the Use Permit to one year was to allow the applicant to Investigate alternative sites for relocation of the facility and to sell the subject property for the purpose of relocation. The applicant is requesting a modification to the time limit, desiring continued use of the site as a religious use for an additional two (2) years, dUring which time the applicant will continue searching for a new location for the facility. . Considerations: Since the August 28, 2007 approval of the Use Permit, Planning Department staff has monitored the subject site and documented the activity to ensure that the conditions of approval were being adhered to, particularly In regard to the number of people in attendance on Sundays throughout the year. When City Council granted the Use Permit, there were 11 conditions; however, several of those conditions were specific to a permanent presence of the religious facility on the site rather than the one year presence. Thus, of the 11 conditions listed below from 2007, the conditions specific to the temporary nature of the facility are underlined: 1 The applicant shall obtain all necessary alteration permits and a certificate of Occupancy for the change of use from the Department of Planning I Permits and Inspections DiVISion and the Fire Department before occupancy of the eXisting building for a religiOUS facility. 2. The applicant shall obtain approval from the Virginia Department of Health for the Increased use of the building and any reqUired Improvements to the wastewater and water supply systems. 3, The applicant shall submit a site plan to the Department of Planning I Development Services Center for the development of the reqUired parking and landscaping Improvements to the site. 4. Category IV screening shall be Installed along the eastern and southern property lines. The landscaping along the Sides of the property shall begin at the Intersection of the Side lot lines with the front property line. There shall be a minimum 20-foot landscape bed proVided. EXisting landscaping along the western property line shall be maintained. If the landscaping dies or IS replaced, it shall be replaced with Category IV screening. 5. There shall be no more statues Installed on the site. All eXlstinQ statues shall meet the front yard. rear yard and Side yard setbacks. BUDDHIST EDUCATION CENTER Page 2 of 3 6. The applicant shall submit a photometnc plan for review and approval. 7 Meditation services are limited to Sundays, 10:00 am to 1 :00 pm. There shall be no more than 20 Individuals, or the number of individuals approved by the BuildinQ Official. Fire Official and Health Department. whichever IS less. on the site dunnQ services. 8. Special observances are limited to three (3) events per year' a. Chinese / Vietnamese New Year (in February), b. Buddha's Birthday (in May). and c. Another event In late July / early AUQust. There shall be no more than 50 Individuals. or the number of indiViduals approved by the BuildinQ OffiCial. Fire OffiCial and Health Department. whichever IS less. on the site dunnQ services. 9. The applicant shall resubmit an application to the Planning Commission and the City Council for review and approval of the proposed self-standing meditation hall. The meditation hall IS not approved with thiS Conditional Use Permit. 10. Administrative review shall be conducted penodically by the ZOnlnQ Administrator for compliance with the conditions of the use permit. Failure to comply with the conditions shall result In revocation of the use permit. The use permit shall eXPire one (1) year from the date of City Council approval. 11 There shall be no administrative renewal. Staff shall assist the applicant In locatinq a new site for thiS activity. Any new applications shall be sublect to PlannlnQ Commission review and City Council action, Staff concludes the applicant is in compliance with these conditions. There have been occasional anecdotal reports of more than 20 people being on the site on a Sunday, but upon investigation, staff determined that those larger gatherings corresponded to dates of the three special observances provided for In Condition 8. In general, Staff has found that the activity on the site has been no greater than that commonly associated with by-right land uses in this agricultural and large lot rural reSidential area. In regard to Condition 11, after the August 28, 2007 Use Permit approval, the applicant began searching for alternative locations, contacting staff regarding the possibility of parcels on Holland Road and Winston Avenue. The properties were deemed not suitable since they were located in the Greater than 75 DB Ldn AICUZ, where such a use IS not compatible to airfield operations. . Recommendations: The Planning CommIssion, by a 6-4 vote, recommends denial of the application to the City Council. Staff recommended to the Planning Commission approval of a two (2) year extension of the Use Permit. Should the City Council vote to grant an extension to the Use Permit, Staff recommends that the following conditions be attached to the Use Permit: 1. Meditation services are limited to Sundays, 10:00 a.m. to 1 :00 p.m. There shall be no more than 20 individuals at anyone time, or the number of individuals approved by the Building Official, Fire Official, and Health Department, whichever is less, on the site dunng services. I I II I I I BUDDHIST EDUCATION CENTER Page 3 of 3 2. Special observances are limited to three (3) events per year' a. Chinese / Vietnamese New Year (in February), b. Buddha's Birthday (in May), and c. Another event In late July / early August. There shall be no more than 50 individuals at anyone time, or the number of individuals approved by the Building Official, Fire Official, and Health Department, whichever is less, on the site during services. At least seven (7) days prior to a special observance, the applicant shall notify the Zoning Administrator of the date of the observance. 3. Administrative review shall be conducted periodically by the Zoning Administrator for compliance with the conditions of the use permit. Failure to comply with the conditions shall result In revocation of the use permit. The use permit shall expire two (2) years from the date of City Council approval. . Attachments: Staff Review Disclosure Statement Planning CommiSSion Minutes Location Map Recommended Action: Staff recommends approval with conditions. Planning Commission recommends denial. Submitting Department/Agency: Planning Department City Manager: ~ t. ~6Yt BUDDHIST EDUCA TION CENTER OF AMERICA, INC. Agenda Item 4 August 13, 2008 Public Hearing Staff Planner' Faith Chnstie REQUEST: Modification of the Conditional Use Permit approved by the City Council on August 27, 2007 for a religious facility ADDRESS I DESCRIPTION: 4177 West Neck Road GPIN: 24028001350000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 4.058 acres The Conditional Use Permit permitting a religious facility was approved by the City Council on August 28,2007 The Conditional Use Permit has 11 conditions: SUMMARY OF REQUEST 1 The applicant shall obtain all necessary alteration permits and a certificate of Occupancy for the change of use from the Department of Planning I Permits and Inspections DiVISion and the Fire Department before occupancy of the eXisting building for a religiOUS facility. 2. The applicant shall obtain approval from the Virginia Department of Health for the Increased use of the building and any required Improvements to the wastewater and water supply systems. 3. The applicant shall submit a site plan to the Department of Planning I Development Services Center for the development of the reqUired parking and landscaping Improvements to the site. 4. Category IV screening shall be Installed along the eastern and southern property lines. The landscaping along the sides of the property shall begin at the Intersection of the side lot lines with the front property line. There shall be a minimum 20-foot landscape bed proVided. EXisting landscaping along the western property line shall be maintained. If the landscaping dies or IS replaced, it shall be replaced with Category IV screening. 5, There shall be no more statues Installed on the site. All eXisting statues shall meet the front yard, rear yard and Side yard setbacks. 6. The applicant shall submit a photometnc plan for review and approval. BUDDHIST EDUCATION CENTER OF AMERICA, INC. Agenda Item 4 Page 1 II I I i 7 Meditation services are limited to Sundays, 10:00 am to 1 :00 pm. There shall be no more than 20 Individuals, or the number of individuals approved by the Building Official, Fire Official and Health Department, whichever IS less, on the site during services. 8. Special observances are limited to three (3) events per year' a. Chinese I Vietnamese New Year (in February), b. Buddha's Birthday (in May), and c, Another event In late July I early August. There shall be no more than 50 IndiViduals, or the number of individuals approved by the Building Official, Fire Official and Health Department, whichever IS less, on the site dUring services. 9, The applicant shall resubmit an application to the Planning Commission and the City Council for review and approval of the proposed self-standing meditation hall. The meditation hall IS not approved with this Conditional Use Permit. 10. Administrative review shall be conducted periodically by the Zoning Administrator for compliance with the conditions of the use permit. Failure to comply with the conditions shall result In revocation of the use permit. The use permit shall expire one (1) year from the date of City Council approval. 11 There shall be no administrative renewal. Staff shall assist the applicant In locating a new site for thiS activity. Any new applications shall be subject to Planning Commission review and City Council action. The applicant's representative met with the Zoning Administrator In December 2007 regarding Conditions 3,4, and 6. The Zoning Administrator determined those conditions were Intended for the site if it was granted a permanent Use Permit for a religiOUS facility Thus, those conditions do not have to be met unless the applicant IS granted approval for long-term use of the site as a religiOUS facility. Condition 10 limits the duration of the Conditional Use Permit for one (1) year from the date of City Council approval. The applicant IS requesting a modification to the time limit and desires to use the site as a religiOUS facility for an additional two (2) years, dUring which time the applicant will continue searching for a new location for the facility. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A Single-family dwelling, used for religiOUS functions on Sundays and three special observances dUring the year, occupies the site. SURROUNDING LAND USE AND ZONING: North: . West Neck Road . Across West Neck Road are Single-family dwellings and a plant nursery I AG-2 Agricultural . Farm fields I AG-1 and AG-2 Agricultural . Vacant parcell AG-2 Agricultural . Single-family dwelling I Agricultural South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site IS located within the North Landing River watershed of the Southern Watershed Management Area. There are no Significant natural resources or cultural features associated with the site. AICUZ: The site IS In an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. BUDDHIST EDUCATION CENTER OF AMERICA, INC. Agenda Item 4 Page 2 IMPACT ON CITY SERVICES There have been no significant Impacts to City Services dunng the past year Recommendation: Staff recommends approval of this requested modification, as conditioned below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan Map Identifies this area as agncultural / rural with uses related to farming, forestry, rural residential and other rurally compatible uses. The proposal IS In conformance with the ComprehenSive Plan's recommendations for this area, as religious facilities are considered compatible. Evaluation: Staff finds the request to modify the time limit acceptable. The applicant has been unsuccessful In their quest to find another suitable property and IS requesting the additional time to locate a site. One (1) complaint, on July 6, 2008, has been received since the conditional use permit was approved on August 28, 2007 Apparently, the applicant held a speCial observance and two (2) buses were parked In the dnveway. Staff does not find the request unreasonable and recommends approval of the request. CONDITIONS All conditions with the exception of Number 10 attached to the Conditional Use Permit granted by the City Council on August 28, 2007 remain In affect. 2. Condition Number 10 of the August 28,2007 Conditional Use Permit IS deleted and replaced with the following: Administrative review shall be conducted penodically by the ZOning Administrator for compliance with the conditions of the use permit. Failure to comply with the conditions shall result In revocation of the use permit. The use permit shall expire two (2) years from the date of City Council approval. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this 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. BUDDHIST EDUCATION CENTER OF AMERICA, INC. Agenda Item 4 Page 3 "'~ ,'-:' ~I$ 1$ TO cmT1N TW;t ON NCl'IOlBf.R Ill, 2003. I SUMYm 7IU!: PIi~ AND THAT 'THE: mu UNES Nill PIMlCN, Jl..IP~ ftli Sl'OWt4 ON '!lit! f'i.AT, ~~THlS PlAT StRJCTLY WI'l'HIN THE rlTl..!: UN~ /\NO 11'lEflE ARE 1'10 tl'4CR~"MEN1'5 Oft '.'I$fflLE t/I>iaoI......,~ ""~IIT5 STANO ".'-....~ THE' R!SI[)fNCE: StlOWN HfRE'OII Al'PEAllS TO llt I!'! fUlCl} ZONE "X' . FIRM lolAI' OIlY OF VIRGINIA BEJICH C()mjUNrN !\lO. 515&31 1MI' \WIl$ll)H, tm~. Ii, 1\lllli 1'AHS- MO. 00114 F THIS SURI/O' PERfoRMED WlTooUT TH" !ll;,,~rn OJ' .. mu;: lW'O~ LOr 1 --- No1t: SIDt. PROPERTY UMES ARE $Ii~, SlIORTENro TO rn SKm' Sll'E #ltl "~E NOT ro SCAtL. 4.~. jg ~ .... I' Ir- I. o.r LOr;; ~ 0 i3 \':' .>:. ~ I :Ii SCAl.i:l t' - Ei)' !IIl9'liIl'Ml"E 2ll0.00" WEST NECK ROAD (70') PHYSICAL SURVEY OF 4177 WEST NECK ROAD, VIRGINIA BEACH, VIRGINIA LOT 2 1.!lNOl! SUIltlMSIilN Of PARCliL e 1"R0l'€~ (>>' K'l'I'i1JS l'lEAU1'l', INt'':. r:r Al.S M.Il!. 1 S!, 1'.19 . F'OR, ROS!!:MA~Y KEATINO -'~~P./;. ~.~-- tll\T\::'<Q\.W!lffl""-2tll)~ 1llWf, fl.l.!\, I F.S ~, P. :l~ M #: ~2'''' EXISTING PHYSICAL SURVEY BUDDHIST EDUCATION CENTER OF AMERICA, INC. Agenda Item 4 Page 4 EXISTING STRUCTURE BUDDHIST EDUCATION CENTER OF AMERICA, INC. Agenda Item 4 Page 5 Buddhist Education AG .. America, Inc. AG-2 - CJ G\) ". CICI [j:l 0 '0 .. . co 0 'II ~. c:;J c::J AG- Ill< . AG-I Da .....tud/fieat/oll uf Condit/om There have been no rezonings or conditional use permits approved in the Immediate area In the past year. ZONING HISTORY BUDDHIST EDUCATION CENTER OF AMERICA, INC. Agenda Item 4 Page 6 z <=> I I ~ c~ I I ~~ ea ~ z <=> I I E--4 I I 52 <=> c ~ J:;I;..c <=> z <=> I I ~ ~~ I I J:;I;..c I I Q <=> ::s DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant IS a corporation, partnership, firm, business, or other unincorporated organization, complete the follOWIng: 1 List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Buddhist Education Center of Amenca, Incorporated, Thanh Cong Doan. Duc Van Pham. Binh Tnnh, Lee lel:lR UiRI:I aRII Tl:lwy TI:II Iiisl:l .lllwyeR 2. list all t>uslnesses that have a parent-subsidiary 1 or affiliated business entitl relationship with the applicant: (Attach list if necessary) n/a o Check here if the applicant IS NOT a corporation, partnership, firm, bUSiness, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete thiS section only if property owner IS different from applicant. If the property owner IS a corporation, partnership, firm. bUSiness, or other unincorporated organization, complete the follOWIng: 1. list the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Thanh Cong Doan 2. List all bUSinesses that have a parent-subsidiary 1 or affiliated bUSiness entity2 relationship with the applicant: (Attach list if necessary) n/a o Check here ifthe property owner IS NOTa corpcr:3tion, partnership, firm, bUSiness, or other unincorporated organization. 1 & 2 See next page for footnotes Does an offiCial or employee of the yit{c;t Virginia Beach have an Interest In the subject land? Yes _ No L- If yes, what IS the name of the offiCial or employee and the nature at their Interest? Modification 01 Cond,lions Application Page 1001 11 ReVIsed 713/07 BUDDHIST EDUCATION CENTER OF AMERICA, INC. Agenda Item 4 Page 7 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES list all known contractors or businesses that have or will provide services with respect to the requested property use, Including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) See attached List , "Parent-subsidiary relationship. means "a relationship that eXists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. 2 "Affiliated bUSiness entity relationship" means "a relationship, other than parent- subSidiary relationship, that eXists when (i) one bUSiness entity has a controlling ownership Interest In the other bUSiness entity, (ii) a controlling owner In one entity IS also a controlling owner In the other entity, or (iii) there IS shared management or control between the bUSiness entities. Factors that should be considered In determining the eXistence of an affiliated bUSiness entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the bUSiness entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular baSIS; or there IS otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code ~ 2.2-3101. CERTIFICATION: I certify that the Information contained herein IS true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining ana posting the reqUired sign on the subject property at least 30 days pnor to the scheduled public heanng according to the Instructions In thiS package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating thiS application. ~+ 0/ Ilu._ ~ .- - .:J ~ _ '~ .. -=- Thanh Cong Doan, Director Applicant's Signature ~ ~~ Pnnt Name Thanh Cong Doan Property Owner's Signature (if different than applicant) Pnnt Name ModIfication or Conditions Application Page 11 of 11 ReVised 71'JJ2OO7 z o I I 5 ::3 ~ ~ Z o I I H Q Z o ~ ~ ~ o z o . I f--! ~~ I I ~ . I Q o ~ BUDDHIST EDUCATION CENTER OF AMERICA, INC. Agenda Item 4 Page 8 ~;:r:~J~::SP~ :':~'l.('.~i.:'H(~:\ (~:(~\':~~f:: ~.;:~ .\~':/~:'::<~(~.~. :~~'. ~...,.O'" . .@.,,... ': ~. 0: . . .. "~ ' t. \... .''"\_':' ~.',ct;::'; , :,-~ T6 eiNH DONG H NG 4177 West Neck Rd. VirQlnla Beach, Vi glflla 23456.3861 Phone I Fax: (757) 689-3406. Email: Q,yg. hiS edu i'lhoo cem .~ffi~ . l ._" . . q "~_..'iJ". C::-.> LIST OF PEOPLE WHO WO FOR TEMPLE 1. DRIVEWAY - CONTRACTOR; MR RODGER GREGORY, PH (757) 435 - 8456 2. LANDSCAPING: - MR. SCOTT DILl\. TUSH (ARTlST IN THE GARD , PH (757) 721 - 6900 - MR. TlF.N LE, PH. (757) 5) 0 - 4292 3. WELL- PLUMMJNG: MR.. BRUCE. PH (757) 467 - 4210 4. AC REF AIRING: - MR TII0NG. PH (757) 553 - 0874 - CHRIS' MECHANICAL SERV1CH, INC. PH (757) 36 -1935 S. ELECTRICITY REPAIRING: TIlO TRAN, PH. (757) 593 - 99J8 6. CPA: - MR. E. WAYNE BOST AIN, CPA PH (757) 486 - 61 7 - MSS. THAD TON (pROFESSIONAL INCOME T SERVICE). PH. (703) 532 -. 5125 7. PAPER WORK: DUe PlIA.V1'. PH. (757) 305 - 1498 S.LA WYERS: I. STALINOS & BISCHOFF, PC. PH. (757)422 -470 - KEVIN W. BRUNICK, PH. (757)375 - 243fl - TARIQ K. LOUKA, PH. (757)589.- 2243 2. LAN QUOC NGUYEN &. ASSOCIATES, PH (714) 891 - 1901 9. ADT SECURITY: PIL (757) 852 - 5016 THOl\-tAS E. BRICKERS. PH. (751) 536 - 0286 10. WEB DESIGNER: ALAN l\GUYEN. PH. (714) 839 -4000 DISCLOSURE STATEMENT BUDDHIST EDUCATION CENTER OF AMERICA, INC. Agenda Item 4 Page 9 Item #4 Buddhist EducatIOn Center of Amenca, Inc. ModificatIon of ConditIons 4177 West Neck Road DIstnct 7 Princess Anne August 13, 2008 REGULAR Jamce Anderson: I will ask our secretary to call the only Item that we have on the regular agenda. Donald Horsley: Thank you Madam Chairman. The applicatIon is BuddhIst EducatIOn Center of Amenca, Inc., for a ModificatIOn of ConditIOns for a request approved by City Council on August 28, 2007. The property IS located at 4177 West Neck Road, DIstnct 7, Pnncess Anne. Janice Anderson: Mr. Fine. Morris Fine: Ms. Anderson, Planning Chairwoman and other members of the Plannmg CommISSIOn. I represent the BuddhIst Temple, who IS askmg that the Use PermIt be extended for a penod of two years. Ed Weeden: I'm sorry. I need your name for the record? Morns Fine: Morns Fine. I am a local attorney. ThIS matter was before the City Council, as you heard, one year ago, August 28,2007. They granted on the very same conditIOns that are going to be before you a one year Use Permit. The conditIOns that existed then that granted that permIt, are the same ones that are here today. What the Buddhists want to do is to keep the status quo. As a background of thIs matter so that you will know, BuddhIsts had a place of worship on Kempsville Road that was subject to eminent domam, and It was taken from them. I'm some naIvete, they deCIded they would buy the pIece of property that they bought. They paid $950,000 for thIS pIece of property. Well, since they paid that, the property has gone upside down m value. And so, they were sort oflocked in. They couldn't sell the property and get enough money to relocate. That was the reason WIth the conditIons that were granted by the City Council, that the City Council gave them the permIt to operate for a year. Well, the faIr market value of all residential real estate has fallen even further. It is probably in a free fall, and the values have continued to go down, and they don't have the ability, financially, to go out and buy somethmg else. So, they're askmg that this Use PermIt be extended. And, they are only asking the status quo, and as I indicated to you, the very same conditions that were before the City Council are here before you now. They may, and you hear probably some opposition to thIS. They may pray in a little different manner than a great majority of us here, but they are very qUIet, retIcent people who, I don't thInk, mterfere in any way WIth the neIghbors that are there. The conditIOns say it would be on Sunday morning between 10:00 a.m. and 1 :00 p.m., and I thInk that is basically true. There are only Item #3 Buddhist EducatIon Center of America, Inc. Page 2 25 people that can come. I thmk only, from what I understand 10- 15 people come to worshIp. They worshIp at their home, and It IS quiet. There IS no alcohol. There are no big celebrations takmg place. And, they come and they go. They are not mtrusIve. There are three tImes a year that they have celebratIOns. And the City Council put a cap on 50 people commg there. These celebrations, and there IS one m February. It IS the Chmese New Year. Then they have another time that they have a Mother's Day celebration, and then some other celebration. But, those times are also m the morning and It is 10:00 to 2:00, and there are no more than 50 people. I have met with the neighbor, who I must say IS very open and a good neIghbor. He opposes thIS. I understand his pOSItIon, but It Isn't anythmg that can be done by these people who use thIS house as theIr place of WorShIp. And, I don't thmk the resIdentIal market is gomg to come back probably for 4 or 5 years, but certainly not two years, whIch IS what is bemg asked for an extenSIOn. UltImately, thIS matter IS gomg to come before the City Council m a couple of weeks, and I would ask you to endorse what they did before, and let the City Council hear It agam m a couple of weeks. I must say further, that the staff, who has been very cooperatIve WIth everybody and listened to everybody, has heard thIS, and they have urged the approval of thIS applicatIOn. Janice Anderson: Thank you. Are there any questions of Mr. Fine? Kathy? Kathy KatsIas: Has the house been actIvely marketed for sale? Moms Fine: No. It has not. It is Just impossible to get anythmg near that value for that house. I mean that house IS not worth It. About a year ago, It may have been worth $750,000, but I doubt that it IS worth much more than $500,000 at the present tIme. I mean the value of real estate and residentIal real estate IS Just m a free fall. Kathy KatsIas: Thank you. Janice Anderson: Any other questIons at thIS tIme? Joseph Strange: Is there any reason why they haven't listed with a real estate agent? I mean you say It IS Impossible but most people try. Moms Fine: I have not gotten any mdicatIOn why they haven't, but they haven't. But I thInk the City Council acknowledged and It largely m theIr hands. They were the ones that granted the year. They acknowledge that it was an upsIde down SItuatIOn, and that they couldn't do anythmg about that. Janice Anderson: Thank you Mr. Fine. Morris Fine: Thank you. Donald Horsley: We have another speaker m support. Samantha Niezgoda. Moms Fine: She IS with the monks of the Buddhist church. Item #3 Buddhist EducatIOn Center of Amenca, Inc. Page 3 Jamce Anderson: She doesn't want to speak? Do they want to stand up and be recognIzed? Thank you. Genez Malebranche: I can clarify why they haven't listed the property for sale. I didn't ask to speak today. Jamce Anderson: You can come up ma'am. We'll get a card filled out. Morris Fine: Please identify yourself. Genez Malebranche: My name IS Genez Malebranche. I don't represent them m anyway, but I'm familiar with the pIece of property. I live past them, and I have been going by there for years. I used to be a real estate agent. And I know for a fact that when a house is put on the market for sale, and somebody contracts to buy it, and reqUIres a loan to complete the sale, the house has to be appraised, and the appraised value has to meet with the sales pnce m order for the new people to get the loan. So, If they purchased It at $900,000, and now, It IS not gomg to be able to be appraIsed for more than $500,000 or $600,000, the loan amount wouldn't be approved, and there are not a whole lot of buyers out there WIth an extra $400,000 that they're gomg to want to sink mto a house. You see, it really doesn't make any sense If these people need that full $900,000 back m order to buy another pIece of property. What good IS It for them to put It on the market for that when It won't appraIse for anythmg near that? You see what I'm sa)'lng? That's the sItuation. It would be a waste ofthe realtor's tlme and effort, and It wouldn't make any sense for them to try to put It on the market If they got to get their $900,000 back in order to turn around and buy another piece of property. J amce Anderson: Thank you. Barry Kmght: Jan? Jamce Anderson: Ma'am? Mr. KnIght has a questlon or a comment. Barry Knight: You saId that you were in the real estate busmess? Genez Malebranche: I had been. Yes, several years ago. Barry KnIght: So, you're somewhat knowledgeable. My thought IS that m a hIgh market If you get top dollar and then, you turn around and want to buy somethmg else, you have to pay top dollar. So you have a differentlal. But if you have to take less money than generally, you can buy something else for less money; so, you still have the same differentlal. Genez Malebranche: Then you still got to pay the bank. If they still have a loan that they're paymg off, and say It IS $800,000 loan, and they can only get $500,000 for the property, then they still owe the bank $400,000. You know what I'm sa)'lng? And then they have to turn Item #3 BuddhIst Education Center of Amenca, Inc. Page 4 around and buy another place that they also would be making payments on. Is there anybody else? Jamce Anderson: Thank you ma'am. Donald Horsley: Our next speaker IS m opposItIon. Donna Franken. Donna Franken: Good afternoon ladies and gentlemen. My name is Donna Franken. My husband Dan and I live Immediately adjacent to the applicant's residence on West Neck Road. If you would like, I can show you where we live. JanIce Anderson: Yes please. Donna Franken: I hope I don't have to use a pointer. Jamce Anderson: Ma'am. The little pointer nght there. Donna Franken: We live nght there (pointmg to PowerPomt). Jamce Anderson: Okay. Thank you. Donna Franken: Last summer, Council voted that the applicant's house, whIch was bemg used as a religIous enterprise, cease ItS operations. Council did grant one year for the applicants to find a sUItable locatIon. I have really lost confidence m the Plannmg Department. The CommIssIon needs to vote "no" on continumg further extenSIOns. Thank you very much. JanIce Anderson: Thank you Ms. Franken. Donald Horsley: Okay. Our next speaker is Damel Franken. Daniel Franken: Good afternoon Madam Chairwoman and members of the Plannmg CommIsSIon, Mr. Macali, Mr. WhItney, and all your staff. I'm Damel Franken, Donna's husband. I want to first of all make some comments about the comments that Mr. Fine made while they're fresh, and then I have a short set of comments spoken in manner of representmg the people who are m OpposItIon to thIS application. But for those that are here In opposItIon, please nse. Thank you. There IS a much larger group that sIgned a petition a year ago. And, I'm becommg ad hock leader of this group of people in opposItIon to thIS for, I would say, for strategic reasons. I won't go over last Council session, but we really don't want this to be the start of something In that particular area of the country that leads to thmgs that have mstates that none of us want. And that is where it IS all comIng from. Council illuminated all the Issues last year and vIgorously debated the subject, and I would say gave the applicant a yellow light, which would turn red In a year. The first discussions were for six months, and some people stepped forward, mcluding myself and saId a year sounds acceptable. None of us knew then the rate of decline In the market for sure, but I'm not sure Item #3 BuddhIst EducatIOn Center of America, Inc. Page 5 that's our Job. But I did want to allow the applicant some reasonable opportumty to look, not only for an alternatIve site, but maybe just maybe an alternatIve site for theIr educatIOn center. And I want to touch on that nght now. We're always talking about havmg to sell this place and go elsewhere. They are our neIghbors and I say that m the most posItIve light, and I saId last year, and I'll say it here again today, I hope they can remain our neIghbors. I don't know what you call a parsonage for a Buddhist church, but It IS an Ideal place for the Master Monk and hIS staffto live. And, I would thInk wIth the market nght now, It would also be a wonderful opportunity to find a perfect place for theIr educatIon center. Now, the Plannmg Department. I know they go to work everyday plannmg to do a good Job. And they work very hard. I know how hard they are to run down and get a hold of. It IS amazing to me how after what Council SaId last year, as a matter of record, they would come up and recommend a two year extension. And, perhaps Irrelevant IS an issue as the market IS bad. I hope we're not getting into that business. InCIdentally, Mr. Fine said that occupancy ofthe applicant went from Kemspville to here. There was an mtermediate stop along the way somewhere down m Creeds, I believe. So, I'm sure they have been told somethmg by real estate agents and people have sold them thmgs along the way, but I don't believe that is our business to worry about why they got where they're at, and I thInk It IS a good opportunity to get an alternatIve site. On a more recent relevant basis, all of the conditIOns that were set out last year have practIcally been violated. The numbers of people per servIce on Sunday, and we're not talkmg about somethmg that lasts from 11 :00 a.m. to noon, we're talking about 3 to 4 hour blocks where people are commg and going. We're talkmg about exceeding the red line that was set for specIal events. These are photos, Madam ChaIr, from last week, of just the cars that are on each side ofthe yard. I stopped countmg at 50. So, Mr. WhItney, someone on your staff IS gIVmg you bad mformatIon. I live nght there day m and day out. The reSIdent, the occupant, clearly intended to move m there and flip thIS house mto an educatIOn center WIthout gettmg any beforehand sanction from the City for any kmd of a ConditIonal Use PermIt, and immediately starting movmg m artIfacts and statues, and puttmg m an expanded dnveway of mIsmatched cement, thousand feet of concrete, to facilitate cars parkmg and tour bus dnving on It, all WIthout any sanctIon from the City whatsoever. It was only when we complamed about crowds that mcreased from 20 one week, to 30 cars to 50 to 100 to portI-potties, that the applicant then sought a Use PermIt. So, I will state agam that I would love If they would remain to be neIghbors, but the Council has already elUCIdated all the reasons why they don't want thIS to be a religIOus facility m a house that is zoned and IS built to be a house. So, I urge that you forward to Council a "no" vote, and we gIve the current applicant time to find a SUItable facility. I think two years is out ofthe question. And, somethmg much less would be much more reasonable given the CIrcumstances. I have not seen a for sale sign in the yard nor have I heard from City Plannmg what they have done to help the applicant find an alternatIve SIte. I would imagine the market would be nch WIth opportunities nght now. Thank you for your time. And are there any questIons? JanIce Anderson: Go ahead Henry LIvas. Henry LIvas: Would you be agreeable to a one year extension? Item #3 Buddhist EducatIOn Center of America, Inc. Page 6 Daniel Franken: I would be agreeable to a one year extenSIOn If the applicant would confirm that no further extenSIOn would be sought. Jamce Anderson: Are there any other questIons for Mr. Franken? Daniel Franken: And wIthm the limIts currently set and they would abide by them. Henry LIvas: That could be added in the conditIons. Jamce Anderson: Thank you Mr. Franken. Bill Macali: I'm not sure that you can reqUIre the applicant not to apply as Mr. Franken said. The applicant can confirm that but as a bmding conditIOn. I don't thInk you can say that they're not entItled to apply. Jamce Anderson: Okay. They can be put mto the mmutes that thIS is the mtent that there would be no more renewals. Somethmg to that can be put m the mmutes. Bill Macali: Yes absolutely. As well as the applicants affirmmg that they won't. Janice Anderson: But It couldn't be a condition. I see what you mean. Bill Macali: RIght. Janice Anderson: Thank you. Donald Horsley: Our next speaker IS Judy Hoffenberger. Judy Hoffenberger: Good afternoon. I'm Judy Hoffenberger. Excuse me. I live at 4021 Dawley. I Just wanted to let you all know that I've seen thIS reSIdence grow. And, I expected thIS Spnng to see a for sale sign, WhICh I did not see. And, It was very disappomtmg to see another ConditIOnal Use SIgn. The bottom line, as I see It, IS rules are rules. We need to follow them. And, homeowners expect them to be upheld, and to preserve, as we saId earlier, the value of our homes. And, we need to stIck to that. ThIS IS not a busmess area. It's residentIal and agnculture. And we should remember that. So, I hope you do. Thank you. Janice Anderson: Thank you Ms. Hoffenberger. Are there any questIons of Ms. Hoffenberger? Go ahead Dave. DaVId Redmond: I didn't understand the pomt about the value of your homes. Could you expand on that a little bIt? Judy Hoffenberger: To preserve the value of our homes. I feel that If we allow businesses to start cropping up next to our homes, it could devaluate of our homes. Item #3 Buddhist EducatIon Center of America, Inc. Page 7 David Redmond: In what way is thIS a business? Judy Hoffenberger: It's a religIOus organIzation. I believe It says BuddhIst Education Center of Amenca, Inc., and It has grown. DavId Redmond: But it IS a non-profit religIOus church. Isn't It? Is a Catholic church a business? Is a Baptist church a business? Is any other church a busmess? Judy Hoffenberger: I still believe It is a business. It is running. It IS makmg money. DaVId Redmond: I Just find that's a precarious definition of what churches do. Judy Hoffenberger: Well, basically, they are. It is my opmIOn that they do believe m religIOn. They preach the Gospel and thmgs like that, but they have a budget that they have to have, so that is why I feel they are a busmess, and when you put "Inc." behmd It, that kmd of helps it. David Redmond: Do they sell goods and services to turn a profit. Judy Hoffenberger: I don't know. David Redmond: That IS what businesses do Judy Hoffenberger: You are correct there. DavId Redmond: I thmk you're bemg a hard on them wIth the term of business. I'm not aware that they are a profit-makmg enterprise or conductmg any sort of bus mess out of there other than the fact that people go there to worship. I'm not sure that IS real fair. Judy Hoffenberger: The religIOUS part has nothmg to do wIth It. It IS zoned the way It IS and I Just want It kept that way. DavId Redmond: Okay. Thank you. Judy Hoffenberger: To protect our values. Thank you. JanIce Anderson: Thank you ma' am. Donald Horsley: Our next speaker IS Michelle Fryman. Michelle Fryman: Good afternoon ladies and gentleman. I live on West Landing Road, WhICh runs off of West Neck Road on a very small farm. We purchased our home and the resIdence that we live in about 7 or 8 years ago because ofthe generatIons and my husband's family that have lived m Pungo. And, we purchased It m an effort to contmue what we were purchasing. A home m an agncultural area that we wanted to maintam and that IS what we Item #3 BuddhIst EducatIOn Center of Amenca, Inc. Page 8 chose to be surrounded by. In an effort not to repeat everything that has already been said. When the family purchased thIS smgle family home, the Idea was to purchase a home, not to purchase a temple. It IS not about how they pray. They are very respectful. I ran mto them m Sandbndge and m different areas. The Idea is to preserve and kmd of keep that status quo of a smgle-family dwelling in a resIdential and agricultural area. A year ago when we met here and they were gIVen the one year permit and asked to try to find a new place to build the temple, the market wasn't as low as it was now. And they could have started to put it for sale or listed It a year ago, and would have had a better chance at makmg a lot of the money that they still owed. The world is too expensive to keep commg back and fighting the same fight over and over agam. So, I hope you uphold a lot of our beliefs and keep the single-family home the way It is, the way it was mtended, and possibly havmg the City offer them assIstance m finding a temple in a place that IS desIgned for that. Thank you. JanIce Anderson: Thank you Ms. Fryman. Are there any questIOns for Ms. Fryman? Thank you. Donald Horsley: Our next speaker IS Carol Lobos. Carol Lobos: My name IS Carol Lobos, and I live at 4132 West Neck Road. ThIs IS a few doors up and across the street from the panshlOners. I am opposed to the building at 4177 bemg used as a religIOUS facility. I, like the other people here, feel It should be made a resIdence. It was a resIdence to begm WIth, and I thInk the building should Just remam as such. We have lived at West Neck about 8 years. The reason we moved there. It IS a lovely area. And I never m a million years would have thought, because It was agncultural reSIdentIal. And I just feel it IS owned that way, and that IS the way it should be kept. And, there were so many people the other day there, as you saw m the pIctures WIth the cars. There are ditches on both sides. It IS Just waIting for an accIdent to happen If they have a lot of people commg there. But I Just am in agreement with the other lady that Just spoke. I thank you very much. Jamce Anderson: Thank you Ms. Lobos. Are there any questIons for Ms. Lobos? Thank you ma' am. Donald Horsley: Our next speaker IS LoUIS Cullipher. LoUIS Cullipher: Madam ChaIr and members of the Planning CommIssIOn, my name IS LoUIS Cullipher. Becky and I resIde at 1449 Pnncess Anne Road and or place is Just beneath the word Amenca. Weare separated by 500 feet but the parcel of land that IS sandWIched m, the pIece that IS just below the yellow rectangle (pointing to PowerPomt), my son and I farm. So, we're familiar with the property. My comments also represent my son Mike and his WIfe Jane, who cannot be here today, and they reside at 2088 Jarvis Road. We oppose the request for a two year extensIOn for the followmg reasons. In recent years, the City has stnved to IdentIfy features that distmgUIshed one community from another to make different parts of the City unique and enhance the quality of life for all. One such community IS Pungo RIdge, WhICh surrounds the applicant. Generally, this area IS darted WIth well mamtamed two-story Item #3 BuddhIst Education Center of Amenca, Inc. Page 9 farm houses. Most buildings were constructed in the early 1900s. This IS a workmg landscape, WhICh is the only memory left of what the City was like m the 20s and 30s. The City just published a publicatIOn "50 Most Histoncal SignIficant Homes and Structures m Virginia Beach" and one structured listed m this publication is about a mile from thIS area. The request for two year extensIOn of the reSIdence for a large religIOUS education center IS not conSIstent WIth eXIstmg land use or the VIew shed nor theIr expectatIOns of a rural cItizens. It has been one year smce City Council granted the application, a ConditIOnal Use Permit for one year and was specific no staff renewal. City Council also asked CIty staff to aSSIst m locating a new sIte for the facility. There were several other stipulatIOns regarding the number of people. That IS already mentioned from 10:00 to 1 :00. The numbers were limIted to 25 indiVIduals at anyone time, three specIal events up to 50. It was also asked that the Development ServIce Center (DSC) approved the parkmg and the landscape. Staff worked with the applicant WIth was also requested by City Council to locate. What data do they have regarding the number of indiVIduals? Do we know how many people were there? ThIs also applies for the specIal events. Has the applicant made a sincere effort to acqUIre SUItable zoned parcels? Have realtors been contacted? I thmk we heard some mSIght on that. Are the contracts negotiated or signed? My belief IS that the applicant has made little or no effort to relocate dunng the past year. I believe that City Council sent a strong SIgnal regarding an extensIOn when they specIfied that City staff could not grant an extension. It was an 11-0 vote. The communIty has not complamed. I understand that in the wnte up that I Just read there IS one complamt, but personally I have not complamed when I saw the tour buses and I saw the large number of vehIcles, and perhaps the statues more m the front yard then It used to be because I was confident that the Plannmg staff was momtonng thIS. EVIdently that IS not the case. Maybe our expectations were too hIgh. We have no reason to believe that the mandate from City Council was accomplished at all. For these and other reasons you have heard, I request that you deny thIS applicatIOn. I'll be glad to answer any questIOns. JanIce Anderson: Are there any questions for Mr. Cullipher? Go ahead. Donald Horsley: Mr. Cullipher, would you entertam any length of time for these people to get out honestly and try to find a relocation? LOUIS Cullipher: I guess they've had a year. I don't see any eVIdence that they have done anythmg frankly, Mr. Horsley. In wisdom of thIS body and Council to want to gIVe them a few more months, but I mean If the past record IS any mSIght of what IS gomg to happen m the future, nothmg IS gomg to happen. In my VIew, nothing has been done. The strategy IS not to relocate. Donald Horsley: Thank you. LOUIS Cullipher: Thank you very much Madam ChaIr. Janice Anderson: Thank you. Item #3 BuddhIst EducatIon Center of Amenca, Inc. Page 10 Donald Horsley: There are no other speakers. Jamce Anderson: Is there anyone who didn't have an opportumty to sign up, Ifthey could come forward, and we'll be happy to hear you. Please, Just one at a tIme. We'll get you to SIgn up. We'll get a card. Welcome sir. JackIe Hembree: Thank you. JanIce Anderson: Please state your name. Jackie Hembree: Jack Embry. Jamce Anderson: Okay. Thank you. JackIe Hembree: Thank you Madam ChaIrman and CommIssioners. I live at 2080 JarvIS Road. I have been there for over 30 years. The reason why I came to thIS area to live was because of the well-mamtamed homes, wonderful people and the qUIetness and peacefulness of thIS area. I have not been disappomted until now. In my opimon, It looks like a Junkyard with all the statues and everything out m front. Like it was saId before, they have not met the thmgs reqUIred by the City Council when they approved theIr thmg back a year ago. I don't thInk there should be an extensIon. I thInk you should vote "no" today. I thank you. Janice Anderson: Thank you Mr. Hembree. Are there any questions for Mr. Hembree? Thank you SIr. I believe there was another lady. Yes ma'am? Welcome. Samantha Niezgoda: I'm Samantha Niezgoda, and I'm m support of the monks. I would like to clarify a few thmgs that I have heard. First of all, It IS not a busmess. And they seem to thInk It IS some bIg huge school because of the tItle that It has as an educatIOn center. These are Vietnam BuddhIsts. They have a small amount of mostly Vietnamese people that come there to learn about their religIOn baSIcally. There are some English Amencan people that come as well to learn about it. And, on a typIcal Sunday, it IS between 15 to 20 people. What Mr. Franken was referring to last Sunday was one of the larger celebratory events. They keep mentioning tour buses. That was a one tIme event where one person who lived m North Carolina came to see the Master. It was not a contmual thing. As far as the house looks, most of the people that I know that have gone by or come there, It looks like a home WIth ASIan inspIred ornamentation. I'm sure you all agree that you've been m homes m your own neighborhoods where you live and grew up, or you think theIr ornamentatIon are tacky, and wouldn't agree WIth your personal preference. But I don't thInk they are m any way offenSIve, at least not to me but to other people they would be. Also, It is very mterestmg even with Mr. Franken, and the other people. ThIS IS no way they are mterfenng WIth them. For Mr. Franken, and hIS family to see how many people are there, he would have to walk qUIte a long ways, about a half a football field away, and go on their property to see how many people. It IS not really VIsible from hIS property, and they are very qUIet. I also have photos here of homes that are churches m Virgima Beach. So, I thInk the Plannmg Commission should vote "yes" and allow them to be here for two more years. Item #3 BuddhIst EducatIOn Center of Amenca, Inc. Page 11 JanIce Anderson: If you would like us to reVIew those photos, we would be happy to. You can hand them to Mr. Redmond. Samantha Niezgoda: Absolutely. Some of these are also photos nght down the road from, actually they are right next door to Mr. Franken, WhICh IS a trailer park, which IS an mdustnal place. I would thInk that would bnng property values down more so than a very mce home with Asian inspired ornamentation. So, some of those are those photos. The other photos are houses that are churches or huge churches that are nght next to a resIdentIal home nght in VirgmIa Beach, very close to the same area where the temple IS. Jamce Anderson: Are there any questions? Thank you ma'am. Samantha Niezgoda: Okay. Janice Anderson: Is there anyone else that wanted to speak? Ma'am, do you have somethmg new to say? Genez Malebranche: Yes. I do. I have something new to say. Jamce Anderson: Yes ma'am. Genez Malenbranche: I'm Genez Malenbranche agam. With regard to some of the other constructIOn that has gone on recently m the area m the past two years, a NAP A auto has put up a new building on Pnncess Anne Road that IS relatIvely close to the BuddhIst temple. There IS a church that's south of West Neck Road on Pnncess Anne Road that has recently constructed; a very large building that they use as a school. That's the specIfic use of the building. And, as she just pomted out, and I won't repeat what she saId about some of the other bus messes that are in the area. But there is also a structure across the street and just to the west on West Neck Road that IS about to fall down, and It has been there, and I don't know how many years, but ever since, I've been dnvmg up and down the road. And I would thInk that thmgs like that would be more of a concern as far as property values are concerned then the BuddhIst temple, whIch still for the most part looks like a single-family dwelling. That's my comment. JanIce Anderson: Go ahead Phil. Philip Russo: Ma'am, are you able to speak on behalf of the organIzatIOn? My questIon IS does the organIzatIOn, if you know have any particular milestones as far as relocatIOn? Genez Malenbranche: I don't know. I'm sorry. Philip Russo: A general timetable? Genez Malenbranche: I don't know. Item #3 BuddhIst Education Center of America, Inc. Page 12 Jamce Anderson: We'll bnng Mr. Fine back up. Maybe he can answer that. Philip Russo: That may be more appropnate for Mr. Fine. Okay. Thank you. Genez Malenbranche: Sure. Jamce Anderson: Excuse me ma'am? Joseph Strange: To your knowledge, are any of these buildings m any type of vIOlatIOn of zomng? Genez Malenbranche: The buildings that I just mentioned? No. Joseph Strange: Do they not have the property permIts? Genez Malenbranche: Not that I know of. No. Joseph Strange: So they are wIthin the boundary. Genez Malenbranche: They are all legal. I'm sure they Jumped through all the legal hoops that they needed to before they built theIr structures. But those were new structures that were bemg built and had to be approved before they could be constructed. Joseph Strange: But they all have the nght permit? Genez Malenbranche: As far as I know. Yes. JanIce Anderson: Thank you ma'am. Mr. Fine. Oh, there IS one more? Donald Horsley: One more lady over here. JanIce Anderson: Okay. Please come. I didn't see you earlier. Thank you. Welcome. Sara Hembree: Good afternoon Plannmg CommIssIoner members. I'm Sara Hembree. My husband Just spoke Jack. We live on JarvIS Road. We have been there for 30 years. I feel that thIS should be m opposItion to the religious ceremony. I thInk It really should stay the way we asked last year. It seems they had a year to make up theIr mmd if they wanted to move, and It seems they have not made any move to do thIS. So, I would just ask you to wrap It up and say no. I feel thIS IS the way It should be done. JanIce Anderson: Thank you ma'am. Are there any questions? Thank you very much. Is there anybody else that I mIssed? Okay Mr. Fine. Moms Fine: Mr. Russo, m answer to your question m my conversations with the BuddhIst people and Sam, who spoke to you. We have not discussed a plan m order to sell it because Item #3 BuddhIst EducatIOn Center of America, Inc. Page 13 the market IS so bad It would be fruitless. I hear what you're saYIng. You would like at least have a for sale SIgn up, and I will certainly counsel them to approach a real estate agent or perhaps put a for sale on the premIses, and see what can be done. ObvIOusly, we need some tIme, a large amount of tIme probably for bnngmg something to fruItIon on an upside sItuatIon that they owe more than what It is worth. Philip Russo: I can appreciate your problem, but with any organization, whether It IS a busmess or not, they are m a difficult pOSItIon. They still need to do some plannmg to make a bad sItuatIOn less bad. Moms Fine: I will certainly counsel them. We will take steps to do that. Philip Russo: Let me ask you also. Do they have any numbers as for whether or not theIr congregation has grown over that past year? Moms Fine: In my conversatIOns with them, they adhere pretty much to the conditions. From what I'm told, the numbers that were granted to them on Sundays. You know they only go from 10:00 to 1 :00 and then staggered, and I thmk It IS a maxImum of 25 on Sunday. I'm told that it was 10 to 15 people that come and that It staggered. Then on these three holidays they have a maXImum of 50. And, that IS also staggered. That IS from 10:00 to 2:00 on those partIcular days. I don't think that anyone IS saying that IS an offense to what they are domg. I guess they don't want a church, a religious facility there. I guess maybe It Isn't what was envlSloned by the people that have opposed It. But we do need an extenSIon. They need an extenSIOn. It Isn't like they're offensive. I Just don't they are, but I will counsel them and get a plan on thIS. JanIce Anderson: Kathy? Kathy KatsIas: Mr. Fine, WIth those pIctures that we saw oflast Sunday's servIces, was that one of the holidays. Moms Fine: Yes. That was one of the holidays. Kathy KatsIas: So, would they object to lettmg the City staff know when the holidays will occur or what day? Moms Fine: I thInk the City already knows It. Kathy KatsIas: It says sometIme m February, sometIme in May, but a specific date. Moms Fine: We will get them speCIfic dates. Sure. Kathy KatsIas: Thank you. JanIce Anderson: Go ahead AI. Item #3 Buddhist EducatIOn Center of America, Inc. Page 14 Al Henley: Mr. Fine, I seem to remember last year, I believe you made a statement that Ideally, that the monks would prefer to move back to Kempsville, because that was ongmally theIr home. Is that true? Moms Fine: I wasn't here last year. I didn't represent them at that time. I don't know what was saId. Al Henley: Do you know where they would prefer to move bemg that they are looking for another locatIOn? Moms Fine: I haven't gone mto that with them. I honestly haven't. So, I can't represent to you what area they would like to go. I know they were happy where they were, and then eminent domain. The property was taken from them by the City for the expanSIOn of the road they were on. Al Henley: Do you believe your clients will be willing to look for in another locatIOn for the education facilities, possibly renting another location, and at least gIvmg them the opportumty to have those education facilities at another location, and the head monk and hIS staff would remam to live at the same location but they would actively need an education facility to be located elsewhere m a rental facility until they could find a permanent home? Morris Fine: I've discussed that wIth them and I don't thInk that IS feasible. I thInk from a standpoint of theIr religIOn, they pray where they live. And, that is part of their religion. That IS theIr temple, from what I understand. So, from a religIous standpomt, they don't break It up. They couldn't have a storefront and have an educatIOn center separately. That is my understanding anyway. Al Henley: Okay. Thank you. JanIce Anderson: Go ahead Joe. Joseph Strange: What about these people that go there? They are not praYIng m theIr home. You say they only pray m theIr home? Morris Fine: They pray in thIS home. ThIS home is the home of the Master Monk, and there are several other monks that live there. They come there on a Sunday as people go to church. And they go between 10:00 and 1 :00, and they pray at that time. It IS my understanding. JanIce Anderson: Kathy? Moms Fine: It might not be the same religion as you and I have, but that IS what theIr religIOn IS. Joseph Strange: I don't thInk thIS was about religIOn. I don't thInk anybody IS trYIng to make that they're BuddhIst an Issue. I didn't hear anybody bnng that up except you. Item #3 BuddhIst EducatIOn Center of America, Inc. Page 15 Moms Fine: No, except I'm saying It IS different. It IS different and It is hard. I don't understand It. I'm unacquamted WIth the BuddhIst religion, so it is different for me. It IS a different culture. I don't fully understand it. Joseph Strange: I don't think anybody has brought that up but you. Morris Fine: RIght. Joseph Strange: That IS what I'm saymg. Jamce Anderson: Kathy, you had a question? Kathy Katslas: I wanted to ask Ms. ChnstIe somethmg. She mentioned thIS mornmg that they had called and requested some mformatIOn on several pIeces of property that they were considering. Could you elaborate on those propertIes? Faith Chnstie: I don't have that informatIOn wIth me. I can proVIde that between now and Council though. Kathy Katslas: Okay. But they were not SUItable. Faith Chnstie: RIght. Kathy Katsias: Okay. Yes. That would be a good Idea. JanIce Anderson: I believe Gene had a question. Gene Crabtree: Mr. Fine, I don't thInk thIS IS about religIOn. I lived m a onental country for four years. I had a BuddhIst temple less than 100 yards or 500 yards from my home. I'm familiar WIth what they do, how they live, and normally the BuddhIsts don't live in their temple. There were tlmes when they were very qUIet. There were tlmes when they were very nOISY. I think thIS Issue is the fact that last year Council gave them one year to comply WIth certain conditions and to do certam things. It seems to be some controversy as to where these thmgs have been accomplished or not. Apparently, some of them have not. They have had one full year. And at the end of theIr meetmg last year in August, they had m September put a SIgn up for sale when the market was still up. I don't thInk anyone sIttmg here nght now could complam or could fault them for that. And the conditIOns clearly say that failure to comply WIth these conditions of any of these shall result m Immediate revocation of the Use PermIt. From where I st.and from day one, those conditions have not been met or at least some of them haven't. So, therefore, It is just doesn't make any difference what religion It is. It has nothmg to do WIth religIOn whatsoever. It's the fact that thIS group of people who are requestmg a ConditIOnal Use Permit in a residential area to another use have not complied WIth what they were told to comply WIth last year. Now they're asking for two years. From my standpomt of VIew, they have VIOlated it and it should be revoked at thIS pomt. Item #3 Buddhist EducatIOn Center of America, Inc. Page 16 Morris Fine: I hear you. Gene Crabtree: And from expenence, I am expenenced wIth the BuddhIst religIOn and their temples. Moms Fine: Alnght. Janice Anderson: Are there any other questIons for Mr. Fine? Thank you. Moms Fine: Thank you. JanIce Anderson: I'll open It up for discussion. Donald Horsley: I'll start the discussIOn off. We had a lengthy discussIOn on thIS issue last year when it came forth, and we sent it on to Council. Council passed a Use Permit wIth one year to get the job done. They could stay there for one year and at the end of the year they should have been relocated. It was stated pretty clearly at the Council meeting this IS what was supposed to happen. I thmk it is a betrayal of the citIzenry If we don't uphold what decISIons are made m the governmental bodies, whether It IS here, or at Council. Last year we kmd of apprecIated the comments of the commumty, the residents, the neIghbors and we said thank you but we think that maybe they need to be allowed to stay there for a year. The neIghborhood has been very qUIet. It has not bothered the resIdents of thIS property. Because they knew that IS was gomg to end m a year. That IS what Council said. And now, all of sudden they see orange SIgnS go up and say what is this all about? Then they start asking questIOns. Then they start thinkmg It'S a breach oftrust m the City government. I don't think thIS IS a good thmg for our City. I'm gomg to have to SIde WIth the resIdents on thIS. I mean, we've given them ample tIme for the relocatIOn to occur. I don't thInk that anybody IS havmg any problem with the people livmg there. I've been told by some of the resIdents that they are good neIghbors. The people that live there are good neighbors. No problem at all but It IS the use of the property m a resIdentIal area. When It gets down to It, it's a residential home m an agncultural area, and thIS use IS Just not proper for It. SO, when tIme for a motIon, I'm gomg to make a motion that the applicatIOn be demed based on those comments. Janice Anderson: Are there any other comments? AI. Al Henley: I'll kmd ofsummanze. I think we do not need to lose the thought of why we're here to begin WIth. SometIme ago thIS organIzatIOn lost a property due to emment domam at Kempsville where they were onginally located. They looked elsewhere. They find a large home m a rural sectIon of VirgmIa Beach. They purchase that home. They set up their facilitIes, theIr educatIonal facilitIes, and they put a lot of the decorative Items m the residentIal neighborhood. All this was done illegally without going through the property process, City local government. In the meantIme, the local reSIdents say, what is gomg on here? We don't understand. InqUIry IS made at City Hall. Long story short, we found that It was an organIzatIon that moved mto thIS particular neIghborhood. We found out that It was Item #3 BuddhIst Education Center of Amenca, Inc. Page 17 illegally placed. The land use for this partIcular locatIon had not been approved for the use of thIS facility. That IS one reason why we're here today because a year ago, they came before thIS body. We made recommendatIOns. And those recommendations went to Council. Council set the bottom line, and say, these are the conditIons. You must look for another place and they agreed to do that along wIth some other stipulations. We come back before thIS body a year later and we find out that those conditions, some of those conditIOns have not been met. And It appears that the organization have not been aggressIve to try and locate another facility. I think that IS very unfortunate. ThIS partIcular process whether it be a tattoo parlor, a busIness orgamzation, another religious facility, you can name the list. It would be the same for those applicants as it would be for these applications. Weare consIstent In the land use pOSItions in the City of Virginia Beach and the use of those facilities governIng those particular geographIcal areas in the city. I just wanted to make sure that everyone understood the process while we're here today. We are returnIng to reVISIt those same conditions what City Council placed upon the applicant a year ago. Thank you. Jamce Anderson: Thank you. Go ahead Dave. DaVId Redmond: A couple of thIngs. Number one, thIS was not at all easy a year ago. It IS not eaSIer today. I don't expect it IS ever gOIng to be very easy. I spoke WIth Mr. Franken and Ms. Lobos both. I always appreciate the people that take the tIme to gtve you a call and talk to you about the agenda items. We had good conversatIOns In both InCIdences. I sIncerely appreciate that. I am unaware of which of these conditions they have not met. I have heard twice now that they have failed to abIde by the conditIOns that were set. I would like to ask the staff If IS theIr OpInIOn if they failed to abIde by the conditIOns that were set. Karen Lasley: Some ofthe conditIOns were wntten as If It was a full-scale long-term church. Some ofthem shouldn't probably even be here. As far as the number of people there, I had not receIved any eVIdence that those had been VIOlated. DaVId Redmond: As I understand it, the event last weekend, which troubled me, the pIcture of all those cars was one of the three sanctIoned special events It would appear they had. I don't know what It 18 that they failed to do. Second, we have a number of times granted ConditIOnal Use PermIts to people who didn't realize that theIr religIOUS facility needed a ConditIOnal Use PermIt. Earlier this very day, by consent, we granted a ConditIOnal Use PermIt to a skateboard ramp In someone's backyard, and he didn't realize he needed a ConditIOnal Use Permit. That doesn't make It illegal, because they didn't know that they had to do It to begIn WIth, and we've done that rather conSIstently In any number of CIrcumstances. I don't find anythmg partIcular earth-shattenng that people don't understand that. Lots of people don't, and we deal with them every month. The Council made a declSlon that I thmk they are gomg to have to make again. I am very uncomfortable WIth the idea that we're tI)'lng to reqUIre someone not to avail themselves of a nght that each, that everyone of us has. These people want to come back In a year and request a ConditIOnal Use PermIt or a vanance or Floodplam vanance. They have every nght to do that under the law. I thInk it IS kmd of unWIse and not a terribly good Idea to tell people forswear today that you won't avail yourself of the nghts that all of us have under the Planning laws. I do not support thIS Item #3 BuddhIst EducatIon Center of Amenca, Inc. Page 18 application as wntten. I think two years IS too long. I would support a one year extenSIOn. And I am completely unsurpnsed that these people don't have a realtor SIgn on theIr lawn. It would be a pomtless exercise m trymg to market thIS house and expect they could recoup their investment. They can't recoup theIr mvestment. They can't pay off that loan. They can't lease a space. They're paYIng a mortgage on a $900,000 pIece of property that they probably can't get half for. I Just don't see how you do that. It IS not a realistIc workable solution. Long term, I can't imagme that facility gIvmg all these contmgencIes remammg in that house doesn't strike me as though they any sort of workable alternative. TheIr hands are tied financIally; so, to expect that they can kmd of wave a magIc wand, and have themselves a new facility and be able to pay for it, IS Just askmg for somethmg that they can't do anymore than lots of other homeowners who overpaId for a certain pIece of property can today. I will offer as an amendment to Mr. Horsley's approval motIon allowmg them to contmue to operate for one year. I thInk that is reasonable. And very frankly, we'll just toss It nght back to Council to have to deal WIth it. And I don't envy them anymore than any of us do either. It IS not an easy thing to do. I think that IS faIr. I thInk we would probably all sleep better m that manner. I thInk Mr. Franken, and he may not like It, but you have indicated that you could live WIth that. You're welcome to change your mmd, If you want to change your mind but that is what I thought I heard you say. Jamce Anderson: I'll grab everyone's motIon here m a minute. We'll let the diSCUSSIOn m, and then I'll come back to everybody. Go Henry. Henry LIvas: Yes. I agree WIth Dave, and I would want to second the motion whenever we get a chance. We've been talkmg about Council did one thmg last year and conditIOns haven't changed. That IS not true. ConditIOns have changed. The real estate market has really gone down, and they have met some mIsfortunes that we couldn't antiCIpate a year ago. So, that is why I would be for extending their ConditIOnal Use PermIt for a year to gIve them a little bIt more tIme to find another place, and also thIS eminent domam SItuatIon. That IS unfortunate. It happens to people; so, therefore, I thmk we should be a little more understanding of thIS group smce they have had that mIsfortune m that past. And I'm glad that we clanfied the VIOlatIons, because we have heard mIxed stones about how many people have been there on the SIte. We even had a bIg deal about the sewage there a year ago. And I understand that IS not an Issue now. So, I think they should be allowed another year. Jamce Anderson: Thank you Henry. Barry? Barry Knight: Mr. Macali, I would like to ask you a questIon If! can? We are wrestling WIth this SItuatIon where It is rural character and the character of life down there. The neIghbors are telling me that they woul9 dearly like to see the monks stay there but they Just don't want to see it as a religIOUS facility, where with most religIOUS facilitIes you want to try and grow your congregatIOn as much as you can. But, If, and I ask you from a legal standpomt, If we deny this applicatIOn, they can't reapply for one year. And I thInk that IS one thing that the people are worned about IS that If you gIve them an extenSIOn, they keep commg back and they come back. So, if we deny thIS, and they can come back for one year, can we gIve them Item #3 Buddhist EducatIon Center of America, Inc. Page 19 SIX months of some sort of grace penod so that way they effectIvely get SIX months but they cant' come back and reapply. They have SIX months where they can't functIOn. Bill Macali: Well, you can't really gIve them a grace period. If City Council denies the Conditional Use applicatIOn, It is an illegal use, and the Council and Plannmg CommiSSIOn have absolutely. It would not be a good thmgJust to say don't enforce it. ThIS sItuatIOn happened before m the context of, I think It was a Wildlife RehabilitatIOn Facility. The same SItuation applied. The way we worked It out IS Just to go ahead and grant the Use Permit for a limIted period of tIme. That doesn't get to what you want to accomplish, but that IS the closest thing that we can do IS just grant a Use PermIt extenSIOn for a short penod of tIme. But you Just simply can't ask the staff not to enforce the Code essentially. Jamce Anderson: Kathy? Kathy KatsIas: Well, my comments, I was gomg to support both Henry and David. I thInk I would be m favor m extending thIS for one more year. And It would be mterestmg to see what Mr. ChristIe comes up WIth as far as other locatIOns that they did inqUIre about. I don't feel like they Jeopardize any of the conditIons m their prevIOUS ConditIOnal Use PermIt. The only thmg that I would recommend IS specIfic dates on the three holidays and letting the City know what dates these events are so the neighbors, so whether they put a sign out the front door or whatever. But, I would be m support of extending If for one more year. Thank you. Jamce Anderson: I Just want to make a comment myself on thIS. I thInk I swmg a bIt more toward Don Horsley's way of thInking. I really do believe that when It came to Council last year, they deCIded that It wasn't a compatible use. Churches are a Conditional Use PermIt m all reSIdentIal areas so, some places they are compatible and some places they are not. I think that was theIr ruling or finding or theIr way ofthought that thIS wasn't compatible for a religIOUS use, and that they did issue It for one year so that they would have tIme so they wouldn't get mto a SItuatIOn like Bill Macali saId where they're lettmg them practIce but not enforcmg It. And It was very clear that they told them that the one year would be a tIme so they could relocate. From my recollectIOn and from the notes, I thInk that was the tIme limIt that they gave them. Unfortunately, If we extend It for six months, I don't know ifthelr finanCial SItuation IS gomg to get any better. Ifwe extend It for a year, I don't think It would help their pOSItIon. Unfortunately, they purchased thIS property WIthout knowing that they had to get a Use PermIt to have a religIOUS facility there. And that IS kmd of theIr SItuatIOn that they are m. I defimtely believe Dave, like you said It IS a hard deciSIOn, but I believe that the City Council told them they had about a year to move and that was graCIOUS for them because they didn't want to cut them off and have them not want them to use the facility while they're 100kmg. But I believe that the CItIzens relied on that and we should follow through. Are there any other comments? If there is not, I'll take motions. Joe, you have a comment first? Joseph Strange; The only comment that I will make if there was some way we could assure the neIghborhood that thIS was only gomg to be there for one year smce the neIghborhood IS willing to go along WIth that, at least Mr. Franken IS, I would support that, but there IS no Item #3 BuddhIst EducatIOn Center of America, Inc. Page 20 way. So, I can't support givmg them an extenSIon knowing that they can come back and get another extension. The City Council gave them a year. They can say what they want. They didn't put it with a real estate company. Maybe they could have sold It. Maybe they couldn't have, but I just don't see where they were proactIve enough to even put It WIth somebody and give it a shot. Maybe somebody would have come along and been so enthralled with that area. It looks like a million dollar pIece of property to me, quite frankly. It IS a beautiful out there. Somebody comes along and wants to spend that kmd of money and they got It. Who IS the say that somebody wouldn't pay a million dollars for It. You never know what IS gomg to happen. All buying IS emotional anyhow. So, somebody may have fallen in love WIth It and wanted to pay two million for it. Who knows? The pomt IS to me nobody tned to sell It. Nobody put It a real estate company. So, I'm not gomg to be able to support the application because of that. Jamce Anderson: Thank you. Go ahead Don. Donald Horsley: I make a motIon that the applicatIOn be denied. Joseph Strange: I second the motIon. Janice Anderson: A motIon by Don and second by Joe. Dave, would you like to make an alternate motIon? Donald Horsley: Madam ChaIr before that, if we can take out conditIOn 3, 4, 6 & 9. That IS only if is approved. It would Just be demed. All of It. JanIce Anderson: Okay? Dave? DavId Redmond: Madam ChaIrman, I make an alternate motIon that we approve the application WIth the one change that it will be for one year and not two years. Henry LIvas: I'll second it. Bill Maca1i: Madam ChaIr. Just for the record, It would a substItute. DavId Redmond: A substItute. Thank you for correcting. Bill Macali: And that of course take precedence and ha to be voted on before the mam motIon. Karen Lasley: Mr. Redmond, could we clarify that conditIon that would be attached to your motion? If you go to page one of the agenda Item, the old conditIons are listed. 1 and 2 are not needed If you keep the number of people attending on the special holidays under 50. And, If It IS a temporary one year approval, m my opmIOn would not need 3, 4, or 6 and then conditIOn 9 of the old approval you could elimmate because there is no proposal at thIS pomt to build the meditation hall. Item #3 BuddhIst EducatIon Center of Amenca, Inc. Page 21 DavId Redmond: Madam Chairwoman to clanfy, my motIon was for a substItute motIon to approve the applicatIon wit the change of a one year extension and acceptmg and that is removing conditions 1,2,3,4,6 and 9. Karen Lasley: I'm sorry, one more thing. Maybe on conditIon 8 if the applicant can notify the Zoning AdmInIstrator say a week before a specIal event. David Redmond: And, with a change, that the applicant notIfies the ZOnIng Admmistrator, one week before one of three specIal events. Karen Lasley: Thank you. JanIce Anderson: Thank you DaVId Redmond: Did we get that right? Karen Lasley: Thank you. JanIce Anderson: Henry, so you do second the substitute motIon. Henry LIvas: Can I second and go on record that I would not vote for another extensIOn next year? Bill Maca1i: As long it is understood that the only thmg that IS on the floor IS the motIon but you can say whatever you feel IS appropriate. Henry LIvas: Our colleague has a concern there, but we could say that we are not gomg to vote for it next year. JanIce Anderson: Okay. We'll go ahead and vote on the substItute motIon first. ThIS IS to approve the applicatIon for the religIOUS facility for a penod of one year with the deletIon of those conditIOns that Karen and Dave had mentIoned due to the short term year approval. Bill Macali: And the one condition that they notIfy the Zoning AdmmIstrator a week m advance of a special event. Janice Anderson: Thank you very much. Okay. AYE 4 NAY 6 ABSO ANDERSON NAY BERNAS CRABTREE NAY HENLEY NAY HORSLEY NAY ABSENT 1 ABSENT Item #3 BuddhIst Education Center of America, Inc. Page 22 KA TSIAS KNIGHT LIV AS REDMOND RUSSO STRANGE AYE NAY AYE AYE AYE NAY Ed Weeden: By a vote of 4-6, the application to approve BuddhIst Education Center has failed. Jamce Anderson: Okay. We'll go forward on the ongmal motion by Don Horsley. ThIS IS a motion to deny the applicatIOn for an extensIon of the ConditIOnal Use for a religIous facility for a time penod of two years. ANDERSON BERNAS CRABTREE HENLEY HORLSEY KA TSIAS KNIGHT LIVAS REDMOND RUSSO STRANGE AYE 6 NAY 4 ABSO ABSENT 1 AYE ABSENT AYE AYE AYE NAY AYE NAY NAY NAY AYE Ed Weeden: By a vote of 6-4, the application of the BuddhIst EducatIOn Center has been demed. Jamce Anderson: Thank you all very much for commg down. Is there anythmg further busmess to be done? Seeing none, the meetmg IS adjourned. Thank you. - 51 - Item V-K.4. PLANNING ITEM # 53623 (Continued) 6, Provide landscape screenmg and a SIX (6) foot vmyl przvacy fence between adjacent residential and the proposedfacility. TIllS Ordinance shall be effective m accordance with Section 107 (f) of the Zonmg Ordinance. Adopted by the Council of the City of Virginia Beach, Virglma, on the Twenty-second of February Two Thousand Four Voting: 6-4 Council Members Voting Aye: Robert M. Dyer. Mayor Meyera E. Oberndorf, Jim Reeve. Peter W. Schmidt. Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: Vice Mayor LoUIs R. Jones, Reba S. McClanan, Richard A. Maddox and James L. Wood Council Members Absent: Harry E. Dlezel February 22, 2005 - 50- Item V-K.4. PLANNING ITEM # 53623 The followmg registered in SUPPORT: Fred VirtucclO. Business Partner, 5556 Paca Lane, Phone: 519-9100 George B. Paulmmo. 1236 Kempsville Road, Phone: 962-7218 Charles Curtis, (representing mother, Marjone Curtis. of 1232 Kempsville Road). 4928 Rachel Street, Phone: 497-7438. advised the applicant had agreed to mstall a 6foot vmylfence around the housmg for semors and disabled persons The followmg registered m OPPOSITION: Joyce Trower, 1228 Kempsville Road. Phone: 495-7004 Rick West. 5220 Sharon Drive, Phone: 495-0740 Upon motion by Councilman Villanueva, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of GEORGE B. & EDNA F. P A ULMINO for a Conditional Use Perlmt ORDINANCE UPON APPLICATION OF GEORGE B. & EDNA F. PAULMINO FOR A CONDITIONAL USE PERMIT FOR HOUSING FOR SENIORS AND DISABLED PERSONS R020531231 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA Ordinance upon application of George B. & Edna F Paulmino for a Conditional Use Permitfor housmgfor semors and disabled persons on property located at 1236 Kempsville Road (GPIN 14654913970000). DISTRICT 2 - KEMPSVILLE The followmg conditions shall be reqUIred: 1 The Conditional Use Permit shall be for prOVISIOn of 8 bedrooms for assisted living care for up to eIght (8) individuals 62 years of age and older. 2. The building shall be protected by centrally monitored alarm systems. Bedrooms and bathrooms shall be served by a centrally monitored call-for-aid system. 3. An automatic domestic fire alarm system and residential fire suppresszon system, meeting the approval of the Virgmia Beach Office of Fire I Plans Review and the City Fire Protection Engmeer. shall be requiredfor the safety of the residents. 4. The house numbers on the front of the reSIdence shall remam clearly visible and unobstructed at all times so that emergency personnel can qUIckly find the house. 5. Signage shall be clearly marked and consistent in color WIth the primary building colors. Signage is limited to one (1) located on the building no more than four (4) square feet. February 22, 2005 LEONILO O. GLORIA M"p ~~f t~-~c"le Leonilo 0 Gloria ~c;Q~) -rdb ~~~~~-~": U~ ~ ~ lr-I ~ D ,D (J '0 . -= 1; "V;T~ >)~~" 8 .0 co,..J'\ Q' o.".~ Gta dJ ~ lv ~({' A~ ") -2 (J' ~ fr 0 0 ~ a ,y~ "" ... _ [l 5 R- S. ':1. cr{lur 0.. c:u ~ Do~ ~\. ,y,yt? \1_ (]. CI n ('j>~n-[:)_" [J ~-nOI~ .~. t? ~ 0' '" 2J U' Ii 0 nu D ~~~-i::,y~ .... I~~_ {J,;IJ .. ~ ~--"'-- " ' V' t? T;J; 0 ~'i. 13 'd.lB Qwo _ \ '\ rpmg Center t? ~~ B ' "I ~~~t?t?,y rL~ ~j~~ulD~I2JP {?~~~~I ~~ ~ ~ 'l~ ~~- "F-IC IoL IR-~ II'!_ ~ r~ ....., t=': 1"l 1p ~J p.. Oii---- ~-I ~ ~: t?~ IJ fill --a:~, L ~~. q '~t:=;lc:3 OJ ~ ::.;:tJ C,;IP' 1--'-"- ~~ >, ~10~1" ~~/' ~z~>~ 'SJfJ'RS~~.". ~67\G1~~'{~Q t2~ S-J ~~, 'PL ~ ~ -HI /?\l ~/~ ~'it~~ ~A~~ f! ~ ~ ~&~',B')Z~~ 1~~i~ ~v _ Ao ~<>'>.~. ,7 A.:"'lL J ill-:' 7i):!.( '!)~ ~~ II. ... ~. ~ ~::--: .711" ("'>oil ~ )'{ '2 'Y~ ~ '.JJ /, ._..~'.11L.. ~~ , N.",~..L .v ~ Modification of Conditions Relevant Information: · Kempsville District · Conditional Use Permit permitting housing for seniors and disabled persons was approved by the City Council on February 22, 2005. · Proposed for modification is Condition 5, which limits signs to one (1) building-mounted sign at no more than four (4) square feet in size. · Applicant desires to retain an in-place freestanding sign at the front of the property; thus Condition 5 must be modified to allow the sign. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0). · Consent Agenda. · No opposition. .{E~~~."~~.~' f'O . 1"" fa -; ''f~ ~\ ~ ;) 'l..,. lr) ~~~,9' ,,' k. ".".;r . ........~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LEONILO O. GLORIA, Modification of a Conditional Use Permit (senior and disabled housing). 1236 Kempsville Road, District 2 - Kempsville. MEETING DATE: August 26,2008 . Background: A Conditional Use Permit permitting housing for seniors and disabled persons was approved by the City Council on February 22, 2005. . Considerations: The applicant desires to modify Condition 5 of the 2005 Use Permit, which stipulates signage must be clearly marked and consistent in color with the primary building colors. Moreover, signage is limited to one (1) sign located on the building at no more than four (4) square feet in size. The applicant desires to retain a freestanding sign at the front of the property that is already in place. The sign is compatible to the main building and appropriate to the surrounding area. The Planmng Commission placed this item on the consent agenda because the request is reasonable, the sign IS appropriate, and there was no opposition. . Recommendations: The Planmng Commission passed a motion by a recorded vote of 11-0 to approve the modification of Condition #5 only, with the following conditions: 1. All conditions with the exception of Number 5 attached to the Conditional Use Permit permitting housing for seniors and disabled persons granted by the City Council on February 22, 2005 remain in affect. 2. Condition Number 5 of the Conditional Use Permit permitting housing for seniors and disabled persons granted by the City Council on February 22, 2005 is deleted and replaced with the following:" The Conditional Use Permit shall allow one freestanding sign as shown on the photograph submitted with the 2008 application." . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Leonilo O. Gloria Page 2 of 2 Recommended Action: Staff recommends approval. PI nnlng Commission recommends approval. Submitting Department/Agency: Planmng Department City Manage~ l <:8lSYl1.. REQUEST: Modification of the Conditional Use Permit approved by the City Council on February 22, 2005 for housing for seniors and disabled persons. LEONILO O. GLORIA Agenda Item 20 July 9, 2008 Public Hearing Staff Planner' Karen Prochilo ADDRESS I DESCRIPTION: Property located at 1236 Kempsville Road. GPIN: 14654913970000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 28,500 square feet The Conditional Use Permit permitting housing for semors and disabled persons was approved by the City Council on February 22,2005. The Conditional Use Permit has SIX (6) conditions: SUMMARY OF REQUEST 1 The Conditional Use Permit shall be for provIsion of 8 bedrooms for assIsted living care for up to eight (8) individuals 62 years of age and older 2. The building shall be protected by centrally monitored alarm systems. Bedrooms and bathrooms shall be served by a centrally monitored call-for-ald system. 3. An automatic domestic fire alarm system and reSidential fire suppression system meeting the approval of the Virginia Beach Office of Fire / Plans Review and the City Fire Protection Engineer, shall be required for the safety of the reSidents. 4. The house numbers on the front of the reSidence shall remain clearly VIsible and unobstructed at all times so that emergency personnel can qUickly find the house. 5. Signage shall be clearly marked and consIstent In color with the pnmary building colors. Signage IS limited to one (1) located on the building no more than four (4) square feet. 6. ProVide landscape screening and a SIX (6) foot Vinyl pnvacy fence between adjacent reSidential and proposed facility. Condition 1 stipulates a maximum of eight (8) bedrooms for assisted liVing care for up to eight (8) indivIduals 62 years of age or older ThIS condition IS requested for modification, as the applicant desIres to Increase the number of IndiViduals and number of bedrooms. The Increase of individuals IS proposed LEONILO O. GLORIA Agenda Item 20 Page 1 from the eXisting eight (8) residents to a total of twelve (12) residents. This would Increase the number of non-ambulatory or cognitively Impaired from a present of five (5) to a total of eight (8) with four (4) ambulatory or cognitively Intact. The number of bedrooms IS proposed to Increase from eight (8) bedrooms to a total of twelve (12) bedrooms. The proposed bedrooms will not require an addition to the structure but conversions of eXisting rooms located on the first floor Also proposed for modification IS Condition 5, which stipulates slgnage must be clearly marked and consistent In color with the pnmary building colors. Moreover, slgnage IS limited to one (1) sign located on the building at no more than four (4) square feet In size. ThiS condition IS requested for modification, as the applicant deSires to retain a freestanding sIgn at the front of the property that IS already In place. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Modified reSidential dwelling SURROUNDING LAND USE AND ZONING: North: South: East: West: . Single-family dwellings / R-15 ReSidential Distnct . Single-family dwellings / R-15 ReSidential Distnct . Single-family dwellings / R-15 ReSidential Distnct . Across Kempsville Road IS Kemps River Shopping Center / B-2 Community BUSiness Distnct NATURAL RESOURCE AND CULTURAL FEATURES: The site IS a residential lot with an eXisting 2-story house. There are a few mature trees on the property. There are no 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) / CAPITAL IMPROVEMENT PROGRAM (CIP): Kempsville Road In the VICinity of thiS application IS considered a four-lane diVided minor urban artenal. The Master Transportation Plan proposes a diVided facility with bikeway within a 150-foot nght-of-way. A Capital Improvement Program project IS slated In the vIcinity of thiS site. Indian River Road Phase VIII (CIP 2.106) Includes construction of an eight-lane diVided highway within a 155 foot nght-of-way from Centerville Turnpike to Kempsville Road and full Improvements at the Indian River Road/Kempsville Road Intersection. Currently, thiS project IS on the 'Requested But Not Funded' Project Listing. It IS unknown at thiS pOint whether thiS parcel will be affected by the Indian River Road/Kempsville Road Intersection Improvements. LEONILO O. GLORIA Agenda Item 20 Page 2 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Kern psville Road 27,732 ADT 26,300 ADT' (Level of EXisting Land Use :l - Service "C") 35 ADT 48,200 ADT 1 (Level of Proposed Land Use 3 - Service "D") 35 ADT 48,200 ADT 1 (Level of Service "E") , Average Dally Tnps 2 as defined by elderly housing facility 3 as defined by elderly housing facility WATER and SEWER: ThiS site already connects to City water and sewer DEPARTMENT OF SOCIAL SERVICES: A conditional license (license Issued to first time licensee) will be explnng on 6-12-08, for eight (8) residents, of which five (5) may be non-ambulatory per the CO Issued. Representatives of the Department of Social Services met with Mr Glona on 1-22-08 to discuss his remodeling of the licensed facility without notifYing the Department of Social Services and Planning Department, and receiving the approvals pnor to making changes to the eXisting structure. A letter was also sent on that date reiterating the diSCUSSion with him. The meeting was prompted after an announced Visit on 12-12-07 discovered that renovations to the property had occurred without notification. The onglnal approval was for the seven (7) rooms added to the back of the house. The Permits and Inspection report dated 9-14-07 notes: 1, bedrooms: 7, and bath: 3 (thiS IS what we currently license). With the exception of the kitchen, no other rooms on the first floor and none on the second floor were considered as part of the licensed facility Since the Initial license, the former front room, dining room, and two other small rooms at the front of the house have been renovated. Dunng thiS conditional license penod, many efforts have been spent on renovating the eXisting structure and trYing to Increase the capacity. The focus dunng the conditional license penod should demonstrate compliance with the regulations and ensunng the needs of those In care were met. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval only of the request to modify Condition 5 for the sign, as conditioned below. Staff cannot support the request to Increase the number of reSidents. Evaluation: The proposed structure IS scaled to accommodate local neighborhood needs and deSigned for continued compatibility with the surrounding area. Unfortunately, thiS IS a wood-framed reSidential structure and IS not suitable to meet the Building Code requirements for additional reSidents, especially non-ambulatory care. The applicant would, In affect, have to totally rebuild the structure to meet the Building Code requirements for the number of units deSired. Additionally, the comments noted above from the LEONILO O. GLORIA Agenda Item 20 Page 3 Department of Social Services demonstrate that, at this pOint In time, the applicant needs to focus on compliance with eXisting regulations and requirements. Thus, only approval of the modification of Condition 5 IS recommends for approval. CONDITIONS 1 All conditions with the exception of Number 5 attached to the Conditional Use Permit permitting housing for seniors and disabled persons granted by the City Council on February 22,2005 remain In affect. 2. Condition Number 5 of the Conditional Use Permit permitting housing for seniors and disabled persons granted by the City Council on February 22, 2005 IS deleted and replaced with the follOWing:" The Conditional Use Permit shall allow one freestanding sign as shown on the photograph submitted with the 2008 application." 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. LEONILO O. GLORIA Agenda Item 20 Page 4 .' ~ , . r:, , ~~ ~ ;I ii, " t ,.-: -;... '..1. <.'.' .~ ~ ~ , .... ,.' .' . z . ~~ ~ . ~ ~ , I I ~ :1 II . a:.. I" . 1..1.. ... '1 : ;n. ,~. H .. ') :~ ~ -; '11 i. .,' L ~ S" .:: lit' ; ii .F~ ,. , ~ l :. ~ :~. t - . ~ t. : I 3, J" I r., . i I I I I I ' : ! I .u_____ -l-:C\ I~ '.~ '" I I' . ~l,.) I I" II t...,.. , r... I ~ I- i -.:. t , I ! _+i,_ ._. __.. _.. . I! :- I' i' I l ".~ .i \ I -1,::., I: I ,"i! i ,II -, ,~ I . I j: r ,. f I ~ , , . I -7"-r.J .'-..Clc1 '.j"J ,'.';" ,',. ',1 . . <' ,. I. . ' ~: . . . ,'., ~ -%-,...-ti ~ : ~'_ I I r' ',I, ,) '.\. .r ),. ft"; ,I .... . .. ('\- I I I i~r~"?;7:'~'.M ',"".: 'J ~ I I "1 t ;;!?/:.":;""/~-/ /"j";:;'~~1 ,1 . 'J~;.,;;-~j~.~}:;/:{~~ ~1 . 't';'~/,. '~l~:'-'''''' ""'~" ~~ . iM~;'::'~;(,;;~~~;/;~~f!~Jt :11 -1!::r;~F/U .,J;''''/-'''.''''/,' '/.~l I ,. l'<<(/'" ';-"J"h' ~ .' f.:x,j~~;i~':~:-~-:;,.,:) I;! I' I ! !~ i II I I ic i, , i i 1 I I: " ;: ",. - I~ . ~ '''I . ~~j .'.:i ..'!-' ~~;; r ~ ,.. " If "~ ! j~ li I . ,. 'I~ ~~ . '. i. /f.h" 'iI' '- ~...-"':'" ql"'. .,' '\ ,-. . . ". i i } I' ,I 1 1 ; r '1 '. ; ~ -: I ,: ill' [.IS 'r.'~':ij,.--... :.. -+: I : ' ._..~_ 1- - t: --: t ,. ..ll ',' t- H ~--_.-~:~ii 1\\ ' j'~ !, ~; I i ':l . I j' ;'w~~: .' r! -. ;'0. ~:JII ~,\ .: .i..::-__ : ~(> EXISTING SITE PLAN LEONILO O. GLORIA Agenda Item 20 Page 5 ~"~~ PHOTOGRAPHS OF EXISTING SIGN AND BUILDING LEONILO O. GLORIA Agenda Item 20 Page 6 Modification of ConditIons 1 12/11/07 Conditional Rezonlnq 0-2 to B-1 Granted 12/02/03 Conditional Use Permit (Church) Granted 01/11/94 Conditional Use Permit (Church) Granted 2 02/22/05 Conditional Use Permit (Housing for Seniors & Disabled) Granted 3 10/26/04 Conditional Rezonmq 0-2 to B-2 Granted 4 01/26/93 Conditional Use Permit (Truck rentals) Granted 5 OS/26/92 Conditional Rezonmq 0-2 to B-2 Granted 6 03/18/85 Sub-divIsion Vanance Granted 7 09/10/84 Conditional Use Permit (Kennel) Granted 8 09/14/81 Rezonlnq R-4 to 0-1 Granted ZONING HISTORY LEONILO O. GLORIA Agenda Item 20 Page 7 z o I I Id c: ~ E2 ~ ~ z c=~ I I ~ I I ~ c=~ c: ~ ~ c=~ z c =~ ~ I I I.d c: ~ I I ~ I I ~ o ~ DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant IS a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. list the applicant name followed by the names of all officers, members, trustees, pa,(tners, etc. belQ..w: (Attach list if '1Pc;ess~) A '1 ;"\. t- . <;\ L . G L CJ F-It-. 'JIU {ft F-(l f L(,. ( Ii '-f f~ c j1.:rS'/ rrf'tl lVi/V~ .,. LE-n,(iiLC 0, (lLd f1-rA - r' 't-!'tfYfr-.-T j AC(/v TA r-. GLMl.(f\ . -reCr>C1-1f;t.)' , 2. list all businesses that have a parent-subsidiary' or affiliated business entitl relationship with the applicant: (Attach list if necessary) Ntb. { ( \ o Check here if the applicant IS NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete thIs section only if property owner IS different from applicant. If the property owner IS a corporation, partnershIp, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers. members, trustees, partners, etc. below (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entitl relationship with the applicant: (Attach list if necessary) o Check here if the property owner IS NOTa corporation, partnership, firm, bUSiness, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an Interest In the subject land? Yes _ No ~ If yes, what IS the name of the official or employee and the nature of their Interest? Modificalion 01 CondItions Applicalion Page 10011' ReVIsed 7/3107 LEONILO O. GLORIA Agenda Item 20 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, Including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1 "Parent-subsidiary relationshl p" means "a relationship that eXists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act. Va. Code ~ 2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that eXists when (i) one business entity has a controlling ownership Interest In the other business entity, (ii) a controlling owner In one entity IS also a controlling owner In the other entity, or (iii) there IS shared management or control between the business entities. Factors that should be considered In determining the eXistence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basIs; or there IS otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101 CERTIFICATION: I certify that the Information contained herein IS true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public heanng, I am responsible for obtaining and posting the reqUired sign on the subject property at least 30 days pnor to the scheduled pUblic heanng according to the Instructions In thiS package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating thiS application ~Y~'[t (J Jtj~r~ I-UJN /LC 6', GlD'P-IA Applicant's Signature Pnnt Name Property Owner's Signature (if different than applicant) Pnnt Name ModifICation of CondItions ApphcallOfl Page 11 of 11 ReVIsed 7/312007 z <=> I I ~ c~ I I ~ ~ ea CI"::J z c:~~ I I F-c I I ~ Z c:=~ C ~ ~ c:-=-~ z C=~ I I ~ C~ I I ~ I I ~ C-~ ~ DISCLOSURE STATEMENT LEONILO O. GLORIA Agenda Item 20 Page 9 Item #20 Leonilo O. Glona ModificatIOn of ConditIOns 1236 Kempsville Road District 2 Kempsville July 9, 2008 CONSENT Joseph Strange: The next item is agenda 20, an application of Leonilo O. Glona for a ModificatIOn of ConditIOns for a request approved City Council on February 22,2005. The property is located at 1236 Kempsville Road, Distnct 2, Kempsville, With two conditIOns. Is there a representative? Karen Prochilo: There doesn't appear to be a representative. Joseph Strange: Is there anyone to accept the conditIOns? Jamce Anderson: We will just go ahead and approve it. Joseph Strange: Is there any opposition to thiS matter bemg placed on the consent agenda? The Chairman has asked Henry Livas to review this item. Henry Livas: This ConditIOnal Use Permit permitting housmg for semors and disabled persons was approved by City Council February 22, 2005. Condition one stipulated a maXimum of eight bedrooms for assisted living care and up to eight mdividuals 62 years of age or older. The applicant is now requestmg that a modificatIOn that will allow 12 reSidents m the home. In fact, the applicant proposes the mcrease of the number of bedrooms to 12 also. However, eight maXimum is allowed due to the code for thiS type of constructIOn. Also, the Department of SOCial Services has not approved the proposed mcrease to 12 bedrooms. The applicant also has a free standing Sign out m front of the building which does not comply With regulations. However, we have had no complaints about that in the neighborhood. Therefore, as far as our recommendatIOns are concerned, we recommend approval only for tbe Sign bemg located m the front ofthe building. And, we don't recommend expanding the number of rooms to 12. Therefore, the applicant will have to contmue to use eight rooms. Joseph Strange: Thank you Henry. Madame Chairman, I have a motion to approve agenda item 20. Jamce Anderson: A motion by Joe Strange and a second by Kathy Katslas. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE Item #20 Leonilo O. Gloria Page 2 BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved Item 20 for consent. ITEM: CITY OF VIRGINIA BEACH, Amendment to Section 108 of the Zoning Ordinance. MEETING DATE: August 26,2008 . Background: Section 108 of the City ZOning Ordinance currently requires that signs giving notice of rezoning, use permits, and similar applications be posted within ten feet of every street that is adjacent to the subject property. Because the term "street" is consistently used throughout the City ZOning Ordinance and elsewhere to include not only the improved portion of the street, but the entirety of the platted street, signs may be posted well away from the traveled portions of a street. . Considerations: The proposed amendment would require that signs giving notice of zoning applications be posted within ten feet of the paved portion of the street or, where there is a sidewalk present, within ten feet of the sidewalk. In addition, the amendments include an express requirement that signs be posted and maintained so as to be free from obstructions of any kind. The effect will be to enhance the Visibility and legibility of such signs. Subsection (c) provides that any person to whom the required written notice has been sent, or any person otherwise having actual knowledge of a zoning application, may not contest the City Council's action on the application on grounds that the sign was Improperly posted. In addition, the last sentence makes it clear that no one who would otherwise lack standing to challenge a City Council decision will have standing simply because a sign was not correctly posted. The provisions of Subsection (c) are similar to similar provisions In the Virginia Code regarding required notice of zOning applications. The Planning Commission placed this item on the consent agenda because the proposed amendment clarifies where the required notice sign is to be posted, it improves the visibility of the sign to the general public, and there was no opposition to the proposal. CITY OF VIRGINIA BEACH - AMENDMENT TO SECTION 108 Page 2 of 2 . Recommendations: By a vote of 11-0 the Planning Commission recommends approval of this amendment. . Attachments: Staff Review Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. The Planmng Commission recommends approval. Submitting Department/Agency: Planning Department City Manager~l> k. · ~ CITY OF VIRGINIA BEACH AMENDMENT TO SEC. 108 Agenda Item 12 July 9, 2008 Public Hearing REQUEST: An Ordinance to amend Section 108 of the City ZOning Ordinance by establishing requirements for the posting of signs gIVIng notice of certain zoning applications, SUMMARY OF AMENDMENT The current ordinance requires that signs giVing notice of rezoning, use permits, and similar applications be posted within ten feet of every street that IS adjacent to the subject property. Because the term "street" IS consistently used throughout the City Zoning Ordinance and elsewhere to Include not only the Improved portion of the street, but the entirety of the platted street, signs may be posted well away from the traveled portions of a street. The proposed amendment would require that signs giving notice of zOning applications be posted within ten feet of the paved portion of the street or, where there IS a Sidewalk present, within ten feet of the Sidewalk. In addition, the amendments Include an express requirement that signs be posted and maintained so as to be free from obstructions of any kind. The effect will be to enhance the Visibility and legibility of such signs. Subsection (c) provides that any person to whom the required written notice has been sent, or any person otherwise having actual knowledge of a zOning application, may not contest the City Council's action on the application on grounds that the sign was Improperly posted. In addition, the last sentence makes it clear that no one who would otherwise lack standing to challenge a City Council decIsion will have standing Simply because a sign was not correctly posted. The prOVIsions of Subsection (c) are Similar to Similar provIsions In the Virginia Code regarding reqUired notice of zOning applications. RECOMMENDATION The proposed amendments are recommended for approval. The amendments address vanous Issues that have occasionally occurred pertaining to the posting of public notice signs since the last amendment to thiS section of the ZOning Ordinance In 2003. CITY OF VIRGINIA BEACH Agenda Item 12 Page 1 Item #12 City of Virginia Beach An Ordinance to Amend Section 108 of the City Zomng Ordinance by establishmg requirements for the posting Of SIgnS giving notice of certam zoning applicatIOns July 9, 2008 CONSENT Joseph Strange: The next Item is item 12, an Ordinance to amend Section 108 of the City Zomng Ordinance, by establishing requirements for the postmg of SIgnS gIvmg notice of certam zoning applications. Is there any opposItion to thIS matter bemg placed on the consent agenda? The Chairman has asked Bill Macali to review this Item. Bill Macali: Members of the Plannmg CommIssion, the current ordinance specifies that signs givmg notice to zomng applicatIOns have to be posted wIthm 10 feet of a CIty street. The way the term "street" IS used in the City Zomng Ordinance mcludes the unpaved portIOn of the street. In other words, the entire platted street, where that area is considered wIder than the paved portIOn. A SIgn could be posted m such a manner as to be difficult to see m certam CIrcumstances, a lot further from the travel portIOn of the street. What this ordinance does IS specify that a sign has to be posted withm 10 feet of either the paved portion of the street, or If there is sIdewalk, wIthm 10 feet of the sIdewalk. It also adds provIsions reqUIring the sign to be unobstructed at all times, and the purpose IS just to make the SIgnS more VIsible to people. There IS another section that states that if a person has receIved notice of an applicatIOn, which is reqUIred under the Code, he or she cannot contest the actIOn of the City Council because the SIgn IS posted improperly. That bemg If the person has receIved notice through gettmg a letter from the City, then there IS no sense m allowing you to contest the actIOn if you already have notice. Joseph Strange: Okay. Thank you Bill. Madame ChaIrman, I have a motion to approve agenda Item 12. JanIce Anderson: A motlon by Joe Strange and a second by Kathy Katsias. 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 RUSSO AYE Item #12 City of Virginia Beach Page 2 STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved Item 12 for consent. 1 AN ORDINANCE TO AMEND SECTION 108 OF THE 2 CITY ZONING ORDINANCE BY ESTABLISHING 3 REQUIREMENTS FOR THE POSTING OF SIGNS 4 GIVING NOTICE OF CERTAIN ZONING 5 APPLICATIONS 6 7 Section Amended: City Zoning Ordinance Section 8 108 9 10 Whereas, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 108 of the City Zoning Ordinance IS hereby amended and 17 reordarned to read as follows: 18 19 Sec. 108. Posting of signs relating to applications for rezoning, etc. 20 21 (a) In any case rn which a property owner or other authorized person petitions 22 the city council for the approval of any application seeking a rezoning, conditional use 23 permit, approval of a PD-H1 or PD-H2 land use plan, resolution pertaining to a 24 nonconforming use or structure, subdivision or floodplarn variance or reconsideration of 25 conditions, the applicant shall erect, on the property which IS the subject of the 26 application or within the unimproved portion of the abuttina public street, a sign of a 27 Size, type and lettering approved by the planning director. All such sions shall be 28 posted and maintained in such manner as to be unobscured by veoetation or other 29 obstructions. One such sign shall be posted within ten (10) feet of the paved portion or, 30 if present. the Sidewalk of every public street adjoining the property or in such alternate 31 location or locations as may be prescribed by the planning director. Such sign shall be 32 erected not less than thirty (30) days before the planning commission hearing, or if 33 none, the city council hearing, and shall state the nature of the application and date and 34 time of the hearing. Such signs may not be removed until the city council has acted 35 upon the application, and shall be removed no later than five (5) days thereafter. In any 36 case in which the planning commiSSion or city council determines that the requirements 37 of this section have not been met, the application shall be deferred; proVided, however, 38 that the city council may, for any other appropriate reason, deny such application. 39 40 (b) Applications before the board of zOning appeals shall be subject to the 41 requirements of subsection (a) hereof. Any application in which such requirements have 42 not been met may be deferred or denied by the board. 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 79 80 81 82 (c) No person havinq actual notice of an application for which a Slqn is required to be posted by this section. or to whom a written notice meetinq the requirements of Virqinia Code Section 15.2-2204 has been mailed. shall contest the validity of any city council action by reason of the applicant's failure to comply with the provisions of this section. Nothinq in this subsection shall be construed to create any new nqht to contest the action of the city council. COMMENT The current ordinance requires that signs giving notice of rezoning, etc. applications be posted within ten feet of every street that is adjacent to the subject property. Because the term "street" is consistently used throughout the City Zoning Ordinance and elsewhere to include not only the improved portion of the street, but the entirety of the platted street, signs may be posted well away from the traveled portions of a street. The proposed amendment would require that signs giving notice of zoning applications be posted within ten feet of the paved portion of the street or, where there is a sidewalk present, within ten feet of the sidewalk. In addition, the amendments include an express requirement that signs be posted and maintained so as to be free from obstructions of any kind. The effect will be to enhance the visibility and legibility of such signs. Subsection (c) provides that any person to whom the required written notice has been sent, or any person otherwise having actual knowledge of a zoning application, may not contest the City Council's action on the application on grounds that the sign was improperly posted. In addition, the last sentence makes it clear that no one who would otherwise lack standing to challenge a City Council decision will have standing simply because a sign was not correctly posted. The provisions of Subsection (c) are analogous to similar provisions in the Virginia Code regarding required notice of zoning applications. CA-10727 May 29, 2008 R-2 Approved as to Content: Approved as to Legal SuffiCiency' ; 2 ~.~ ,(""~~"" . "to;'I'~'l f?{:r......, . K~, (5 . t l~~ \\~~# ~~.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach - Amendment to City Zoning Ordinance pertaining to Communication Towers and Antennas. MEETING DATE: August 26,2008 . Background: An Ordinance amending City Zoning Ordinance regulations pertaining to communication towers and building-mounted antennas, including definitions, pre- application and application requirements, locational and landscaping and other requirements, and zoning districts where permitted. The City Council deferred this item on July 8, 2008, requesting that Staff proVide the Council with a presentation regarding the amendment, as well as offering the City Council an opportunity to discuss the new provisions Introduced by the amendment. A briefing was provided to the City Council on August 19, 2008. . Considerations: In December of 2007, the City Council requested the City staff to review the current zoning regulations pertaining to communication towers, particularly in regard to the Impact of new technologies, the affect of wireless communication antennas on the ability of emergency responders to communicate, and the desire for Wireless communication proViders to co-locate on eXisting facilities. The proposed amendments are the result of staff's review, as well as the Input of representatives of the Wireless communication providers and tower construction firms. The amendments to Section 111 redefine the terms "building-mounted antenna" and "communication tower." The new definition of "building-mounted antenna" contains technical changes only, and the new definition of "communication tower" clarifies the term and preserves the existing exemptions for private home use of satellite dishes and television antennas or licensed amateur radio operators. In addition, a new definition, "Wireless telecommunications equipment," is added as a term encompassing antennas and their associated equipment. The amendments to Section 232 revise and expand many of the existing provisions regarding communication towers and add new requirements not present in the current ordinance. Some of the proviSions have been Incorporated CITY OF VIRGINIA BEACH - AMENDMENT TO THE ZONING ORDINANCE COMMUNICATION TOWERS AND ANTENNAS Page 2 of 2 Into the revised ordinance (e.g., setbacks, landscaping). A summary of the changes are provided in the attached staff report. . Recommendations: The Planning Commission voted 10-0 to recommend approval of the amendments; however, the commission modified the proposed ordinance to allow, with a Use Permit, a communication tower to locate in an area zoned P-1 Preservation District that is used or set aside for purposes of preserving open space In its undeveloped or natural state. The version of the ordinance recommended by staff recommended that towers be 'not permitted' in such areas. The staff version allows towers In areas zoned P-1 Preservation only if those areas are used for recreational purposes (golf course, ball field, etc.). Staff recommends that City Council not adopt the Planning Commission's modification of thiS proVision of the ordinance, as the vast majority of areas that are zoned P-1 Preservation and are 'used for purposes of preserving open space in its undeveloped or natural state' were either acquired by the City for that purpose or set aSide for that purpose as a proffer of a zoning change or condition of a use permit. Such areas are not appropriate locations for communication towers, their associated equipment, and the access roadways that serve them. . Attachments: Staff ReView Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval (without the modification of the P-1 District recommended by the Planning Commission). Planning Commission recommends approval with modification to the P-1 District allOWing towe S In pen space and natural areas). Submitting Department/Agency: Planning Department CityManage~ k .~~ CITY OF VIRGINIA BEACH I AMENDMENT TO THE CITY ZONING ORDINANCE (COMMUNICATION TOWERS AND ANTENNAS) Agenda Item 26 June 11, 2008 Public Hearing REQUEST: An Ordinance amending City ZOning Ordinance regulations pertaining to communication towers and building-mounted antennas, Including definitions, pre-application and application reqUirements, locational and landscaping and other reqUirements, and zoning districts where permitted. SUMMARY OF AMENDMENT In December of 2007, the City Council requested the City staff to review the current zOning regulations pertaining to communication towers, particularly In regard to the Impact of new technologies, the affect of wireless communication antennas on the ability of emergency responders to communicate, and the desire for wireless communication providers to co-locate on eXisting facilities. The proposed amendments are the result of staffs reView, as well as the Input of representatives of the wireless communication prOViders and tower construction firms. The amendments to Section 111 redefine the terms "building-mounted antenna" and "communication tower" The new definition of "building-mounted antenna" contains technical changes only, and the new definition of "communication tower" clarifies the term and preserves the eXisting exemptions for private home use of satellite dishes and teleVISion antennas or licensed amateur radio operators. In addition, a new definition, "Wireless telecommunications equipment," IS added as a term encompassing antennas and their associated equipment. The amendments to Section 232 revise and expand many of the eXisting prOVISions regarding communication towers and add new requirements not present In the current ordinance. Some of the provISions have been Incorporated Into the reVised ordinance (e.g., setbacks, landscaping). The changes are more particularly described below, by subsection: . Subsection (a) [Lines 250-261] adds a statement of purpose, as the current ordinance does not contain one. The unifying theme of the stated purposes IS the desire to balance the need for Wireless telecommunications services with the goal of minimizing the number of commUnication towers by requIring co-location where feasible and ensuring that new commUnication towers will be located on sites where their Visual Impacts have been carefully evaluated. . Subsection (b) [Lines 263-287] requires that a preapplication conference between the applicant and Planning Director (or designated staff) be held for the purpose of determining the availability of other potential sites for the proposed commUnication tower and discussing other Issues CITY OF VIRGINIA BEACH Agenda Item 26 Page 1 relevant to the application. This provIsion formalizes the preapplication conference as a reqUired procedural step In the application/revlew process, as no application may be filed until a preapplication conference has been held. · Subsection (c) [Lines 289-396] sets forth application reqUirements Intended to provide all Information necessary to effectively evaluate an application. Special provIsions relating to protection of public safety communications facilities are added, as well as provIsions Intended to allow the staff to evaluate whether the construction of a new a proposed communication tower may be aVOIded by means of collocation of antennas on an eXisting site. In particular' o SubdivIsions (1) - (4) [Lines 292-317] are largely taken from the current ordinance; engineering data, however, IS required to be submitted under seal of a profeSSional engineer licensed to practice In Virginia. o SubdivIsion (5) [Lines 319-336] IS new. It prOVides that if a proposed communication tower IS to be located within one-quarter mile of any residential or apartment zOning district or use, the applicant must submit balloon tests, computer-generated photographic simulations shOWing the tower In its proposed location, visibility maps, and other Information necessary to assess the visual Impact of the tower and its appurtenances. The applicant must also provide a summary of the applicant's contacts with the residents of the area regarding the proposed tower o SubdivIsion (6) [Lines 338-364], which IS also new, essentially requires the applicant to demonstrate a lack of availability of co-location opportunities or sites at which the Visual Impact of a new communication tower would be less that at the proposed site. Specific Information reqUired Includes the absence of eXisting towers, monopoles or structures meeting technical needs of the applicant within the appropnate geographic area; engineering analyses demonstrating that the applicant's proposed eqUipment would cause Interference with the equipment on an eXisting tower of other structure or vlce- versa, or eVidence that the contractual provIsions required to co-locate the applicant's antenna equipment on an eXisting communications tower, or to construct a communications tower on property to be purchased or leased, would be commercially unreasonable In light of the location of the proposed facilities. o SubdivIsion (7) [Lines 366-382] IS also new. It contains a requirement, for proposed wireless telecommunications equipment to be located within one mile of an eXisting public safety communications facility, that a detailed Intermodulation study be submitted under seal by a professional engineer licensed to practice In Virginia to determine whether the proposed eqUipment will Interfere with the public safety facilities. o SubdiVISion (8) [Lines 384-387] requires a map illustrating that the proposed communications equipment will not be located within a 200 - foot buffer of the microwave path between any eXisting public safety communications sites. ThiS prOVISion IS also new. o SubdiVIsion (9) [Lines 389-396] IS new, and applies to applications for proposed Wireless telecommunication equipment to be located on a water tank or within the secure area of a water tank site. It requires a security plan shOWing the times at which access to the proposed eqUipment will be allowed, the Identities of the persons with authonzed access to such facilities and such other Information as the Director of Public Utilities may require. If a security plan IS part of the lease between the City and the applicant, however, the CITY OF VIRGINIA BEACH Agenda Item 26 Page 2 reqUirement does not apply. . Subsection (d) [Lines 398-439] contains locational and design requirements for communication towers. It sets forth the pnmary factors the City Council IS to consider In determining whether to grant or deny a conditional use permit for wireless telecommunication eqUipment. Those findings Include: o Whether the antennas or other equipment Intended to be affixed to a tower cannot be accommodated on an eXisting or approved tower within such radius as IS reasonably necessary to provide adequate coverage and capacity; o Whether the proposed tower IS designed structurally and In all other respects to accommodate both the planned equipment and comparable equipment of at least two (2) additional users if the proposed tower IS greater than one hundred (100) feet In height or at least one additional user if the proposed tower IS less than one hundred (100) feet In height; o Whether the proposed application conforms to the reqUirements of subsection (h), pertaining to public safety communications facilities and water tanks; and o Whether the applicant has agreed, In writing, to allow the co-location of the equipment of other wireless telecommunications providers, to the extent of the capacity of the proposed communication tower, upon commercially reasonable terms applicable to the location of the proposed tower . Subsection (e) [Lines 441-447] contains construction reqUirements, which are generally similar to eXisting provIsions. . Subsection (f) [Lines 449-485] sets forth landscaping and screening requirements, which are generally Similar to eXisting provIsions. . Subsection (g) [Lines 487-507] contains setback reqUirements generally Similar to eXisting provIsions. . Subsection (h) [Lines 509-535] adds new requirements concerning the protection of public safety communication facilities and water tanks. These provIsions are Intended to ensure that the operation of such facilities IS not compromised by pnvate wireless communications. In particular' o No pnvate wireless telecommunications equipment shall be allowed: (i) on sites with public safety communications facilities or within the secure compounds of such sites; (ii) In any location where the Director of Communication and Information Technology determines, based upon an Intermodulation study, that the operation of the proposed wireless telecommunications facilities would present a substantial possibility of causing Interference with one or more public safety communications facilities and cannot be satisfactorily mitigated; or (iii) In any location within a 200 - foot buffer of the microwave path of any eXisting or future public safety communications microwave facility. o No pnvate Wireless telecommunications equipment shall be allowed on any City water tank or within the secure area of any water tank site unless there IS a demonstrable public need for Wireless telecommunications services In the area to be served by such facilities and there IS no reasonable alternative site available. In such cases, the CITY OF VIRGINIA BEACH Agenda Item 26 Page 3 applicant shall be required, as a condition of the conditional use permit, to comply at all times with the security plan approved by the City Council. . Subsection (i) [Lines 537-556] prohibits slgnage, Incorporates Federal Communications Commission and Federal AViation Administration reqUirements and provides for periodic Inspections of communication towers by the City. . Subsection 0) [Lines 558-574], which IS new, allows communication towers that are affixed to major electric transmiSSion line structures and that meet the requirements of the subsection as permitted (Le" by-nght) uses. The Intent of this subsection IS to encourage communication towers on electnc transmission towers by providing an Incentive (Le., not requlnng a conditional use permit) to locate them on such towers. Building-mounted antennas are similarly encouraged, but are not allowed at all unless they conform to the reqUirements of subsection 0). The amendments also revise the use tables found In the vanous distnct regulations of the ordinance, pnmarily to reflect the definition modifications proposed for Section 111 The most significant change In the use tables allows communication towers that are affixed to major electric transmission line structures and that meet the reqUIrements of the subsection 0) [last bullet above] as permitted (Le., bY-right) uses. RECOMMENDATION Approval of the amendments IS recommended. The amendments update Section 232 to reflect new wireless communication technologies, protect the ability of emergency responders to communicate without Interference from pnvate-sector wireless communication facilities, and ensure that all co-location possibilities have been Investigated. CITY OF VIRGINIA BEACH Agenda Item 26 Page 4 Item #26 City ofVirgIma Beach An Ordinance amending City Zonmg Ordinance regulatIOns Pertammg to commumcation towers and building mounted Antennas, mcluding defimtions, pre-applications and application ReqUIrements, locational and landscapmg and other reqUIrements And zomng distncts where permItted June 11, 2008 REGULAR Barry KnIght: The last public Item to be heard today IS agenda Item 26, City ofVirgIma Beach. An ordinance amending City Zomng Ordinance regulations pertaming to commumcatlOn towers and building-mounted antennas, mcluding defimtlOns, pre-application and application reqUIrements, 10catlOnal and landscapmg and other reqUIrements, and zomng distncts were permItted. Jamce Anderson: Mr. Macali. Bill Macali: If you don't mmd Madame Chairman and members of the CommIssIon, I'll Just go through the PowerPomt once It comes up on the screen. We can go ahead and go through It that way. Jamce Anderson: Thank you. Kathy Katslas: Is It workmg? Stephen WhIte: I had to reboot It. Bill Macali: ThIS IS kmd of a Mac commercIal. Jamce Anderson: You don't smg or dance Mr. Macali? Bill Macali: No ma'am, I wIsh I did. Jamce Anderson: Okay. I'mJust wondenng. Maybe you had some hIdden talents we didn't know about. Barry KnIght: Would you like to practice your speech on us? Bill Macali: What you see IS what you get. Stephen WhIte: Here It comes. It's slow. Bill Macali: Can we go to the next slide? First, as I mentioned m my bnefing thIS mornmg, the ordinance IS not nearly as complicated and changes have not been nearly as extensIve as Item #26 City ofVirg1Ola Beach Page 2 it would appear to be 10 your agenda, sImply because we've repealed the eXlst10g ordinance 10 ItS entIrety and 1Ocorporated most of that, and added new th10gs 10 the ordinance that's deemed the "new ordinance" before you today. What we've done essentIally IS to formalize the eXIst10g revIew process. In other words, we've put 1Oto the ordinance actual wntten reqUIrements for th10gs that the Plann10g Department and other City departments already do. But It certa10ly doesn't hurt to formalize them, make them an absolute reqUIrement for anybody who IS seek10g a communIcatIOn tower. It IS Just eaSIer. No mIsunderstandings that way. We've added a few new applicatIon reqUIrements, whIch I'll mentIOn. We've added a few new standards by whIch the Plann10g CommIssIon recommends, and the City Council actually approves or denIes Use PermIt applicatIOns for commUnIcatIon towers. We've added specIal reqUIrements for public safety commUnIcatIon SItes and water tanks. The fourth category of th10gs that the ordinance does IS to proVIde 10centIves for the use of electnc transmissIOn towers and eXIstIng buildings as SItes for antennas. First thIng that we've done IS to reqUIre that before an applicatIon IS submItted, the applicant, the cell tower proVIder, must have a pre-applicatIon conference WIth the Planning Department and other 10terested City departments. At those meetIngs, they discuss co-locatIon possibilitIes, the possibility of puttIng a proposed tower at different sItes. In Issues related to thIngs like potentIal Interference WIth City SItes and other antennas from the proposed antenna. Another new reqUIrement IS that when a proposed SIte IS wlth10 a quarter mile of a reSIdentIal or an apartment distnct or use, there IS no magIC In the quarter mile, we Just thought It was a reasonable figure to reqUIre thIS for, the applicant has to submIt thIngs like balloon tests, computer generated photographs or other things that are needed to assess the VIsual Impact of the tower. Balloon tests of course, IS the way you fly a balloon on a stnng. People get to see pretty much what the tower IS gOIng to look like, at least where It IS gOIng to be and hIgh It IS gOIng to be. The applicant will also have to submIt a summary of the proposed contacts WIth the reSIdents of the area. What do you plan on dOIng to notIfy all the people who live In thIS area that there IS gOIng to be a cell tower applicatIon out there, and once those contacts have occurred, the substance of them has to be reported to the PlannIng Department, that would be well before the matter comes to the PlannIng CommISSIOn, so even before the PlannIng CommIssIon takes, or at least by the tIme the PlannIng CommiSSIOn takes up the applicatIOn, there will be a very good sense on how the commUnItIes reacted to the proposed applicatIOn. These reqUIrements are for the protectIon of public safety commUnIcatIon facilitIes. In order to make sure that there won't be any Interference WIth those commUnIcatIon facilitIes, whIch IS somethIng that the City absolutely can't tolerate, police, commUnICatIon, and fire, all of those thIngs. If a tower IS WIthIn one mile of an eXIsting or planned, 10 other words, a future public safety commUnIcatIon facility, the applicant has to submIt what IS called a "intermodulatIon study", whIch IS baSIcally an Interference study, and the map show1Og that the proposed tower will not be WIthIn a 200 foot buffer for City mIcrowave paths. They're techmcal reqUIrements. There even more technIcal and expanded upon In the ordinance. We got those directly from our COM-IT department, and they were part of the diSCUSSIOns between the City staff Involved In thIS ordinance, and the cell tower prOVIders, representatIves of whom or pretty much all the proVIders were present when thIS ordinance was beIng discussed. I probably should have mentIoned that before, but thIS IS a cooperatIve effort WIth the cell tower proVIders. If a proposed antenna array or commUnIcatIOn tower IS on a water tank, there has to be a secunty plan WhICh shows how the facilitIes will be Item #26 City of Virginia Beach Page 3 accessed. Who can access them? What tImes of the day. Thmgs like that, because water tanks are City property, and that would also be covered m a lease. Now, when I mentIOned that there were some additIOnal standards for grantmg or demal, these are those. In additIon to the usual Use PermIt standards that apply to every smgle ConditIOnal Use PermIt, City Council would be reqUIred to gIve prImary conSIderatIOn to the availability of eXIstmg towers for the applicant's facilitIeS. In other words, If there are any m the area that could reasonably accommodate the towers, both m terms of the weIght of the proposed antennas, the coverage IS gomg to reach the area they need to do. Things like that. And, the other prImary factor IS whether or not the proposed tower has a collocatIon capacIty In other words, It has the ability to accommodate other proVIders antennas as well, and the reasonmg there IS obVIOusly Just to keep the number of towers down. If you could put three or four prOVIder's antennas on one tower, that IS much better than havmg four separate towers, each WIth one antenna or two or somethmg like that. The applicant, by the way IS also gomg to be reqUIred to acknowledge that It will allow collocatIOn on commerCIally reasonable terms We're assured that there IS a great deal of cooperation m the mdustry such as that; It shouldn't be a problem. Now there are a couple of absolute bars to where towers can be located. They can't be located eIther on a public safety commumcation facility or wlthm a secured compound of such a facility, If the InformatIOn Technology Department determmes there will be a substantIal possibility that there would be mterference caused by the tower, and that mterference can't be satisfactorily mItIgated. Also, there could not be any new towers wlthm the 200 foot buffer of the mIcrowave path, as we've discussed before. Water tanks are another SItuatIon which there IS an absolute bar to them. You can't have then on a City owned water tank or wlthm the secured area unless there IS what IS called m the ordinance a "demonstrable" public need for the WIreless commumcatIon facilitIes m the area, and that there IS no reasonable alternatIve available. Reasonable alternatIve available doesn't necessarily mean the cheapest alternatIve, but It does mean a reasonable alternatIve. There's not really much of a possibility of bemg able to find an alternatIve SIte. In those cases when the applicant IS able to make determmatIon or comply WIth that reqUIrement as a ConditIOnal Use PermIt, they will have to comply at all tImes WIth a securIty plan. Again, as I mentIOned, the securIty plan will be m the lease. It will also be m the Use PermIt so that If It IS not complied WIth, the Use PermIt can be revoked. The last thmg we've done IS proVIde mcentlves. It IS better for people to put antennas on eXlstmg buildings If possible or on electrIcal transmISSIOn line towers. And the way we've mcentIvized that IS SImply not to reqUIre ConditIOnal Use permIt for those thmgs, If certain reqUIrements are met. First to the extent practicable, the facility should match the color of the structure on whIch they're mounted, Just a disgUIse type by camouflaging Idea. CommumcatIon towers don't project 20 feet above the electrIcal transmISSIon line tower. With respect to building mounted antennas, they have to be m the least VIsible locatIon practIcable. And even though that last part IS cut off, what IS says IS that there IS only one building mounted antenna allowed on any building less than 75 feet m heIght. I know that IS kmd of a very qUIck overvIew of the ordinance. Those are the important parts. We did mentIOn earlier today the preservation distrIct Issue where we would not allow towers m P-l zoned areas preservatIon distrIct, but only those areas zoned P-I that are set aSIde for open space purposes m theIr natural undeveloped state. Other P-l areas, they would be allowed WIth a ConditIonal Use PermIt or If they meet these requIrements If they can find a building or electrIcal transmISSIon tower at one of those. Item #26 City ofVirgmla Beach Page 4 Agam, I apologIze, I guess for bemg so qUIck about thIS. Maybe I shouldn't apologIze, but I will certamly answer any questIOns. I will do my best to address any concerns wIth the CommIssion. JanIce Anderson: Thank you Mr. Macali. Are there any questIons of Mr. Macali at thIS tIme? Go ahead Barry Barry KnIght: Mr. Macali? If we had a hIgh tensIon line or a power transmISSIOn line like we viSIted a couple of months ago. It was on Parliament Dnve, and It went through a ConditIOnal Use PermIt process, and the public was notIfied, the public on that particular Issue didn't have any problem, I don't thInk with the antenna, and after, I believe If you or PlannIng explaIned the landscapIng that was gOIng around It, It alleVIated theIr fears. That IS what IS gOIng to happen here. But, I was wondenng about the generators. Most all of them have generators. SometImes In a reSIdentIal distnct, theIr bedroom WIndow could possibly be pretty close to thIS statIC tower that maybe has been there 20 or 30 years WIth no nOIse assOCIated WIth It. And, If we don't gIve that neIghbor any opportunIty to comment or possibly maybe no notIficatIon of It, and all ofa sudden at 3:00 a.m. In the mornIng the electnclty goes off and thIS generator fires off, and they weren't notIfied, IS there anyway we can notIfy them or does that need to be opted out? What suggestIOn do you have on that? Bill Macali: There IS no reason why there can't be notIficatIOn. That IS certaInly somethIng we can wnte In there. Barry KnIght: Okay. Bill Macali: What exactly that would be that IS open to debate. But, It certaInly can be done to address your general concerns. Barry KnIght: Thank you. JanIce Anderson: Is there anyone else at thIS tIme? Thank you Mr. Macali. Mr. KnIght, do we have other speakers? Barry KnIght: Yes I do. Mr. Gambrell. Bill Gambrell: I like consent agendas. They are nice and short and you don't have to listen to me very much, but today, I'll also make a short presentatIOn to tell you that Mr. Macali, Mr. WhIte, and all of the people on the staff have done a great job of workIng WIth thIS ordinance. I'm bIased towards thIS. I do a lot an awful lot of work WIth telecommUnIcatIon prOVIders, and my preVIOUS expenence workIng With the City and dOIng commUnIcatIOn work WIth them gives me an awful lot of tIme and experience With them. What Mr. Macali has outlined for you IS exactly correct. There are a couple of observatIOns that changes mIght be appropnate. Mr. Knight's pOInt about perhaps requmng a Use Permit for major transmISSIon line antennas If you do a facility on one of those In a reSidentIal area might be appropnate. It IS not for me to speak to adding additIonal regulatIons for the Industry now, Item #26 City of Virgmla Beach Page 5 because I represent the mdustry. So, I also represent for the mdustry that the flush-mounted antennas that thIs CommISSIOn and City Council has embraced on many occaSIOns to be decrease the amount of VIsual blight, If you will, has been an appropnate appomtment that has not been mcluded m thIS ordinance. One final observatIon about thIS ordinance IS, and Mr. Macali can correct me, but on the major power transmISSIon lines, m many mstances, havmg just a smgle user may not be the most appropnate thmg because there are major power transmISSIon lines where that structure can accommodate more than one user wIth 20 or 25 feet, and that may be something that you may want to have precluded by adoptmg thIS ordinance. I would suggest to you that you may want to allow for multIple users. You may want a Use PermIt for the second user on these, but you may want not to preclude them. Also, m the preservatIon areas, I know Mr. Macali IS certam about that. I thmk m many mstances, he IS absolutely correct. These places are supposed to be left open as preservatIOn, but there may be some mstances where It may be the most appropnate thmg and denymg yourself the opportunIty to even accept an applicatIon and make a vote on that, may not be the most appropnate thmg. Agam, m all that they've done, they have done a great Job, and you all have a great ordinance. My biaS, but you have collocatIOn probably as well or better than any mUnICIpality m the State and perhaps all around the country. ThIS will do nothmg but Improve It. JanIce Anderson: Thank you Mr. Gambrell. Are there any questIons of Mr. Gambrell? Thank you. Barry KnIght: Our next speaker IS LIsa Murphy. LIsa Murphy: Good afternoon agam, I'm LIsa Murphy I'm here today on behalf of New Cingular Wireless PCS, L.L.C. t/a AT&T And I too, want to commend Bill Macali and Plannmg staff, Stephen WhIte, and the folks m Plannmg. As Bill mentIoned, thIS IS somethmg that we've been workmg m conjUnctIOn WIth Bill on, and I thInk he has done a great Job. It has been really a tremendous amount of work. We apprecIate that he has mVlted us to be mvolved m the process. I think as a result, at the end of the day, the product will be one that works for the communIty and the WIreless proVIders. One other pomt that I will make that came up thIS mornmg IS that AT&T m Its current applicatIOns IS already meetmg these gUIdelines and requIrements, although they haven't yet been mcorporated mto the ordinance. So, we are already workmg WIth staff to make sure that we are complymg m those areas. I thInk Bill mentIOned thIS mornmg the language "major transmISSIon line" We talked about removmg the term "maJor", because It would be very difficult, If It IS not defined to figure out what exactly that means. That shows up first on page 14. There were several Issues that Council asked Mr. Macali and staff to look at as far as the tower ordinance. But when we started to look at the ordinance, we started thlnkmg about ways to really line up collocatIon as the number one alternatIve. When I come up here tYPIcally, I say camers collocate because it IS cheaper, eaSler, and It gets the Job done faster. In some mstances, It means they don't need me. There were places m the ordinance where collocatIon wasn't necessarily the cheaper and faster means. So, when you look at the VEPCO poles, I know last month you had a couple ofVEPCO collocatIOn, the Idea there was If we come up WIth an admmlstratIve process WIth some set gUIdelines, that IS probably not Item #26 City of VirgInIa Beach Page 6 somethIng that you need to see every tIme as far as a ConditIOnal Use PermIt. So, that was really the goal WIth the VEPCO makIng that collocatIon Just a little bIt easIer because It IS a collocatIOn. AgaIn, WIth the building mounted antennas, the same thIng. This IS all subsectIOn J, but talkIng about makIng building mounted antennas, whIch are also a collocatIon, somethIng that IS a little bIt easIer of a process WIthout a public heanng. The only suggestIon that I would make WIth regard to building mounted antennas In SubsectIOn 3, Bill mentIoned that they have to be placed In the least Visible locatIon on the building. In some cases, and I can thInk of a property on First ColOnIal Road, the antennas are actually hIdden behInd an opaque screen that IS the same color as the building, so technIcally It IS VIsible, but you don't know there are antennas, because It IS behInd that screen. So, I would suggest that at the end of SectIon 3 add "in a manner that's screened from VIew", because certamly It may be on top of the building but If you don't know It'S there that gives us that flexibility of collocatmg. The other Item WIth regard to building mounted antennas and that IS SubsectIon 4. There IS a little bIt of concern that there IS only one building mounted antenna that IS allowed on a building lower than 75 feet. Agam, Ifthere IS a potentIal to collocate, and If the building can support additIonal antennas, It would certamly be the preference of the camers that If we could collocate there, that be the number one possible alternatIve. In additIon to that, WIth regard to building mounted antennas, If you look at the vanous charts, the way the ordinance IS wntten now for building mounted antennas, If you meet the reqUIrements or pnnclpal uses and they are permItted, and If you don't meet the reqUIrements, It IS prohibited. And I would suggest there that those be a ConditIOnal Use Permit, because If you can't meet the reqUIrements there may be a reason and certamly gomg through a public heanng process would flush out any Issues or concerns, but It still leaves that building open for collocatIon. As you know, there are not that many tall buildings m the City. And wherever we can try to use them, we do. The one I mentIOned on First ColOnIal, I thmk IS only 50 or 60 feet, and I know that Spnnt IS operatmg on that one. So, where we can do It, we would like too, and agam, thIS Just gIves us a little bIt of flexibility So it IS eIther a prmclpal use If you meet the reqUIrements, or If you don't, then you need a ConditIOnal Use PermIt. Last pOInt on water tanks, and I will say, and I know Bill has worked on thiS and the staff has worked on thIS. I know the other departments m the City have worked on thIS. I thInk the mdustry IS disappoInted that water tanks are only available as a last resort. We understand why that is. We understand there are safety and secunty concerns, but there are certamly areas where we would love to collocate on or next to a water tank. And It IS Just gomg to be difficult in those areas. The last pomt, and I don't want to take up a whole lot of your tIme, IS the pomt that Bill made about the preservatIon areas and open space. My concern there is there are mstances where you have a golf course or you have another facility that has dedicated open space, where a camouflage structure like a pme tree or one of those slick stIcks or even a VEPCO tower, because the way I read thIS IS VEPCO tower use would be prohibited where that mIght make sense. And It absolutely makes sense to go through a Conditional Use PermIt process for that. I don't think It makes sense to preclude those entIrely or those areas entIrely, because as you know when you get into the reSIdentIal areas, we need flexibility. If we get onto or near a golf course, we need that flexibility of commg up WIth stealth structure or some other type of structure that meets the need In a way that blends m WIth the surroundings. So, I would offer that up for conSideratIon as well. Item #26 City of VirgmIa Beach Page 7 OtherwIse, I thmk Bill and the staff have done an excellent Job. We apprecIate havmg the opportumty to be mvolved m the process, and I'll stand by for any questIOns that you have. Jamce Anderson: Thank you Ms. Murphy. Barry KnIght: That IS all the speakers that I have SIgned up. Mr. Romme? Old you care to address us? Steve Romme: I don't want to be redundant. Steve Romme, a local attorney for VerIzon Wireless. I would add as well that we apprecIate the opportumty to have mput wIth Dave Hanson, the task force, Bill Macali, Stephen White. I thInk the ordinance IS very well balanced. It will Improve and enhance and expedite, hopefully, approvals. I thInk the one thmg that I would Just focus on IS the opportumty to open up public propertIes. That IS part of the purpose clause. I'm hopmg that If we follow through, and I know there IS gomg to be bIg process onto public properties, but that, I thInk, may be one of the most posItIve attributes of the new ordinance IS the fact that we will be able to get on some City SItes and places like that, mcluding eXlstmg COM-IT towers. The water tanks are an Issue, but there are Issues there we mIght able to get some of those to work. I thInk the securIty part of that IS a concern. PreservatIon comments, I'll echo what LIsa saId. Ifthere was some way that those could be conSIdered on a ConditIonal Use PermIt, I thInk that would be helpful because there are gomg to be mstances where you're m a preservatIon area where It IS approprIate. You mIght have a power line or somethmg else that mIght proVIde an opportumty for collocatIOn. But all and all, I do apprecIate the opportumty for the mdustry to have mput, and I'm available for any comments. I'm sorry that I didn't get a chance to SIgn m. I thank you for the tIme. Jamce Anderson: Thank you Mr. Romme. Are there any questIons for Mr. Romme? Thank you. Bill Macali: Madame ChaIrman, can I Just have a couple of mmutes. Jamce Anderson: Yes please. Bill Macali: If you don't mmd. I forgot to mentIon that we would certamly be happy to delete the "major" from the electrIC transmIssIon line. The comments that were suggested, I guess, before I forget, I Just wanted to remmd folks that the preservatIon area prohibItIons are Just on sItes used or set aSIde for purposes of preservmg open space m ItS undeveloped or natural state. Now m the case of a golf course, a golf course IS neIther m ItS natural state or undeveloped, and m that case, a golf course zoned P-I, you could get a ConditIonal Use PermIt for a tower on the golf course. It Just takes a Use PermIt. Agam, we trIed to restrIct thIS to open space WhICh IS prIstme forest or Stumpy Lake, thmgs like that, whIch are undeveloped or m its natural state, neIther of whIch a golf course or farm or somethmg. They are not III theIr natural state. So, we do feel strongly about that, but to the extent there IS perhaps a small mISCOnceptIon about what we mean. Golf courses or anythmg that's developed at all or not m ItS natural state IS a place where you can get a ConditIOnal Use Item #26 City of VirgInIa Beach Page 8 PermIt for a cell tower. Building mounted antennas In a least vIsible locatIon or In a manner that IS screened from VIew, that IS absolutely fine. I don't thInk It would be a great bIg problem with allOWIng building mounted antennas wIth a ConditIOnal Use If you can't meet the requirements for a permItted use. I thInk I would like to be In a posItIon maybe to qualify that a little bIt Just so It IS clear that for some reason you can't put It In the least vIsible locatIOn or In a screen or somethIng like that as opposed to a mere matter of preference. In all faIrness, I think that the compames would rather put In a screened locatIOn than for a ConditIonal Use PermIt, but I Just would like the change to be right on that and get It squared way. That m general, I don't thInk IS a concept that the staff has a great deal of difficult WIth. HaVIng saId those thIngs, we would certamly be agreeable to those changes. Jamce Anderson: Thank you Mr. Macali. Bill Macali: If the CommiSSIOn did want to go ahead and make the motion, I guess It would be Just to approve the ordinance WIth the changes that I talked about, as well as Mr. Knight's change regarding gettIng notIce to people to puttIng an commumcatIOn tower on an electnc transmIssion line If It IS WIthIn, I guess I would prefer a little gUIdance from the CommISSIon, maybe a certaIn distance from a reSIdence or 500 feet. I don't know. Jamce Anderson: If you could Just put adjOInIng property owners, I guess that would cover It. Bill Macali: AdjoInmg property owners? Okay. Jamce Anderson: To the SIte, Just like we do anythIng else. Bill Macali: That IS fine. That would still be a permItted use as long. Jamce Anderson: As long as you proVIde notIficatIon. Bill Macali: Okay Jamce Anderson: Mr. Macali, one of the thIngs that I had a questIon on IS on the permItted sectIon, I believe they saId you can only mount one antenna. If they wanted to place two antennas, then you would conSIder that under a ConditIonal Use, If we change that because It wouldn't comply If they wanted to locate two of them, you wanted to place that on a ConditIOnal Use rather than a permItted use? Bill Macali: Well, let me see. To be a non use permIt, In other words by-nght, there can be only one. Let me Just take a qUIck look at the Code. I thInk that It does. We would have to change It to allow more than one on a building under 75 feet In heIght, as I read the Code now. Jamce Anderson: Yes Ms. Murphy? Item #26 City ofVirgmla Beach Page 9 LIsa Murphy' If! may. The other Issue wIth that IS that there IS really no one who would mstall one antenna. Typically you need at least three, so even If you had one camer come m and you wanted to make It a ConditIOnal Use PermIt after that, still one IS really too few antennas, so you may want to change It so that It IS plural or somehow adjust It. Bill Macali: I got a better Idea. If It IS screened, the only Issue IS VIsual. ObVIously, you can't have them mterfere WIth a City commumcatlOn facility, as being VIsual, even If they are screened from vIew. LIsa Murphy: We don't need to limIt the number. Bill Macali: RIght. Now, If they are still VIsible, I thmk that IS a little bIt more difficult though nght? LIsa Murphy: Well, I'm thmkmg ofthe reqUirement to mclude paIntIng. If you thInk about One Columbus, WhICh is now sort of shadowed by the other buildings that are around It, those antennas are pamted the same color on the comers of the buildings, whIch IS typIcally how they do It. Buildings that are tall enough, they don't go on top unless they have too. They will go m the comers and then you can paInt the antennas the same color as the SIde of the building, but If you have to go above, then that screenIng. I wouldn't thInk you would need the limItatIons as long as It IS screened from VIew m one way or the other. Bill Macali: We can agree to that. Is that somethIng that the PlannIng Department thInk should be appropnate? Okay. Jamce Anderson: Go ahead Mr. Gambrell. Bill Gambrell: I was Just gOIng to say that Mr. RomIne and I agree that If It IS one user that we're lookIng at, then If we thInk there may be two users, but the pOInt that I was makmg above a major power transmISSIon lines, and I haven't found that sectIOn In here, IS there are major power transmIssion lines that are structurally capable of accommodatIng more than one array, and that IS where you mIght want to proVIde the opportumty for a second array WIth the Use PermIt or even WIthout a use PermIt. But Just haVIng one array up there Isn't always gomg to be appropnate. Bill Macali: The only limItatIon as to one under the ordinance now IS on building mounted. There IS nothIng on electncal transmISSIOn power lines as to the number. Bill Gambrell: The limItatIOn. That was my mIstake from thIS mornIng In listenIng to Mr. Macali's presentatIOn thIS mornIng. So If there IS no limItation, then It IS not a problem. Jamce Anderson: Okay Bill Gambrell: I thInk nght now WIth your building mounted antennas, I don't thmk you reqUire a Use PermIt. Item #26 City of Virgmia Beach Page 10 Bill Macali: RIght. Bill Gambrell: So you are not really changmg. Like he saId earlier, you are not really changmg an awful lot. You're kmd ofputtmg the code like you would do normally. JanIce Anderson: Okay. But anyway, thIs actually helps because we are gomg to reqUire screenmg of them. The other thmg IS WIth the adding the notIficatIOn. The other condition IS WIth removal of antennas and the tower? Bill Macali: If they're not used for a penod of one year, they would be reqUired to be completely removed. JanIce Anderson: And the accessory eqUipment also. Bill Macali: Yes. All thIs occurs wlthm 90 days. Janice Anderson Okay. 90 days. I thmk you are clear on the preservation area, whether It IS a school SIte, whIch a portIOn of that school site IS wooded and says It'S zoned P-l, than the tower can go there because It IS not. But like you saId, If IS Just for natural use, that IS the only exemptIOn. Is It under the will for the COmmISSIOners to change that or have that under conditIOnal? I'm fine WIth Just exemptmg It. I thmk It IS Just a small percentage. Bill Macali: It IS Just a small percentage of the area m preservatIon distnct. There IS Just not much that undeveloped open space. It IS Just to keep It all pnstme vIsually, as well as functIonally so. JanIce Anderson: So that you don't mvade that area WIth some kmd of structure. Bill Macali: A golf course IS the SIte, and the example you Just gave IS fine. That IS subject to the Use PermIt applicatIon. Janice Anderson: Do any of the other CommIssIoners have a questIon on that? Yes. Barry KnIght: Mr. Macali, If I could ask you for your definItIOn? Say m the rural servIce area somebody wanted to come m and have five houses on a hundred acres, and then they had 70 acres of land leftover that we put preservatIOn on It, because It was forest, could they come back? Is that claSSIfied as bemg developed, or IS that somethmg that would not substantIate a self. Bill Macali: In that case, If It were a forest, It was undeveloped as opposed to bemg farm, for mstance, IS developed. There IS nothmg undeveloped about farm land. If It IS a natural area that IS sought to be preserved, that would be covered. You couldn't have one. If you had a 100 acre farm and you build 5 houses on 30 acres and set the other 70 for agncultural purposes, certamly you can get a Use PermIt for the tower on the agnculturalland, because It IS farm land, and by definItIOn, It IS not undeveloped and It IS not m ItS natural state. But, If It Item #26 City ofVirgmia Beach Page 11 is a forest, I guess there IS the argument that Silva culture IS fine too, but I thmk If It IS a forest as opposed to bemg developed, the land IS scraped away by what ever means or used for agrIculture, that IS the difference there. So, I thmk m your example, the forest IS out. The farm land IS m. Barry KnIght: I know some examples like down off of Salem Road. We gave a gentleman a floodplam varIance and he put the rest of the surrounding land m preservatIOn, whIch was trees way back off the road m the mIddle of anywhere. It was preservatIOn deSIgnatIon, but nobody was ever gomg to see thIS land. If there was a need for a cell tower, I Just hate to absolutely say no to somebody m preservatIon, and all we are affording them IS the opportumty to come to staff, to Plannmg CommISSIOn, and ultImately to City Council, and then, If somebody doesn't like It, they can vote and say no. I Just hate takmg away rIghts from people to even apply and to even ask the questIon. So that IS what I have a hard tIme WIth. I just hate that absolute no. I would like for the people, even If It IS m preservatIOn. Of course, If It IS a hIgh profile locatIon m preservatIon, the Plannmg CommISSIon and City Council IS gomg to say no. The applicant, I don't thmk, IS gomg to brIng It to US. But If It IS way off the beaten path somewhere, where nobody IS gomg to see it, then I hate to absolutely deny that person that opportumty to ask permISSIon to apply for a ConditIonal Use PermIt. That IS what I kmd of have a problem WIth. Because If you all recall on Salem Road, and we went back mto the woods back there, we asked Mr. Bourdon. We Said why don't you ask hIm to put It m preservatIon. He saId I don't see a problem WIth puttmg It m preservatIOn, but no one IS ever gomg to go back there. If there was a cell tower there you would never see It from Salem Road. Bill Macali: I thmk our thmkmg on that was that m SItuatIons like that a person sets aSIde the open space m exchange for some other kmd of Council approval that It gets. And, It kmd IS like a deal. You gIve us thIS approval, and we will set aSIde thIS as open space. And, we didn't really feel too bad about saymg, well you made your deal. LIve WIth It. Iflt IS natural open space that you set aSIde and told Council that I will set thIS aSIde m order for you to gIve me thIS floodplam varIance or zonIng approval or somethIng, we really didn't have a problem WIth saymg the person beIng held to that. That IS our thInkmg. Not to saYIng that the PlannIng CommISSIon has to adopt that, but that IS how we approach SItuatIOns like that. Barry KnIght: It Isn't always a qUId pro quo. I gIve you thIS. I gIve you that. Some people voluntarily say, I'll Just put It m preservatIOn or conservatIOn Just because they would like to do that. So, I hate for someone to have put somethIng under preservatIOn 20 years ago or yesterday or tomorrow to be excluded from the ConditIOnal Use PermIt process. Jamce Anderson: Are there any other thoughts on the preservatIon area? Mr. Macali, do you have any other comments on that? Bill Macali: No. Jamce Anderson: Okay. Are there any other? Item #26 City ofVirgmia Beach Page 12 Henry LIvas: Can a person still apply for a ConditIonal Use PermIt and request the exceptIOn at the same tIme? JanIce Anderson: Not as It IS set now. It IS exempted. Bill Macali: Very few areas of the City where you can't absolutely have a cell tower. It IS way less than one percent, If even close to that, In the City. It seems like a reasonable provIsIon to have that sort of thIng. JanIce Anderson: Okay Is It the deSIre wIth regard to that conditIon If we go forward wIth approval WIth these comments on It that PreservatIon DIstnct be consIdered not allowed or ConditIOnal Use? A conditIonal? Are we In agreement WIth that? Okay. I'm Just gOIng to revIew the amendment WIth the suggestIOns and If It IS the will of the CommIssIOn to approve It, someone could make a motion. With the ordinance that IS outlined, there will be some changes to It between here and Council WIth regard to the deletIon of "major" when referrIng to transmIssIon lines. There will not be a limIt on the number of antennas on a building structure If they are screened from VIew and placed In a least VIsible manner. There IS no restnctlOn on the number of antennas on eXIstIng towers. If they are In a reSIdentIal area or apartment area, the surrounding property owners will be notIfied that there will be a cell antenna placed on that building or tower, and that if WIthIn 90 days, Ifthe antenna eqUIpment or tower IS no longer used or abandoned, that It will be removed. The preservatIon area, If there IS a request for a cell tower to be placed In a preservatIOn that will now be conSIdered a ConditIOnal Use. I thInk I've gotten all the comments. Are there any additIOnal comments? Bill Macali: If the building mounted antenna cannot be put In a place that IS screened from VIew or the least VIsible locatIon that It could still apply for a ConditIonal Use PermIt. JanIce Anderson: Okay. Barry KnIght: I'll make the motIon. JanIce Anderson: Okay Barry KnIght: I like to make that a motIon to approve. JanIce Anderson: A motIOn to approve by Barry KnIght and a second by Kathy KatsIas. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KA TSIAS AYE ABSENT 1 ABSENT Item #26 City of VirgmIa Beach Page 13 KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved the ordinance for the City of VirgmIa Beach as recommended. Jamce Anderson: Thank you. Is there any further busmess thIS afternoon? Seemg none, the meetmg IS adjourned. 1 2 AN ORDINANCE AMENDING CITY ZONING ORDINANCE 3 REGULATIONS PERTAINING TO COMMUNICATION 4 TOWERS AND BUILDING-MOUNTED ANTENNAS, 5 INCLUDING DEFINITIONS, PREAPPLlCA TION AND 6 APPLICATION REQUIREMENTS, LOCA TIONAL, 7 LANDSCAPING AND OTHER REQUIREMENTS, AND 8 ZONING DISTRICTS WHERE PERMITTED 9 SECTIONS AMENDED: CITY ZONING ORDINANCE 10 99111,232,301,401,501,601,701,801,901,1001, 11 1501, 1511 AND 1521 12 13 14 WHEREAS, the public necessity, convenience, general welfare and good zoning 15 practice so require; 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 That Sections 111, 232, 301, 401, 501, 601, 701, 801, 901, 1001, 1501, 1511 20 and 1521 of the City Zoning Ordinance, pertaining to communtcation towers and 21 building mounted antennas, be, and hereby are, amended and reordained to read as 22 follows: 23 Sec. 111. Definitions 24 25 Antenna, building mounted. An antenna Any structure or device affixed to a 26 building or other structure, except a water tank, for the purpose of supporting broadcast 27 equipment of any frequency or electromagnetic wave, or any similar system of Wires, 28 poles, rods, reflecting discs or similar deVices used for the transmission or reception of 29 electromagnetic waves. The term does not include communtcation towers, antennas 30 mounted on communication towers, home satellite dishes, or teleVISion or radio 31 antennas used primarily for the benefit of the occupants of, or visitors to, property on 32 which such antennas are located. 33 34 35 Communication tower. ^ to\":er of any size which supports communtcation 36 (broadcast or receiving) equipment utilized by commercial, govornment, or other public 37 and quasi public users. Any pole. spire or other structure. includina supportinQ lines. 38 cables. wires. braces. masts or other appurtenances. intended or used primarily for the 39 purpose of affixlOQ antennas or other wireless telecommuntcations eauipment or for 40 housinq such equipment. ::J:.t::Hs The term does not include private home use of satellite 41 dishes and television antennas or Qy amateur radio operators as licensed by the 42 Federal Communications Commission. 43 44 45 Wireless telecommunication eauiDment Includes antennas and their 46 appurtenances used for purposes of providinq wireless telecommunication services. 47 48 COMMENT 49 50 The amendments redefine the terms "building-mounted antenna" and "communication 51 tower. " The new definition of "building-mounted antenna" contains technical changes only, and 52 the new definition of "communication tower" clarifies the term and preserves the existing 53 exemptions for private home use of satellite dishes and television antennas or licensed amateur 54 radio operators. In addition, a new definition, "wireless telecommunications equipment," is added 55 as a term encompassing antennas and their associated equipment. 56 57 58 Sec. 207. Building-mounted antennas. 59 60 The following provisions shall apply to building-mounted antennas in all districts 61 In which they are permitted: 62 63 (a) Antennas shall, through the use of screemng, colorization, placement, 64 design, or any combination thereof, be as visually unobtrusive as is reasonably 65 practicable; 66 67 (b) No antenna shall be located upon any building or structure less than fifty 68 (50) feet in height; 69 70 (c) No antenna shall extend to a height greater than twenty-two (22) feet above 71 the highest pOInt of the building or structure to which it is affixed; 72 73 (d) No antenna shall be erected unless a profeSSional engineer licensed in the 74 Commonwealth of Virginia certifies to the building offiCial that the proposed antenna, or 75 array of antennas, complies with all applicable Federal Communications Commission 76 regulations, Including, without limitation, regulations pertaining to the emission of radio 77 frequency radiation; and 78 79 (e) Buildings or other structures housing electromc equipment or other 80 equipment or materials used in connection with the operation of an antenna shall meet 81 all application setback and landscaping requirements. 82 83 84 85 2 86 COMMENT 87 88 The section is included only for purposes of reference and is unchanged. 89 90 91 92 Sec. 232. Communication towers. 93 94 (a) Application. Each application for a conditional uso permit ror a 95 communication to'....or shall includo tho follo'J:ing inrormation in addition to tho genoral 96 Inform:Jtion requirod by this ordinance. 97 98 (1) Sito plan or plan dr:Jwn to scalo spocifying the location of tower(s), guy 99 ~mchors (if any), transmission building and other accossory usos, parking, 100 accoss, landscaped areas (specifying sizo, spacing and plant materials 101 proposod), fenoes, and adjacont land uses. The administrator of 102 landscape services shall review and approve the land soaped areas shown 103 on the site plan. 104 105 (2) Report from a registored struotural or Civil onginoor indicating to'....or height 106 and design, structure, Installation, and total anticipated oapacity of 107 structure (including number and typos of antonnas which could be 108 :Jooommodatod). ThiS data shall satisfactorily domonstrato that tho 109 proposed towor conforms to all structural requirements of the Uniform 110 State'.\Iido Building Code. 111 112 (3) Statoment from a registerod onginoor that the NIER (nonionizing 113 electromagnetic radiation) emitted therofrom doos not rosult in a ground 114 10'101 oxposuro :Jt any pOInt outside such facility which oxooods the lo'...,est 115 applio:Jblo exposure standards establishod by any regulatory agency of 116 tho U. S. Govornmont or the Amorican National Standards Institute. 117 118 ( -1) Satisf:Jctory oVldence from the applioant of tho look of spaoe on suitablo 119 existing towers, buildings, or othor structures to locato tho proposed 120 antenna and the lack of spaco on oxisting to'Nor sites to oonstruct a towor 121 ror tho proposod antonna within the sorvico area shall be consldored in 122 the review of tho conditional use permit application for a now towor. 123 124 (b) Spoci:J1 reqUirements. 125 126 (1 ) If the towor doos not moot or oxoeod tho structural requiroments as sot 127 out in EI!\2220, "Structural Standards for Stool Antenna Towers and 128 !\ntenna Supporting Structures", publishod by tho Elootronio Industrios 129 Association, offocti'.'e June 1, 1987, as tho same may from time to time be 130 amended or reVised, then tho minimum setback reqUlroment from the 131 base of tho towor to any proporty line abutting a residontial use or di&tnct 132 sholl be equal to one hundred ten (110) porcont of the height of the tower. 3 133 134 135 136 137 138 '139 .140 '141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 (2) (3) (4 ) (5) (6) (7) (8) /\ report certifying that those structural requiromonts 'lIiII bo mot must bo submittod 'Nith the conditional use pormit application. VVhore the towor moots tho structural criteria outlinod abovo, the minimum side and rear yard sotback shall be fifty (50) foot in residential and agricultural districts and 1\"lenty five (25) feot In all other districts. I\dditionally, no tm:Jer may bo located closer to an existing residential structure than the distance equal to one hundred 1\\'enty five (125) porcent of the total hoight of tho towor and all antennao, regard loss of tho district in \''o'hlch the structure is locatod. Tho minimum sotbaok requiremont from the base of tho tower to any proporty Iino abutting a right of 'Nay of any stroet, office uso or district, ~r park uso shall bo at loast fifty (50) foot unloss a greator setback IS spooified duo to other circumstancos as a condition of approval. For proporty linos not abutting tho abovo usos or districts, the minimum sotback requiremont shall be at least 1\vonty five (25) feot unloss a greator setback is specified duo to othor circumstancos as a condition of approval. More than one (1) tower on a site shall bo permitted, providing that all setback, dosign, and landscape requirements are mot. Towors WJO hundred (200) foet or loss In hoight shall have a galyanized finish or bo paintod silver. Howovor, if any regulation of the Fedoral AViation Administration or Fodoral Communications CommiSSion contradicts this requiremont, then that rogulation shall go'.'orn. TOl/tors more than 1\\'0 hundred (200) feet in height shall bo p3lntod in accordanoo with regulations by Federal Communications CommiSSion and/or tho Fodoral .^.vlation I\dmimstration. Towors shall bo illumlnatod as required by tho Foderal Communications CommiSSion and/or Fedoral Aviation Administration. Howevor, no lighting shall be incorporatod if not required by tho Fodoral Communioations Commission and/or tho Foderal .^.viation .^.dmimstration. Landsoaping shall bo requirod as follm...s: (i) For towors two hundred (200) feot or less In height, at loast one (1) row of overgreen shrubs oapable of forming a continuous hodgo at least five (5) foot in height shall bo providod with individual plantings spaced not more than five (5) feet apart and at least one (1) row of ovorgreen treos '::ith a minimum caliper of one and three fourths (1 3/4) inches at the time of planting and spaoed not more than 1\venty fi':e (25) feet apart shall be provided within fifteen (15) 4 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 (iii) (i'l) (v) (vi) (vii) (ii) foet of the perimeter of the setback area required by items (1), (2) or (3) above. For towers more than t\4JO hundred (200) f-eet in height, in addition to the reqUirements for landscaping in (8)(i) above, one (1) rew of deciduous trees, '....ith a minimum caliper of two and one half (2 1/2) Inches at time of planting and spaced not more than forty (40) foet apart shall be previded within t\venty five (25) foet of the perimeter of the setbaok area reqUired by items (1), (2) or (3) abovo. In lieu of the above requirements, in speoial oases, Inoluding cases 'IJhere a required tree '....ould be oloser to the tower or to a g~y wire supporting the tower than the height of the tree at .":lat~nty, the applicant may prepare a detailed plan and speClfloatlons for landsoape and screening, Including plantings, fonces, walls, topography, eto., to screen towers and aoc,essory .uses.. The ~Ian shall accomplish the same degree of screening achieved In (8)(1) or (8)(ii) but may deViate from the specific requirements set forth, .and it sholl be determined by the administrator of landscape services that the public Interest will be equally served by such plan. All reqUired landscaping shall be installed according to established planting procedures using good quality plant matenals. 'Nhere landscaping is reqUired, no certificate of occupancy shall be Issued until tho reqUired landscaping IS completed In accordan?e with the approved landscape plan os certified by an on site inspection by the administrator of la~dscape service. ':^.'hen the occupancy of a structure is deSired pnor to the compl~tlon of the reqUired landscaping, a certificate of occupancy may be Issued only if the owner or developer provides to the city a form of s~r?ty satisfactorY to the city attorney in on amount equal to the remaining plant mat~nals, related materials, and installation costs (':.'ith the costs agreed to by the administrator). ,^.I1 reqUired landscaping must be installed and approved by the first planting season follo'l_ling issuance of certificate of occupancy or bond will be forfeited to the city The owners and their agents shall be responsible for provldi~g, protecting, and maintaining all landscaping in health.y and. g~o'lIlng conditions, replaoing unhealthy or dead plant matenals Within ?ne (1) year or by the next planting season, ':.'hioh?ver. comes first. Replacement material shall conform to the onglnal Intent of the landscape plan. 5 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 Minimum lot v.'idth. Tho minimum lot width shall bo fifty (50) foot moasured at tho to'IJOr location. 'Nhen a facility co','ered by this soction is not locatod adjacent to a public streot, a right of '.',/ay or easement for ingress ,>,,'ith a minimum width of fiftoon (15) foot shall bo provided. Sotbacks. Minimum sotbacks for any buildings constructed In conjunction with a to'l.'er shall moet sotback requirements as ostablished for the undorlying zoning. Each lot for ':,'hich those reducod requirements 3pply shall be rostrictod to tho uses describod In this soction, and this restriction sh311 bo noted on any plat or other document doscribing such lot. (c) Locational criteria. In consldorlng approval of any proposod communication to'.\'er sito, tho city council sh311 give consldoration to the following criteria: (9) (10) (11 ) (12) (1 ) 1\11 communication towors sholl bo subjoct to poriodic reinspoction by the dopartmont of permits and Inspections. If any additi?n.s, changes, or modifications, are to bo made to the structural charactorlstlcs of tho towor, tho chiof building official shall have the authority to reqUire proof, thr~~gh the submission of enginooring and structural data, that tho addition, chango, or modification conforms to structural ''\'ind 103d and all othor requirements of tho Uniform Statowido Building Codo. 'Nhore rogulations and requirements of this ordinanco conflict '."lith thoso of the Fodoral Communications Commission or the Fodoral I\viation Administration, the fedoral requiremont shall govern. No commorClal advortising matorial shall be allowed on the communication towor. Communication to'A'ors cont3ining advertiSing matorial shall bo considered a sign. Individual district reqUirements for minimum lot area and lot Width notwithstanding, tho following requirements for towor sites shall apply In all districts whore they aro pormitted as a conditional use: (i) Minimum lot 3rea. Thoro sh311 bo no minimum lot area, exoopt as necossary to moot the requirod sotbaoks of this ordinance. (ii) (iii) (ill) ':Vhothor tho application reprosents a request for multiplo use of a to'Nor or sito, or usa on a sito contiguous to an oxisting site. 6 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 (2) \^lhethor the application contains a report that other potential users of tho site and to'lIor have boon contacted, and thoy hove no current pl3ns, to tho bost of their ability to detormine, that could bo fulfilled by jOint use. (3) \^!hether tho application shows how the to'l.'er or sito will be dosignod or laid out to accommodate future multiple users. (4) VVhothor the proposod to'ller IS to be located in an area whoro it '.vould bo unobtrusivo and would not substantially dotract from aosthetics or neighborhood character, due either to location, to the nature of surrounding usos (such as Industrial usos), or to lack of Visibility causod by natural gro'lJth or othor factors. (5) \j\jhethor, if no privately ownod land in tho area moots tho above critorla, tho application is for land o'.\'nod by tho city and loasod for fair valuo, and which doos moot the above criterra. (a) Purpose. The purpose of this section is to (1) facilitate the provision of wireless communications services to the citizens and businesses of the City: (2) minimize the risk of physical damaqe and other potential adverse Impacts of communications towers; (3) require. where commercially reasonable. the ioint use of communications towers by providers of wireless telecommunications services so as to avoid unnecessary proliferation of communication towers and related facilities: and (4) allow the use of public property under circumstances in which such use (j) minimizes the potential adverse visual and other impacts of communication towers and their appurtenances: (ij) does not adversely affect the operation of public facilities such as public safety communications facilities and water tanks for their primary purpose; and Wj) conforms to applicable requirements pertalnlnq to the use of public property for purposes of communication tower sitinq. (b) Preapp/ication conference. Prior to submittinq an application for a conditional use permit for a communication tower. the applicant shall meet with the Director of Planninq or his desiqnee In order to discuss: (1 ) The feasibility of co-Iocatinq the proposed antenna facilities on an eXlstinQ communication tower or other suitable structure. Includinq a publicly-owned facility. where such use will not adversely affect the primary use of such facility; (2) The availability of suitable alternative sites. Includinq publicly- owned sites. for the proposed communication tower: 7 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 ~~31 ~~32 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 (3) Specific issues presented by the proposed application. includinq. but not limited to. potential Interference with qovernmental public safety communications facilities. potential visual and other impacts on nearby properties and means. if any. of eliminatinq or mitiqatinq such potential impacts; (4) The feasibility of camouflaqlnq wireless telecommunications equipment; and (5) Such other matters as may be relevant to the application. No application for a conditional use permit for a communication tower shall be accepted by the Plannlnq Director unless a preapplication conference has been held. (c) Application requirements. In addition to the Information required by Section 221. applications for a conditional use permit shall Include the followinq items: (1) A site plan or plan drawn to scale. showlnq the location and desiqn of the proposed tower. Includinq any accessory buildinqs or other appurtenances. vehicular parklnq areas. access points. landscaped areas. adiacent land uses. and any other Information reqUired by the Plannlnq Director; (2) A landscapinq plan showlnq the type. size. number and location of plant materials. includinq existinQ trees or other plant materials to be used; (3) A report from a professional enqlneer licensed In Virqinia. under seal. detailinq the heiqht. desiqn and total anticipated capacity of the proposed tower. Includinq the number and type of antennas that can be accommodated. and any other Information deemed necessary by the Buildinq Code Administrator to determine whether such tower conforms to the requirements of the Virqinia Uniform Statewide Buildinq Code. Such report shall also include a certification from the enqineer that the tower IS capable of supportinq the total anticipated capacity of the tower. includinq all appurtenances; 8 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 (4) A certification from a professional enoineer licensed in Viroinla. under seal. that all antennas or antenna arrays Intended to be affixed to the proposed tower comply with all applicable reoulations promuloated by the Federal Communications Commission pertainino to the emission of radio frequency radiation; (5) Where the proposed communication tower is to be located within one-quarter mile of any residential or apartment zonino district or use, an application shall be supplemented by the followinq materials no later than thirty (30) days prior to the date of the public hearlno before the Plannlno Commission: (A) Balloon tests. computer-oenerated photooraphic simulations showino such tower in the proposed location. visibility maps. and any other information deemed necessary by the Plannino Director to assess the visual Impact of the tower and its appurtenances; and (B) A summary of the applicant's planned contacts with the reSidents of the area reoardino the proposed tower. The applicant shall. as soon as practicable after such contacts have occurred. notify the Plannino Director of the substance of such contacts. Includino the nelohborhoods or other areas in which residents were contacted by the applicant: (6) Verifiable information satisfactory to the Plannino Director of the lack of available space or structural capacity for the applicant's wireless telecommunications eqUipment on (i) existino towers. buildinos or other structures. (ij) sites on which eXlstino towers are located. or Wj) sites on which the proposed tower would be less visible from or located a oreater distance from residential or apartment districts than the proposed location. Information submitted to demonstrate such findinos shall include. but not be limited to: (A) The absence of eXlstino towers or other structures meetino the heloht, structural strenoth or other technical needs of the applicant withIn the appropriate oeooraphic area; 9 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 (8) Enoineerino analyses demonstratino that the applicant's proposed equipment would cause interference with the equipment on an existino tower of other structure. or the equipment on an existino tower or other structure would cause interference with the applicant's proposed equipment; or (C) Evidence that the rents. fees or other contractual provisions required to co-locate the applicant's antenna equipment on an existino communications tower. or to construct a communications tower on property to be purchased or leased. would be commercially unreasonable In lioht of the location of the proposed facilities; (7) Where the proposed communication tower or antenna is to be located within one (1) mile of an existino or planned public safety communications facility. an intermodulation study submitted by a professional enoineer licensed in VirOlnia. under seal. Such study shall: (A) Include the frequencies used by the City or other public entity for public safety purposes at any site within one (1) mile of the proposed facility; (8) Analvze 2nd. 3rd. 5th and 7th order Intermodulation calculations usino the maximum number of sionals for each order: and (C) Include the frequencies used for each Intermodulation order calculation. the name of the channel used and the bandwidth of each channel; (8) A oeooraphical map. with sufficient markinos and detail. iIIustratino that the proposed communications equipment will not be located within a 200 - foot buffer of the microwave path between any existino public safety communications sites; and (9) Where the proposed wireless communication equipment is to be located on a water tank or within the secure area of any water tank 10 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 site. a security plan showinq the times at which access to the proposed equipment will be allowed, the Identities of the persons with authorized access to such facilities and such other information as the Director of Public Utilities may reqUire; provided. however, if such security plan is incorporated in a lease between the City and the applicant. this requirement shall be waived. (d) Locational and de sian requirements. In determininq whether to qrant or deny a conditional use permit application for a new or expanded communication tower or other wireless telecommunication equipment. the City Council shall qlve primary consideration to the followinq factors: (1 ) Whether the antennas or other equipment intended to be affixed to such tower cannot be accommodated on an existinq or approved tower within such radius as is reasonably necessary to provide adequate coveraqe and capacity for any of the followlnq reasons: (A) The planned eqUipment would exceed the height or structural capacity of the eXlstinq or approved tower, and the existinq or approved tower cannot reasonably be modified so as to accommodate the planned equipment. as documented by a licensed professional enqlneer; (8) The planned equipment would cause electromaqnetic Interference affectinq the usaqe of other existinq or approved equipment. and such interference cannot reasonably be prevented: or (C) EXlstinq or approved communication towers or other structures within such radius cannot accommodate the planned equiPment at a heiqht necessary for its proper functioninq; (2) Whether the proposed communication tower IS deslqned structurally and in all other respects to accommodate both the planned equiPment and comparable eqUipment of at least two (2) additional users if the proposed tower IS qreater than one hundred (100) feet in heiqht or at least one (1) additional user if the proposed tower IS less than one hundred (100) feet in heiqht: and 11 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 (3) Whether the proposed application conforms. if applicable. to the requirements of subsection (h). pertainina to public safety communications facilities and water tanks: and (4) Whether the applicant has aareed, In writina, to allow the co- location of the eqUipment of other wireless telecommunications providers. to the extent of the capacity of the proposed communication tower. upon commercially reasonable terms applicable to the location of the proposed tower. (e) Construction reQUirements. All communication towers constructed or expanded after the adoption of this section shall comply with or exceed all applicable requirements of the Viralnia Uniform Statewide Buildina Code. includina all model codes Incorporated therein. In addition. all such towers shall be non-illuminated and painted such color or colors as to minimize Visibility. unless otherwise required by Federal Aviation Administration. Federal Communications Commission or other applicable laws or reaulations. (f) LandscalJinq and screeninq reQuirements. Landscapina and screenina shall conform to the followina standards: (1) Existina trees on the lot or within the leased area or other area within the control of the applicant shall be preserved to the maximum extent practicable: (2) To the extent permitted by applicable setback requirements. towers shall be located on a site so as to maximize the effectiveness of trees as screenina: (3) For towers one hundred (100) feet or less In height. at least one (1) row of everareen shrubs formina a continuous hedae at least five (5) feet in heiaht. with IndiVidual plantinas spaced not more than five (5) feet apart. shall be provided. In addition. at least one (1) row of everareen trees with a minimum caliper of one and three- fourths (1 %) Inches at the time of plantina and spaced not more than twenty-five (25) feet apart shall be provided within fifteen (15) feet of the perimeter of the required setback line: 12 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 (4) For towers more than one hundred (100) feet in heiQht. In addition to the requirements of subdivision (3) above. one (1) row of deciduous trees. with a minimum caliper of two and one-half (2 %) inches at time of plantinQ and spaced not more than forty (40) feet apart shall be provided within twenty-five (25) feet of the perimeter of the required setback; (5) All required landscapinQ shall: (i) be installed in accordance with established procedures usinQ plant materials of Qood quality. (iD be installed by the first plantinq season followlnQ the QrantinQ of a conditional use permit. unless approPriate surety in form acceptable to the City Attorney IS first provided. and (iiD at all times be maintained in healthy and QrowinQ condition. ExistinQ landscapinQ meetinQ the requirements of thiS section or other screeninQ may be used to satisfy the foreQoinQ standards. which may be modified by the City Council as it deems approPriate. (Q) Setback reauirements. The followinq setback requirements shall apply to communication towers other than those affixed to electrical transmission line structures: 1 Minimum side and rear yard setbacks. as measured from the base of the communication tower. excludinq its appurtenances. shall be fifty (50) feet in residential. apartment. mixed-use and aqricultural districts and twenty-five (25) feet in all other districts. provided. however. that no tower shall be located closer to an eXlstinq residential or apartment structure than a distance equal to one hundred twenty-five per cent (125%) of the heiqht of the tower and provided further. that the minimum setback from anv street. as measured from the base of the tower. shall be fifty (50) feet. NotwithstandinQ the foreqOlnq provisions. the City Council may require a Qreater or lesser setback when it deems such other setback to be necessary or advisable to protect existinq or future structures from damaqe. to enhance the screeninq effect of on- or off- site trees or other veqetation. or for other approPriate reasons. 2. Minimum setbacks of eqUipment buildinqs shall be as specified in the zoninq district reQulations. 13 543 (h) Public safety communications facilities: water tanks. In liQht of the special 544 security and public safety concerns applicable to sites occupied by City facilities such as 545 public safety communications facilities and water tanks. the followlnQ additional 546 requirements shall apply: ~547 548 (1 ) Public safety communications facilities. No private wireless t549 telecommunications facilities shall be allowed: (i) on sites with 550 public safety communications facilities or within the secure 551 compounds of such sites; (ii) in any location at which the Director or 552 Communication and Information TechnoloQY determines, based 553 upon an intermodulation study required by subdivision (7) of 554 subsection (c). that the operation of the proposed wireless 555 telecommunications facilities would present a substantial possibility 556 of causinQ interference with one or more public safety 557 communications facilities and cannot be satisfactorily mitiQated: or 558 (iii) in any location within a 200 - foot buffer of the microwave path 559 of any eXlstinQ or future public safety communications microwave 560 facility. 561 562 (2) Water tanks. No private wireless telecommunications facilities 563 shall be allowed on any City water tank or within the secure area of 564 any water tank site unless there IS a demonstrable public need for 565 Wireless telecommunications services In the area to be served by 566 such facilities and there is no reasonable alternative site available. 567 In such cases. the applicant shall be required. as a condition of the 568 conditional use permit. to comply at all times with a security plan 569 approved by the City Council 570 571 (i) Other reqUIrements. The followlnQ additional reQulations shall apply to all 572 communication towers: 573 574 (1) No siQnaQe shall be permitted on any communication tower; 575 576 (2) All communication towers and their appurtenances shall comply 577 with applicable reQulations of the Federal Communications 578 Commission and Federal Aviation Administration. Where 579 reQulations and requirements of this section conflict with those of 580 the Federal Communications Commission or the Federal Aviation 581 Administration. the federal requirement shall Qovern; 14 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 (3) All communication towers shall be subiect to periodic relnspection by the BuildinQ Code Administrator. If any additions. chanQes or modifications are to be made to the structural characteristics of the tower. the BuildinQ Code Administrator shall have the authority to require proof. throuQh the submission of enQineerinQ and structural data. that the addition. chanQe or modification conforms to structural wind load and all other requirements of the Uniform Statewide BuildinQ Code; and (4) Any communication tower or wireless telecommunications equipment that are not in use for a period of one (1) year shall be removed within ninety (90) days after notification by the PlanninQ Director. If not so removed, the City may contract for their removal and charQe the cost thereof to the owner of the communication tower or wireless telecommunications equipment. (j) Communication towers affixed to electric transmiSSion line structures and buildinq-mounted antennas shall be allowed as principal uses where so permitted In the district reQulations. provided that the followinQ requirements are met: 1 Communication towers and buildinQ-mounted antennas shall be made of materials or painted in such manner as to match. to the maximum extent practicable. the color of the structure upon which they are affixed or mounted; 2. Communication towers shall not proiect above the top of the structure to which they are affixed by more than twenty per cent (20%) of the heiQht of the structure; 3. The owner of the communication tower or his aQent submits to the PlanninQ Director a list containinQ the name and last known address of the owner of all abuttinQ lots. as shown on the current real estate tax assessment books or current real estate tax assessment records. The PlanninQ Director shall thereafter notify such property owners of the filinQ of the site plan or buildinQ permit application seeklnQ approval of the communication tower. No such site plan or buildinQ permit shall be approved for a period of seven (7) days from the mailinQ of the notices; and 15 621 622 623 624 625 626 627 628 629 630 Ei31 632 633 634 635 636 637 638 639 640 641 Ei42 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 4. Buildinq-mounted antennas shall conform to the requirements of Section 207 COMMENT The amendments to this section revise and expand many of the existing provIsions regarding communication towers and add new requirements not present in the current ordinance. Some of the provisions have been incorporated into the revised ordinance (e.g., setbacks, landscaping). The changes are more particularly described below, by subsection: Subsection (a) [Lines 285-296J adds a statement of purpose, as the current ordinance does not contain one. The unifying theme of the stated purposes is the desire to balance the need for wireless telecommunications services with the goal of minimizing the number of communication towers by requiring co-location where feasible and ensuring that new communication towers will be located on sites where their visual impacts have been carefully evaluated. Subsection (b) [Lines 298-322J requires that a preapplication conference between the applicant and Planning Director be held for the purpose of determining the availability of other potential sites for the proposed communication tower and discussing other issues relevant to the application. This provision formalizes the preapplication conference as a required procedural step in the application/review process, as no application may be filed until a pre application conference has been held. Subsection (c) [Lines 324-431J sets forth application requirements intended to provide all information necessary to effectively evaluate an application. Special provisions relating to protection of public safety communications facilities are added, as well as provisions intended to allow the staff to evaluate whether the construction of a new a proposed communication tower may be avoided by means of collocation of antennas on an existing site. In particular: . Subdivisions (1) - (4) [Lines 327-352J are largely taken from the current ordinance; engineering data, however, is required to be submitted under seal of a professional engineer licensed to practice in Virginia. . Subdivision (5) [Lines 354-371J is new. It provides that if a proposed communication tower is to be located within one-quarter mile of any residential or apartment zoning district or use, the applicant must submit balloon tests, computer-generated photographic simulations showing the tower in its proposed location, visibility maps, and other information necessary to assess the visual impact of the tower and its appurtenances. The applicant must also provide a summary of the applicant's contacts with the residents of the area regarding the proposed tower and report the actual substance of those contacts to the Planning Director. . Subdivision (6) [Lines 373-399], which is also new, essentially requires the applicant to demonstrate a lack of availability of co-location opportunities or sites at which the visual impact of a new communication tower would be 16 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 less that at the proposed site. Specific information required includes the absence of existing towers, monopoles or structures meeting technical needs of the applicant within the appropriate geographic area; engineering analyses demonstrating that the applicant's proposed equipment would cause interference with the equipment on an existing tower of other structure or vice-versa, or evidence that the contractual provisions required to co-locate the applicant's antenna equipment on an existing communications tower, or to construct a communications tower on property to be purchased or leased, would be commercially unreasonable in light of the location of the proposed facilities. · Subdivision (7) [Lines 401-417] is also new. It contains a requirement, for proposed wireless telecommunications equipment to be located within one mile of an existing public safety communications facility, that a detailed intermodulation study be submitted under seal by a professional engineer licensed to practice in Virginia to determine whether the proposed equipment will interfere with the public safety facilities. · Subdivision (8) [Lines 419-422] requires a map illustrating that the proposed communications equipment will not be located within a 200 - foot buffer of the microwave path between any existing public safety communications sites. This provision is also new. · Subdivision (9) [Lines 242-431] is new, and applies to applications for proposed wireless telecommunication equipment to be located on a water tank or within the secure area of a water tank site. It requires a security plan showing the times at which access to the proposed equipment will be allowed, the identities of the persons with authorized access to such facilities and such other information as the Director of Public Utilities may require. If a security plan is part of the lease between the City and the applicant, however, the requirement does not apply. Subsection (d) [Lines 433-474] contains locational and design requirements for communication towers. It sets forth the primary factors the City Council is to consider in determining whether to grant or deny a conditional use permit for wireless telecommunication equipment. Those factors include: · Whether the antennas or other equipment intended to be affixed to a tower cannot be accommodated on an existing or approved tower within such radius as is reasonably necessary to provide adequate coverage and capacity; · Whether the proposed tower is designed structurally and in all other respects to accommodate both the planned equipment and comparable equipment of at least two (2) additional users if the proposed tower is greater than one hundred (100) feet in height or at least one additional user if the proposed tower is less than one hundred (100) feet in height; and 17 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 . Whether the proposed application conforms to the requirements of subsection (h), pertaining to public safety communications facilities and water tanks; and . Whether the applicant has agreed, in writing, to allow the co-location of the equipment of other wireless telecommunications providers, to the extent of the capacity of the proposed communication tower, upon commercially reasonable terms applicable to the location of the proposed tower. Subsection (e) [Lines 476-482] contains construction requirements, which are generally similar to existing provisions. Subsection (t) [Lines 484-520] sets forth landscaping and screening requirements, which are generally similar to existing provisions. Subsection (g) [Lines 522-541] contains setback requirements generally similar to existing provisions. Subsection (h) [Lines 543-569] adds new requirements concerning the protection of public safety communication facilities and water tanks. These provisions are intended to ensure that the operation of such facilities is not compromised by private wireless communications. In particular: . No private wireless telecommunications equipment shall be allowed: (i) on sites with public safety communications facilities or within the secure compounds of such sites; (ii) in any location at which the Director or Communication and Information Technology determines, based upon an intermodulation study, that the operation of the proposed wireless telecommunications facilities would present a substantial possibility of causing interference with one or more public safety communications facilities and cannot be satisfactorily mitigated; or (Hi) in any location within a 200 - foot buffer of the microwave path of any existing or future public safety communications microwave facility. . No private wireless telecommunications equipment shall be allowed on any City water tank or within the secure area of any water tank site unless there is a demonstrable public need for wireless telecommunications services in the area to be served by such facilities and there is no reasonable alternative site available. In such cases, the applicant shall be required, as a condition of the conditional use permit, to comply at all times with the security plan approved by the City Council. Subsection (i) [Lines 571-597] prohibits signage, incorporates Federal Communications Commission and Federal Aviation Administration requirements and provides for periodic inspections of communication towers by the City. It also adds a requirement that communication towers or wireless telecommunications equipment that are not in use for a period of one year must be removed within ninety days after notification by the City. If not removed in a timely fashion, the City may contract for the removal and charge the cost to the owner of the communication tower or wireless telecommunications equipment. 18 767 Subsection (j) [Lines 599-622], which is new, allows communication towers that are affixed 768 to electric transmission line structures and that meet the requirements of the subsection as 769 permitted (i.e., by-right) uses. The intent of this subsection is to encourage communication towers 770 on electric transmission towers by providing an incentive (i.e., not requiring a conditional use 771 permit) to locate them on such towers. There is also a requirement that the abutting property 772 owners be notified of the filing of a site plan or building permit application seeking approval of 773 such a tower before approval is given. Building-mounted antennas that meet the requirements of 774 CZO Section 207 are similarly allowed a principal uses in certain zoning districts. 775 776 777 Sec. 301. Use regulations [Preservation District]. 778 779 (a) Pnnclpal and conditional uses. The follOWing chart lists those uses permitted 780 within the P-1 Preservation DistriCt. Those uses and structures shall be permitted as either 781 principal uses Indicated by a "P" or as conditional uses Indicated by a "C." No uses or structures 782 other than as specified shall be permitted. 783 TABLE INSET' 784 USE P-1 Communication towers. except as specified below C Communication towers on property set aSide for purposes of preservrna such property In its natural state or zoned P-1 as a condition of a discretionary action by the City Council. such as a conditional chanae of zOnlna or conditional use permit. that authOrizes development on adiacent property x TeleVISion or other broadcasting stations ::md line of sight roby dovlces 785 786 COMMENT 787 788 The amendments prohibit communications towers on land in P-l Preservation Districts that 789 has been set aside for purposes of preserving it in its natural state or as a condition of a 790 discretionary City Council action, such a rezoning or conditional use permit, that authorizes 791 development on adjacent property. In other areas zoned P-l Preservation, communication towers 792 are permitted as conditional uses. 793 794 The term "line-of-sight relay devices" is replaced by "communication towers," which are 795 currently allowed as conditional uses. No other substantive changes are made to the section. 796 797 798 Sec. 401. Use regulations [Agricultural Districts]. 799 800 (a) Principal and conditional uses. The following chart lists those uses 801 permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in 802 the respective agricultural districts shall be permitted as either pnnclpal uses indicated 803 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an C 19 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 "X" shall be prohibited In the respective districts. No uses or structures other than as specified shall be permitted. USE AG-1 AG-2 Buildina-mounted antennas. subiect to the reqUirements of Section 207 .E .E Communication towers meetina the reqUirements of Section 232(j) .E p Communication towers, except as specified above C C Television or other broadcasting stations, cellular telephone ~mtenna and line of sight relay devices C C COMMENT The amendments allow building-mounted antennas and communication towers meeting the requirements of Section 207 and 232m, respectively, as permitted uses in the AG-l and AG-l Agricultural Districts. Communication towers not meeting those requirements are allowed as conditional uses. The term "line-of-sight relay devices" is replaced by "communication towers," in order to conform the terminology used throughout the zoning ordinance. Sec. 501. Use regulations [Residential Districts]. (a) Pnncipal and conditional uses. The following chart lists those uses permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures in the respective residential districts shall be permitted as either prinCipal uses Indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited In the respective districts. No uses or structures other than as specified shall be permitted. 20 852 853 Use R40 R~O R~O ~15 R-10 R- 7.5 R- 50 R- R-5S R-2.5 5R Communication towers meetinQ the requirements of Section 232m P P P P P P P P P p Communication towers. except as specified above C C C C C C C C C C Television or other broadcasting stations, cellul3r telephone antenna aM line of sight roby devices C C C C C C C C C C 854 855 COMMENT 856 857 The amendments allow and communication towers meeting the requirements of Section 858 232(j) as permitted uses in Residential Districts. Communication towers not meeting those 859 requirements are allowed as conditional uses. 860 861 The term "line-of-sight relay devices" is replaced by "communication towers," in order to 862 conform the terminology used throughout the zoning ordinance. 863 864 865 Sec. 601. Use regulations [Apartment Districts]. 866 867 (a) Principal and conditional uses. The following chart lists those uses 868 permitted within the A-12 through A-36 Apartment Districts. Those uses and structures 869 In the respective apartment distncts shall be permitted as either pnncipal uses Indicated 870 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 871 "X" shall be prohibited in the respective districts. No uses or structures other than as 872 specified shall be permitted. 873 874 Use A-12 A-18 A-24 A-36 Antonnas, building mounted BuildinQ-mounted antennas. p P p p 21 sublect to the requirements of Section 207 Communication towers meetinq the requirements of Section 232m P C P P Communication towers, except as specified above P C c C TeleVIsion or other broadcasting stations, cellular telephone antenn3 and line of sight relay devices c C c C 875 876 COMMENT 877 878 879 The amendments allow communication towers meeting the requirements of Section 232(j) 880 as permitted uses in Apartment Districts. Communication towers and building-mounted antennas 881 not meeting those requirements are allowed as conditional uses. The amendments also clarify that 882 building-mounted antennas are allowed only if they comply with Section 207. 883 884 The term "line-of-sight relay devices" is replaced by "communication towers," in order to 885 conform the terminology used throughout the zoning ordinance. 886 887 888 Sec. 701. Use regulations [Hotel District]. 889 890 (a) Principal and conditional uses. The following chart lists those uses 891 permitted within the H-1 Hotel District. Those uses and structures in the district shall be 892 permitted as either principal uses indicated by a "P" or as conditional uses indicated by 893 a "C." Uses and structures indicated by an "X" shall be prohibited In the district. No uses 894 or structures other than as specified shall be permitted. 895 896 897 Use H-1 Antenn3, building mounted Buildinq-mounted antennas, sublect to the reqUirements of Section 207 p Communication towers meetinq the requirements of Section 232m 1: C Communication towers. except as specified above Television or other broadcasting stations, cellul3r telephone 3ntennas and line of Sight relay de':lces C 898 899 COMMENT 22 900 901 The amendments allow communication towers meeting the requirements of Section 232(j) 902 as permitted uses in the H-l Hotel District. Communication towers not meeting those requirements 903 are allowed as conditional uses. The amendments also clarify that building-mounted antennas are 904 allowed only ifthey comply with Section 207. 905 906 907 The term "line-of-sight relay devices" is replaced by "communication towers," in order to 908 conform the terminology used throughout the zoning ordinance. 909 910 911 Sec. 801. Use regulations [Office Districts]. 912 913 (a) Prmclpal and conditional uses. The following chart lists those uses permitted 914 within the 0-1 and 0-2 Office Districts. Those uses and structures In the respective Gffi.Ge 915 Distncts office districts shall be permitted as either pnnclpal uses Indicated by a "P" or as 916 conditional uses Indicated by a "C." Uses and structures Indicated by an "X" shall be prohibited 917 In the respective districts. No uses or structures other than as specified shall be permitted. 918 USE 0-1 0-2 1 Antennas, building mounted Buildinq-mounted antennas. sublect to the reqUirements of Section 207 X P Communication towers meetinQ the reqUirements of Section 232m E E CommunIcation towers. except as specified above C C TelevIsion or other broadcasting stations, cellul3r telephone ::mtonnas ::md line of sight relay deVices C C 919 920 COMMENT 921 922 The amendments allow communication towers meeting the requirements of Section 232(j) 923 as permitted uses in the 0-1 and 0-2 Office Districts. Communication towers not meeting those 924 requirements are allowed as conditional uses. The amendments also clarify that building-mounted 925 antennas, which are allowed only in the 0-2 Office District, are subject to the requirements of 926 Section 207. 927 928 The term "cellular telephone antennas and line-of-sight relay devices" is replaced by 929 "communication towers," in order to conform the terminology used throughout the zoning 930 ordinance. 931 932 933 Sec. 901. Use regulations [Business Districts]. 23 934 935 (a) PrincIpal and conditional uses. The following chart lists those uses permitted 936 within the B-1 through B-4K Business Districts. Those uses and structures In the respective 937 business districts shall be permitted as either principal uses Indicated by a "P" or as conditional 938 uses Indicated by a "C." Uses and structures Indicated by an "X" shall be prohibited In the 939 respective districts. No uses or structures other than as specified shall be permitted. 940 941 USE B-1 B- B-2 B-3 B- 1A 3A B-4 B- B- 4C 4K .^.ntenn3S, building mounted Buildina- mounted antennas meetina the reqUirements of Section 207 X X P P P P P X Communication towers meetina the reqUirements of Section 232m e e e e e e e e Communication towers. except as specified above X C C C C C C X Radio or television broadcasting stations and line of Sight relay devices X C C C C C C X 942 943 944 COMMENT 945 946 The amendments allow communication towers meeting the requirements of Section 232(j) 947 as permitted uses in all Business Districts. Communication towers not meeting those requirements 948 are allowed as conditional uses, except in the B-1 Neighborhood Business and B-4K Historic 949 Kempsville Area Mixed Use Districts. The amendments also clarify that building-mounted 950 antennas must comply with the requirements of Section 207. 951 952 The term "cellular telephone antennas and line-of-sight relay devices" is replaced by 953 "communication towers," in order to conform the terminology used throughout the zoning 954 ordinance. 955 956 Sec. 1001. Use regulations [Industrial Districts]. 957 958 (a) PrinCIpal and conditional uses. The following chart lists those uses 959 permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the 960 respective Industrial districts shall be permitted as either principal uses indicated by a 961 "P" or as conditional uses indicated by a "C." Uses and structures Indicated by an "X" 962 shall be prohibited in the respective districts. No uses or structures other than as 963 specified shall be permitted. 964 965 966 24 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 Use 1-1 1-2 l\ntonn::Is. buildino mounted Buildino-mounted antennas meetino the requirements of Section 207 P P Communrcation towers meetino the reqUirements of Section 232m E C P C Communrcation towers. except as specified above Radio or televIsion transmission, collubr telophono ::Intenn::I and relay stations C C COMMENT The amendments allow communication towers meeting the requirements of Section 232(j) as permitted uses in the 1-1 and 1-2 Industrial Districts. Communication towers not meeting those requirements are allowed as conditional uses. The amendments also clarify that building-mQunted antennas must comply with the requirements of Section 207. The term "cellular telephone antenna" is replaced by "communication towers," in order to conform the terminology used throughout the zoning ordinance. Sec. 1501. Use regulations [RT-1 Resort Tourist District]. (a) The following chart lists those uses permitted within the RT-1 Resort Tourist District as either principal uses, as Indicated by a "P," or as conditional uses, as Indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provIsions of the Oceanfront Resort Area DeSign GUidelines. Use RT-1 Building-mounted antennas meetina the requirements of Section 207 p COMMENT The amendment clarifies that building-mounted antennas must comply with the requirements of Section 207. 25 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 Sec. 1511. Use regulations [RT-2 Resort Tourist District]. (a) The following chart lists those uses permitted withIn the RT-2 Resort Tounst Distnct as either principal uses, as rndicated by a "P," or as conditional uses, as Indicated by a "C." Conditional uses shall be subject to the provIsions of Part C of Article 2 (section 220 et seq.). Buildings withrn the RT-2 Distnct may include any pnnclpal or conditional uses In combInation with any other principal or conditional uses. No uses or structures other than those specified shall be permitted. All uses, whether pnnclpal or conditional, should to the greatest extent possible adhere to the proVIsions of the Oceanfront Resort Area DeSign GUIdelines. Use RT-2 Antennas, building mounted Buildina-mounted antennas meetinq the requirements of Section 207 P Communication towers C Radio and television broadcasting stations, colluI3r antenna ~md lino of sight relay dovicos C COMMENT The amendments clarify that building-mounted antennas must meet the requirements of Section 207. Communication towers are allowed only as a conditional use, irrespective of whether they comply with the requirements of Section 232(j). The term "line-of-sight relay devices" is replaced by "communication towers," which are allowed as a conditional use. The amendment is not substantive, as the present provision allows communication towers under the name of "line-of-sight relay devices." Sec. 1521. Use regulations [RT-3 Resort Tourist District]. (a) The followrng chart lists those uses permitted withrn the RT-3 Resort Tounst Distnct as either pnnclpal uses, as Indicated by a "P" or as conditional uses, as Indicated by a "C." Conditional uses shall be subject to the provIsIons of Part C of Article 2 (section 220 et seq.). Except for sIngle-family, duplex, semIdetached and attached dwellings, buildings withIn the RT -3 Distnct may rnclude any princIpal or conditional uses rn combrnation with any other pnncipal or conditional use. No uses or structures other than those specified shall be permitted. All uses, whether pnnclpal or conditional, should to the greatest extent possible adhere to the provIsIons of the Oceanfront Resort Area Design GUidelines. Use RT-3 J\ntenn3&, building mounted Buildina-mounted 26 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 antennas meetina the requirements of Section 207 p Communication towers C Radio and television broadcasting stations, celluklr ~mtenn3 and line of sight relay devices p COMMENT The amendments clarify that building-mounted antennas must meet the requirements of Section 207. Communication towers are allowed only as a conditional use, irrespective of whether they comply with the requirements of Section 232(j). The term "line-of-sight relay devices" is replaced by "communication towers," which are allowed as a conditional use. The amendment is not substantive, as the present provision allows communication towers under the name of "line-of-sight relay devices." of Adopted by the Council of the City of Virginia Beach, Virginia, on this ,2008 day CA-10599 August 7, 2008 R-15 Approved as to Content: Approved as to Legal Sufficiency: w~M.MJ, City Attorney's Office 27 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 79 80 81 82 83 84 85 86 87 88 load based on average total phosphorus loading (FVA) of 2.72 pounds per acre por year and an equivalent Impervious cover (IV A) of twenty five (25) percent (b) For redevelopment, the nonpoint source pollution load shall be reduced by at least ten (10) per cent of the existing load. The City Manager may waive or modify this requirement for redevelopment sites that originally incorporated best management practices for stormwater runoff quality control, provided that: 1. In no case may the postdevelopment nonpoint source pollution runoff load exceed the predevelopment load; and 2. Best management practice facilities shall be In good working order and performing at the design levels of service. The City Manager shall conduct a review of the original structural deSign and the maintenance plans of such facilities. The execution of a new maintenance agreement may be required to ensure compliance with these requirements. (c) Predevelopment and postdevelopment loadings shall be calculated by the same procedures as outlined by the current Virginia Stormwater Management Handbook Manual. Such calculations shall be appropriatelv documented. (d) Calculations involving the percentage of site area under imperviOus cover shall be based upon the lot area landward of mean low water and wetlands. ImperviOus cover shall not Include the water surface area of a swimming pool. (17) Where structural the best management practices are utilized require regular or periodic maintenance In order to continue their functions, such maintenance shall be ensured by the City through a maintenance agreement with the owner or developer or the owner shall certify yearly that maintenance has been accomplished. Adopted by the Council of the City of Virginia Beach, Virginia, on this 24th day of June, 2008. 1 AN ORDINANCE TO AMEND THE CHESAPEAKE BAY 2 PRESERVATION AREA ORDINANCE, PERTAINING TO 3 MAINTENANCE AGREEMENTS FOR STRUCTURAL BEST 4 MANAGEMENT PRACTICES AND POSTDEVELOPMENT 5 RUNOFF LOAD 6 7 Sections Amended: Chesapeake Bay Preservation Area Ordinance SS 8 103 and 106 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA. 12 That Sections 103 and 106 of the Chesapeake Bay Preservation Area Ordinance 13 (City Code Appendix F) are hereby amended and reordained to read as follows: 14 15 16 17 Sec. 103. Definitions 18 19 20 21 Best management practice. A practice, or a combination of practices, determined 22 to be the most effective practicable means of preventing or reducing the amount of 23 pollution generated by nonpolnt sources to a level compatible with water quality goals. 24 25 Best manaoement practice. structural. A best manaoement practice that reQuires 26 the deslon and certification of a licensed desion professional. 27 28 Board. The Chesapeake Bay Preservation Area Board. 29 30 31 32 Sec. 106. Performance standards. 33 34 35 36 (A) General performance standards for development and redevelopment. . 37 38 39 40 (8) For any development or redevelopment, stormwater runoff shall be 41 controlled by the use of best management practices that achieve 42 the following results: 43 44 (a) For development, the postdevelopment nonpoint source 45 pollution runoff load shall not exceed the predevelopment - 70- Item V-K.ll.c. PLANNING ITEM #57780 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND Appendix F - Chesapeake Bay Preservation Area Ordinance re maintenance agreements for structural best management practices, post development runoff load and impervious cover Votmg: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Dlezel, Robert M Dyer. Barbara M Henley, Vice Mayor LoUIs R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrm, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay' None Council Members Absent: None June 24,2008 i I ,,~'^"~:\ ,0'%I""' .....;\"~, [o'l"t. \1;1, (~: . .. t7.1 ~'-:\"!"""" . ~~ (';..~... Ii) ~~..~ ..... ,-l:/ "1, ............ ~~~.4 ""'.;~~~..- CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: AMENDMENT to the Chesapeake Bay Preservation Area Ordinance pertaining to swimming pools as impervious cover. MEETING DATE: August 26,2008 . Background: The Commonwealth's Chesapeake Bay Local Assistance Board (CBLAB) IS required by law to review local Chesapeake Bay programs to determine whether such programs are in compliance with all applicable State requirements. In June 2007, CBLAB found the City of Virginia Beach noncompliant with its implementation of the Chesapeake Bay Preservation Area (CBPA) Ordinance. The City was directed to comply with nine (9) enumerated recommendations from CBLAB by July 1, 2008 to have its implementation of the Ordinance found compliant. . Considerations: On June 24, 2008, the City Council adopted amendments to the City Code that moved the City toward compliance. Not adopted, however, was an amendment to Section 106 of the Chesapeake Bay Preservation Area Ordinance pertaintng to the Inclusion of water surface area of a swimming pool In the calculation of impervious cover. Under the existing ordinance, the water surface area of swimming pools is not included In the impervious cover calculation. The proposed amendment will require that the water surface area of SWimming pools be calculated as part of the impervious cover calculation. . Recommendation: Bya vote of 8-3, the Planning Commission recommends dental of the amendment. . Attachments: Staff Review Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends denial. City Manager: ~l~~ Submitting Department/Agency: Planning Department CITY OF VIRGINIA BEACH AMENDMENT TO SEC. 106 OF THE CHESAPEAKE BAY PRESERVATION AREA ORDINANCE Agenda Item 22 July 9.2008 Public Hearing REQUEST: An Ordinance to amend the Chesapeake Bay Preservation Area Ordinance (City Code Appendix F), pertaining to the Inclusion of water surface area of a sWimming pool In the calculation of Impervious cover SUMMARY OF AMENDMENT The Commonwealth's Chesapeake Bay Local Assistance Board (CBLAB) IS required by law to review local Chesapeake Bay programs to determine whether such programs are In compliance with all applicable State requirements. In June 2007, CBLAB found the City of Virginia Beach noncompliant with its Implementation of the Chesapeake Bay Preservation Area (CBPA) Ordinance. The City was directed by CBLAB to comply with nine (9) enumerated recommendations from CBLAB by July 1, 2008 to have its Implementation of the Ordinance found compliant. On June 24, 2008, the City Council adopted amendments to the City Code that moved the City toward compliance. Not adopted, however, as it was deferred by the Planning Commission on June 11, 2008, IS an amendment to Section 106 of the Chesapeake Bay Preservation Area Ordinance), pertaining to the Inclusion of water surface area of a sWimming pool In the calculation of Impervious cover The amendment attached to thiS report addresses how the amount of Impervious cover on a lot IS calculated. Previously, the water surface area of sWimming pools was not Included In the Impervious cover calculation. The amendment will require that the water surface area of sWimming pools be calculated as part of the Impervious cover calculation. Also attached to thiS report IS a letter from the Virginia Department of Conservation and Recreation (OCR) providing Insight Into the rationale for Including pools In the calculation. RECOMMENDATION The proposed amendments are recommended for approval. CITY OF VIRGINIA BEACH Agenda Item 22 Page 1 Item #22 City ofVirgmJa Beach An Ordinance to amend Appendix F -Chesapeake Bay PreservatIOn Area Ordinance, SectIon 106 pertainmg to the mclusIOn of water Surface area of a sWlmmmg pool m the calculatIOn of ImpervIOUS cover July 9, 2008 REGULAR Donald Horsley: Our last Item on the agenda IS Item 22, City ofVirgIma Beach. An ordinance to amend Appendix F - Chesapeake Bay PreservatIon Area Ordinance, SectIOn 106, pertammg to the mclusIOn of water surface area of a sWImmmg pool m the calculatIOn of impervIOUS cover. Stephen WhIte: Clay IS gomg to mtroduce thIS Item to yOU. Then, If you have any questIOns, Clay and Kay are here, and Mr. Macali. Jamce Anderson: Okay. Clay BernIck: Good afternoon ChaIrman and members of the Planmng CommISSIOn. Clay BernIck, the Plannmg Department's environmental staff. I'm here to try to giVe you some of the background regarding Item 22. As you recall at your June meetmg, there were a senes of other amendments that were before you for the City to be found consIstent WIth what IS called "Phase I" of the Chesapeake Bay PreservatIOn Act Regulations revIew of our local program. You recommended approval, and City Council approved all of those other recommendatIons last month, and thIS Item, of course, was deferred so you could have more feedback from staff and from the public regarding the sWImmmg pool matter. In your package you receIved a letter dated June 25, 2008, from the Department of ConservatIOn and RecreatIOn. Then explanatIon regarding why the defimtIOn of ImpervIOUS cover m the State regulatIon states that surfaces composed of any matenal that sIgmficantly Impedes or prevents natural mfiltratIOn of water mto the soil. That defimtlon goes on and says It mcludes surfaces such as, but not limIted to, roofs, buildings, streets, parkmg areas, any concrete asphalt or compacted gravel surface. ThIS defimtIon IS also the same defimtIOn as m the State regulatIOns for stormwater management as It IS for Chesapeake Bay regulatIOns. Based on that defimtIon, the State IS of the opmion that since a sWlmmmg pool does Impede or prevent mfiltratIOn on water below the area where the sWImmmg pool is, that IS conSIdered ImpervIOUS. And If a pool IS covered by a cover dunng its off season, whIch m thIS area mIght be SIX months or so, then It would also be ImpervIOUS durmg that tIme penod. They are not designed for stormwater storage. They are deSIgned, of course, for recreatIonal use, and even though you mIght have ponding of water m a pool, m that surface area compromISIng the pool dunng storms that water does not runoff as It would or mfiltrate as It would If It would If It were a pervIOUS surface like a grassed area. From those standpomts, the State believes that we need to make that amendment to our ordinance to be found fully conSIstent WIth Phase I of the regulatIOns. There are a couple of other thmgs that I would pomt out to you. There has been some concern expressed that thIS would mean that If we change thIS defimtIOn, people could not have pools, and I thmk that IS a mIstake on the facts. Staff routmely does and will contmue to hear vanance requests for swimmmg pools m the Resource ProtectIon Area. People do apply for vanances regularly. They would not be Item #22 City of VirgInIa Beach Page 2 prohibIted from dOIng that for SWImmIng pools. What It would mean though, If you change the defimtIon, so that SWImmIng pools were ImpervIous, then those vanances you would need to proVIde some sort of stormwater treatment for the surface area of the pool. TypIcal pool surface area IS about 150 square feet. PuttIng In a BMP or some kInd of mechamsm on a lot to handle InfiltratIon for runoff from that area would typIcally be somewhere In the order of a 15 or 25 square foot plantIng bed, French draIn, what have you The cost of that would be an additional mInor cost for an applicatIOn, but the cost of that In companson to the cost of the pool and the deckIng and so forth around it, would probably be In the order of two percent. So, we believe It IS a small amendment. We find It fully consIstent. We pnde ourselves In VirgInIa Beach as beIng, as we believe to be, the best "Bay Program" III the State. We've had a lot of success SInce It was adopted back In 1990. And It is shown In areas like Lynnhaven where we have reopened shellfish beds that have been closed for 80 years. So, we thInk thIS kInd of keeps that going forward. And the staff would recommend approval. I'll be glad to answer any questIOns. Joe Strange: I would like a brief descnptIon of the relationshIp of the CBLAB and OCR? What IS theIr relatIonshIp? Clay BernIck: CBLAB, the Chesapeake Local ASSIstance Board, IS a board appOInted by the Governor, and they serve as the adVISOry body to one sectIon ofDCR, the Department of ConservatIOn and RecreatIon. That one sectIOn IS called the Chesapeake Bay Local ASSIstance DIVISIon. They serve as the adVISOry board for that. They have overSIght, overvIew of local programs, and find whether localities are consIstent WIth theIr ways. Joseph Strange: So the DCR can listen to the CBLAB and they could eIther adopt or not adopt their suggestIOns? The governIng body IS OCR nght? Clay BernIck: No. In thIS case It IS the local aSSIstance board. Joseph Strange: Oh, It is? Clay BernIck: Yes sIr. They are the adVISOry body that IS appOInted through the Governor's Office, and they oversee the admInIstration of the State's Chesapeake Bay regulatIOns. Henry LIvas: Who does the regulatIons InItIally? Clay BernIck: The regulations are put together under VirgInIa Code. All regulations are admInIstrative, and they are developed through a public heanng process. There is a public Information requirement. They are notIced In the state regIster, and then those are amended and adopted on need baSIS. DIfferent boards and commIssions In State government have responsibilitIes for different regulations. These regulations come under that, whIch IS the Chesapeake Bay Local ASSIstance Board. Joseph Strange: So, does the CBLAB, do they have any enforcement capabilitIes? Item #22 City of Virgima Beach Page 3 Clay Bernick: They recommend enforcement capability. They don't actually have direct enforcement capability. No SIr. The department has that, but they would recommend to the department enforcement actIOns or they recommend that localitIes are consIstent or not consIstent. Joseph Strange: Through the DCR? Clay BernIck: Yes sIr. Joseph Strange: So that IS why we got the notIce through the DCR? Clay Bernick: Right. Those are the staff folks. I guess the comparIson would be the board up there would be similar to the Planmng CommIssIon, and then the staff at DCR would be like the Planmng staff here. Joseph Strange: Ifwe didn't adopt It, what would be penalty from the DCR? Clay BernIck: Well, that IS a good questIOn. I don't see Kay at the moment. Bill Macali: I'll answer the questIon. The Code prOVIdes that they can take admInIstratIVe or JudiCIal measures, whIch would Include, most likely, seeking an InjUnctIOn requmng us to change our program. Whether or not they would? I don't know. I'm not them. But there are remedies to go ahead and reqUIre us through the courts to conform our program to the reqUIrements of the regulations. Joseph Strange: The reason why I'm askIng the question is according to the oppOSItIon some of the statements. It IS kInd of hard for us to get thIS stuff ironed out here. Clay BernIck: Absolutely. Joseph Strange: Is It exactly law enforcement capabilitIes they have or can we choose to defy It? You're baSIcally we can choose to defy It WIthout some type of, at least an admImstratlve remedy Bill Macali: I'm not gIVIng you any adVIce about whether or not the PlannIng CommISSIOn or Council should choose to defy the partIcular regulations. I'm SImply saYIng that If the amendment IS not made, the Attorney General's Office, upon request of CBLAB or DCR, whatever the case may be, It really doesn't matter, they would be able to brIng legal actIon agaInst us, seeking to compel us to conform our program to the regulatIons. I'm not makIng any recommendatIon about whether or not to defy the regulatIOns. That IS not our positIOn. I'm SImply saying that If the amendments are not made we would be subject to legal actIon. Whether or not we could win, I don't express any OpInIOn on that. Simply saYIng, there are admInIstratIve remedies. It IS an enforcement set of regulatIOns IS what I'm saying. Clay BernIck: One of the thIngs that the staff has done IS try to get a better handle on what other localitIes are dOIng. There are 100 localities, countIes, citIes and towns that Item #22 City ofVirgmia Beach Page 4 are under the Chesapeake Bay Regulations. We checked wIth both the department staff at DCR and we contacted the rest of the local governments m Hampton Roads. Everyone else IS consIdenng sWImmmg pools as ImpervIOUS, all 99 of them. Janice Anderson: Clay, If you can clanfy somethmg for me? This termmology that has been in the Chesapeake Bay Act about ImpervIOUS, that has been there all along correct? Clay BernIck: Yes It has. JanIce Anderson: Okay. We opted out the pool area all along correct? Clay BernIck: Yes we have. JanIce Anderson: And thIS IS the recommendatIon now by thIS advIsory board or assIstance board that we change that? Clay BernIck: That IS correct. Janice Anderson: They haven't gIven us any notIce that we're m VIOlatIOn, and they're gomg to do anythmg at this pomt correct? Clay BernIck: No. Bill Macali: They told us we were VIOlatIOn, but they didn't say anythIng that they were going to take any partIcular actIOn. Clay BernIck: They adVIsed us about a year ago that we needed to amend our ordinance to be compliant. Janice Anderson: Okay. And actually each CIty, It IS my understanding, kmd of tailors thIS act according to theIr own partIculars, Just like Norfolk has the Intensely Developed Areas. So, you're saymg, m your opmIOn, you thInk that VirgmIa Beach has probably the best program m the state so far. Clay BernIck: We have the best program In the state, I believe, and I thInk our track record IS showmg that. We have a lot of flexibility In workmg WIth our ordinance, and accommodatmg people's vanance requests and protectmg water quality. I guess, for that reason, maybe to use a vernacular, I would, at a staff level, not recommend that we not fall on our sword on a mInor Issue as a sWImmmg pool where we believe we can accommodate the needs of property owners who want SWImming pools, and we can work with the development community to make sure that we put m place whatever kmd of additIOnal minImal safeguard IS needed for the water quality protectIon for the area where the pool IS WIthout really effectmg anything. And, that keeps us totally compliant with the state, but more important that we continue to Improve water quality protectIOn In Virginia Beach. Item #22 City ofVirgima Beach Page 5 Jamce Anderson: Okay. There was a concern about If we pass that this, everybody IS gomg to have to go get a vanance. And, I remember a couple of years ago, remember they were concerned, I guess It was one of the recommendations, we were having too many vanances. Remember that? And, that became an Issue; so, they didn't want us to do the vanances. So, I don't want to say thIs won't be a problem. Waterfront owners you can go get a vanance when they're not gIving vanances out. Clay BernIck: Well, we're still glvmg out the vanances. We know that the state has concerns that we give out a number ofvanances more than other localities. We're very qUIck to pomt out to them though that m terms of development activIty along the shore line, we are probably at least 10, If not 20, times the amount of development annually than the other localities have combmed together. And that IS a factor Just of geographIc locatIOn and development that IS gomg on m VirgmIa Beach, and the attractiveness of the area. And, we can't help that. That is not a real fault on our side. We are Just bUSIer than other localities, because there is more actiVIty here. Janice Anderson: Go ahead AI. Al Henley. Clay, bemg thIS IS a State program, Isn't the City ofVirgmIa Beach's program revIewed over a certam penod of time every two or three years by state law on how well the program IS bemg run m each mumclpality? Clay BernIck: Yes It IS. Al Henley. What IS the tIme on that? Isn't It like very two years, supposedly, every two years? Clay Bernick: For eroSIOn and sediment control It IS every two years. For Chesapeake Bay, It IS approxImately every three or four years. It IS not on the same cycle. Al Henley: Every three or four years. Agam, what state agency would use that program? Clay BernIck: DCR, the Department of Conservation and Recreation. Al Henley: Same as E&S then? Clay BernIck: Yes SIr. Al Henley' Okay Are they consIstent? Are they here every three or four years to reVIew our program? Clay BernIck: Yes. They have been here. Al Henley: Unlike the E&S program. We may be lucky If we get it every 6 or 8 years. Clay BernIck: RIght. Item #22 City ofVirgmIa Beach Page 6 Al Henley: What is the existmg pool versus the new pools? Would the eXlstmg pools be grandfathered or would they need to be m vIOlatIOn as well? Clay BernIck: They would not be m violatIon, but If somebody came m for a new vanance request, the pool area would be conSIdered ImpervIOUS on an old pool Just as much on a new pool. Al Henley: I could have a pool on Lynnhaven RIver, and It has been there for five years, and as long as I do not change the structure or enlarge it, I'm fine? Clay BernIck: Absolutely. No change. Al Henley: With the old pool, the pool that I have, and I back up along my neIghbor, that reqUIrement did require a buffer did It not? Clay BernIck: Yes. That buffenng reqUIrement has been m place smce 1990. Al Henley: Okay. And what was that buffenng on the old eXIstmg regulatIOns? Do you recall? Clay BernIck: Well, the buffered area, the Resource ProtectIon Area buffer, by regulatIon, IS a mmImum of 100 feet. It may be a little larger than that depending upon the slope of your property But we do hear vanance requests mto that buffer, and partIcularly the Board routmely hears vanance requests mto the landward 50 feet of that buffer for variances for pools, sheds, home additIOns, what have you. Al Henley: I know that a lot of tImes, that RP A, It vanes. It may be heavily vegetated. Some may be cleared. Some of It may have been farm or what have you or existmg property. Let's assume It was clear, and you have very little buffer m that area, wasn't the State regulations requinng a buffer to be established m that area, m the RPA? Clay BernIck: It recommends that. And m our hearmg of vanance requests, the Board routmely, the Chesapeake Bay Board here m the City, will routmely request vanances for pools and additions, and so forth, proVIded there were some mItIgatIon done m the area where the buffer IS. It may be plantmg vegetatIon. It may be puttmg in certain kmd of plant beds. It may be plantmg trees. It may be puttmg in French drams or other means to address water quality. We really tailor that to each mdivldual sIte. Al Henley: Would the new ordinance, what would change WIth the eXIsting and thIS new requirement? Clay BernIck: There would be no change in terms of the buffermg ofthe mItIgatIOn requirement. The only change would be that you may have to do a little bIt more than you do currently to address the amount of area that IS covered by the swimmmg pool. That would be the only change. Item #22 City ofVirgmia Beach Page 7 Al Henley: If I have a pool, and If It IS covered, It IS an enclosed pool, does It fall mto the same regulatIOns as an open pool? Clay BemIck: Currently, that would be conSIdered ImpervIOUS cover because of the rooftop. Al Henley' ThIS is my house? Clay BernIck: Correct. Al Henley: An open pool IS conSIdered? Clay Bernick: Right now m VirgmIa Beach, we conSIder the open pool as pervIous. But under this change, It would be the same as If It had a rooftop or a dnveway or any other surface. Al Henley: Suppose I put a top on It? Clay BernIck: You put a top on It? Then It IS ImpervIOUS. Al Henley: I get the necessary permIts. Clay Bernick: You still need to go through the vanance process for that. You still need to go through a vanance process even If It IS an open pool. The difference IS really Just m calculatmg the amount of area that you have to some type of water quality benefit. Al Henley: Okay. Thank you. Jamce Anderson: Go ahead Jay. Jay Bernas: Let's say you had a blank lot and you wanted to put a house and a pool m? You mIght have to limIt the size the house or not have a pool because If calculate the percent of ImpervIOUS you mIght not have enough room because you mIght be too ImpervIOUS. If you mclude the pool m that calculation, you have to make deCISIons on whether or not you want to change the SIze of the footprint of your house, per se, as opposed to puttmg m a pool WIthout havmg get a vanance. Isn't that like another scenano, per se, havmg a blank lot and having to make those deCISIons when you mclude the pool area in that calculatIon, that kmd of adds everythmg up. Clay BernIck: In theory, I see where you're gomg Mr. Bernas, but I thInk the way I would answer that is there IS a lot of flexibility m that deSIgn process of where you locate the house and the pool m this mstance. The kmd of dnveway material you use. There are a lot of thmgs you can use that would not count the dnveway or the walks as ImpervIOUS. So, that would mcrease the amount of area that you could have for the footpnnt of the house or the pool. There are a lot of tradeoffs. You really have to look at Item #22 City ofVirgmIa Beach Page 8 the balancmg of all those factors m terms of what would ultImately be approved through a vanance process. Jamce Anderson: Thank you Clay Clay BernIck: You're welcome. Donald Horsley: The first speaker IS Billy Garrmgton. Jamce Anderson: You didn't pay hIm enough to put you at the bottom. Donald Horsley: You're the top and bottom m this deal. Billy Garrmgton: That IS correct. Thank you Madame ChaIrwoman and members of the Planning CommiSSIOn. Agam, for the record, I'm a local consultant here m the City of VirgIma Beach. I would like that I'm pattmg myself on the back. I was at the very first Chesapeake Bay Board meetmg. I think m the last 18 years, I thInk I had missed one Chesapeake Bay Board meetmg so I have been at a lot of Chesapeake Bay Board meetmgs, and I see what goes on there from tIme to tIme. I hope all of you got a chance to read the letter that Eddie Bourdon sent you, because I think he stated, m very eloquent terms, and I Wish I could have stated It that well to you m wntmg, hIS OppOSItIon to thIS ordinance. I am I total agreement WIth Mr. Bourdon, and I want to say from my own part that I am agamst these changes to these regulatIOns also. Mr. Henley, I heard you askmg Mr. BernIck a while ago, and I have the up most respect for Clay Clay has got a tough job. But thIS IS reVIewed by the state on a year baSIS, as I think you said somethmg like three or four years. If that IS the case, they have had a chance to reVIew our Chesapeake Bay Board ordinance over 5 tImes because It has been m effect since 1990. ThIS has been in there for qUIte some tIme. So, agam, I can't understand why for so many years thIS wasn't the bIg stIcking pomt that It has become now Just about countmg the amount of ImpervIOUS cover of a SWImming pool. I heard Clay say that we had one of the best ordinances m the State, and I would agree WIth that. We had one of the more restnctIve ones. I heard hIm say there were 100 localitIes, and of the 100 localitIes, 99 include pools and VirgmIa Beach doesn't. I won't argue WIth that. I will also tell you that there are probably 99 localitIes out there that have IDAs, Intensely Developed Areas, that don't even have to go through the vanance process. They only have to do a slight reductIOn m runoff. I bet you there are many other localitIes out there also that don't have one of the mam things that we have m our ordinance, whIch IS steep slopes and hIghly erodible soils. When I thInk ofVirgIma Beach, the only steep slope that I know of IS Mount Trashmore. When you go west ofVirgmIa Beach, and I don't care once you get to Williamsburg and on up, there IS much more topographIc conditions m those localitIes than we have here m VirgmIa Beach. Yet, we have steep slopes and hIghly erodible soils m our ordinance. That puts much more land mto the Chesapeake Bay Area GUIdelines than it would have normally. And agam, I'm as much as an environmentalist as the people m RIchmond. I Just don't believe domg It on somebody else's property I believe on domg It on my property I just thInk thIS IS a bad change to our ordinance. I think our Item #22 City ofVirgmia Beach Page 9 ordinance has stood the test of time. And, I hope you recommend to leave It as it IS. Thank you very much. Janice Anderson: Thank you Mr. Gamngton. Are there any questIOns? Go ahead Henry. Henry LIvas: Are you Implymg that we have authonty to Ignore the regulations on our own here m the City ofVirgIma Beach? Billy Garrmgton: No SIf Mr. Livas, because I'm not an attorney. But I thInk IfCBLAB really wanted to sue the City ofVirgmIa Beach, I thInk they would have done It long ago. I don't think they have the resources. I heard all this saymg that has to do WIth lawyers, and I don't know if It IS appropnate now, but It says If you have the facts on your SIde, pound the facts; If you have a law on your SIde, pound the law, If not, pound the desk. I thInk that IS what CBLAB is domg. I thInk thIS IS just a bunch of saber rattling and that IS all that It IS. I don't thInk there IS anythmg to do. That IS Just my personal opimon. I thInk we have a good ordinance. I thInk we've done a lot to clean up the water. ThIS IS about a move to stop from building sWImmmg pools m the 100 foot RP A buffer. That IS what It IS about. Henry LIvas: I have another questIOn. Do you disagree WIth the two percent mcrease that this change in the ordinance will result from people who are building pools? Billy Gamngton: Two percent mcrease as opposed to what? Henry LIvas: The cost of the pool. Billy Gamngton: I certamly disagree WIth that. I heard Clay say that he thought the average pool was an average of 150 square feet. The average pool, that I see built, IS 20' x 40'. That IS 800 square feet, not 150 square feet. And agam, when you're at the Chesapeake Bay Board, one of the first things they are lookmg at where you're encroachmg mto the buffer. The second thmg they're lookmg at IS what IS your total amount oflot coverage? And when they're talkmg about when you take the impervIOus cover, you only get to count the amount of land area that you have above water, marsh and wetlands. You could have a three acre lot and an acre and half IS under water. When you figure out your ImpervIOus cover calculatIOns, we can only mclude what IS above water, marsh and wetlands. Here IS the cntIcal thmg. Two years ago, we were gettmg houses approved that had 33 to 34 percent ImpervIOus cover WIth regulanty. Now, It IS down to 20 to 25 percent. That number IS a movmg target. We don't know from one meetmg to the next when we go m there, IS It 20 percent or IS It 30 percent? Is It 32 percent or IS It 40 percent? Is It on sand? Is It on dredge spoil matenals? What's the surface underneath of It? It IS Just a movmg target. And It IS a tough process. And agam, I'm not saymg that we should, well I'm saymg we should, defy CBLAB, because I understand we should leave Just like it IS. But I thmk that we have got one of the best ordinances m the State. It IS not a "one SIze fits all". If you read Mr. Bourdon's letter, It IS hIS personal opImon that is what the General Assembly saId when they gave It to each Item #22 City of VirgmIa Beach Page 10 locality and saId "you take thIs as a model" as a gUIde and go adopt your own ordinance so that we don't have one SIze fits all but one that meets the needs of your locality. I think that IS what we have. I thInk we've got a good ordinance. And another thmg, when you talk about grantmg varIances, they are always saymg well, Virgmia Beach IS grantmg way too many varIances. You're domg 12, 14, 18 a month, and Norfolk IS doing five. Who IS the bIggest land owner on the water m Norfolk? It IS the Federal Government. It IS the same way with Portsmouth. You got all those shIpyards over there that IS owned by the Federal government, and they are exempted from these gUIdelines. So granted, If you're gomg to compare us to the localitIes around here, It looks like we are domg more than anybody We got more shoreline than anybody has. And what that also means IS that we're domg more to clean up the water than all these other ones are. So, Just don't pIck on us, because we're grantmg more varIances. Be glad that we are. Because every tIme somebody retrofits theIr house, they're puttmg m these features to help clean up the water. It didn't get polluted overnIght, and It'S not gomg to be clean up overnIght. Jamce Anderson: Thank you Mr. Gamngton. Are there any other questIons? Donald Horsley: Okay. Our next speaker IS John OliVIerI. John OlivierI: Good afternoon members ofthe Plannmg CommISSIon. My name IS John OliVIerI. I'm here on behalf of the Tidewater Builders ASSOCIatIOn. I'm also a life long reSIdent ofVirgmIa Beach and a builder and developer m VirgmIa Beach. I've had qUIte a bIt of experIence WIth the Chesapeake Bay RegulatIons. A lot of our members at TBA have approached us when they found out about thIS and our concern that builders, developers and pool contractors that thIS will limIt. Not necessarily that you can't have a pool, but It IS gomg to limIt bemg able to build the pools, the SIze of the pools. It IS definitely gomg to Impact property rIghts. Any tIme you tIghten up the regulatIons, make It harder to do these thmgs, It Just makes It harder for everybody. I thInk the prevIous speaker, Mr. Garnngton, he did bring up a very good pomt. They look at the area of the lot when you're domg the Chesapeake Bay Preservation GUIdelines. They look at the area of the lot. How much of the lot IS covered. And, when you start saymg we have to look at more of the coverage, that IS gomg to limIt what you can put on the lot. That IS really what It boils down too. We've looked at State law, and from what we can see under thIS Code SectIOn for Chesapeake Bay, It does allow the local governmg body, the State Code allows them, to define what the ImpervIOUS area is. Also, we look at the water m the pool. It IS not at ground surface. It IS several mches below the ground. The pool really doesn't generate runoff like a hard surface. It IS almost like a retentIon pond. It does hold water when it rams. In DCR, they're mformmg Tidewater that they need to adopt pools as ImpervIOUS because they have been gettmg other localitIes to do It. That is because the other localitIes have Just saId, "sure, we'll do it". Agam, like Mr. Garrington saId, VirgmIa Beach has been domg thIS for years. They have never counted It as ImpervIOUS area, and they have never been sanctIOned. Whether that IS Just an overSIght or whether they have just deCIded to pIck on us, I don't know Clay, also did brIng up another pomt, so did Mr. Gamngton, that we have a lot more varIances because we have a lot more land area. So, we're gomg through the varIances, and because we have more propertIes that are affected by It, we have to grant more varIances. So, that is where we Item #22 City ofVirgmla Beach Page 11 are. We defimtely oppose It. We would hope you all would oppose It. Are there any questIons? Jamce Anderson: Are they questIons for Mr. OlivIeri? Thank you very much. That IS all the speakers. Are there any questIons? Clay, would you like to make any other comments? Clay Bernick: One additIonal pomt that I would bnng up, and I don't know If thIS IS the sole reason why It was not pIcked when we were found mconsIstent on thIS pomt before. But smce our ordinance went mto affect at the end of 1990, and It became effectIve, I guess early 1991, the State has amended ItS regulatIons on a number of occasIOns. I don't know particularly. I would have to research that, but It may have been that their defimtlOn changed from pervIOUS cover, and maybe we were consIstent before, and then we became mconsIstent when they changed theIr regulatIons. I'm not certam ofthat. But that IS one possible reason why they didn't accept before. Jamce Anderson: Clay, can I ask you a questIOn? There hasn't been anythmg that speCIfically addresses pool as a runoff problem? Clay BernIck: No. That has not been an Issue. Jamce Anderson: Okay. Just mamly trymg to fit It m whether it IS ImpervIOUS or not. Just kmd of fit It m to a defimtIOn. Clay BernIck: RIght. I will pomt out though that under the State's Stormwater RegulatIOns, It IS quite likely that we,re gomg to see some tIghtemng there. RIght now, when people back wash theIr pools and their chlonnated or, I guess, salted water, m the pool It IS discharged, sometImes people have a pIpe that runs out to the storm dram, the curb, and then, down the drop mlet. That IS not gomg to be an allowable practIce m the future. People are gomg to have to discharge theIr pool or backwash them on theIr lot, so theIr chlonne and the salt can diSSIpate and not go directly mto the storm dram system, because it will be considered a pollutant as far as the storm dramage system. Jamce Anderson: Barry? Barry Knight: Clay, one questIOn that I wanted to ask before I have a couple of others. You have your pool area. We're talkmg now about it may possibly be what were all talkmg about IS water quality When It rams m the pool or If you were to overfill your pool, you don't want thIS water to go mto the tributary in the Chesapeake Bay. That IS what It IS all about nght? Clay BernIck: Well, m general yes. Barry Knight: Okay. Is there anyway that If somebody, and I don't even have a dram that went mto HRSD's stuff, you now what I'm saying, Just like all the other wastewater m your house, whether It be your SInk or any other stuff there. That looks like that would Item #22 City ofVirgmia Beach Page 12 solve all the problems, because you're not havmg any water gomg off the pool. If you have a certam level, and the water goes over that level, then It Just goes to HRSD. Has that ever been thought of? Clay BernIck: That has and maybe Mr. Bernas can correct me? But I believe that last time we checked WIth HRSD, they were not go 109 to accept pool discharge mto theIr system, because the chlonne 10 there would affect the biologIcal processes at the treatment plants. Barry KnIght: Is that a head nod Jay? Is that nght? Jay Bernas: It IS 10 our Industnal Waste Regulations. Barry KnIght: Okay. Thanks. What I was go 109 to try to get to IS that you told us that It was adVIsed or CBLAB was adVIsed, and we ImtIally had thIS contract, If you will, or regulatIOn 10 1990, we haven't seen It as a problem until now. I believe you and the other speakers have told us that we have probably one of the best programs 10 the entIre state. The proof IS kmd ofm the pudding on our total daily load. We really do a great job. We actually, probably, all saId and done, have more stnngent regulations than our SIster CIties do, Norfolk and Portsmouth, when you put It all together. Because we don't have thIS umqueness that they do on thIS Intensely Developed Area, and of course, knowmg that one SIze doesn't fit because we do have a umque geography here. I wondered when they made the contract, If a wasn't a gIve or take SItuatIOn. Norfolk and Portsmouth were more mtensely developed. We opted not to go under there to protect our water quality so much better, but we SaId, gIve us back our sWImmmg pools. It has been so many years now, eIghteen I guess, from my calculatIOn. I Just wonder If now they're not commg back to try to abstract that from us. So, also you told me earlier today that we have a lot of concerns and a lot of measurements that go mto Chesapeake Bay Watershed water quality. You measure certain parameters like your chloroform, mtrates, mtrogen and so forth and so on, phosphates. But we don't really measure chlorme. So, I wonder If maybe we're not bemg a little bIt premature until they measure the chlonne parameters out there If there IS even a problem whatsoever. That IS kmd of my thoughts. I don't know If you had any mput on that Clay. Clay BernIck: The only thing that I might add on that, and this IS a very complex Issue, It makes It even more complicated IS that the State has two separate agenCieS that deal WIth water quality, the Department of EnVIronmental Quality and the Department of ConservatIOn and RecreatIon. Withm those two departments, they got numerous branches and diVISIons that deal WIth a little sliver of water quality here and one over there. At thIS pomt 10 time, they have not established at the State level for chlonne or from salt discharge that would relate to SWImming pools. That doesn't mean that It IS not commg. And when It does come, It won't come under the Chesapeake Bay Regulations. It will probably come under the stormwater regulations, which IS another whole sectIOn. We get the fun at the local level of trymg to put all those vanous pIeces, the State programs together, and stir It around, if you will, and come up with what we thmk IS the best way to do the program. Here before we feel like what we had m place was ample, Item #22 City ofVirgima Beach Page 13 when we were found, as Mr. Macali mentIoned, last year the State advIsed us that we were InCOnsIstent with our regulatIOns governIng our Chesapeake Bay Program. We have an obligatIOn to try to meet that reqUirement. That IS why we recommended approval of the change. Barry KnIght: Thank you Clay. Janice Anderson: Thank you very much. Jay? Jay Bernas: I have a questIon Clay. You mentIOned earlier when I asked the questIOn that you can have certam dnveways count differently. Is there a mIddle ground, because the regulatIOn where I'm reading doesn't speCIfically call out pools. And you saId that 50 percent of the tIme they're covered. Is there a mIddle ground where we can mterpret the regulatIOn where we can say It will only count 50 percent of the pool ImpervIOUS area? Or IS It all or none? Clay BernIck: I believe for a pool It would probably be all or none because the contamer where the pool IS restncts mfiltration below that contamer. That fiberglass or whatever kind of SIded pool It IS. It IS like a bowl. Whereas, you look at different kmds of dnveways or path treatments, there are different kmds of materials that will allow mfiltratIon. We have more latitude m that. But a pool Itself, by the nature of the contamer that holds the water, water cannot pass from the atmosphere through the pool mto the ground below It. It elimmates the area on the lot from haVIng direct mfiltratIon. That IS the reason why It IS found ImpervIOUS. No one IS questIomng that the pool can hold water. The problem IS that the pool doesn't allow water to pass under It. I hope that helps. Jamce Anderson: Phil. Philip Russo: Is there any measure on the effect of runoff that by mcluding pools as ImpervIOUS? Does anybody have a best guess as to how that IS gomg to affect the runoff by mcluding the pool as ImpervIOUS cover? Clay BernIck: By Including the pool as impervIOus cover what It will do from the State regulatIon standpOInt IS that any surface that doesn't allow InfiltratIon will be treated the same for calculatIon purposes. And, then if somebody wants to request a vanance, then they will deSIgned, based on that lot area that Mr. Garrmgton pomted outSIde the water and the wetlands, they will design a plan to address runoff on that lot. So, we would have a conSIstent thmg. In terms of being able to measure the difference by adding pools to this, we have not been able to do that. Philip Russo: What I'm askmg IS If we took Virgima Beach, took our CIty as and try to predict based on that, IS there any measurement? From what I'm heanng, we don't really know what the effect will be. Clay Bernick: RIght. It would be various. It would be exhaustIng research to try to come up WIth somethIng. I don't know what we would find on that. Item #22 City ofVirgmla Beach Page 14 Jamce Anderson: AI? AI Henley: Clay, first of all, this proposal really concerns me to begm WIth. I thmk there are a lot of unknowns. I thmk we have a bureaucratIc board that SItS and they evaluate. To look at what theIr Job IS and to do what they thmk IS best for the Chesapeake Bay I agree, and don't get me wrong. I thmk Chesapeake Bay needs to be cleaned up, because It doesn't produce the oysters and shellfish and so forth as it once did many years ago, even when I was young, whIch was many years ago Barry. As you mentIoned earlier, there IS probably some other wrongmg on the Board that they are consldenng regulating other pools, because they're flushmg out mto the storm dram system. Clay Bernick: Let me correct that. It IS not this Board. It IS a whole separate set of State regulatIons under stormwater. And what they would regulate IS If you discharge the water mto the curb WIth a little pIpe and It goes out the storm dram, that would be consIdered a pollutant then. Al Henley: Okay, so If that occurs and that state agency says, "thIs IS okay Iflaw", and It goes mto all the mumclpalities, then that means that everyone that owns a pool, It flushes out and It eventually leads mto the Lynnhaven Watershed, It IS gomg to be a VIOlation. It IS not Just the people on the Chesapeake Bay on that shoreline. It IS everyone else who flushes those pools out It will eventually gIve to the Lynnhaven tributarIes, that entIre watershed. Clay BernIck: That IS correct. Al Henley: It IS gomg to be mterestmg. Clay BernIck: They would have to modify theIr system so they would baSIcally use some kmd of ImgatIon system on the lot. Al Henley' We don't know what that's going to be. Clay BernIck: RIght. Al Henley: Another thmg IS we all know the Federal government IS exempt from these regulatIOns because It IS a state law If you look at the Chesapeake Bay, Elizabeth RIver, where are the most polluted waters located? It IS m the IDAs. It's m the Intensely Developed Area off Portsmouth and those shorelines. Not m Virgmla Beach. Because why? We have the best system m the program, or at least one of the best in the program, and because of our shoreline. We have the most shoreline. It certamly appears If these governmg State agencIes really wanted to do somethmg POSItIve for that body of water, they would look senously m domg somethmg or changmg or makmg a certain recommendatIon to the already eXlstmg state agencIes. But they're not even womed about that. They're womed about people WIth a pool that It IS not pervIOUS. That concerns me. There IS a bIg pIcture right there. Most polluted water IDAs that no one Item #22 City of Virglma Beach Page 15 seems to be concerned wIth If this agency comes down and says VirgmIa Beach. They have already notIfied the City ofVirgmla Beach that we're m VIOlatIOn nght? Clay BernIck: They advIsed us we're not compliant wIth the regulatIons. Al Henley: So, when that happens, I'm assummg they would probably have a revIew of people eIther in the Board or probably not the Board, It would probably be the Department of RecreatIOn and ConservatIOn will come down, evaluate that, and gIve a report to the City of Virgima Beach government that we yes, they have found out that we are m regulatIOns and we're gIven a certam amount of tIme to conSIder adoptmg thIS ordinance. Clay BernIck: That IS what occurred last June. June of 2007 Al Henley' Last June? Clay BernIck: We were gIven through the end of June thIS year to amend our ordinances to be in compliance. The State board the Chesapeake Bay Board, will meet agam m September to review whether or not we met that deadline. Al Henley: Okay Well thank you. It Just seems like the program IS not faIr. One example you mentIOned earlier, If you have an open pool, there IS a problem. If you have a closed pool It IS not a problem. It IS conSIdered part of the footpnnt of the house. Clay BernIck: Well, when It IS conSIdered part of the footpnnt of the house, when I say It IS not a problem, It IS conSIdered ImpervIOUS smce It IS under a roof. Al Henley: Isn't the proposed ordinance, the pool conSIdered ImpervIOUS? Clay BernIck: The proposed ordinance. But nght now a pool, if you had an open pool, It IS not conSIdered ImpervIOUS. If you have a pool that IS under a roof, It IS conSIdered ImpervIOUS. Al Henley: We're not talkmg about eXlstmg, but we're talkmg about a proposed ordinance whIch IS now going to make an open pool ImpervIOUS. Clay BernIck: RIght. Al Henley: There are too many questIOns. In faIrness, how the Chesapeake Bay Assistance Board did theIr evaluatIon on It. It really concerns me. I've got some real Issues WIth It. I thmk It needs to be a lot more questIons that need to get a larger public heanng through the State. I'm not sure where It should go, but the CIty was notIfied last June that we're m VIolatIOn. Here we are today trymg to adopt an ordinance that no one really has a real true answer for It. It Just really concerns me, because once thIS ordinance IS m place, It would never be changed. It would never go back. We're always going to be something different, and you already told me that they're lookmg for pumpmg out Item #22 City ofVirgmia Beach Page 16 pools. What IS It gomg to bnng next year? What's going to happen m June 2009? 2010? Is thIS gomg to be a recumng event, the Chesapeake Bay and ItS watershed? Who knows? Maybe the North Landing Watershed, the Back Bay Watershed and everythmg else. I think It IS Just a lot of questIOns that I really can't grab a handle on to make common sense out of It. It IS Just my personal opInIOn. Thank you. Jamce Anderson: Don has a questIon. Donald Horsley: Clay, over the last 18 years, how many tImes have we made changes to the Bay Ordinance? Clay BernIck: I would say probably somewhere In the neIghborhood of a half dozen. I'm not sure of the exact number. Donald Horsley: But we have made changes to It to comply WIth the State? Clay BernIck: Yes sIr. Donald Horsley: That is what It all means. Clay BernIck: Maybe followmg up on a pOInt of Mr. Henley, we don't know what regulations mIght change at the State in the future regarding water quality. We may have to make further amendments and correctIons not only to our Chesapeake Bay Ordinance but other thIngs we do for water quality. That IS an evolVIng target. Donald Horsley: That IS the pOInt that I wanted to make. We have made changes. I was here In 1990. You were here. Bill was here. I thInk Karen was here. I don't know If whether anybody else here then or not. Many of you are old enough to be here. But we were here and we fought hard and long. At one tIme, they were gOIng to mc\ude the whole southern watersheds under the Bay Act. We fought hard because we didn't dram In to Chesapeake Bay That IS how our southern watersheds program came about. Clay BernIck: That IS correct. Donald Horsley' There were many, many diSCUSSIOns like thIS held before we finally voted on that back In 1990. I didn't realize what year It was, but I remember a lot of lengthy diSCUSSIOns. I mean, I relay the same sentIments that are relayed here, and I thInk we relayed them all back 18 years ago. These are regulatIons that are sent down to you, and you can tweak them all you want, but In essence, you are gOIng to have to comply WIth them. We can buck them for as long as we can, and at some pOInt m tIme, I would Imagme they will do somethmg and Council will adopt them. I admire. I stick to them that at least down here that we are dOIng the nght thIng. At that tIme, we didn't have any base line data to even warrant what we were dOIng. What are we doing to pollute? Since that, they have come up WIth somethmg. These diSCUSSIOns beIng held now come back to memory. A lot of discussion like thIS took place then. Like I saId, I don't know what the real answer IS. We can vote not to approve It, and send It on to Council to see what Item #22 City ofVirgInJa Beach Page 17 they do. My Inkling IS that maybe Council will finally approve it. I don't know. I know we're very defimtIve of the actions that we do In the City, because we thInk have done a lot of good to get that water quality m the CIty. We thmk the Bay Act has done some good to our CIty WIth the Lynnhaven Improvmg like It has. Like I say, Al It IS very true that m three more years it could be mandated agam that we need to make another change. It IS more restnctIve to the property owners. We all assume that we are 10smg pnvate property nghts, IS what It amounts too. Clay BernIck: One thmg that I would say Mr. Horsley, lookmg back over that 20 years or almost 20 years, the one constant that I can't count on and I've seen happen IS that those rules contmue to tIghten up. And they're tIghtenmg up because the data that IS commg in shows we're not makmg the kmd of Improvements that need to really be made. We've had a lot of success, but that doesn't mean that we can rest on our laurels. We got a long way to go. Donald Horsley: I Just wanted those comments out there. Jamce Anderson: Go ahead. Eugene Crabtree: Clay? Clay BernIck: Yes sIr. Eugene Crabtree: If we were by chance to recommend that this ordinance not be passed, IS there any chance that our State legIslators would even conSIder getting behmd us and supportIng us In thIS? Clay BernIck: I don't have an answer for that. Eugene Crabtree: I know you probably don't, I Just wondered If we were to, and as Mr. Macali says the State can come back and they can bnng JunctIOns to take us to court or whatever and say okay, you're not domg it and get a court order to do It. But IS there any chance that smce we feel a lot that this may not be a faIr type thmg that they're domg to the citizens ofVirgmJa Beach and the State for whatever, that the State LegIslature would even take a look at It. Clay BernIck: I really don't know Eugene Crabtree: If we were to do that? Clay BernIck: That IS anybody's guess. Eugene Crabtree: Would It force the Issue? That IS sort of what I'm askmg. Is there a possibility that thIS would force the Issue? Clay BernIck: I guess there IS always a possibility. The likelihood, I thmk IS very hIgh. Item #22 City of Virgmla Beach Page 18 Janice Anderson: I thmk Henry had a questIon for you. Clay Bernick: Yes SIr. Henry Livas: I thmk we're spending a lot of tIme on thIS. Clay Bernick: Yes sIr. Henry LIvas: We're directmg our attention to the wrong place. Ifwe don't like the regulatIons, WhICh IS ObVIously there are a lot of people here that don't, I thmk It needs to be on the record to the Chesapeake Bay Local ASSIstance Board as of why It IS wrong. Why we don't like It. The narrow thing that we're supposed to be deciding today IS, IS the City in compliance? I thmk It'S ObVIOUS the City is not m compliance. I thmk that IS the only deCISIon we have to make today JanIce Anderson: Go ahead Dave. DavId Redmond: I thmk you're on the CBLAB aren't you Clay? Clay Bernick: No SIr. That IS a State appomted board. DaVId Redmond: Don't you have a role WIth It? Clay BernIck: I'm our local liaison for Virgmia Beach. I work closely WIth them when Issues related to VirgmIa Beach come up. DavId Redmond: Okay I thmk he IS going to get some of thIS. It IS kmd of my pomt. I'm probably m the end gomg to end up supportmg this WIth a real bItter taste m my mouth. And it IS solely because I thmk It IS gomg to end up gettmg stuffed down our throats anyway. So, I can throwaway a vote and have It be symbolic or I could deCIde to go along WIth It. I want to make a couple of pomts. One of whIch IS thIS. Anybody who has ever owned a pool knows that they don't act like asphalt. And the notIOn when you have a ram and It falls on top of water, whIch IS typIcally below the concrete, It doesn't Jump out of there and runoff like It does m the parkmg lot of a shoppmg center. Instances m whIch pool owners have to pump out pools or theIr pool overflows by VIrtue of rams, and my expenence anyway, absolutely mInIscule compared to the mstances when you have to fill It up because of the process of evaporatIon, and trust me It works an awful lot more than does how much you can fill It. All of thIS comes down to the definItIOn of what IS ImpervIOUS. I thmk that IS the real problem. It treats and It sort of a one SIze fits all. Anythmg IS ImpervIOUS If underneath water. You get rain that lands on top of the water on top of the surface area of a sWImmmg pool. You treat that as if It Just landed on the asphalt of a parkmg lot of a shoppmg center, when m fact It is not the same. It doesn't matter to me that the area underneath the pool that lines It, whether It is vmyl or fiberglass or whatever. It IS meanIngless to me to suggest, well It doesn't mfiltrate mto the soil. Alnght, It IS still slttmg on top of water. That is different than your dnveway. It IS different than your roof. It IS different than a parking lot m a shoppmg center. So, Item #22 City ofVirgmla Beach Page 19 we're gomg to end up m the end havmg to do thIs because, agam, I thmk It IS gomg to end up getting stuffed down our throats. By VIrtue ofrecognizmg that, I don't want to let It go unsaid that It doesn't necessarily make any sense, because to me it doesn't. And, I'll bet you, and you will have to look long and hard to find anybody who cares more about Lynnhaven oysters more than I do. But I will bet you that thIS IS going to make not one WIt of difference m terms of the quality of the watershed. So, we mIght as well get used to It because I thmk It IS commg. I don't like the Idea ofbemg told, well you know, here IS an ordinance and you have to support It, because well, tough. Largely, we do I suppose or eventually we will end up wIth It. Let's not be under the illusIon that It IS necessarily gomg to do any good according to the goals that we all share and all take very senously, because m my VIew It IS not gomg to do a bIt of good. Take that, If you would, to CBLAB. Clay BernIck: I'll be glad too. Jamce Anderson: It is not personal Clay. Clay Bernick: I understand. I'm Just the pIano player. Jamce Anderson: Are there anymore questIOns of Clay? Clay Bernick: Thank you all very much. Jamce Anderson: Thank you. Any further discussions or does someone have a motion? Is there a motIOn to approve or a motion to deny? Joseph Strange: I make a motion to deny the application. Jamce Anderson: There IS a motIOn to deny by Mr. Strange. Al Henley' I'll second It. Jamce Anderson: A second by Al Henley ThIS IS a motion to deny the ordinance whIch would mclude swnnrmng pools as ImpervIOUS. Is there any further diSCUSSIOn? We're ready for the questIon. AYE 8 NAY 3 ABSO ABSENT 0 ANDERSON BERNAS CRABTREE HENLEY HORSLEY KASTl AS KNIGHT LIV AS AYE AYE AYE AYE AYE NAY AYE NAY Item #22 City of Virgmla Beach Page 20 REDMOND RUSSO STRANGE NAY AYE AYE Ed Weeden: By a vote of 8-3 the motIon to deny the applicatIOn to amend Appendix F has been approved for demal. Jamce Anderson: Thank you. Is there any further busmess Mr. WhIte? Stephen White: No ma'am. Janice Anderson: Thank you all very much. ~BCEIVEl '- ~. 3 0 2008 L. Preston Bryant. Jr. JUN . \.. ' S",ct"~ ,,'N,,=; R~"" G D t~ARWll. . ",,;a. LANNIN COMMONWEALTH of VIRGINIA Joseph H. Maroon Din:cttl1' DEPARTMENT OFCONSERV ATION AND RECREATION 203 Govc:mor Slreel Richmond. Virglnla 23219-2010 /804} 786-6124 June 25, 2008 Virgima Beach Planning Commission C/o Clay Bernick, Administrator 2405 Courthouse Drive Municipal Center, Bldg. 2 Virginia Beach, VA 23456 The following IS in reference to questions raised about swimming pools and the Chesapeake Bay Preservation Area Designation and Management Regulations. The argument has been made that since the ramwater falling mto the pool will be stored between the nonnal pool water surface and the top of the pool, stonnwater will not run off and therefore the pool should not be considered ImpervIOus cover. From the Bay regulations the following definitions are relevant: "Impervious cover means a surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to, roofs, buildings, streets, parking areas, and any concrete, asphalt or compacted gravel surface." Note that this definition is the same in the statewide Virginia Stormwater Management Program (VSMP) Pennit RegulatIOns effective January 29,2005. "Buffer area means an area of natural or established vegetation managed to protect other components of the RP A and state waters from significant degradation due to land disturbances." The problems with the argument that pools should not be considered impervious cover are as follows: 1. Based on the definition of impervious cover, since a swimmmg pool impedes or prevents natural mfiltration of water into the soil under the pool, it is considered an impervious cover. 2. If a pool cover is utilized, stonnwater will run off as from any Impervious cover. 3. Pools are not deSigned for stonnwater storage and if a stonn exceeds the holding capacity of the pool and fills up the pool, stonnwater will run off as from any impervious area. 4. Although ponding of stormwater in a low spot of a parking area may initially reduce stormwater runoff, it does not change the determination of the asphalt paving as an impervious surface. The same detenmnatIOn is applied to a swimming pool that may mitially reduce stormwater runoff. State Parks · Soil Qlld Water COlIsen'atioll · Natural Heritage · Outdoor RecreatiOl, Pla/ming Chesapeake Ba)' Local Assistance · Dam Safety and Floodplaill iUallagemellt . Land C OIl.fen'otiol1 5. Water quality is improved by stormwater from the entrre drainage area flowing across the RP A buffer before it enters state waters. Filtenng of stormwater by the vegetation, infiltration of stormwater into and cleaning by the soil, as well as water uptake by the vegetation achieve water quality Improvement. 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N~()OOZOJo )>~mocm)>c I -l zm () 0 C/l C/l -l ::0 OJ - - m() o O-l~"U~C/ls:m ::0 Z"U-lS;: CmC/l I ~ ~::omzo~z o mO::OOJrnmcri o OJ() 0--< o ~rn ~~O ::Om G> C/l C/l "T1 m < ~ C ~ o Z "'tl .., (I) CIl (I) :< D> - 0' :::l "'tl D> :::l o :::l (I) "'tl D> to (I) (J) c 3 3 D> -< ." o -I m Z -I )> r- -I o o r- en 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AN ORDINANCE TO AMEND THE CHESAPEAKE BAY PRESERVATION AREA ORDINANCE, PERTAINING TO THE INCLUSION OF WATER SURFACE AREA OF A SWIMMING POOL IN THE CALCULATION OF IMPERVIOUS COVER Sections Amended: Chesapeake Bay Preservation Area Ordinance S 106 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That Section 106 of the Chesapeake Bay Preservation Area Ordinance (City Code Appendix F) IS hereby amended and reordalned to read as follows: Sec. 106. Performance standards. (A) General performance standards for development and redevelopment... (8) For any development or redevelopment, stormwater runoff shall be controlled by the use of best management practices that achieve the follOWing results: (d) Calculations involVing the percentage of site area under ImperviOUS cover shall be based upon the lot area landward of mean low water and wetlands. Impervious cover shall Rat Include the water surface area of a sWimming pool. COMMENT The Chesapeake Bay Local Assistance Board is required by law to review local Chesapeake Bay programs to determine whether such programs are in compliance with all applicable State requirements. The Board has determined that the City's Chesapeake Bay Preservation Area ordinance must be amended to be fully compliant. The amendment involves how the amount of impervious cover is calculated. Previously the water surface area of swimming pools was not included in the impervious cover calculation. The 1 I I 45 amendment will require that the water surface area of swimming pools be calculated as part of the 46 impervious cover calculation. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on this 49 day of , 2008. CA-10799 R-1 June 18, 2008 APPROVED AS TO LEGAL SUFFICIENCY 2 I, I M. APPOINTMENTS AGRICUL TURAL ADVISORY COMMISSION BEACHES AND W A TERW A YS COMMISSION COMMUNITY MEDICAL ADVISORY COMMISSION DEVELOPMENT AUTHORITY HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION P ARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMITTEE I I N. UNFINISHED BUSINESS O. NEW BUSINESS 1. SCHEDULE re City Council Sessions of November 4 and 11, 2008 P. ADJOURNMENT Comprehensive Plan Open Houses September 15, 2008 Tallwood Elementary School DistrIct # I - Centerville 7:00 - 9:00 PM September 18, 2008 FaIrfield Elementary School DistrIct #2 - Kempsville 7:00 - 9:00 PM September 22, 2008 Red Mill Elementary School DIstrIct #7 - PrIncess Anne 7:00 - 9:00 PM September 29, 2008 Creeds Elementary DIstrIct #7 - PrIncess Anne 7:00 - 9:00 PM October 2, 2008 Landstown High School District #7 - Princess Anne 7:00 - 9:00 PM October 6, 2008 Bow Creek Recreation Center District #3 - Rose Hall 7:00 - 9:00 PM DIstrict #6 - Beach October 9, 2008 White Oaks Elementary DIstrIct #3 - Rose Hall 7:00 - 9:00 PM School October 13,2008 Convention Center DIstrIct #6 - Beach 7:00 - 9:00 PM October 16, 2008 ASSOCIatIon for Research & DIstrIct #5 - Lynnhaven 7:00 - 9:00 PM Enlightenment DIstrIct #6 - Beach October 20, 2008 PrIncess Anne High School DistrIct #4 Bayslde 7:00 - 9:00 PM DIstrIct #5 - Lvnnhaven October 23,2008 Bayslde RecreatIOn Center DIstrIct #4 Bayslde 7:00 - 9:00 PM DIstrIct #5 - Lvnnhaven October 27,2008 Cox High School DIstrIct #5 - Lynnhaven 7:00 - 9:00 PM Agenda 8/26/08 afb www.vbgov.com Citye>f Virgir1ia Beach VBgov.com RUTH HODGES FRASER, MMC CITY CLERK PHONE (757) 385-4303. FAX (757) 385-5669 22 August 2008 CITY HALL. BLDG. 1. STE. 281 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 Honorable Mayor Members of City Council In accordance with the City Code and scheduled meetings of City Council, your action is necessary to change that schedule. November 4, 2008, is Election Day and November 11, 2008, is a national holiday. Should City Council determine to cancel the first meeting in November being it is the Presidential and Councilmanic Elections as well as honor the national holiday on the Eleventh, the schedule could be as follows: November 18,2008 Briefings, Informal, Formal and Planning Items November 25, 2008 Briefings, Informal, Formal and Planning Items This would CANCEL the Workshop on the Third Tuesday December 2, 2008 December 9, 2008 Briefings, Informal, Formal and Planning Items Briefings, Informal, Formal and Planning Items City Council has already determined to meet only the first Two Tuesdays in December annually. It is important to consider this rescheduling now to allow the Staff and the Planning Commission to prepare their work schedule. /"Jspect/ully yours, yv;;;~~ CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V 0 I DATE: 8/12/08 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 . T. I BRIEFING: PEMBROKE AREA MASTER RESCHEDULED TRANSPORTATION PLAN TO 8/19/08 @4pm I/WIIIIIV 1 MINUTES V /VIlE F Informal/Formal SessIOns 7/8/08 APPROVED 9-0 A Y Y Y Y Y Y Y A Y Y B B S S T T A A I I I I N N 'I E E D D Gll MA YOR'S PRESENT A nONS KING NEPTUNE xxxv and HIS COURT John Malbon, , A. Resolution recogmzmg the Neptune Chair, Neptune i FrestIval Festival's Thirty-fifth Anmversary 2 MAGNA CARTA STUDENT AMBASSADORS 3 PatricIa Phillips, GFOA EXCELLENCE IN FINANCIAL REPORTING - "Certificate of Director of Achievement" Finance JIHIIII ResolutIon to APPROVE Performance ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Contract for CSB re MHSA CONSENT , 2 Ordinance to GRANT extension for ADOPTED, BY 10-0 Y Y Y N Y Y Y Y Y Y A satisfaction of conditions m c1ostnf! a CONSENT B portion of ConDIe Lane for vanable Width S rlolw (DISTRICT 4 - T BA YSIDEIDISTRICT 2 - KEMPSVILLE) A I I N I E D It- I I 3 Ordinance to TRANSFER ReSIdential ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y , Parkmg from Resort Parkmg to City CONSENT Treasurerlhls operating budget CITY OF VIRGINIA BEACH SUMMARY OFCOUNCU ACnONS V 0 I DATE: 8/12/08 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 4/ Ordinances to AUTHORIZE temporary encroachments mto portions of the City's r/o/w: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y a LAUREL COVE CIVIC LEAGUE re CONSENT subdivIsIon sIgn (DISTRICT 5 - L YNNHA VEN) b WILLIAM R.lKAREN P. ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y SCHONAUERre boatlift on Lake Rudee at CONSENT 2 Caribbean Avenue (DISTRICT 6- BEACH) c CHARLES LARRYIMARY F POPE re ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y timber walkway/staIrs for beach access at CONSENT 560 South Atlantic Avenue (DISTRICT 6- BEACH) d GERALDINE R. CLARK re ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y plerlbulkhead at 2905 Sand Bend Road CONSENT (DISTRICT 7 - PRINCESS ANNE) 5 Resolution to AUTHORIZE VDOT ADOPTED, BY 9-0 A Y Y Y Y A Y Y Y Y Y Revenue Shanng for Prmcess Anne CONSENT B B Road/Kempsville Road mtersectlOn S S T T A A I I N N E E D D 6 Resolution REQUESTING VDOT transfer ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Revenue Shanng from Lynnhaven CONSENT Parkway, Phase IX, to Prmcess Anne Road - Phase IV 7/ Ordinances to ACCEPT/APPROPRIATE VDOT. a $ I.5 Million Highway Safety Improvement ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y (HSIP) Grant re blcycle/pedestnan safety CONSENT b $1.6 Million Highway Safety Improvement ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y (HSIP) Grant re high-accident locations CONSENT c SI.9 Million Grant re mtersection ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Improvements CONSENT ,: CITY OF VIRGINIA BEACH i SUMMARY OF COUNCU ACnONS I V 0 I D,\TE: 8/12/08 M B L I D C E L I 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 I H L R Y S N F N A N D d supplemental Grant re Water ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Transportation Exhibit at Lynnhaven CONSENT House Colomal Education Center (CEC) .. 81 Ordinances to ACCEPT/APPROPRIA TE re Human Services: a Funding for Mental Health Law ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y RefonnlChildl Adolescent services CONSENT . b A Grant from the Governor's Office for ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Substance Abuse Prevention re children at- CONSENT risk K11 RECONSIDERA TION of NIMMO APPROVED 8-3 Y Y Y N Y N N Y Y Y Y CHILDCAREIRESOURCE LEARNING SUBSTITUTE CENTER, INC. Modification of MOTION Conditions (approved November 23,1993, and demed May 6, 2008) at 2244 General Booth Boulevard (DISTRICT 7 - PRINCESS ANNE) 21 Applications for Modification of Conditions: a NEW FAITH CHRISTIAN APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y ! FELLOWSHIP (approved on January II, CONDITIONED, 2005, as Miracle Temple Worship Center, BY CONSENT Inc.) re dayslhours of operation/number of peoplelsquare footage used at 3900 Bonney Road, SUite 113 (DISTRICT 5 - L YNNHA VEN) b WAL-MART REAL ESTATE APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y BUSINESS TRUST (approved on CONDITIONED, December 5, 20001 August 5, 2003) re tire BY CONSENT j storage at 1149 Nimmo Parkway (DISTRICT 7 - PRINCESS ANNE) c VICTORY BAPTIST CHURCH APPROVEDI 11-0 Y Y Y Y Y Y Y Y y y y (approved on December 8, 1998) re CONDITIONED, movement of eXisting dwelling unit to the BY CONSENT property at 4125 Indian River Road (DISTRICT I - CENTER VILLE) - CITY OF VIRGINIA BEACH SUMMARYOFCOUNCUACnONS V 0 I DATE: 8/12/08 M B L D C E L E D H C R A W PAGE: 4 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 3/ Applications for CUPs: APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CONDITIONED, a MARCUS HOLMAN re home occupation BY CONSENT at 920 Cardinal Road (DISTRICT 5 - L YNNHA VEN) b RICHMOND 20 MHZ, LIC (tla Ntelos) APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y re commumcation tower at 5817 Wesleyan CONDITIONED, Dnve (DISTRICT 2 - KEMPSVILLE) BY CONSENT c NEW CINGULAR WIRELESS PCS, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y L.L.C. (tla AT&T) re commumcation CONDITIONED, tower at 109 North Birdneck Road BY CONSENT (DISTRICT 6 - BEACH d CENTERVILLE BINGO, INe. re bmgo DEFERRED 30 10-0 Y A Y Y Y Y Y Y Y Y Y at 1920 Centerville Turnpike (DISTRICT I DAYS TO 9/9/08 - CENTERVILLE) e MARYANNE GRADO (tla Cosmo's APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Comer) re commercial kennel at 505 CONDITIONED, Central Dnve, (DISTRICT 6 - BEACH) BY CONSENT WITH NO TRAINING ALLOWED f SANDRA K. SAWYER (tla Sandy's APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Angels Daycare) re m-home daycare at CONDITIONED, 5621 Parkland Court (DISTRICT I - BY CONSENT CENTER VILLE) g CHECKERED FLAG MOTOR CAR APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CO., INe. re motor vehicle sales/service at CONDITIONED, 5070 Virgmla Beach Boulevard. BY CONSENT (DISTRICT 4 - BA YSIDE) 4 DAVE WILSON expansIOn of APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Nonconformtnf! Use at 109 53'd Street CONDITIONED, (existing garage apartment) (DISTRICT 5- BY CONSENT L YNNHA VEN) 5 WELDENFIELD OF VIRGINIA, L.L.C. DEFERRED 10-0 Y Y A Y Y Y Y Y y Y Y COZ from I-l/R-SD/O-2 to Conditional NOT TO B R-7.S with a PD-H2 re smgle- EXCEED 6 S family/townhomes at Regent Umverslty MOS/ST AFF TO T Dnve/Jake Sears Road. DISTRICT I - WORK WITH A CENTER VILLE APPLICANT ON I SPECIFIC N OPTIONS E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: 8/12/08 M B L D C E L E D H C R A W PAGE: 5 S 1 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 RESCHEDULED B Y C 0 N S E N S U S I APPOINTMENTS: AGRICULTURAL ADVISORY COMMISSION BEACHES AND W A TERW A YS COMMISSION COMMUNITY MEDICAL ADVISORY COMMISSION DEVELOPMENT AUTHORITY HISTORIC SITES ORGANIZING COMMmEE HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCA nON COMMITTEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMmEE ADD ON Recess to Closed SessIOn @ 8:09 PM re APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y Personnel, Publicly Held Property, Public Contract, Legal Matters ADD ON Rescmd Motion to Closed SessIOn APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y @8:IIPM Open Dialogue 8: 13-8:20 PM ONE SPEAKER RE CROYDON COURT PARKING ADD ON Recess To Closed SessIon @ 8:22 PM APPROVED 10-0 Y A Y Y Y Y Y Y Y Y Y ADD ON Certify Closed SessIOn @ 9:08 PM CERTWIED 11-0 Y Y Y Y Y Y Y Y Y Y I IJ M;N~ ADJOURNMENT 9: 10 PM CITY OF VIRGINIA BEACH SUMMAR Y OF COUNCIL ACTIONS V 0 I DATE: 8112/08 M B L D C E L E D H C R A W PAGE: 6 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 COMMUNITY CONVERSATIONS AUGUST 21, 2008 at 7:00-9:00 PM CONVENTION CENTER ******************* CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER Comprehensive Plan Open Houses September 15,2008 Tallwood Elementary School DistrIct #1 - Centerville 7:00 - 9:00 PM September 18, 2008 Fairfield Elementary School DistrIct #2 - Kempsville 7:00 - 9:00 PM September 22, 2008 Red Mill Elementary School DistrIct #7 - PrIncess Anne 7:00 - 9:00 PM September 29,2008 Creeds Elementary DIstrIct #7 - Princess Anne 7:00 - 9:00 PM October 2, 2008 Landstown High School DIstrIct #7 - Princess Anne 7:00 - 9:00 PM October 6, 2008 Bow Creek Recreation Center DIstrict #3 - Rose Hall 7:00 - 9:00 PM DIstrIct #6 - Beach October 9, 2008 White Oaks Elementary DIstrIct #3 - Rose Hall 7:00 - 9:00 PM School October 13,2008 ConventIon Center DIstrIct #6 - Beach 7:00 - 9:00 PM October 16, 2008 Association for Research & District #5 - Lynnhaven 7:00 - 9:00 PM Enlightenment DIstrIct #6 - Beach CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V 0 I DATE: 8/12/08 M B L D C E L E D H C R A W PAGE: 7 S ] 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 ] V 0 0 H L R Y S N F N A N D October 20, 2008 7:00 - 9:00 PM Princess Anne High School DIstrict #4 Bayside DIstrIct #5 - Lynnhaven October 23, 2008 7:00 - 9:00 PM Bayside Recreation Center DIstrIct #4 Bayside District #5 - Lynnhaven October 27, 2008 7:00 - 9:00 PM Cox High School DistrIct #5 - Lynnhaven