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SEPTEMBER 9, 2008 AGENDA I I CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ifAYOR MEYERA E. OBERNDORF At-Large 'ICE MAYOR LOUIS R. JONES, BaY,<lde - District 4 ,VILLlAM R DeSTEPH, At-Large rlARRY E. DIEZEL, Kempsville - Di.,trlcl 2 .IOBERT M. DYER" Centervtlle - District I ;iARBARA M. HENLEY, Prmcess Anne DIStrict 7 ..lEBA S. McCLANAN, Rose Hall - DIstrict 3 ,'OHN E. UHRIN. Beach Dislr'ct 6 'WN A. VILLANUEVA, At-Large ?OSEMARY WILSON, At-Large "AMES L WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL.Ctycncl@vbgov.com ('17Y MANAGER -JAMES K SPORE ( 'ITY ATTORNEY - LESLIE L. LIllEY ( 'fTY CLERK - RUTH HODGES FRASER, MMC 9 SEPTEMBER 2008 I CITY COUNCIL BRIEFING - Conference Room - 2:00 PM A. "FOR KEEPS" INITIATIVE Anne Holton, First Lady ofVirgima Ray Ratke, Deputy CommIssion of the Department of Mental Health! Mental Retardation/Substance Abuse ServIces, Special Advisor for Children's ServIces, Office of the Secretary of Health and Human Resources Dr. Terry Jenkins, PresIdent, "Together We Can" FoundatIOn II. CITY COUNCIL COMMENTS Ill. REVIEW OF AGENDA I IV INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Penny Cory Pastor, Salem Umted Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA o ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F MINUTES 1. INFORMAL and FORMAL SESSIONS September 2, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC COMMENT 1 Housing and NeIghborhood Preservation Report 1. CONSENT AGENDA J ORDINANCES Ordinance to AMEND City Code: a. AMEND ~37-7 re water tap and meter installatIOn fees b. REPEAL ~2-191 re check replacement procedures K. PLANNING Variance to ~~4 1.B4 and 5B.8 of the Site Plan Ordinance, Floodplam RegulatIOns, to allow a room additIOn and deck for PATRICK and CATHERINE BOWLER at 2228 Elder Road. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 1'1 , 2. Applications for Conditional Use PermIts: a. CENTERVILLE BINGO, INC., re a bingo hall at 1920 Centerville Turnpike. DISTRICT 1 - cENTERVILLE RECOMMENDATION DEFER TO OCTOBER 14,2008 b. RICHARD Y ANEK re a recreational facility of an outdoor nature (skateboard ramp) at 538 South Atlantic Avenue. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL c. VIRGINIA BEACH INK re a tattoo studio at 612 Nevan Road. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 3 ApplicatIons of NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T) at 631 North Witchduck Road: DISTRICT 4 - BA YSIDE a. Conditional Use Permit re a commumcatIOn tower b. Modification of Condition No.1 of a ConditIOnal Use Permit (approved by the City Council on September 26, 1995) for cemetery, mausoleums, columbanum, chapel, admmistrative offices, eqUIpment maintenance and storage RECOMMENDATION APPROVAL 4. Application of JIM LOOMIS c/o HP VENTURES, L.L.C. for a Modification ofConditioI1, No. 12 of a Conditional Use Permit (approved by City Council on January 13, 2004) rt:: additional recreational uses in an area previously designated for parking at 700 South Budneck Road. DISTRICT 6 - BEACH RECOMMENDA nON APPROV AL . 5. Application ofR. J. MCGINNIS for a Modification of Proffers Nos. 1 and 2 for a Change of Zoning (approved by City Council on December 2,2003) re an office and retail building at 3176 Holland Road. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 6. Ordinance to AMEND and REORDAINthe City Zonmg Ordinance (CZO) SIll, 901,1001, 1511 and 1521; and, ADD 9223 1 defimng automobile museums, establishmg a conditIOnal use in the B-IA, B-2, B-3, B-4, B-4C and B-4K Busmess DIstncts, the I-I Industnal DIstrict and the RT-2 and RT-3 Resort Tourist Distncts. RECOMMENDATION APPROV AL L. APPOINTMENTS HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE WORKFORCE HOUSING ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS o ADJOURNMENT Ci/v Council Sessions for November and December 2008 November 4 November 11 November 18 November 25 Election Day - No Sessions Veteran's Day - No Sessions Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning December 2 December 9 Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning 30th Anniversary of the Office of Volunteer Resources September 24, 2008 4:00 - 6:00 PM V olunteer Recognition Garden ,,' II 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 - Lynnhaven October 27,2008 Cox High School DIstrIct #5 - Lynnhaven 7:00 - 9:00 PM ********* If you are physically disabled or visually impaired and need assIstance at thIS meetmg, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 09/03/08 mb "ww. vbe.ov.com ,,' II CITY COUNCIL BRIEFING - Conference Room - 2:00 PM A. "FOR KEEPS" INITIATIVE Anne Holton, First Lady ofVirgmIa Ray Ratke, Deputy CommIssion of the Department of Mental Health! Mental RetardatIOn/Substance Abuse Services, SpecIal AdVIsor for Children's ServIces, Office of the Secretary of Health and Human Resources Dr. Terry Jenkms, PresIdent, "Together We Can" FoundatIon II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA , II I f" INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 'II II V FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Penny Cory Pastor, Salem United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F MINUTES 1. INFORMAL and FORMAL SESSIONS September 2, 2008 G. AGENDA FOR FORMAL SESSION .tsuluttnu 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 ofVirgIma requires a certIficatIOn by the governmg body that such Closed SeSSIon was conducted in conformIty with VirgIma Law. NOW, THEREFORE, BE IT RESOLVED: That the VirgIma Beach City Council hereby certIfies that, to the best of each member's knowledge, (a) only public busmess matters lawfully exempted from Open Meeting requIrements by Virginia Law were discussed m Closed SessIOn to WhICh thIS certIficatIon resolutIon applies; and, (b) only such public busmess matters as were IdentIfied m the motIon convemng this Closed SeSSIOn were heard, discussed or consIdered by VirgIma Beach City Council. H. PUBLIC COMMENT 1. Housmg and Neighborhood Preservation Report , II I. CONSENT AGENDA J. ORDINANCES Ordinance to AMEND City Code: a. AMEND ~37-7 re water tap and meter installatIon fees b. REPEAL ~2-191 re check replacement procedures I II ITEM: Ordinance to Amend City Code Section 37-7 MEETING DATE: September 9,2008 . Background: In March 2006, City Code Section 37-7 was amended, and a new Section 37-701 was added (both of which pertain to fees for water tap and meter Installations). Section 37-7 contains an Incorrect reference to City Code Section, 937- 7 1, which should have been changed to 937-7 01 As a result, the Incorrect reference needs to be corrected. . Considerations: The proposed amendment IS technical In nature and has no effect other than to correct the erroneous reference to City Code Section 37-7 1 It does not change the fees that have been charged since the March 2006 ordinance was adopted. . Public Information: The amendment will be advertised as an ordinary agenda item, and needs no special form of advertising. . Recommendations: Adoption of ordinance. . Attachments: Recommended Action: Adoption of ordinance Submitting DepartmenUAgency: Public Utilities Department i fY/ ~ City Manager:~l> k. .~llI"L 1 AN ORDINANCE TO AMEND SECTION 37-7 2 OF THE CITY CODE PERTAINING TO 3 WATER TAP AND METER INSTALLATION 4 FEES (TECHNICAL AMENDMENT) 5 6 SECTION AMENDED' City Code ~ 37-7 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA. 10 11 That Section 37-7 of the City Code IS hereby amended and reordalned to read as 12 follows: 13 14 Sec. 37-7. Water tap and meter installation fees. 15 16 The following fees shall be paid for connections to a city water line and for the 17 Installation of water meters: 18 19 (a) Except as provided In City Code Section 37 7 1 37-7.01, actual cost to the 20 City of Installation. 21 22 (b) "Actual cost" shall mean the average Installation cost determined by the 23 Department of Public Utilities annually based upon contract unit bid prices and contract 24 administration cost. 25 26 COMMENT 27 28 The amendment is technical in nature and is not substantive. It corrects an 29 erroneous reference to City Code Section 37-7.1; the correct reference is to City Code 30 Section 37-7.01. 31 Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of , 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~ =:?i~1~~ A arney's Offire CA10847 R-1 August 26, 2008 "I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Repeal City Code ~ 2-191 Pertaining to the Procedures for Replacement Checks. MEETING DATE: September 9, 2008 . Background: Technology and banking controls have changed significantly Positive Pay, a method by which the banks can match the amount to the check number to the owner for verification of authenticity was Instituted In the 1990s. In the last few years, the volume of electrOnic Automated Cleannghouse Payments has Increased dramatically, reducing check volumes. Stop and VOid payment processes have been streamlined by the banks. Most mUnicipalities In our area Including Chesapeake, Norfolk and Hampton have a procedure to address check replacement to allow flexibility The eXisting code language IS outdated In that it requires a thirty (30) day waiting penod for all replacement cheGks. ThiS may be a hardship on some of the City's small business vendors and individual providers, espeCially those who can present a destroyed check for replacement. ThiS also poses a hardship on employees who may need the replacement check to cover mortgage payments or other obligations. The current code IS not practical for our vendor's service needs given today's automated controls and electrOnic systems. Therefore, we request that thiS section be deleted and that the Finance Department simply follow its Internal policy and procedure for the reissue of checks, a copy of which IS attached hereto. . Considerations: Finance will follow its Internal procedure to respond to requests for replacement checks. Vendors and employees requesting a replacement check and who do not return a destroyed check are reqUired to execute a Replacement Check Request Form that was developed by the City Attorney's Office. For checks that are lost or stolen, Finance will require a fifteen (15) day waiting penod for vendors. The waiting penod will prevent vendors from asking for replacement checks dunng the standard mail delivery penod. The waiting penod may be waived for active employees. . Recommendation: Approval of ordinance. . Attachments: Ordinance, Reissue Checks Procedure Recommended Action: Approval Submitting Department/Agency: Finance~ City Manager: ~..It. , ~ ~ 1 AN ORDINANCE TO REPEAL CITY CODE 2 ~2-191 PERTAINING TO THE PROCEDURES 3 FOR REPLACEMENT CHECKS 4 5 SECTION REPEALED: ~ 2-191 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA. 9 10 That Section 2-191 of the City Code be, and hereby IS, repealed: 11 S8C. 2 191. IS8Y3Re8 ef ctyplie3te eheeks. 12 13 Upcm satisfastory proof beln~ presented to the director of finance or to the 14 tr.easurer of the sity that any shesk dmwn on the funas of the sity by the sireotor of 15 fiRance ana the treasuror, or by a predecessor, has boon lost or destroyed before 16 ha~:lng been pau:t, the director of finance and tr.easurer wl:lo Issues the on~lnal sheok 17 may Issue a duplioate tl:ler.efor The director of fiRanoe and the treasurer Rlay rel:1U1re a 18 bond to be exoouted, with suoh security as IS approved l3y thorn, payal3le to tRe sity, In 19 the penalty of tRe amount of the check and conditioned to save harmless the oity fr-om 20 any loss occasioned by the Issuln~ of the duplicate check. No duplicate oheck shall be 21 Issued 'IIithlR thirty (30) days of the ISSUing of the onglnal check and every duplicate 22 oheck sRall show upon its face that it IS a duplicate. 23 24 25 Adopted by the City Council of the City of Virginia Beach, Virginia, on thls_ day of , 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY C5ntetP< {)QM~ Finance ;e~~ City Attorney's Office - CA 10676 R-2 April 11, 2008 I I Finance Accounts Payable Office Reissue Checks Procedure February 21, 2008 Checks are reissued for a number of different reasons. Each of these has its own process flow Stop Payments - Because there IS a banking fee associated with a stop payment, this should not be used unless an Immediate payment stop IS required. This should only be used when there IS an Immediate need to make sure that the check IS not cashed. Accounts Payable (AP) will request the Treasurer to Issue a stop payment. The Treasurer will provide AP with notification that the stop payment was successful or rejected (as the check has already been cashed.) Accounts Payable will enter the Stop Payment Into the ViBES system for successful stop payments. VOId Payments - This option should be used for any checks that are In-house and have not been released to the vendor, or if the vendor returns a destroyed check. Accounts Payable will enter the vOId Into the ViBES system on day 1 The vOId will be sent to the bank as part of the positive pay process. If the vOid IS not allowed (because the check has already been cashed) the Treasurer will provide notice to AP on day 2. Incorrect Vendor - Check not mailed to vendor- If a check has an Incorrect vendor name or address, then the check IS vOided In ViBES and then rekeyed and Issued In ViBES. Incorrect Vendor - Check mailed to vendor. If a check has been mailed to the wrong vendor, the AP office will Immediately Issue a stop payment on the check. Incorrect Amount - Check not issued to vendor If a check has an Incorrect amount that IS greater than the amount owed to the vendor, the check IS vOided In VIBES and reissued In ViBES after a change In the InVOIce amount. Incorrect Amount - Check mailed to vendor If the check has already been Issued to the vendor, then a credit memo must be completed to offset the next payment. If the vendor will not have any Immediate next payments, then there should be a stop payment Issued on the check, and the InVOice should be reissued In ViBES with the correct amount after the stop payment IS confirmed by' the Treasurer Vendor Claim for Loss, Theft or Destruction of City Check - If a vendor claims that a check has been lost, stolen or destroyed and requests a replacement check, these are the procedures to follow 1) Ensure that the check was Issued 15 or more days ago. If the check has not been outstanding for that period of time, then the vendor will need to present the destroyed check to submit a claim for replacement. 2) If the check was Issued 15 or more days ago, the vendor may submit a claim for replacement. The vendor must complete the affidavit complete with notary stamp and signatures. 3) AP may Issue the vOId or stop payment (depending on the circumstances) prior to the vendor submitting the affidavit. However, AP may not Issue the vendor the replacement check until after the affidavit IS complete and the Treasurer has confirmed the vOid or stop payment. In cases where the vendor has on-going business activity with the City, and the vendor meets the criteria to be considered for the ACH program, Accounts Payable may suggest to the vendor that the ACH option will help eliminate delays for mailed checks and replacements. , II K. PLANNING 1. Variance to ~~4.1.B4 and 5B.8 of the Site Plan Ordinance, Floodplam Regulations, to allow a room additIon and deck for PATRICK and CATHERINE BOWLER at 2228 Elder Road. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 2. Applications for Conditional Use Permits: a. CENTERVILLE BINGO, INC., re a bingo hall at 1920 Centerville Turnpike. DISTRICT 1 - CENTERVILLE RECOMMENDATION DEFER TO OCTOBER 14,2008 b. RICHARD Y ANEK re a recreational facility of an outdoor nature (skateboard ramp) at 538 South Atlantic Avenue. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL c. VIRGINIA BEACH INK re a tattoo studio at 612 Nevan Road. DISTRICT 5 - L YNNHA VEN RECOMMENDA nON APPROVAL 3 ApplicatIOns of NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T) at 631 North Witchduck Road: DISTRICT 4 - BA YSIDE a. Conditional Use Permit re a communication tower b. Modification of Condition No.1 of a Conditional Use Permit (approved by the City Council on September 26, 1995) for cemetery, mausoleums, columbarium, chapel, admimstratIve offices, equipment mamtenance and storage RECOMMENDATION APPROVAL 4. ApplicatIOn of JIM LOOMIS c/o HP VENTURES, L.L.c. for a Modification of ConditIOn No. 12 of a Conditional Use PermIt (approved by City Council on January 13, 2004) re additional recreational uses in an area previously desIgnated for parking at 700 South BIrdneck Road. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 5. ApplicatIOn ofR. J. MCGINNIS for a Modification of Proffers Nos. 1 and 2 for a Change of Zomng (approved by City Council on December 2, 2003) re an office and retail building at 3176 Holland Road. DISTRICT 6 - BEACH RECOMMENDA TION APPROV AL 6. Ordinance to AMEND and REORDAINthe City Zoning Ordinance (CZO) ~111, 901,1001, 1511 and 1521, and, ADD ~223 1 defimng automobile museums, establishing a conditIOnal use m the B-IA, B-2, B-3, B-4, B-4C and B-4K Busmess DIstncts, the 1-1 Industnal DIstnct and the RT-2 and RT-3 Resort Tourist Distncts. RECOMMENDATION APPROV AL II I NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet In the Chamber at City Hall, Municipal Center, 2401 Courthouse Dnve, Tuesday, September 9, 2008, at 6:00 p.m. The following applications will be heard: DISTRICT 1 - CENTERVILLE CENTERVILLE BINGO. INC. Application: Conditional Use Permit for an assembly use (bmgo hall) at 1920 Centerville Turnpike, Unit 114A (GPIN 1455914345). AICUZ IS Less than 65. DISTRICT 5 . L YNNHAVEN PATRICK AND CATHERINE BOWLER for a Vanance to Section 5B of the Site Plan Ordinance. Floodplam Regulations at 2228 Elder Road (GPIN 1499195284). AICUZ IS Less than 65. VIRGINIA BEACH INK Application: Conditional Use Permit for a tattoo studio at 612 Nevan Road (GPIN 2407885484). AICUZ IS Greater than 75. DISTRICT 6 - BEACH JIM LOOMIS CIO HP VENTURES. L.L.C. Application: Modification of Conditions for a Use Permit approved by City Council on January 13. 2004 at 700 South Birdneck Road (GPIN 2416662328). AICUZ IS Greater than 75. R. J. MCGINNIS Application: Modification of Proffers for a Change of ZOning request approved by City Council on December 2. 2003 at 3176 Holland Road (GPIN 1495165760). AICUZ IS 70-75. RICHARD YANEK Application: Conditional Use Permit for a recreational facility of an outdoor nature (skateboard ramp) at 538 South Atlantic Avenue (GPIN 2427306345). AICUZ IS 65 - 70. CITY OF VIRGINIA BEACH Ordinance to Amend and Reordaln the City Zoning Ordinance by Amending Section 111. 901. 1001. 1511. and 1521 and Add a New Section 223.1. definmg Automobile Museums, establishing Automobile Museums as a Conditional Use In the B-1A. B-2, B-3. B-4. B-4C and B-4K Business Distncts, the l-llndustnal Distncts and the RT-2 and RT-3 Resort Tounst Distncts and Setting forth Requirements Pertalnmg to the Use. DISTRICT 4 - BA YSIDE NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) Application: Modification of the Conditional Use Permit approved by the City Council Ofl September 26. 1995 for cemetery. mausoleums, cOlumbanum, chapel, administrative offices, equipment maintenance and storage at 631 North Witchduck Road (GPIN 1478100596). AICUZ IS Less than 65. r>.JEW CINGULAR WIRELESS PCS. LLC (T/ A AT&T) Conditional Use Permit for a communication tower at 631 North Witchduck Road (GPIN 1478100596). AICUZ IS Less than 65. All Interested citizens are Invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutIOns and amendments are on file and may be examined In the Department of Planning or online at httD:/ /www.vbl!oy.com/DC For mformation call 385.4621. III , PATRICK AND CATHERINE BOWLER Mat> H-3 M N t c, 1 Patrick & Catherine Bowler l\f O~2i\~ r J\~\\[Dt" ~ ~~ry-- ~f\l~~ -~~~\~~C6_---~~~ ;g~ D\j~ ~ \~~~~~~~rj [~~~40~\ ~~ ~ ~~ l(3 ~\~ ~ E 1J7,a <1 I' C5 a ~ ~~~~~A~ 0 ~r\~' ce 8 ~ I~ \~ I L.- '-" L.-..) · 9 ~ ~r\! \ ~ ~ ~~f'~[}~o~,g 9Q[J i\ \\A\\! J~ ~ I ,~\ ~ q ~ ~~ 161 ! ~591[\'. I ~ 7 11 IS!9 ~\~\~ r1\' ,~~~)~ 'B l\\~2 Ir l~n~J ~~[)6PG:J 'ti eftS. U~ C':> J;J ~ GI "eJ ~ IIPlr ~ ~ .'!'l.. --=- w/\ f\lffl}\ ,1U-. .- cfjj ()~ ig ~ '~ LJ =-- o~ o{] T 4 I }:J.J Y- ~ .q!j3 ~ L...t12[] ..... ~.rl ~ CJ l- J a ~ ~ D O~ ~ ~ E5 di OE] Ot3'~~b~19 B OT ~ ~.~ ~ 't'} ~ ~ il~ 5l /" ~ ~ [J g7 ~ I~ O~ j r/[ F100dplam Variance Relevant Information: · Lynnhaven District · Applicant requests a Floodplain Variance to allow for an approximately 100 square foot addition and a deck to an existing single-family dwelling. · Rather than raising the addition to a Finished Floor Elevation of 9 feet as required (1 foot above Base Flood Elevation of 8 feet), the applicant desires to keep the addition at the same floor elevation as the existing house (8.1 feet). · Proposed construction within the floodplain will not impact other property owners' insurance rates. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0). · Consent Agenda. · No opposition. ,r;.~~"L'. ~).;b ..0 . :t;t f5 . C\. ~~ ~'. - .) \~~# ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PATRICK AND CATHERINE BOWLER, Floodplain Variance, 2228 Elder Road, L YNNHAVEN DISTRICT. MEETING DATE: September 9,2008 . Background: The applicant requests a Floodplain Variance to allow for an approximately 100 square foot addition and a deck to an eXisting single-family dwelling. The dwelling located on the site IS a 1,467 square foot, single-family house. The applicant desires to add a 10 foot by 10 foot (10' X 10') addition to be used for an expanded kitchen and dining area. The finished floor elevation of the eXisting home IS at elevation 8.10 feet and much of the property IS within the 100 year floodplain. . Considerations: The City of Virginia Beach IS an active participant In the National Flood Insurance Program (NFIP); Virginia Beach residents hold 80 percent of all policies In Virginia. Insurance rates are based on what each locality does to positively address enforcement. One common method of enforcement IS to require the finish floor elevation of structures to be constructed at an elevation higher than the base flood elevation. The base flood elevation for thIs site IS eight (8) feet. The addition IS proposed at 8.10 feet In order to match up with the eXisting dwelling. Section 4 1.B4 of the City's Site Plan Ordinance requires that the finished floor elevation be at least one (1) foot above the base flood elevation; thus, the required finish floor elevation IS 9.00 feet at this location. This additional foot was added to the ordinance to provide residents further protection against flood events and enables resIdents to obtain a reduced flood Insurance rate. Section 5B.8 of the Floodplain regulations reqUires any variance to the reqUirement be reviewed and approved by City Council. Section 5B.8 of the Site Plan Ordinance requires that no variance be granted unless floodplain storage capacity IS mitigated at a one-to-one ratio of the area fill to ensure no net loss of storage and that all mitigation be located contiguous to the eXisting floodplain. The proposed fill necessary to construct the addition within the floodplain IS minimal and much of the site IS wooded. As such. a condition IS recommended that In lieu of disturbing the eXisting vegetation In the rear of the property, this area remain In a "natural state." Patrick and Catherine Bowler Page 2 of 2 The Planning Commission placed this item on the consent agenda because the Impact to the floodplain IS mlmmal, the proposed construction within the floodplain will not Impact other property owners' Insurance rates, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1 The proposed addition shall be constructed as depicted on the submitted site plan and shall be constructed at the elevation of the eXisting dwelling of 8.10 feet or higher 2. The mitigation at a one-to-one square foot basIs requirement shall be waived provided that the eXisting wooded area at the rear of the property remain as a treed area. Said wooded area shall be delineated on the final site plan and shall be labeled as "Area to remain In a natural state, vOId of any turf grass, and mulched to mimiC natural conditions." 3. A site plan depicting the conditions above shall be submitted to the Current Planning DivISion of the Planmng Department for review and approval pnor to the Issuance of a building permit. . Attachments: Staff Review Disclosure Statement Planmng Commission Minutes Location Map Recommended Action: Staff recommends approval. Planmng CommiSSion recommends approval. Submitting Department/Agency: Planning Departm~ CItyManager:~~. ~~ REQUEST: PATRICK & CATHERINE BOWLER Agenda Item 5 August 13, 2008 Public Heanng Staff Planner' Carolyn AK Smith Floodplain Vanance for an addition to an eXisting dwelling located In the floodplain deSignated as "AE" on Panel 5 of the National Flood Insurance Program's Flood Insurance Rate Map (FIRM). ADDRESS I DESCRIPTION: 2220 Elder Road GPIN: 14991960160000 COUNCIL ELECTION DISTRICT: 5-LYNNHAVEN SITE SIZE: 10,602 square feet The applicant requests a Floodplain Vanance to allow for an approximately 100 square foot addition and a deck to an eXisting single-family dwelling. SUMMARY OF REQUEST There IS an eXisting 1,467 square foot, single-family dwelling on the property at 2220 Elder Road, located In the Lynnhaven Colony neighborhood. The applicant deSires to add a 10 foot by 10 foot (10' X 10') addition to be used for an expanded kitchen and dining area. An outdoor deck (approximately 400 square feet) IS also proposed; however, the deSign of the deck will permit water to flow under the structure. The finished floor elevation of the eXisting home IS at elevation 8.10 feet and much of the property IS within the 100 year floodplain. The eXisting garage IS at a lower elevation of 5.60 feet. The City of Virginia Beach IS an active participant In the National Flood Insurance Program (NFIP); Virginia Beach reSidents hold 80 percent of all policIes In Virginia. Insurance rates are based on what each locality does to positively address enforcement. One common measure IS to require the finish floor elevation of structures to be constructed at an elevation higher than the base flood elevation. The base flood elevation for thiS site, based on the FEMA maps, IS eight (8) feet. The addition IS proposed at 8.10 feet In order to match up with the eXisting dwelling. Section 4.1.B4 of the City's Site Plan Ordinance requires that the finished floor elevation be at least one (1) foot above the base flood elevation, or 9.00 feet at thiS location. ThiS additional foot was added to the ordinance to provide reSidents further protection against flood events and enables reSidents to obtain a reduced flood Insurance rate. Section 5B.8 of the Floodplain regulations requires any vanance to the requirement be reviewed and approved by City Council. PATRICK AND CATHERINE BOWLER Agenda Item 5 Page 1 LAND USE AND ZONING INFORMATION EXISTING lAND USE: Single-family dwelling SURROUNDING lAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: . Single-family dwelling / R-10 Residential Distnct . Single-family dwelling / R-10 Residential Distnct . Single-family dwelling / R-10 Residential Distnct . Elder Road, single-family dwelling / R-10 Residential Distnct The property IS located In the Chesapeake Bay watershed; however, it IS located In the Resource Management Area, the less stnngently regulated portion of the Chesapeake Bay Preservation Area. And, as such, review by the City's Chesapeake Bay Preservation Area Board IS not reqUIred. Approximately 50 percent of the site IS located In the floodplain, Identified as Zone AE on Panel 5 of the FEMA maps. There are no tidal waters or wetlands In the vIcinity of the site; it IS simply low, as IS much of the property In the Lynnhaven Colony neighborhood. There are no known significant cultural features on the site. The site IS In an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Recommendation: Staff recommends approval of thiS request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan Map designates thiS site as being within the Primary Residential Area. The City's Comprehensive Plan states that the objective of the Primary Residential Area IS to protect the predominantly suburban character that IS defined, In large measure, by the stable neighborhoods that make up the Primary Residential Area. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods. Evaluation: The City of Virginia Beach IS an active partiCipant In the National Flood Insurance Program (NFIP), with the residents of Virginia Beach holding 80 percent of all policies In Virginia. Insurance rates are based on what each locality does to positively address enforcement. One common measure IS to require the finish floor elevation of structures be constructed at an elevation higher than the Base Flood Elevation (BFE). The BFE for thiS site IS 8.0 feet; the eXisting house and proposed addition are shown at 8.10 feet. Section 4.1.B4 of the City's Site Plan Ordinance reqUIres that the finished floor elevation be at least one (1) foot above the BFE. Thus, for thiS site, the finished floor elevation requirement IS 9.00 feet. ThiS additional foot PATRICK AND CATHERINE BOWLER Agenda Item 5 Page 2 was added to the ordinance to provide residents further protection against flood events and enables residents to obtain a reduced flood Insurance rate. Section 5B.8 of the Floodplain regulations requires any vanance to the finish floor reqUirement be reviewed and approved by City Council. Section 5B.8 of the Site Plan Ordinance reqUires that no vanance be granted unless floodplain storage capacity IS mitigated at a one-to-one ratio of the area fill to ensure no net loss of storage and that all mitigation be located contiguous to the eXisting floodplain. The proposed fill necessary to construct the addition within the floodplain IS minimal and much of the site IS wooded. As such, a condition IS recommended that In lieu of disturbing the eXisting vegetation In the rear of the property, thiS area remain In a "natural state." Properties constructed at one (1) foot above the Base Flood Elevation (BFE) receive a lesser Insurance rate than those built at the BFE. The property IS currently Insured at the higher rate, as the eXIsting dwelling IS not above the BFE. Due to the relatively small size of the proposed building addition, the resulting Increase of Insurance fees for the additional square footage IS not significant enough to pro-rate the property at two (2) different rates. ThIS means, even if the addition were to be built at the required one (1) foot above the BFE, the entire structure, Including the addition, would be Insured at the hIgher Insurance rate required for buildings constructed at the BFE level. As there IS no significant Impact on the Insurance rate and the Impact to the floodplain IS minimal, staff concludes that thiS property IS a good candidate for a vanance. The penalties In Insurance rates apply not only to construction below the BFE but construction at the BFE without a vanance. In sum, since the proposed construction within the floodplain will not Impact other property owners' Insurance rates and IS In keeping with the character of the surrounding properties and the neighborhood, Staff recommends approval of thIS request as conditioned below. CONDITIONS 1 The proposed addition shall be constructed as depicted on the submitted site plan and shall be constructed at the elevation of the eXisting dwelling of 8.10 feet or higher 2. The mitigation at a one-to-one square foot basIs reqUirement shall be waived provIded that the eXIsting wooded area at the rear of the property remain as a treed area. Said wooded area shall be delineated on the final site plan and shall be labeled as "Area to remain In a natural state, VOid of any turf grass, and mulched to mimic natural conditions." 3. A site plan depicting the conditions above shall be submitted to the Current Planning DiVISion of the Planning Department for review and approval pnor to the Issuance of a building permit. 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. PATRICK AND CATHERINE BOWLER Agenda Item 5 Page 3 '1; ~ . t~ ~:' if,. .,"!., ~""'" \..... - "."" .,,1 ,,~~ > ~,., . ~ ~ "~ .'\ \. AERIAL Of SITE LOCATION PATRICK ANO CATI-IERINE BOWLER Agenda \tem 5 page 4 I I IHIS _~, IS _ 11II A ......, _ IN IIC' CUM'S oma OF IIC' CIlCU' COCI/I' OF IIC' e" OF -.. <<ACH, _A IN IIIIP /JOOfC .., A' PAGe III /HIS IS 10 oca._ ...., 411II SEP_ I~ _ _>0> IIC' __" _ ICIIE'ON. NtD IHAI IK nIlE IJIlII!'S NtD PHYSICAl _IS _ AS _ _. 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IN O.J'- IIOODEH IICT_ IMLL .. .. ., :! OIl_AGe SJR\JC7IJRC aDER ROAD (SO' RICH r Of' WA Y) ~ h~""'" Vi" ~ EXISITING SITE LAYOUT PATRICK AND CATHERINE BOWLER Agenda Item 5 Page 5 1-- r I I I I I I I I I I I l I I I I \ , \ , I I I \ I ! \ \ I \ , I , I L; -, -' ~w;. e ~ I, I' I , , , , ; , f8----_F)I i1i- ., ___~-I!allf~ . .y ON Melt! a:JIot:, . ~ - I ::6~~ n, - _Ii(' ',^ ';~~~:;,,:_~u n. -- -- . I lrl Uf~-~,. iii 'JL<ld ,.. ^ } t~,__"",___J I' 1..-.1 ~__J64^_'J , . )'-'--r (C__~ ___Uu_ ~ III :.:::.. I un =-.-,. i_ II -- PPI!!lo.. ~.~ "" " : - I ~l99~ /L^N -- DEMOLITION LOT 176 2220 ELDER ROAD t V6. ':~ ELDER ROAD ~ -1 I , I I I I I , I I CI - -.. : III " ; ! I ~ ~ ~ ft ~ I~ I 11 M i I ~ . I D _l_ALI. --...... --.-- -- Fl EXISTING FLOOR PLAN PATRICK AND CATHERINE BOWLER Agenda Item 5 Page 6 r I I I i ! I I I I I I , \ ( I \ I \ 1 \ I \ I \ I I I i I : t I ~i_.!.-l-_u,",'-'u --- -- -.- - ! 1- - - - - - - - - - I " --' HAG: 6.~ t, ) \ , \ , \ I , / , ~ ~ L( U i;,,~;. "" .. ........ oN .- <XlHC .....-- ... 0' ___ Ult, ~ oN -. CIlNC ....._In< rFl 8.1 ,.." .....,. ""', ~.. ~~99~_.tLAN - NEW WORK LOT 176 2220 ELDER ROAD ELDER ROAD , --l~u 1- 11 JJ ---I I I I I I I I I I I I I I I I , I \ I 1\ r I I I , 1 I I I I I I \ \ I _ \ __J I I I [] . . . . :Ill . . i . . I ~ ! ~ ~ s ~ I II · i 1 I C -,_.. --..... . ..... .,., .....-- E PROPOSED FLOOR PLAN PATRICK AND CATHERINE BOWLER Agenda Item 5 Page 7 OD 0 to _CO e m: - --'-' ~'ti\ J\~\ \ [!J \ ~ ~ ~-- i)''\fi-t ~ ~ ~ -'" D=v J III ~."'" o r ~ .. fJ( ~ jl ~1""E 127~1 ~.~ro ~ ~\J~~ ~y I'" ~\~\~~-~ '~f~ng }~ s ) ~ ~ \~ . 1~1KL ~ ~ ~ rJij:J " psiJ l(J4[ I '\ .IB" ~ -~~(3 16 ~ \\~ a iZ 137,0 ~\~ C5 {~-: C0 ~ ~ ~~ ~ I\@O =- e.: c:J (; t:!J. 9)~\ 0 ~r\j; ~ 'i:) ~ ~~\~DU~OOQ eQO .r t 10 T~. ~A :)-1n ~ ~ \! ~ I . B ~~ I 161 159 ~~.~1'il7 ID /s!J3 ~' ~\~ .~' ~~'I~~M I@ i\\~2 Ir "'" i' ~~~~~ ~ [!tSfU~ L:';J,g ~ q:p "CJ ~ :If ~ IC' -=-a.J.l (lW t;l L_ l5 W" NfflJ\ [I ~ LJ ~ ~ .~ o~ 0/[1 j4 ~I y~ o( .Q:J 0 @o Y2[) ~^ .. '11 _~ \t 0 ~ ~ Of!t,~~ ~~ B a - ~ Q Oft' ~ di OE] rl\b) 019 1 ~ ~. ~ b or? ~ ~ ~.cC :2 ~,..~ ~ [j @ I~ ~ D~ I Il_~ Map B-3 1>1 N t <; 1 No recent zoning activity in this area Patrick &. Catherine Bowler Floodplam Variance ZONING HISTORY PATRICK AND CATHERINE BOWLER Agenda Item 5 Page 8 I I I DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the apphcant 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) filA 2 List all businesses that have a parent-subsidiary 1 or affiliated business entlty2 relationship with the applicant (Attach list If necessary) filA ~~eck here If th-e-~PPllca~~-;~~ a cor~oration, 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) N/A 2 List all businesses that have a parent-subsidiary 1 or affiliated business entltyZ relationship With the applicant (Attach list If necessary) N/A --'~heck here I~he ~ro;~rty own~~~s-~o~-a corporatlon--~artnershIP~~m, --- business. or other unincorporated organization r- 't----..--.--...- ---.--- & 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? PATRICK AND CATHERINE BOWLER Agenda Item 5 Page 9 II 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) 5Pr/vArf4rL ~.~()/~ ~/l.rA (AIlci,f~a_ ____ V/~~/A ~~1. ])'I/d/ll>~ alP - (f.tJIlI/'I'tC/PL) NA-T/LW"j C7 /1~urf"'f~ - /'/:V4N~;A/ ~,LI//;'~s i/(JftJ1 ~T~I ~ ~J(,#(;W - Ir-~A/ ...u.-r II/c'-.s S",A/ 'ZJ/~A-/_:: /7.AsA &ttML~__ . "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 relatlonshl p. 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 (i,i) there,s 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 entitles, 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 ~ 22-3101 CERTIFICA TION: I certify lhallhe InformatIon contained heretn IS true and accurate I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responSible for obtaining and posting the required sIgn on the subject property at least 30 days prior to the scheduled public hearing accordmg 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 "Iew the site for purposes of processing and evaluating thiS application kLl ~~ Print Name - .. Property Owner's Signature (If dIfferent than applicant) _llit~JMLi3c.uJler Pnnt Name PATRICK AND CATHERINE BOWLER Agenda Item 5 Page 10 I I Item #5 Patnck and Cathenne Bowler Flood Plam RegulatIOns 2228 Elder Road DIStnct 5 Lynnhaven August 13, 2008 CONSENT JanIce Anderson: The next matter on our agenda IS the consent agenda. The Vice ChaIrman Joseph Strange will be handling that portIon for us. Joseph Strange: Thank you Madam ChaIrman. ThIS afternoon we have mne Items on the consent agenda. The first matter IS consent agenda Item 5 ThIS IS an applicatIon ofPatnck and Cathenne Bowler for a Vanance to SectIOn 5B of the Site Plan Ordinance, Floodplam RegulatIOns on property located at 2228 Elder Road, DIstnct 5, Lynnhaven, wIth three conditIOns. Patnck Bowler: Patnck Bowler. JanIce Anderson: Welcome. Have you read the conditIOns and do you agree wIth them? Patnck Bowler: They are fine. Joseph Strange: Is there any opposItIon to thIS matter bemg placed on the consent agenda? JanIce Anderson: Thank you Mr. Bowler Joseph Strange: Ifnot, the ChaIrman has asked Kathy KatsIas to reVIew thIS Item. Kathy KatsIas: Good afternoon. ThIS IS an applicatIon by Patnck and Cathenne Bowler for a request for a Floodplam Vanance to allow an approxImate 100 square foot additIon and a deck to a smgle-family dwelling. In summary, the proposed constructIon wIthm the floodplam will not Impact other property owners msurance rate and IS m keepmg WIth the character of the surrounding propertIes m the neIghborhood, the staff recommends approval. We concur WIth staff and have placed It on the consent agenda. Joseph Strange: Thank you Kathy Madam ChaIrman, I will make a motIon to approve agenda Item 5. JanIce Anderson: A motIon by Joe Strange. Barry KnIght: I'll second It. JanIce Anderson: A second by Barry KnIght. Item #5 Patnck and Cathenne Bowler Page 2 ANDERSON BERNAS CRABTREE HENLEY HORSLEY KATSIAS KNIGHT LIVAS REDMOND RUSSO STRANGE AYE 10 NAY 0 ABSO ABSENT 1 AYE ABSENT AYE AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved Item 5 for consent. I , " I I CENTERVILLE BINGO ~:~o~~~~~:l Centerville Binpo4 Inc. \~\)~~~\~~~~~~~ _\ I\\.J';: t"\\ ~"o)~ ~'\.'~. ~n >~- A[~4 "\\1,\ ~ ~ '~tI~ ~'" J> ~ '~~JI~~\\~ / )~hl \ ~~(,~'~ ~ ~ l/J ~}Jli, ~~ ~ v- V s": U file" '''''- ... ~,~ ~~, 1Dr < l:~.7~ ~~ ~-f~ .T:" b X0 ~~r.. h~ ~ J" .r ~ ~~,~ r~ \.~ ~ \.,J, ~~ ~ ~..'t.1 ~ ~'~ ~ 4 ~"S, rr '> j., ~ ~'-~.... U'( 0/A ..::t1 D fB'" V ~ all ~~ ,.,~ ~W~ \;;-- ~ ~ ~ jI/?'~ /// ~ '/.. C" " (~ ~ ;;)~ ~~~ ~?/. ~/.I ,,' ". ~ ~ ~ ~ '4 ~m~ (j~ . ~,e>1 ~3J~-~ -2 ~ ~, l11~~ ~\f&~ "-. ~ ~ " :1;. \ , \' ~ ~'-- "'1flj l'\~)J~~ ~~~~ ~~~~ ~\ ~ u-;:t..o . .,,~ ~1 ~<lt--M CUi> - Am~mhly U~e (Bingo Hall) Relevant Information: · Centerville District · Applicant requests a Conditional Use Permit to allow use of a currently vacant 12,000 square foot unit in a 157,159 square foot shopping center for an assembly use (bingo hall). · Applicant proposes to operate the facility on Saturday and Sunday. · The applicant anticipates 200 to 300 players at the facility. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0). · Consent Agenda. · No opposition. " I I r ~~~.~~ ~- - ., \~~ - i1 ~"'~"';J ~J" CITY OF VIRGINIA BEACH AGENDA ITEM "'" \. ~ ITEM: CENTERVILLE BINGO, INC. for a Conditional Use Permit for an assembly use (bingo hall) on property located at 1920 Centerville Turnpike, Unit 114A (GPIN 1455914345). DISTRICT 1 - CENTERVILLE MEETING DATE: September 9, 2008 . Background: The applicant requests a Conditional Use Permit to allow use of a currently vacant 12,000 square foot unit In a 157,159 square foot shopping center for an assembly use (bingo hall). On August 12, the City Council deferred this application for 30 days. . Considerations: A deferral of this application to September 23 is requested to allow time for the matter to be presented at the September 'town meeting' for the CenteNille District and for diSCUSSion between the applicant and CenteNille residents. . Recommendations: Deferral to September 23. . Attachments: Location Map Recommended Action: Deferral to September 23. Submitting Department/Agency: Planning Department^h J City Manager: ~ \L . 03~ I r I I RICHARD YANEK ~ ; ..... 'f-.' o ~ ; Relevant Information: · Beach District · Applicant requests a Conditional Use Permit to allow a skateboard ramp within the rear yard of the parcel. · The ramp will primarily be used by the applicant's nine-year old son, but occasionally, he will have guests who will be skating. · The applicant will require that all skaters wear helmets. The applicant also notes that the use of the ramp will be limited to the hours of 10:00 a.m. to dusk. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0). · Consent Agenda. · No opposition. I, , I ~~~~.~"', '~!i~~ (tot J: 'i) ~~~... ~~ 'i.~~/J ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RICHARD YANEK, Conditional Use Permit (outdoor recreational facility- skateboard ramp), 538 South Atlantic Avenue, BEACH DISTRICT MEETING DATE: September 9,2008 . Background: The applicant requests a Conditional Use Permit to allow an outdoor recreational facility, consisting of a skateboard ramp, within the rear yard of the parcel. The ramp will pnmarily be used by the applicant's nine-year old son, but occasionally, he will have guests who will be skating. The applicant will require that all skaters wear helmets. The applicant also notes that the use of the ramp will be limited to the hours of 10:00 a.m. to dusk. . Considerations: The parcellS In the Croatan Beach residential neighborhood. A three-story single-family dwelling IS situated on the site. The entire rear yard IS enclosed by a fence. There IS a second story deck with an elevated walkway to the beach, pool and skateboard ramp within the rear yard. The skateboard ramp IS currently In-place, measunng twelve (12) feet Wide by twenty (20) feet (12' x 20') long, with a height of four (4) feet at the rollout deck platforms. Both platform ends have railings. The ramp IS approximately SIX (6) feet from the rear fence and five (5) feet from the northern Side fence line. The applicant has met with an adjacent property owner who verbally Indicated he had no Issues. The ramp will be constructed and operated In a manner such that it will not prove to be a destabilizing Influence In the neighborhood. The attached conditions will ensure thiS. Additionally, a condition IS recommended reqUlnng an annual review of the facility to make sure the rules are being adhered to and the facility IS not acting as a destabilizing Influence on the neighborhood. The Planning Commission placed thiS item on the consent agenda because the conditions will ensure the ramp and its use do not become a nUisance to the surrounding area and there was no opposition to the request. RICHARD Y ANEK Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1 The skateboard ramp shall be located and constructed In substantial compliance with the submitted property survey and the submitted drawing entitled, "Ramp Section" 2. Use of the ramp shall be limited to the hours between 10:00 a.m. and dusk. 3. To reduce level of sound emanating from the ramp when In use, the following shall be utilized In the construction of the ramp: (a) the underside of the plywood beneath the skating surface shall be Insulated; (b) the sides and ends of the ramp shall be enclosed with wood; (c) roofing paper shall be Installed between the plywood and the skating surface of the ramp. 4 A chain shall be secured across the ramp when the ramp IS not In use such that the ramp cannot be used. 5. At least one adult shall be outside the house and present when the ramp IS In use. 6. The applicant shall enforce the rules submitted with the application regarding use of the ramp. The Zoning Administrator shall annually evaluate whether the rules have been enforced and the conditions above have been adhered to. If the evaluation reveals that the rules and conditions are being met; the use permit shall be renewed for an additional year, with an annual evaluation thereafter If the evaluation reveals that the rules and conditions are not being met, the ZOning Administrator shall refer the use permit to City Council for revocation. . Attachments: Staff Review Disclosure Statement Planmng Commission Minutes Location Map Recommended Action: Staff recommends approval. Planmng Commission recommends approval. Submitting Department/Agency: Planmng Department CityManager:~ ~L .~~ RICHARD Y ANEK Agenda Item 1 0 August 13, 2008 Public Hearing Staff Planner' Karen Prochilo REQUEST: Conditional Use Permit for an outdoor recreational facility (skateboard ramp). ~ Ol :;l c. C' ADDRESS I DESCRIPTION: Property located 538 South Atlantic Avenue. GPIN: 24273063450000 COUNCIL ELECTION DISTRICT: 6 - BEACH SITE SIZE: 10,750 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow an outdoor recreational facility consisting of a skateboard ramp located within the rear yard of the parcel. The ramp will pnmarily be used by the applicant's nrne-year old son, but occasionally, he will have guests who will be skating. The applicant will require that all skaters wear helmets. The applicant also notes that the use of the ramp will be limited to the hours of 10:00 a.m. to dusk. The parcells In the Croatan Beach residential neighborhood. A three-story smgle-family dwelling IS situated on the site. The entire rear yard IS enclosed by a fence. There IS a second story deck with an elevated walkway to the beach, pool and skateboard ramp within the rear yard. The skateboard ramp IS currently m-place, measunng twelve (12) feet wide by twenty (20) feet (12' x 20') long, with a height of four (4) feet at the rollout deck platforms. Both platform ends have railings. The ramp IS approxImately SIX (6) feet from the rear fence and five (5) feet from the northern side fence line. The applicant has met with an adjacent property owner who verbally Indicated he had no Issues. EXISTING LAND USE: Single-family residential SURROUNDING LAND North: LAND USE AND ZONING INFORMATION . Single-family residential! R-10 Residential Distnct RICHARD Y ANEK Agenda Item 10 Page 1 USE AND ZONING: South: East: West: · Single-family residential / R-10 Residential Distnct . Atlantic Ocean · Across South Atlantic Avenue IS single-family residential / R-10 Residential Distnct NATURAL RESOURCE AND CULTURAL FEATURES: The site IS developed with a single-family dwelling, concrete drive and walk, pool, walkway to the beach and landscaping. AICUZ: The site IS In an AICUZ of 65 to 70 dB ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): There IS no Impact on traffic from this use. WATER and SEWER: There IS no Impact on City water and sewer services from this use. POLICE: There have been no reported nUisance complaints associated with thiS address. The Police Department notes that proposed applications for thiS kind of use In a residential area may generate nOise and lead to complaints that may require police response. FIRE: There are no Fire Department concerns at thiS time. Recommendation: Staff recommends approval of thiS request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The ComprehenSive Plan Map designates thiS area of the city as the Pnmary Residential Area. The City's ComprehenSive Plan states that the objective of the Primary ReSIdential Area IS to protect the predomInantly suburban character, economIc value, and aesthetic quality that IS defined. In large measure, by the stable neighborhoods. Established reSidential neighborhoods are to be protected against invaSive land uses that due to their activity, Intensity, Size, hours of operation or other factors would tend to destabilize them. Uses proposed for Introduction Into such neighborhoods are to be evaluated to ensure that they are not destabiliZIng Influences. Evaluation: Staff recognizes the popularity of the skateboarding sport and the increasing deSire of homeowners to Install ramps In their yards. Like other recreational equipment and facilities In reSidential yards (swimming pools, basketball hoops, etc), skateboard ramps have the potential to become nUisances to surrounding RICHARD Y ANEK Agenda Item 10 Page 2 I I residents, especially In regard to sound that emanates from the facility, such as the continuous bouncing ball, the sound of skateboard wheels rolling across plywood surface of the ramp, or the sound of cheers and screams. Such sound IS normal and IS expected In residential neighborhoods. The problem arises when the sound occurs outside the hours of the day expected for such sounds or the sound level Increases beyond what IS normally expected or the sound Includes language that IS not considered appropriate. When this occurs, the sound becomes "noise" Such nOise, especially if it Includes the gathering of indiViduals on the lot beyond what IS normally expected, can significantly disturb the tranquility and peace within the neighborhood. Further, of all recreational equipment and facilities In residential areas, it IS the skateboard ramp that due to the nature of rolling wheels on the riding surface and the size of the ramp has the potential to create the greatest nUisance. Thus, there IS the requirement for this conditional use permit. To ensure that the recommendation of the Comprehensive Plan to protect neighborhoods from destabilizing Influences IS met, it IS vital that this proposal provides safeguards designed to significantly aVOId the potential for the facility to become a nUisance to the surrounding residents and thus to the neighborhood. To accomplish thiS, the applicant IS utilizing a set of rules and standards by which the skateboard ramp will be renovated and used. Staff concludes that the ramp will be constructed and operated In a manner such that it will not prove to be a destabilizing Influence In the neighborhood. The attached conditions will ensure thiS. Additionally, a condition IS recommended requIring an annual review of the facility to make sure the rules are being adhered to and the facility IS not acting as a destabilizing Influence on the neighborhood. CONDITIONS 1 The skateboard ramp shall be located and constructed In substantial compliance with the submitted property survey and the submitted drawing entitled, "Ramp Section" 2. Use of the ramp shall be limited to the hours between 10:00 a.m. and dusk. 3. To reduce level of sound emanating from the ramp when In use, the follOWing shall be utilized In the construction of the ramp: (a) the underside of the plywood beneath the skating surface shall be Insulated; (b) the Sides and ends of the ramp shall be enclosed with wood; (c) roofing paper shall be Installed between the plywood and the skating surface of the ramp. 4. A chain shall be secured across the ramp when the ramp IS not In use such that the ramp cannot be used. 5. At least one adult shall be outSide the house and present when the ramp IS In use. 6. The applicant shall enforce the rules submitted with the application regarding use of the ramp. The ZOning Administrator shall annually evaluate whether the rules have been enforced and the conditions above have been adhered to. If the evaluation reveals that the rules and conditions are being met; the use permit shall be renewed for an additional year, with an annual evaluation thereafter If the evaluation reveals that the rules and conditions are not being met, the Zoning Administrator shall refer the use permit to City Council for revocation. RICHARD YANEK Agenda Item 10 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. RICHARD Y ANEK Agenda Item 10 Page 4 I I AERIAL OF SITE LOCATION RICHARD Y ANEK Agenda Item 10 Page 5 _1 <;t I ! ~BI\DE . ~ _ - 'LJ SOUND ATIENUATION @ UNDERSIDE OF DECK ROOFING PAPER BETWEEN PLYWOOD AND RAMP SURFACE RAMP SECTION Not to Scale 20' Ai , /) ........J WOOD SHEATHiNG / \LJ (HELPS CONTAiN / / sou N D ) ........--/ / CONCRETE PIER-.-l PROPOSED RAMP SECTION RICHARD Y ANEK Agenda Item 10 Page 6 I I {J .' ',. PHOTOGRAPH OF RAMP RICHARD Y ANEK Agenda Item 10 Page 7 Richard Yanek 95 \ \ \ \ \ \2 &. ?oJ ':J r-" 7)' o n <'V ~ ::. There is no recent zOning activity in thiS area. ZONING HISTORY RICHARD Y ANEK Agenda Itel1'1 10 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant IS a corporation, partnership, firm, bUSiness, or other umncorporated orgamzation, complete the following: 1. List the applicant 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-subsldiary1 or affiliated bUSiness entity2 relationship with the applicant: (Attach list if necessary) ~ 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 umncorporated orgamzation. 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) {(/(hCLrd VaneK 2. List all bUSinesses that have a parent-subs.diary1 or affiliated bUSiness entity2 relationship with the applicant: (Attach list if necessary) ta- 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 l If yes, what IS the name of the official or employee and the nature of their Interest? Conditional Use Permil Application Page 9 of 10 ReVised 7/312007 I I z o I I ~ U I I b.J ~ ~ ~ se ~ t:::> ~ o I I ~ I I ~ o u RICHARD Y ANEK Agenda Item 10 Page 9 z o I I !;3 U I I ....:1 ~ ~ F--t ~ r;: ~ CI':} t:::> ~ o I I F--t I I ~ Z o u II 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 servlces:}Jttach list if nec~sary) an rf' //,} (!l L,.I r + I n I J n G q q ~ X e J Ct (" rr sc e () +- v A 8e {1 (I, , V I~ ;) '3 ~ '5 I 1 "Parent-subsidiary relationship" means "a relationship that eXists when one corporation directly or mdirectly 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 deterrlllmng 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 lhalthe 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 Sl9n on the subject property at least 30 days pnor to the scheduled public hearing 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. I J "c.... ~: Lt) ;~ Applicant'siSi alure R J (/1 '/ OJ) e 1<- Print Name Property Owner's Signature (if different than applicant) Print Name Comlllional Use Permit Application Page 10 of 10 ReVIsed 7/312007 DISCLOSURE STATEMENT RICHARD Y ANEK Agenda Item 10 Page 10 I I Item #10 RIchard Yanek ConditIOnal Use PermIt 538 AtlantIc Avenue DIStrIct 6 Beach August 13, 2008 CONSENT Joseph Strange: The next matter IS agenda Item 10. An applicatIon ofRlChard Yanek for a ConditIOnal Use PermIt for a recreatIOnal facility of an outdoor nature on property located at 538 South AtlantIc Avenue, DIstnct 6, WIth seven conditIOns. RIchard Yanek: Thank you. I agree wIth all the terms. J anlCe Anderson: Your name for the record. RIchard Yanek: RIchard Yanek. J anlCe Anderson: Thank you. Joseph Strange: Is there any opposItIon to hIS matter bemg placed on the consent agenda? The ChaIrman has asked Barry KnIght to reVIew thIS Item. Barry Krught: The applicant IS requestmg a Conditional Use Penmt for a skateboard ramp, and the ramp will pnmarily be used by the applicant's mne year old son but occasIOnally he will have some guests over. The applicant also notes that the use of the ramp will be limIted to the hours of 10:00 a.m. to dusk. The parcellS m the Croatan Beach reSIdentIal neIghborhood. It IS a three story smgle family dwelling sItuated on the SIte. The entIre yard IS enclosed by fence and IS adjacent to the ocean so the nOIse from the ocean, the waves will probably mute the sound of the skateboard ramp. We haven't heard any adverse statements from any neIghbors or anythmg, so we placed It on the consent agenda. Mr. Secretary, I would like some clanficatIOn. Is It SIX or seven conditIOns on thIs? It looks like m my package I only see SIX. Maybe we can get that cleared up. JanIce Anderson: Karen? Thanks. Karen Prochilo: Six conditIOns JanIce Anderson: Six conditIOns. We will make the notatIOn. Joseph Strange: Okay I thInk we have that cleared up now There are SIX conditIOns. Thank you Barry Madam ChaIrman, I will make a motIon to approve agenda Item 10. JanIce Anderson: A motIon by Joe Strange. Item #10 RIchard Yanek Page 2 Barry KnIght: I'll second It. JanIce Anderson: A second by Barry KnIght. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeqen: By a vote of 10-0, the Board has approved Item 10 for consent. VIRGINIA BEACH INK Relevant Information: · lynnhaven District . The applicant requests a Conditional Use Permit to establish a tattoo studio in a lease space of 1,200 square feet. . The operation will consist of a store manager, two sales associates, and up to six tattoo artists. · The hours of operation will be 10:00 a.m. to 10:00 p.m., Monday through Saturday, and from 12:00 p.m. (noon) to 8:00 p.m., on Sunday Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0). · Consent Agenda. · No opposition. " r I .{)~~:l~"""~~. ~J.. f"CJ . l~! :5"" ~ ~. .~ ; - '.. l~ .. . ~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH INK, Conditional Use Permit (tattoo studio), 612 Nevan Road, L YNNHAVEN DISTRICT. MEETING DATE: September 9,2008 . Background: The applicant requests a Conditional Use Permit to establish a tattoo studio In a lease space of 1,200 square feet on the proposed site. The operation will consist of a store manager, two sales associates, and up to SIX tattoo artists. The hours of operation will be 10:00 a.m. to 10:00 p.m., Monday through Saturday, and from 12:00 p.m. (noon) to 8:00 p.m., on Sunday . Considerations: This proposal will be centrally located In a small stnp center between a land surveYing business and hair salon. A nail salon occupies one end and a dry cleaning business occupies the opposite end of the center This request IS In conformance with the City's Comprehensive Plan recommendations for the area. The owner IS required to comply with all Health Department regulations before a business license can be obtained. The Planning Commission placed this item on the consent agenda because the use IS compatible with the surrounding land uses and there was no opposition to the proposal. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the follOWing conditions: 1 The conditional use permit for tattoo establishment IS approved for a penod of one year with an administrative review every year thereafter 2. A business license shall not be Issued to the applicant without the approval of the Health Department for consistency with the proVIsions of Chapter 23 of the City Code. 3. No sign more than four (4) square feet of the entire glass area of the extenor wall(s) shall be permitted on the Windows. There shall be no other signs, Including neon signs or neon accents, Installed on any wall area of the VIRGINIA BEACH INK Page 2 of 2 extenor of the building, windows, and / or doors. 4 The actual tattooing operation on a customer shall not be visible from any public nght-of-way adjacent to the establishment. 5. The hours of operation shall be 10:00 a.m. to 10:00 p.m., Monday through Saturday, and from 12:00 p.m. to 8:00 p.m., on Sunday . Attachments: Staff RevIew Disclosure Statement Plannrng Commission Minutes Location Map Recommended Action: Staff recommends approval. Plannrng Commission recommends approval. Submitting Department/Agency: Planning Department City Managu k. ~6<>t.. VIRGINIA BEACH INK Agenda Item 22 August 13, 2008 Public Hearing Staff Planner. Karen Prochilo REQUEST: Conditional Use Permit for tattoo studio. il I I ADDRESS I DESCRIPTION: Property located at 612 Nevan Road. GPIN: 24078854840000 COUNCIL ELECTION DISTRICT: 5-LYNNHAVEN SITE SIZE: Site: 1,163 acres Lease Area: 1,200 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to establish a tattoo studio In a lease space of 1,200 square feet on the proposed site. The operation will consist of a store manager, two sales associates, and up to SIX tattoo artists. The hours of operation will be 10:00 a.m. to 10:00 p.m., Monday through Saturday, and from 12:00 p.m. (noon) to 8:00 p.m., on Sunday. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Commercially developed site SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: · Retail I B-2 Community BUSiness District · Across Industrial Park Avenue IS retail I B-2 Community BUSiness District · Vacant property and office-warehouse I B-2 Community BUSiness District · Across Nevan Road IS a bank I B-2 Community BUSIness District The majority of the site IS Impervious, as it IS developed with a structure and parking lot. There are no Significant natural resources or cultural features associated with thiS site. VIRGINIA BEACH INK Agenda Item 22 Page 1 AICUZ: The site IS In the Greater than 75 dB Ldn AICUZ surrounding NAS Oceana. The proposed use IS compatible with thiS AICUZ. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Laskin Road In the VIcinity of thiS site IS a four-lane diVided major arterial. Laskin Road has a variable wIdth right-of -way, and the Master Transportation Plan shows a diVided roadway with a bikeway and an ultimate right-of-way width of 160 feet. First Colomal Road In the vIcinity of thiS site IS a four-lane diVided major arterial. First Colomal Road has a variable width right-of-way, and the Master Transportation Plan shows a diVided roadway with a bikeway and an ultimate right-of-way width of 100 feet. There are currently no Capital Improvement Program projects scheduled for these segments of Laskin Road and First Colomal Road. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Nevan Road I EXisting Land Use:.!- Three-lane local No traffic counts available for Nevan Road. 640 ADT collector Proposed Land Use 3 - Laskin Road 30,970 ADT 17,300 ADT 900 Peak 421 ADT 1,357 PM Hour (Level of ServIce "C") Peak Hour 27,300 ADT 1 1430 Peak Hour (Level of Service "D") - Capacity 31,700 ADT 1 1650 Peak Hour (Level of Service "E") First Colomal 43,269 ADT 1 17,300 ADT 1 900 Peak Road 1,654 PM Hour (Level of Service "C") Peak Hour 27,300 ADT 1 1430 Peak Hour (Level of Service "D") - Capacity 31,700 ADT 1 1650 Peak Hour (Level of Service "E") Average Dally Tnps 2 as defined by 1.163 acres zoned B-2 3 as defined by 11 Peak Hour entenng based on 9,500 square feet retail center (includes proposed 1,200 square feet tattoo studio) WATER and SEWER: ThIS site IS connected to City water and sewer FIRE DEPARTMENT: No Fire Department comments at thiS time. POLICE: No additional comments at thiS time. HEALTH DEPARTMENT: The owner of the proposed tattoo studio must secure a permit from the Health Department pnor to beginning operation. VIRGINIA BEACH INK Agenda Item 22 Page 2 I, I EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. ComprehensIve Plan: The Comprehensive Plan Map designates this area of the city as Strategic Growth Area 7 - Hilltop/North Oceana Area. The Comprehensive Plan Identifies the First ColOnial Road cOrridor from 1-264 to Hilltop and Laskin Road through the Hilltop area as an area that IS considerably undeveloped. The plan recommends non-residential uses because of the Influence of AICUZ high nOise In this area. Special attention should be paId to quality site and building deSign, Including signs, to Increase the overall attractiveness of thiS area. Evaluation: ThiS proposal will be centrally located In a small stnp center between a land surveYing bUSIness and haIr salon. A nail salon occupies one end and a dry cleanrng bUSIness occupIes the opposite end of the center ThIS request IS .n conformance with the City's Comprehensive Plan recommendations for the area. The owner IS reqUired to comply with all Health Department regulations before a bUSiness license can be obtained. CONDITIONS 1 The conditional use permit for tattoo establishment IS approved for a penod of one year with an administrative review every year thereafter 2. A bUSiness license shall not be Issued to the applicant without the approval of the Health Department for consistency with the provIsions of Chapter 23 of the City Code. 3. No sign more than four (4) square feet of the entire glass area of the extenor wall(s) shall be permitted on the Windows. There shall be no other signs, Including neon signs or neon accents, Installed on any wall area of the extenor of the building, Windows, and I or doors. 4. The actual tattooing operation on a customer shall not be vIsible from any public nght-of-way adjacent to the establishment. 5. The hours of operation shall be 10:00 a.m. to 10:00 p.m., Monday through Saturday, and from 12:00 p.m. to 8:00 p.m., on Sunday. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. VIRGINIA BEACH INK Agenda Item 22 Page 3 AERIAL OF SITE LOCATION VIRGINIA BEACH INK Agenda ttem 22 Page 4 t O~; 3 n J\j 3/\ 'tI " 1\l1~.1 sn(]r\}1 _6 :off! -..... "OC' ,:...O.t-Ii S I -~-- ..... :-= ,/ '=-..:" i~ ~ ~l ~ I -.--- ., I ! I ..0_._. _ ."" --.--~ I I '_md_ -- I , ~. '- '" T -e- -;"~--l. , I : I I I . ~ I C) ~ as I I - --- - - I I ~ ,.----- I I I -----.-.- i - -'-. - -. ct. ..-A _ . I .-- - -, - I ,~ ':; 0, 1 , " ~ ~ ..1 .- ---'-- -- Lll ( ) I .- --"--" ~I ------ c..:l r .- _.m-l. '..,....--- I ~ ....___ _ 1 I I I I ':.1 :>, " I I I i r- .oj I i ..j I \ -- I I ':- -- .~._-- ~ ~~t. - -.~lJ:.-":".::~~.;~'::0~:.!:'=:"~I~=--.,,~_ _ . . . ;'1' . 1 'O.~~i.....~~-~=--.. ..-..~..--,,~.- .', ____,--/ "\ -'" ----.---.. - .. ... .fig foo" .--c--- __ __~____ _ .~,_ .-,. I "- ---- ...... --- ..PO.!_ -_. ...00 ,co ...~ '''-1- I --M='",'~O;-:--~-____':--_ -)------- --''',,, '~ , ""0'/ ..../.'.!1i'~'1r~~-: "__________ ~ :, I ~ . ~ i!!:3"""d' '.\ CI_ - -, ------.i. . ': I ,:1 I -, I ~. . .. , I I I I . l___.." .&,. ..'~ I I --- - .~--,..._.. ---~.. IIII o co (~ cq: o Q: ? ~ _:# l.u '-'::;" '-... PROPOSED SITE PLAN VIRGINIA BEACH INK Agenda Item 22 Page 5 -.. \- ,~' -"'-. ) ".~ ~' ;""w_ """ ~~ '''"""Y~'''__ PHOTOGRAPHS OF EXISTING SITE VIRGINIA BEACH INK Agenda Item 22 Page 6 II! I 1 05/11/04 SubdivIsion Vanance Granted 08/27/02 Conditional Use Permit car wash) Granted 06/19/78 Conditional Use Permit fuel sales) Granted 2 12/07/99 EnlarQement of a Non-confonmnQ use Demed 3 02/23/99 Conditional Rezomng R-10 to B-2 Granted 4 10/24/95 Conditional Use Permit church) Granted 5 10/13/92 Conditional Use Permit (eating & Granted dnnklng establishment and commercial recreation) 6 03/12/90 Modification of Conditions Granted 08/22/88 Conditional Use Permit (auto repair) Granted ZONING HISTORY VIRGINIA BEACH INK Agenda Item 22 Page 7 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) J ~ .~ j , 111A,/lJI!? 15E~[j1 IN/( , t,l:-tJj;'JfY' ,,,: (';(,v ':c J, ~"2Er't~f!'IlfA'IE5 2. list all bUSinesses that have a parent-subsidiary 1 or affiliated bUSiness entitj relationship with the applicant: (Attach list if necessary) lllll I ~ I R 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) .~~ rY\-t K '+'f()ft:,~-h~. Lt"D m AR'r... b\ \ be,,'\- D(.t>v s I DO 10 2. list all bUSinesses that have a parent-subsidiary 1 or affiliated bUSiness entitl relationship with the applicant: (Attach list if necessary) 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 emgJoyee of the City of Virginia Beach have an Interest In the subject land? Yes L No _ ('f:* e h? t~ ') If yes, what IS the name of the offiCIal or employee and the nature of their Interest? 3~"dp,r' -1'/ )O.l{".tSGo.!, 01!E6<'!!y f.(JJ'1t s. ?fl.rTNI'J2'J ,}j r;U~/r/!:-(~7 Conditional Use Permit Application Page 9 of 10 RevIsed 7/3/2007 z o t I ~ C ~ t I a , ~ ~ f-I ~ ~ ~ ~ ~ ;:::J ~ o I I f-I I I ~ Z o 'C-:) VIRGINIA BEACH INK Agenda Item 22 Page 8 z o I I ~ U I I ~ ~ ~ ~ ~ ~ ~ ~ ~ t:J ~ o I . ~ I . Q Z o u , I DISCLOSURE STATEMENT ij 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 9 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 busmess 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 con sldered In determlOlng 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 here.n 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 obtalOlng and posting the reqUired sign on the subject property at least 30 days pnor to the scheduled public heanng according to the Instructions 10 thiS package. The underSigned also consents to entry upon the subject property by employees of the Department of Planning to photogr h and view the site for purposes of processing and evaluating thiS application. ? (~%~/, L Ifu,/#\ Print am H>\~k G\ \ \y;:.~1 )( Property Owner's Signature (if different than applicant) Pnnt Name Conditional Use Permrt ApplicatIOn Page lOot 10 ReVIsed 7/31200 7 DISCLOSURE STATEMENT VIRGINIA BEACH INK Agenda Item 22 Page 9 Item #22 Virgtma Beach Ink ConditIOnal Use PermIt 612 Nevan Road DIStrIct 5 Lynnhaven August 13,2008 CONSENT Joseph Strange: The next matter IS agenda Item 22. ThIS IS an applicatIon ofVirgtma Beach Ink for a ConditIonal Use PermIt for a tattoo studio on property located at 612 Nevan Road, DIstnct 5, Lynnhaven, wIth five conditIOns. Eddie Bourdon: Thank you Madam ChaIr, Vice ChaIr and members of the CormmssIOn. For the record, I'm Eddie Bourdon, a Virgtma Beach attorney representmg the applicant. All of the conditIOns as recommended by your professIOnal are acceptable to the applicatIOn. We apprecIate bemg placed on the consent agenda. Joseph Strange: Is there any OpposItIOn to thIS matter bemg placed on the consent agenda? If not, the ChaIr has asked Kathy KatsIas to reVIew thIS Item. Kathy Katslas: Virgtma Beach Ink IS requestmg a ConditIOnal Use PermIt for a tattoo studio located at 612 Nevan Road. The applicant will be leasmg 1200 square feet m the small strIp center between a land surveYIng busmess and a haIr salon. The request IS m conformance WIth the City's ComprehensIve Plan recommendatIon for the area. The owner IS reqUired to comply WIth Health Department RegulatIOns before a busmess license can be obtamed. Our staff recommends approval; so, therefore we concur WIth staff and placed It on the consent agenda. Joseph Strange: Thank you Kathy Madam ChaIrman, I will make a motIOn to approve agenda Item 22. 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 ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE HORSLEY AYE ABSENT 1 ABSENT ;' I I , Item #22 VirgmIa Beach Ink Page 2 KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved Item 22 for consent. JanIce Anderson: Thank you all for commg today . Sensations Hair Studio 612 Nevan Road, SUIte 104 nt.~ ~~ Virgima Beach, VA 23451 (757) 313-9137 \h(l.bl~lA- 13e:fet{ l tv\/{ August 6, 2008 CommiSSIOners Virgima Beach Planning CommIssIOn c/o Karen Prochilo Department of Planning Building 2, Room 115 Municipal Center VirgInia Beach, VA 23456 Subject: Request for Use permit for VB Ink Dear Planning CommIssion Members. We are owners of Sensations Hair Studio and are located directly next to the proposed locatIOn for VB Ink. We not only have no problem with a Tattoo Studio bemg located in our center but look forward to haVIng them as part of the Tenant mIX. We both encourage the commIssion to approve the applicatIOn of VB Ink. Sincerely, ~~Y~<\P Marcy Kemp o-Owner .~, h -'~ " ". "~i,..... :~\,~""C AUG - G 7.008 a ; '-_:: ;\}!,~i:AI. l \ .\ '",< \~ \ ,,' " " \ '< l }, }..-" r'-' " Iii I N ails First 612 Nevan Road, Suite 114 Virginia Beach, Va 23451 \ 1[M it?""b- \J lI2..bt tJ \ A {) E1C f-f [tvlL August 6, 2008 Commissioners Virginia Beach Planning Commission c/o Karen Prochilo Department of Planning Building 2, Room 115 MUnicipal Center Virginia Beach, VA 23456 Subject: Request for Use permit for VB Ink Dear Planning Commission members My wife and I own Nails First which IS located In the same center where VB Ink has requested a use permit for a Tattoo Studio. We have no objection to their application and will welcome them as a Tenant in the center. Sincerely /2 Jon He Owner f' ~ AUG - 8 (n08 Lr\\ f'~ r~ C :~,: -L?,:\V:T~vH~' HAYDEN FRYE AND ASSOCIATES, INC. LAND SURVEYORS f!)JZen"G.e.ru :I JJ/ie 'LlzJuua ~ocw.tum c;l JiU....i!€JO.M tr ,wv\ Vv \Jl~UJlA- [)d1Crk. \'f'Jlc August 6, 2008 CommISSIOners Virginia Beach PlannIng CommissIOn c/o Karen Prochilo Department of Planning Building 2, Room 115 Mumclpal Center VirgIma Beach, V A 23456 Subject: Request for Use permit for VB Ink Dear Planmng CommIssIon members I am the owner of Hayden Frye and ASsocIates a full servIce Land Surveymg firm located at 612 Nevan Road. Our landlord contacted us pnor to VBInk makIng an applicatIOn for a use permIt and we told him we felt that tattooing had turned so maInstream that we had no objectIOn to him rentmg a suite in our center to VB Ink. We have no objecting to the application of VB Ink and encourage the commISSIOn to rule favorably on their request. Sincerel~,._ __,' AO_=-=-~=-~)- .~ A (""" ",-- /~/;:::/ -'. -c---.--.~~ '~-,"-,,-=:~:_-"_-~~~: . - -~~'JiliP' Hayden Frye Owner AU G -. "l 2008 ...,') \l'.,. '1- ~ ;., . i~;<;-\L'- ;', .... .: '-~- ., '~..~ i 'l\~ ._~. 612 NEVAN ROAD - SUITE 108 - VIRGINIA BEACH, VIRGINIA 23451 757-491-7228 FAX 757-491-7229 1;1 f 612 Nevan Road, Suite 114 Virginia Beach, Virginia 23451 (757) 428-0200 \ ~ TtL v \J {ttbUJU'1- ~ M. \ f\X- August 6, 2008 Commissioners Virginia Beach Planning Commission c/o Karen Prochilo Department of Planning Building 2, Room 115 Municipal Center Virginia Beach, VA 23456 Subject: Request for Use permit for VB Ink Dear Planning Cotnqlission Members M&K Properties owns the center at 612 Nevan Road and is a tenant, where VB Ink has requested a pennit to open a Tattoo Studio. Before offering space to Mr Johnson and Mr Hayes we researched the business and found that it has vastly changed since the 40's and 50's. I discussed the possibility of having a Tattoo Studio in the center WIth each of our current Tenants. Not only did none object but several were very excited. I encourage you to rule favorably on their application Sincerely, r11~ Mark Gilbert President :::..~" ;. AUG - 7 Z008 ; 1 \'j\rl"f~ ..i...., .,. _.- :--, ~.t; ~".:'f':' i"'- :....c(,'...\.\l i\!~;-. ': .'.<F'J"V ll',,'.~ .. ..~ . -"--.. ,. ,",-p." _~"~. ';"J.t!. _~J C'\. J ,,_ o. ~ .~~. yage 1 or 1 llEUV\ ~'"1l..--- \Jl~ltJ1A- Db1trll~ Karen Prochilo From: Bruce Gallup [bgallup@gallupsurveyors.comj Sent: Tuesday, July 29, 2008 11 :50 AM To: Karen Prochilo Cc: eddie bourdon Subject: Virginia Ink Hi Karen, Eddie has provided me with additional Information concerning this establishment. I will not be In opposition to this application In light of this additional Information and as long as this establishment operates In the manner that Eddie presented to me. Thank you for your patience. Bruce W Gallup, PE, LS Email Gallup Surveyors & Engineers 323 First Colonial Road, Virginia Beach, VA 23454 Phone: 757-428-8132, Fax: 757-425-2390 PLot Style TC;!blE;! D_ownlQ9d Zip File. Df;COmpreS$IOIJ Utility WARNING, DISCLAIMER, AND INDEMNITY The plans, maps, drawings, or other InfOrmation being transmitted herewith IS prOVided by electronic media and is thus subject to Inherent errors, omiSSions and defects to which a non-electronic format IS not. As such, Gallup Surveyors & Engineers, Ltd., does not warrant, guarantee, or otherWise represent to the User that the electronic media IS free from electronic defects Including design, calculation, data translation, or transmisSion errors or omiSSions. In accepting and utiliZing any plan, map, drawings, or other InfOrmation transmitted herewith or any other form of electronic media generated and proVided by Gallup Surveyors & Engineers, Ltd., the User covenants and agrees that all such plans, maps, drawings, and other data are Instruments of serVice of Gallup Surveyors & Engineers, Ltd., who shall be deemed the author of the plans, maps, drawings, and'other data, and shall retain all common law, statutory law, and other rights, Including cOPYrights. The User further agrees not to use any plan, map, draWing, or other information transmitted, In whole or In part, for any purpose or project other than the project for which the Information is being proVided. In accepting and utiliZing any of the information transmitted herewith, the User further agrees to Indemnify, defend, and hold Gallup Surveyors & Engineers, Ltd" harmless from any damages, liabilities, losses, Judgments, claims, penalties, or cost anslng out of or In connection with any changes made by anyone other than Gallup Surveyors & Engineers, Ltd. 7/30/2008 III! -38- Item V-M.S. PUBUC HEARING "EM. 39824 PLANNING Upon motion by COIUIcilnulll HarrJWn, seconded by Council lAdy Parleer, City Council ADOPTED "'I Ordinance IIpOfI "Pplkation CEMETERY CONSULTANTS, INC. for II ConditionoJ U~e Permit. ORDINANCE UPON APPUCATION OF CEMEI'ERY CONSULTANTS, INC. FOR A CONDmONAL USE PERMIT R0995198S BE rr HEREBY ORDAiNED BY THE COUNCIL OF THE crrr OF VIRGINIA. BEACH, VIRGINIA. OrdintlllCe IIpOfI "Pplialtion of Cemetery ConsultMa, IIIC. for II Conditionol Use Permit for 0 cemetery, mousoleums, columbtmums, c""pel, odmJnwotive offices, equipment, mollltenMce tUId storage on the north SIde of North Witcluluck ROGd, west of Arogono Boulevard &lId porcellJl located at 631 North Witchduck Rood tUId contou/s 55 ocres. BAYS/DE BOROUGH. The foUuwmg condition .U be reqr.u.red: 1. Only thore unprOllement~ Identified on the submitted site plM entitled Rosewood Memorud GlJrdeIIJI, on file with the Pl4nm"g Department, tJ1'e opproved with thlJl request. Any future txp4MlOn or modification of the UlJlting cemetery will reqII"e further review Md apprCJ\IQ1 by the Pla""'"g Corruru.sslO" Md City CounciL 7111$ Ordifl4nce mall be effective III accordance with Sectio" 107 (f) of the Zonl"g Ordinance. Adopted by the Council of the City of Virgm/(l Beach, Virglll/(l, on the Twe"ty-~ath oj September. Nineteen Hrmdred tUId Ninety-Five. Voting: 10-0 (B1 COfIJIent) Council Members Voting Aye: John A. Saum, LUllvood O. Branch, Ill, Robert K Dun, William W. HorrlJlon, Jr., Harold HelJlchober, Sarboro M. Henley, LouIJl R. Jones, Nancy K Porker, Vice M"yor William D. Se~soms, Jr. "nd LoulJla M. Stroyhorn COIUIcil Member~ Voting Nay: None Council Members Absent: Mayor Meyer" E. Obenulorf September 26, 1995 NEW CINGULAR t/a AT&T Map D-E 6,7 Map Not to Scale ~ 11.\ \ ..J..{ ~ ~~<.~ ~ ~.. " ~ ~ . ~ ~~, !lsi~~ ~ -1..lr New-Cin I lar Wireless PCS, LLC ,~ ). .n 5] ., ~~ \~ \,\, \ ~ A' Y :;;,,- u...~.; ..- ~ -~ . ~ r .u:t: "";6;Y "=:tafti -~ -:~- ~ ~ _..J-I ~ -- \\ \-- n ~, f-{>,r..:" .. .-. Y"'~, ....'" ria AT&T \""ij~~ -\f . . ~ J~ ~~ ~~.(Nr-~ ~~~~ .. "[] ~ \ ~~~ . \ '~ r n r. . i- fC'? \' \U~_ ~ ~~.~ ,- l. ~~J. ~~ \L1~ \); y rl ~J~ \\1.2 -rjFf 1qf~~ ~ ~ ~ '.~ ~~.:ll:. 1\0)1,'(. ..J Y \ \ \ ~':, CUP - CommUnIcatIOns Tower Relevant Information: · Bayside District · Applicant requests a Conditional Use Permit to replace an existing flagpole with a 120 -foot high stealth flagpole communications tower on the subject site. · An 8-foot tall brick wall will enclose the flagpole and AT&T equipment cabinets. A sidewalk and landscaping will encircle the outer perimeter of the brick wall. · The 'tower' will have available space for a second provider. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0). · Consent Agenda. · No opposition. ITEM: NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T), Modification of the Conditional Use Permit (cemetery) and Conditional Use Permit (communication tower), 631 North Witchduck Road, BA YSIDE DISTRICT MEETING DATE: September 9,2008 . Background: The applicant requests a Conditional Use Permit to construct a 120-foot high stealth flagpole communications tower on the subject site. The requested tower will enhance the wireless service for the Witchduck Road and Aragona Boulevard service area. This tower will accommodate AT&T's cellular antennas and one additional carner In order for this request to be considered, the applicant IS also requesting a Modification to the Conditions of a Conditional Use Permit permitting a cemetery, mausoleums, columbanum, chapel, administrative offices, equipment maintenance and storage that was approved by the City Council on September 26,1995. The Conditional Use Permit has one (1) condition: 1 Only those Improvements Identified on the submitted site plan entitled Rosewood Memonal Gardens, on file with the Planning Department, are approved with this request. Any future expansion or modification of the eXisting cemetery will require further review and approval by the Planning Commission and City Council. Condition 1 does not Include the use of a communications tower on the subject site and IS requested for modification to allow the location of a120 -foot high flagpole stealth communications tower and associated equipment. . Considerations: The proposed pole will be located towards the entrance of the Rosewood Memonal Cemetery and replace an eXisting flagpole at this location. A bnck wall eight feet tall will enclose the flagpole and AT&T equipment cabinets. A Sidewalk and landscaping will enCircle the outer penmeter of the bnck wall. The proposed tower IS consistent with the standards prOVided In the City ZOning Ordinance for wireless communication towers. As the proposed tower will be a 120- foot high stealth structure, designed as a flagpole with up to three (3) panel NEW CINGULAR WIRELESS PCS, LLC (AT&T) Page 2 of 3 antennas, it IS Staff's conclusion that this tower will not be IntrusIve to the visual aesthetics of the community and that this location represents the best alternative for the need In service. The request for the Modification to the Conditional Use Permit for the cemetery and to allow the tower to be located on thiS property IS acceptable. The Planning CommIssion placed these items on the consent agenda because the proposal meets the criteria of the City ZOning Ordinance for communication towers, the proposal IS compatible with the surrounding land uses, and there was no opposition. . Recommendations: The PlannIng Commission passed a motion by a recorded vote of 10-0 to approve the requests with the follOWing conditions: 1 Only those Improvements Identified on the submitted site plans entitled "Rosewood Memonal Gardens" and AT &T N. Witchduck Aragona Blvd NF351 C Virginia Beach, VA 23462 (Sheets T-1, T-2, SP-1,C-1, C-2, C-3, C-4, C-5, C-6, C-7, L-1 & L-2 with a reVISion date 02/28/08), prepared by SAI CommunIcations with consultants ALLPRO Consulting Group, Inc., on file with the PlannIng Department, are permitted. Any future expansion or modification of the eXIsting cemetery will requIre further revIew and approval by the Planning Commission and City Council. 2. When developed and Installed, the tower and antennas shall be In substantial conformance with the plans entitled, "AT & T N. Witchduck Aragona Blvd NF351C VirginIa Beach, VA 23462 ((Sheets T-1, T-2, SP-1,C-1, C-2, C-3, C- 4, C-5, C-6, C-7, L-1 & L-2 with a reVISion date 02/28/08), prepared by SAI CommunIcations with consultants ALLPRO Consulting Group, Inc. These plans have been exhibited to City Council and are on file with the PlannIng Department. 3. The tower shall be limited to a total height of 120 feet. In no Instance shall the antennas be Installed higher than the eXisting 120-foot high tower 4 The applicant shall Install an 8 feet tall brick wall with privacy gate around the proposed telecommunIcation tower and ground equipment as depicted on the site plan. No barbed wire shall be permitted. Landscaping around the tower shall comply with the City ordinance requirements where applicable. 5. No signs Indicating the location of thiS facility are allowed. 6. Unless a waiver IS obtained from the City of Virginia Beach Department of Communications and Information Technology (COM IT), a radio frequency emiSSions study (RF Study), conducted by a qualified engineer licensed to ,.. I NEW CINGULAR WIRELESS PCS, LLC (AT&T) Page 3 of 3 practice In the Commonwealth of Virginia, showing that the Intended user(s) will not Interfere with any City of Virginia Beach emergency communications facilities, shall be provided pnor to site plan approval for the tower and all subsequent users. 7 In the event Interference with any City of Virginia Beach emergency communications facilities anses from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the Interference. If the Interference cannot be eliminated within a reasonable time, the user shall Immediately cease operation to the extent necessary to stop the Interference. 8. Should the antennas cease to be used for a penod of more than one (1) year; the applicant shall remove the antennas, tower, and related equipment from the property . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. ~ Submitting Department/Agency: Planning Department! ~ CityManage~ \. . ~~ NEW CINGULAR WIRELESS PCS, LLC (AT&T) Agenda Items 13 & 14 August 13. 2008 Public Heanng Staff Planner' Karen Prochilo REQUEST: Conditional Use Permit for a communications tower Modification of the Conditional Use Permit approved by the City Council on September 26,1995 for cemetery, mausoleums, columbanum, chapel, administrative offices, eqUipment maintenance and storage. CUP - CommUnicatIons Tower ADDRESS I DESCRIPTION: Property located 631 N. Witchduck Road. GPIN: 14781005960000 COUNCIL ELECTION DISTRICT: 4 - BA YSIDE SITE SIZE: Total site size: 55 acre cemetery Proposed lease site: 1 ,452 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to construct a 120 -foot high stealth flagpole communications tower on the subject site. The requested tower will enhance the wireless service for the Witchduck Road and Aragona Boulevard servIce area. ThiS tower will accommodate AT&T's cellular antennas and one additional carner The proposed pole will be located towards the entrance of the Rosewood Memonal Cemetery and replace an eXisting flagpole at thiS location. A bnck wall eight feet tall will enclose the flagpole and AT&T equIpment cabinets. A Sidewalk and landscaping will encircle the outer penmeter of the bnck wall. In order for thIS request to be considered, the applicant IS also requesting a Modification to the Conditions of a Conditional Use Permit permitting a cemetery, mausoleums. columbanum, chapel, administrative offices, eqUipment maintenance and storage that was approved by the City Council on September 26, 1995. The Conditional Use Permit has one (1) condition: 1 Only those Improvements Identified on the submitted site plan entitled Rosewood Memonal Gardens, on file with the Planning Department, are approved with thiS request. Any future expansIon or modification of the eXisting cemetery will reqUire further review and approval by the Planning Commission and City Council. NEW CINGULAR WIRELESS (AT&T) PCS, LLC - WITCH DUCK Agenda Items 13 & 14 Page 1 Condition 1 does not Include the use of a communications tower on the subject site and IS requested for modification to allow the location of a120 -foot high flagpole stealth communications tower and assocIated equipment. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Cemetery SURROUNDING LAND USE AND ZONING: North: . To the north of the cemetery are single-family dwellings! R 7.5 Residential District . Across Witchduck Road IS retail! B-2 Community Business District . To the east of the cemetery are single-family dwellings / R 7.5 Residential District . To the west of the cemetery IS a funeral home / 0-2 Office District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features on this site. AICUZ: The site IS In an AICUZ of Jess than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): N. Witchduck 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 100 foot right-of-way. No Capital Improvement Program projects are slated for thiS roadway In the VICinity of thiS application. A reservation of 17 feet such that the ultimate right-of-way of 100 feet along Witchduck Road, In accordance with the Master Transportation Plan amended 10/12/2004 IS requested. Traffic engineering believes the proposed use will not generate traffjc volumes greater than those within the eXisting cemetery. WATER and SEWER: No Impact. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of thiS request with the conditions below. NEW CINGULAR WIRELESS (AT&T) PCS, LLC - WITCHDUCK Agenda Items 13 & 14 Page 2 Comprehensive Plan: The land use planning policies and pnnclples established for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located In this area. The type, Size, and relationship of land use, both residential and non- residential, In and around these neighborhoods should serve as a gUide when consldenng future development. The Comprehensive Plan policIes generally support such ancillary uses (communication devices, etc.) In a utilitarian capacity when they provide necessary and desirable servIces to a community. Evaluation: The proposed Conditional Use Permit for a cellular telephone antenna IS compatible with the land use planning policies of the Comprehensive Plan. The subject communications tower, equipment cabmets, and the location thereof will comply with local zoning reqUirements stated In Section 232 of the City ZOning Ordinance, and all federal regulations required by the Federal Communrcations Commission (FCC) and Federal AViation Administration (FAA). Section 232 of the City Zoning Ordinance reqUires that no tower be closer to a residential structure than 125 percent of the total height of the tower and antennae. There are no dwellings within the mlnrmum distance of 150 feet of the base of the proposed 120 feet tall tower Section 232(b)(1) of the City Zonrng Ordinance stipulates the mlnrmum setback reqUirement from the base of the tower to any property line abutting a residential use or district must be equal to 110 percent of the height of the tower, or In thiS case, 132 feet. There are no residential property lines within the minimum 132 foot setback. The proposed tower satisfies the criteria for wireless communication facility locations In Section 232 of the City Zoning Ordinance. The applicant submitted the required structural report Indicating that the proposed tower's deSign meets the reqUirements of the International Building Code. The applicant also submitted a NOnlonrzlng Electromagnetic Radiation Report (NIER), Indicating that emiSSIons do not result In ground level exposure at any pOint outside the facility and IS within compliance with all regulatory agencies and standards. In sum, staff concludes that the proposed tower IS consIstent with the standards provided In the City ZOning Ordinance for Wireless communication towers. As the proposed tower will be a 120- foot high stealth structure, deSigned as a flagpole with up to three (3) panel antennas, it IS Staffs conclUSion that thiS tower will not be IntruSive to the visual aesthetics of the community and that thiS location represents the best alternative for the need In service. The request for the Modification to the Conditional Use Permit for the cemetery and the Conditional Use Permit for the communications tower to be located on thiS property IS recommended for approval with the conditions below. CONDITIONS 1 Only those Improvements Identified on the submitted site plans entitled "Rosewood Memorial Gardens" and AT &T N. Witchduck Aragona Blvd NF351C VirgInia Beach, VA 23462 (Sheets T-1, T-2, SP-1 ,C-1, C-2, C-3, C-4, C-5, C-6, C-7, L-1 & L-2 with a reVISion date 02/28/08), prepared by SAI NEW CINGULAR WIRELESS (AT&T) PCS, LLC - WITCH DUCK Agenda Items 13 & 14 Page 3 Communications with consultants ALLPRO Consulting Group, Inc., on file with the Planning Department, are permitted. Any future expansion or modification of the eXisting cemetery will reqUire further review and approval by the Planning Commission and City Council. 2. When developed and Installed, the tower and antennas shall be In substantial conformance with the plans entitled, "AT & TN. Witchduck Aragona Blvd NF351C Virginia Beach, VA 23462 ((Sheets T-1, T- 2, SP-1 ,C-1, C-2, C-3. C-4, C-5, C-6, C-7, L-1 & L-2 with a reVISion date 02/28/08), prepared by SAI Communications with consultants ALLPRO Consulting Group, Inc. These plans have been exhibited to City Council and are on fife with the Planning Department. 3. The tower shall be limited to a total height of 120 feet. In no Instance shall the antennas be Installed higher than the eXisting 120-foot high tower 4. The applicant shall Install an 8 feet tall brick wall with privacy gate around the proposed telecommunication tower and ground eqUipment as depicted on the site plan. No barbed wIre shall be permitted. LandscapIng around the tower shall comply with the City ordinance requirements where applicable. 5. No signs Indicating the location of this facility are allowed. 6. Unless a waiver IS obtained from the City of VirgInia Beach Department of Communications and Information Technology (COM IT), a radio frequency emiSSions study (RF Study), conducted by a qualified engIneer licensed to practice In the Commonwealth of Virginia, showing that the Intended user(s) will not Interfere with any City of Virginia Beach emergency communications facilities, shall be prOVided pnor to site plan approval for the tower and all subsequent users. 7 In the event Interference with any City of VirgInia Beach emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the Interference. If the Interference cannot be eliminated within a reasonable time, the user shall Immediately cease operation to the extent necessary to stop the Interference. 8. Should the antennas cease to be used for a penod of more than one (1) year; the applicant shall remove the antennas, tower, and related equipment from the property. 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. NEW CINGUlAR WIRELESS (AT&T) PCS, llC - WITCHDUCK Agenda Items 13 & 14 Page 4 AERIAL OF SITE LOCATION NEW CINGULAR WIRELESS (AT&T) PCS, LLC - WITCHDUCK Agenda Items 13 & 14 Page 5 .0 Z 100 C ~ > '>, n \ " ~ r;;)." ~"~ #.....:J-',,.., ..,.._,.....,d yppJ) ,""v~r.'~ -""'''\; .- ..:r'-~ ,- .......... i1,,'" ~ ~,l. ,.. o it ~ ~u * ;: ,,, ~~ VI i IS w II: 8 ,.~~ :tt tj 'i! 51, 'I< 1 "". \ "' ~ > 7- '$ ij'. 1 j\ . ~,,'" '. ~l PROPOSED SITE LOCATION NEW CINGULAR WIRELESS (AT&T) PCS, LLC - WITCHDUCK Agenda Items 13 & 14 Page 6 ~ g~il ~~N~ ~!!i!EJ Iii~::t" ~~~~ ~~d i I~ U !!l ....'" OeJ ::.tt1 \ \ L., ~. ... .. lii-.a iii. ... zj V,ii1' .. <I d PROPOSED ENLARGED SITE PLAN NEW CINGULAR WIRELESS (AT&T) PCS, LLC - WITCH DUCK Agenda Items 13 & 14 Page 7 - .........,... (~ j ~ 1: ~ ~,-,,~~ ,,,,..,.,- r i * t " i * i ~ . ,. f0~: ~l'<'f' Hlhl I: ; tW w " . ,,~:' NEW CINGULAR WIRELESS (AT&T) PCS, LLO'..~" WITCH.........~....... .........'........C... ...K... Agenda Items 13:. ". 14 pa' 8 Ir,' . y~_,..... :r PROPOSED ENLARGED PARtIA~'PLAN ~ I I " .. ~ g '" ~ .. I .. I J .. << $ , Iii. . t' I Jt I W<- I b if j .~ ~ , '" ~ .~ ... , l\1 ,. ;it. I il t!! ) e ff't ~ ~ ~ ~ '("j J @ .. " '" :~ ~-- "ii(' l ", PROPOSED TOWER ELEVATION NEW CINGULAR WIRELESS (AT&T) PCS, LLO.. WITCHDl,JCK Agendaltems 13;514 R~le9 ,,';;,'W ~'"it:'..*,~ '~ .~ +of tll:: ... at \>$'j;.~~ - @ .*.:~::!:<".". ~r;li<t ~ ~: 'i PROPOSED LANDSCAPE PLAN (&; " NEW CINGULAR WIRELESS (AT&T) PCS, LLC' ~WITCHDqCK Agenda:ltems 13.14 p~ ' 4;10 g"""" .. ~'." ,:~ .; , '~~ ;.w J EXISTING FLAGPOLE NEW CINGULAR WIRELESS (AT&T) PCS, LLC - WITCHD4CK Agenda Items 13 ~. 14 Page 11 Ii' ! 1 !~, , ' , . , ! PROPOSED FLAGPOLE NEW CINGULAR WIRELESS (AT&T) PCS, LLC - WITCHDUCK Agenda Items 13 & 14 Page 12 Map D-E 6 7 lH C' 1 I.IJ:' l PCS LLC .l A 1i~-"T ~/!lP Not to Sc~le ae'W- ,nguJar ,.,. Jre ess I, I/'Q, CT " \ \ l..-ra~l -=r~, Ji 1'1 ., \ ::l.. ~_~ ~ /~~~,~ \\-\u \.l.-:..~ _~ -s1 ~~~ '/ ~~;rJ~. _.~ J.L ~}~~ """~ \, .4 I- ~ ,~n ~ ~4 ]I .....iI!" ...L ~~\\l~_~: _ _~~~ _ .. ~- ~ J " L ---' L ~ ~ ~~n--' _l-- E:r: ,...... u' ..\ ',..-; _ . ......-: /~ ill ~\. _: lMIfi -\\ ./ ~ ~~ iii-~ ~ "'" ~ 1'1 T ;;': ~~~ I ~.~ .7.5 '/ "~...J ~.. '1~ ~ \l~ .. ~ ~ ~~"+ ~ Z , ~ ~ ~~~~ ~'#.<< _~ ---' ~ ~ t; ~ ~ ~. ~,~ .-AAX'~ ~ .-J.'/ _ ~~J. Y ~c",rx.~ ~..il J '~/~~..:fi~ ~~ '~ '-I \ I ~" :.~~ \\1 I-TIft: r::N (. . ~J/. .!\CI' --I]', t--... ...L .r. ...........'""'lIi.. ~ ~ ~ ~ ~ ~ ~ CUP - Communications Tower 1 07/01/03 Conditional Use Permit ( Church) I Granted I 2 07/07/1998 Conditional Use Permit ( Motor vehicle sales) I Granted I ZONING HISTORY NEW CINGULAR WIRELESS (AT&T) PCS, LLC - WITCH DUCK Agenda Items 13 & 14 Page 13 I DISCLOSURE STATEMENT II 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) New Cingular Wireless PCS. llC (Va 'AT&T') 2. List all businesses that have a parent-subsldiary1 or affiliated business entitj relationship with the applicant: (Attach list if necessary) AT&T Mobility llC 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) SCI Virginia Funeral Services, Inc. 2. List all businesses that have a parent-subsldiary1 or affiliated business entitj relationship with the applicant: (Attach list if necessary) 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 ~ If yes, what IS the name of the offiCial or employee and the nature of their Interest? Conditional Use Permit Application Page 9 of 10 ReVIsed 7/312007 I I z o I I ~ U I I bJ ~ h ~ ~ ~ ~ ~ ~ o I I f--4 I I Q Z o u NEW CINGULAR WIRELESS (AT&T) PCS, LLC - WITCH DUCK Agenda Items 13 & 14 Page 14 z o I I 8 ::3 ~ ~ ~ ~ ;:::J ~ o I I H ~ u II 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) LeClalrRyan, SAI Communications, AT&T, Allpro Consulting Group, Inc. 1 "Parent-subsidiary relationship. means "a relationship that eXIsts when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation: See State and local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. 2 'Affiliated bUSiness entity relationship. means "a relationship, other than parent- subSidiary relationship, that eXists when (i) one bUSiness entity has a controlling ownership Interest In the other bUSiness entity, (ii) a controlling owner In one entity IS also a controlling owner In the other entity, or (iii) there IS shared management or control between the bUSiness entities. Factors that should be conSidered In determining the eXistence of an affiliated bUSiness entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the bUSiness entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular baSIS; or there IS otherwise a close 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 thaI. upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtalnmg 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 ~nnlng to photograph and VIew the site for purposes of processing and evaluating thiS application. '-Ql"vv!ot ~ C"ro\ 4 l\'jll<~h,1 Applicant's Signature '0 _ j Pnnt Name ' Property Owner's Signature (if different than applicant) Pnnt Name Conditional Use PermK Apphcation Page 10 of 10 ReVlS8d 71312007 NEW CINGULAR WIRELESS (AT&T) PCS, LLC - WITCH DUCK Agenda Items 13 & 14 Page 15 z o I I !:;3 U I I bJ ~ f--4 ~ 8: ~ t:::> ~ o I I f-t I I Q Z o u I 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) LeClalrRyan. SAI Communications. AT&T. Allpro Consulting Group, Inc. 1 "Parent-subsidiary relationship" means "a relationship that eXists when one corporation directly or Indirectly owns shares possesSing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code 9 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 9 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. Print Name /l1IC4iA~1.- L- /)t:.c.C:.<-'- Print Name Condilional Use PermIt Apphcalion Page 10 of 10 ReVIsed 7/3/2007 NEW CINGULAR WIRELESS (AT&T) PCS, LLC - WITCHDUCK Agenda Items 13 & 14 Page 16 ~ ~ at&t -- Hbout U: ': Ingular HI:;tory Meet Us Contact U, Our Technologl' NeJ/,.Jsroorn Community :;,UPPOlt c.~ree'":; Company Over',/lelN V1ih It \l't/ot'k tCir AT:3,T C .~reet" Possibllitle: ':;ettlng ~;tarted Student P el,~tlons ].)b :;earch/Apply AH,T Job:; [JOlng Buslnes: 'Nlth AT&T Supplier C'Ilo'erslt'! Local Cle,~ler pro'Jram Albance, Buslnes: Hlliance [!ealer Program Oeveloper Alliance Program [Jlsabilltv f;' esolJt"ces Find ,; ~;tore .: overage \/leV.,ler Espanol SUPPORT Meet Us Ralph de la Vega PreSident and Chlet Ex ecutlve Officer- ATt,T r',1obllity Blographl' Email me Paul R. Roth P"esldent- :;ale:; and Marketing Blc"~raphy Emall me Kristin 5. Rinne ::'er"or Vice Presldent-Hrchltecture ~. Planning Blograph y Kathleen L. DOI.,ling Senior" Vice F'resldent-Custorner ::'er'ollce Blc,,~raphy Ernail me John Dwyer :;enlor Vice PreSident, ~ale: Operations .;nd ':.ustc,mer Experience Biography Peter A. Ritcher Ser"or \Jlce Pre:;ldent and \,'Vlrele,:; ':.hlet FinanCial Officer BlolJraph\, Kent Mathy PreSldent-:;rnall BUSlne:;s E<lography 1'1artin E. Grambow Senior Vice PreSident ,;nd '::;eneral Counsel ATe,T 1'1obilit"I/ and Ser"or Vice PreSIdent & ASSIStant General Coun:;el - Southe,~:;t AT&T :;er'o/,ces, Inc. Blograph y Glenn Lurie PreSIdent-NatIOnal [!15tributlon Blograph'l Steve Hodges R eglon,,,1 PreSident-Northeast Blc"~raphy Fred Devereux Pre:;ldent - 'vVtreles: Operatlon:;/,.i\>'e5t Biography Stephen A. 1'1cGal" :;enlor Vice PreSident - V'llreles:; Strateg~1 Blo'Jraptw Bill Hague Eyecutlve Vice PreSident - Internatlon,,,1 Blo'JI",,,ph I' LeAnn Priebe Regional Presldent-Centr.,,! Blo,~t".;ph\. William Hogg PreSIdent, Netv.!ork :;er">'Ice, Blc"~raphy Pam Parisian 3enlor VI'~e PreSident-IT, AT&T rvlobility (\nltreless I BIO'Jraphy steve Sitton R eglon,,,1 PreSldent- ::,outheast Blo'Jraph '{ DaVid Christopher Ch,et r',1arketlng ('fficer-Wireles, Blograph y NEW CINGULAR WIRELESS (AT&T) PCS, LLC - WITCHDUCK Agenda Items 13 & 14 Page 17 I I Run: 3/27/2008138 PM Officers and Directors Title Name 8171 SCI Virginia Funeral Services. Inc. Director James S Young Director Judith M Marshall Director Susan L Garrell President James S Young Vice President Curtis G Briggs Vice President Sara F Beaves Vice President Michael L Oecell Vice President Vice President Lon E Spilde Vice President Christopher Sean Mullens Secretary Judith M Marshall Assistant Secretary Susan L Garrell Treasurer Kevin J GraJek NEW CINGULAR WIRELESS (AT&T) PCS, LLC - WITCHDUCK Agenda Items 13 & 14 Page 18 Items #13 & 14 New Cingular Wireless PCS, L.L.C. (T/A AT&T) ModificatIOn of ConditIOns ConditIOnal Use PermIt 631 North Witchduck Road DIstnct 4 BaysIde August 13,2008 CONSENT Joseph Strange: The matter IS agenda Items 13 & 14. It IS an applicatIOn of New Cingular Wireless PCS, L.L.C. (T/A AT&T) for a ModificatIOn of the ConditIOnal Use PermIt approved by City Council on September 26, 1995 for a cemetery, mausoleums, columbanum, chapel, admmIstratIve offices, eqUIpment mamtenance and storage. The pr~perty IS located at 631 North Witchduck Road. And an applicatIOn of New Cingular Wireless PCS, L.L.C. for a ConditIOnal Use PermIt for a CommunIcatIOn Tower. The property IS located at 631 North Witchduck Road, DIStnCt 4, BaysIde, WIth eIght conditIOns. LIsa Murphy' Good afternoon Madam ChaIr, Vice ChaIr and members of the Planmng CommIssIOn. My name IS LIsa Murphy and I'm here today on behalf of the applicant New Cingular Wireless PCS, L.L.C. We agree to the conditIOns. We apprecIate you puttmg us on the consent agenda. I would like to thank Karen Prochilo for workmg WIth us to really find a good locatIOn for thIS facility. Thank you. Joseph Strange: Thank. yuu. Is l.h~~ any opposItIon to thIS matter bel11g placed on the consent agenda? The ChaIrman has asked DavId Redmond to reVIew thIs Item. DavId Redmond: Thank you Mr. Strange. The applicant, New Cingular Wireless PCS, L.L.C. requests a ConditIOnal Use PermIt to construct a 120 foot hIgh stealth flagpole communIcatIons tower on thIS SIte. The requested tower will enhance the wIreless servIce for the Witchduck Road and Aragona Boulevard servIce area. ThIS tower will accommodate AT &T's cellular antennas and one additIOnal carner. The proposed pole will be located towards the entrance of Rosewood Memonal Cemetery and replace an eXIstmg flagpole at thIS locatIOn. A bnck wall eIght feet tall will enclose the flagpole and AT&T eqUIpment cabmets. Sidewalk and landscapmg will enCIrcle the outer perImeter ofthe bnck wall. Staff believes the proposed ConditIOnal Use PermIt for a cellular telephone antenna IS compatible WIth the land use and Plannmg's poliCIes ofthe ComprehensIve Plan and supports the applicatIOn. The CommISSIon IS unaware of any OppOSItIon to thIS applicatIon and It too supports It by consent. Joseph Strange: Thank you Dave. Madam ChaIrman, I will make a motIon to approve agenda Items 13 & 14. JanIce Anderson: A motIon by Joe Strange. I I Item #13 & 14 New Cingular Wireless PCS, L.L.c. (T/A AT&T) Page 2 Barry KnIght: I'll second It. JanIce Anderson: A second by Barry KnIght. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE KNIGHT AYE LIV AS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved Items 13 & 14 for consent. VlRBATIK - Aqua Sports, Inc. - #25647 - July 7, 1986 Mayor R. Jones: I hope the members of Council observed that a map was included with the 1IU.nutes for the 100 foot buffer along the creek line of the theme park, so that, 1.ll essence with the approval of the minutes would go the approval of that map as defining the line that was contemplated during the discussion. Do we hear a lIlotion for the approval of tbe minutes of the June, Mrs. Henley, I'm Ilorry..... CouncLLwoman Renley. "1 have a questLon about the condltl.OnS on the theme park, the hout's of operanon. I know there was so Dluch discussion, perhaps we all remember certain things. 1 thought that the mldnight clo81.ng only appl1.ed to weekends and hol1.days throughout the entire 8\!a80n. This says that weekdays. I'm not real sure. Maybe someone needs to clar1fy this point." Mayor Jones: "Mrs. KcClanan, did you lIake that motion'?" Councilwolllan McClanan: "Yes sir, I did make that motion, and I believe the way 1 phased the question was that there was some dl.ScuSS10n about it. It was /DY intent that it appll.ed from Memoc1.al Day to Labor Day, but 1 think there was some discussion otherwise that possibly it would only be the weekend. The way 1 made the mot ion is the way I thmk Lt is worded unless the majority of Council feels differently about it." CouncJ.lw01ll8n Henley: "Since I didn't vote Ln favor of it, maybe 1'11I not, that's not the reason Why I voted aga1nst it. My understanding of lt was that J.t was g01ng to be until mldnight only on weekends and holLdays totally, and even dur1.ng the summer it would be Just ten o'clock on other days. That was my understanding. I was Ilot real clear on that. Maybe others of you understand otherwise." Councilman Fentress' "Mr. Mayor, 1 don't believe there was any condition placed on the 12 o'clock closing, however, I, in later conversation with some of the management durlng the meetl.ng, I think that it was mentloned that dealing wLth the staff, tt would probably work that down to close when they want to. People aren't gOLng to stay there tlLl mldnight to start off with. I assume that wlll be handled with the staff." Mayor Jones: "1 thl.nk our purpose here Is slmply to make corrections in what ever is on che record of the meeting and not to reconsider the 1 tem. and 1 f I thlnk the maker of the motion has said that they are accurately reflected, 1f at a subsequent time some one wants to change some of those conditions, I th1.nk that would tak.e another matter. 1 don't think that's LII order for the adoption of the llIJ.nutes. Do I hear a motIon for the adoption of the minutes of the meetIng of June 23, 198&." Councilman Relschober: "So move." Mayor Jones: "Mr. HeiSchobec moves." Councilman Fentress: "Second" Mayor Jones. "Mr. Fentress second. Please vote" Councllwoman Henley: "If we don't think that this is correct, then we vote no. Is that correct? I've never voted no on the minutes before." Cl ty Clerk: "Mr. Moss, may I have your verbal." Counci iman Moss "Aye, 1 must not have been fast enough." City Clerk: "The vote is seven, excuse me six, seven with Mr. Moss's verbal to approval the minutes of June 23rd including the map." End. VERBATIM - Aqua Sports, Inc. - June 23, 1986 - 25586 - page 35 Mr. Cro1llWell: "I understand that J.f you walk out to the most dutance point on the (inaudible), you can see what lS there noW'." Councilman R. Jones: "Is anything going to be done about it." Mr. Cromwell: (inaudible) End. V~RBATIM - Aqua Sports, Inc. - June 23, 1986 - 25586 - page 34 Vice Mayor McClanan: "Well, lt's right by the what's there now though." Councl.lman 8aum: "And the (inaudible)." .Ir. Cromwell: "Mrs. Henley, that's where we propose to do the expan810n of the water park, put the lazy rl.ver facility in. The parks will be lntegrated." Councilwoman Henley: "But 1 think the reco1lUllendatlon that came from the staff and the PlannLng CommissLon would have included all of that arca in the buffer, the 200 foot buffer would have Lncluded all of that area." Councilman 8aum: -That's not the way I read it." CounCl.!lotOlll8n Henley: "Yes, but I can ask Mr. Whitney to check..... Councilman 8aum: "If you look at the Dl8P, that 200 feet..... Councilman L. Jones: "The map doesn't shoW' that." City .fanager' "Thl.S one does." Councilman 8aum: "Vell, it certainly lsn't necessary. What are you doing?" CouncilwoDl8o Henley: IIlOnths." "The Planning CommisSl.on looked at thLS very closely for three Councilman Baum: "They're not experts either. That doesn't prove anything." Councilwoman Henley: (inaudlble) Counci lman Baum: "They do have some good points, but they're not LOOX rJ.ght all of the time. Not even 90%." Vice Mayor McClanan: "When you look 00 the map. that is where it divides. 1 think that's suff1c~ent. .. lotr. Cromwell: (inaudible) Mayor Hcischober: "Essent~ally, aren't we bufferIng Owl's Creek." Hr. CrOlllWell: "You're creating a buffer, Mayor Heischober, from thill point 100 feet to.... Major HeLschober' "Yes, to the center lLne of the tributary." Councilman B8um: "As far as I'm concern, the staff stLIl has latitude on that (l.naudible) whether the (Inaudible) or not. 1 don't know why they can't work with what they've got." Mayor Heischober: "Alright, there's a motion on the floor, who second?" Councilman BaUIII: "I did." Mayor Reischober: ..the motion has been second." Councilman McCoy: "I call for the quest lon Hr. Mayor." Mayor Heischobec: "The vote is open." City Clerk: "Mr. Mayor, may ! ask YOI1, are you votIng on the amendment or on the amended motIon?" Mayor He~schober: "Amended motion." City Clerk: By a vote of eight to two you have approved the applicatlon for Aqua Sports, Inc. Conditional Use Permlt Irttb an amendment to item three condition, the amendment to item number eight about the Memorial Day and Labor Day, weekends. holidays, and adding any changes In plans come back to City Coutlcll." Councilman R. Jones: "Hr. Mayor, could I ask Hr. Cromwell one question?- Mayor Heischober: "Yea slr" Council..n R. Jones: "Just as a matter of Interest, there is a point of Wildwater Rapids that you can see from the eX1.StLng facility, what Is gOl.ng to be done, if anythl.ng." Ill! VERBATIM - Aqua Sports, Inc. - June 23, 1986 - 25586 - page 33 Vice Mayor KcClanan. "You mean 10 the P-17" Councl.lwoman Oberndorf: "Yes. Because he Bald d 1t were 200 feet, that the first 100 feet wouldn't have anything 10 it, but the second 100 feet back further would have whatever he had, l' m sorry. it's been three hours now, and 1 don' t remember." Mr. Crolllwell. "I don't think we can do. Mrs. Oberndorf. anything 1n P-l. We'll keep them all out, Mrs. Oberndorf." Councilwoman Oberndorf: "They are out of the 100 feet. but they will be ln the second 100 feet. You w111 have those cars in the second 100 f~et." Mr. Cromwell: "Yes ma'am. The question was the P-l and the 100 feet, and they w11l be kept out of there completely." Vice Mayor McClanan: "We can put some kind of markers in there that show the point at whIch you know the line IS so It wlll be there." Mr. Cromwell: "Yes ma'am. My clients want to cooperate, they've gone to a lot of trouble and expense.- Vice Mayor McClanan: "I apprec late that ve ry much, I really do." Mayor Heischobcr' "Mrs. McClanan, we're gOLng back to the origlnal motlon, and I think that we need an amendment to that for the P-l." Vice Mayor McClanan: "Yes, I would ..... City Clerk. "Hr. Hayor, should we withdraw the whole motion and start over?" Mayor Helachober: "What?" City Clerk: "Should we wLthdraw the whole first motion and start over (inaudible)." Mayor Helschober: "That's what Mrs. McClanan 18 gettLng ready to do." Vice Mayor McClanan: "The ~otlon then will be the same with the exception, the cond1tions of the motlon will be the same except for item number three, which will indicate that the applicant will re:!:one the 100 foot buffer as will be designated on the map and also wlth markers on the property to, that wlll be rezoned to P-I. The vegetation, the statement in here the 'no disturbance or modification', that will be modified to indicate that the applicant w1ll work with the staff as to what alterations or vegetation 1s necessary within the buffer. Is that agrecable1" Mr. Cro~well: "Yes ma'am." CouncJ.lman Baum: "And the 100 foot strip extends from northeast of the property to the center iine of thlS tributary." Mayor Reuchober: "That's a good..." Vice Mayor ~lcClanan: "Yes." Councilwoman Uenley: "Have to go aU the way around the way the 200 foot buffer was proposed." City Clerk: "Mr. Bau~. I didn't hear you. Councilman BaU!ll: "Frail the northern property on Owl's Creek to the center Une of the tributary which is marked number two there." Vice Mayor McClanan: "Yes, and where it d1.v1des. up to the..... Councilman Baum: "That's the only area that 1S visible from the Marine Science Museum, the other's not accompllshlng that." CouncllwOlII8n Henley: "That Ileana there wJ.l! be no buffer at all from the ensting Wildwater Rapids? No proh1b1tl.on on lltllinng that area down to that open..." V~R8ATIM - Aqua Sports, tnc. - June 23. 1986 - 25586 - page 32 Councilwoman H.enley: ~ The City Attorney is Parliamentarian." City Attorney' "The point of order is restricted to the body itself, not to (inaudible)." Vice Mayor McClanan: "I think we need some specific markers, would you show me again what part you are willing to rezone to P-11" Mr. CrOlllwelL "100 feet all the way down here from., this 1s the end of the property which 18 small tributary coming in. The Navy owns all of this. (inaudible) 100 feet down here to the north edge of this creek co.lng in here." Speaker: "Mr. Mayor, we can't hear. I can't hear, sir." Mr. Cromwell: "That's all you need to buffer the museum." Vice Mayor HcClanan: .'And to Just, Just there iihere it turns. You don't m1nd to right there." Mr. Cromwell: "No ma'am. That.s..... Speaker: "I'm sorry, we can't hear. 1 can't here back here." Vice Mayor McClanan: "Is the rest of the Council alllendable to that? Because to me this lS ideal, and it's certainly, H's not ideal, but H'S better than..... Counc1lman McCoy: "I don't see anything, yes, except for..... Councilman L. Jones: "Mrs. McClanan, if you, I'm perfectly happy myself with the P-l, W1.th the 100 foot P-l, but, there aga~n, 1f you're going back to the 100 feet, 1 would like to hal/e the vegetation myself." Councilman Jennings: "Revegetation." Councilman L. Jones: "Revegetation." Councilman 8aom: "Well, why not staff review of that, because..... Counciiman 8aum: "Okay. If HI'S. McClanan 1s wilb.ng to go with the P-I, 1..." Mayor Hel.schober: "Alright, do we have..... Counc.llwoman Henley: .'You asked l.f, I don't know who you were asking..... Vice Mayor McClanan: "All of you." Counc.llwoman Henley: "I would fecI 1.t would have to stlck with what the Planning CODllD1Sston recommended. I think they spent three lDOnths, we've had one week w1th this Information, and they hal/c sub-committees, and this 1s what was recommended. 1 WQuld not be able co deviate from the conditIons that they imposed." Councilman Baum: "At the same time I'm sure each and everyone of us thought about this a lot 8S we were going through l.t, and 1 know my previously conceived notion was that ~f you've really got iOO feet, that would be acceptable, but otherwise 200 feet. I think this P-l is as close as we're g01ng to get." Counc1.lman L. Jones: "That's a good solutton, that's the way to go. Vice Mayor McClanan: "1 th1.nk it's the nellt thing to gettlng it, It would be sl.lIlply. Would you not, Hr. Bimson..... City Attoroey~ ""es, I would." Vice Mayor McCianan: "Cause I discussed this with Hr. Bimson last week about what lllethods we could, if we couldn't obtain title, what would be the next best, I think this addresses that in a way because it will be like other P-l areas In the city." Counc.llwoman Oberndorf: "Hay I ask one quas tion, HI's. ~lcClanan? In your 100 foot preservation, will that still include those little thIngs we saw in the first rendl.tl.on of the park that Mr. Robertson sal.d that would be some type of ant1.que car that runs through it nnd somethlng else that someone else asked about a squiggly black hne." VERBATIM - Aqua Sports, Inc. - Jun~ 23, 1986 - 25586 - page 31 Counc~lman McCoy: "The motion ~s 100 feet." Councilman Fentress: "1 know what his was, 1 W8S talking about Mrs. McClanan's, and every body was talk1.ng about the staff working with the people. 1'18 just wondering about what kind of latitude do they have." Councilman McCoy: "If there are any major changes, you're going to have to C011lC back us for change of cond1.tion. If lIinor, they're notLEy us." Major Rcischober: ftAlrlght, if there's no further discussion, we'll vote on the substitute motion. " City Clerk: ftThe vote ~s five to five, your motion is lost." Mayor Heischober: "Alright, we'll vote on the orlgtnal mot1.on, which is the 14 itellS and, Hrs.. McClanan, correct me if I'm wrong now. On item number thrr.e, vegetatlon or revegetation, it says no disturbance on modtficatlon of the eXIsting contours, we're going, I tlunk, actually you've modified that say, revegetat1.on as determined 8S needed." Councilman L. Jones: "If you're going to the 200 feet, 1 don't care about th~ revegetation one way or the other, Hr. Mayor, it's up to Mrs. McClanan whIch ever way she wants it." CounCIlman McCoy: "I don't either." Mayor Ileischober: "Okay then, we' 11 go back." Councilman Baum: "If you do it nght, you can improve the situation. But you can get a bunch of silk In there c1atUling your revegetat ing If you're IIOt very careful. Nature can do a better Job then that.~ Councilman L. Jones: "The reason 1 wanted the revegetation Is that I felt the 100 feet that it would be necessary." Hr. Crotllwcll. "Krs. KcClanan, would 100 feet wlth a P-l loaning design8tlon satisfy you'! We can't gtve the property, it's a problem I can't explain nOli, but It can't be done." Vlce Mayor McClanan: "Now 1 think we're talking. You liould be willlng agree to the P-l designation?" Mr. Cromwell. "On the 100 feet where you need it." Vice Mayor McClanan: "You'd have to come Ln w1.th..." Hr. Cromwell. "From this point through here. But we want you to approve the balance of It tonight. Yes ma'ma." Vice Mayor M.cClanan: "You would not have a problem with that as a condition?ft Mr. Crotllwell: "100 feet froll this creek down to here is of the dezone preservation district, and of course. that would necessItate revegetatlon." Councilman L. Jones: "that's a good solution." Hr. Moody Stallings: "Mr. Mayor, could I have a point of order please." Mayor Heischober' "No sir, you're out of order." Mr. Stallings: "1 was asklng for a POI-Dt of order. ra18e a point of order if I eould by proceedings. Is that improper to raIse that? There's been a motion made and now the applicant's negotiation with Council, and 1 want to know if that's proper procedure." Mayor ReI-schober: -Well, I'm not an attorney nor a Judge." Mr. Stallings: ftYou're ruling me out of order?" Mayor Heischober: "Yes." Mr. Stallings: "Alright." VERBATIM - Aqua Sports, Inc. - June 23, 1986 - 25586 - page 30 to review and work wLth the people on and I think for our purposes of passing this tonight, we need to include thu, but 1 am qui te sure you do not need to go all the way back in there with the 200 feet, but I thLnk that has to be" Me. Cromwell: "That is what the Staff has recommended, that LS why I asked the quest Ion." Vice Mayor McClanan. morning, I think we" "I am not willing to change that here tonlght at 12:30 Ln the CouncLlman McCoy: "Hr. Mayor, I hate to Lnt~rtupt, but I thLnk we can talk about this all night. I think you have made your point and 1 think you are gOlng to stlck with Lt and the only way to find out, 1 am Willing to make a substitute motion and see if everybody on CouncLI agrees with your posltion or nu.ne. If au.ne falls, then I wLll vote for yours, I have no problem wLth that, but that way you 101111 solve It, we could go on all night arguing about this, but I am wiLLing to IlIllke a subs tLtute 1II0t Lon, that this be approved with the same conditions as Mrs. McCIanan enumerated on except that the buffer strip be 100 feet." Councilman Jennings: "Second." Councilman L. Jones: "Was the original motion seconded." Mayor Reischober: "By Mr. BaUlll." Councilman McCoy: "This way we get it off of consent anyway. Mayor HeLschober: "That's a substitute motlon?" Councllman McCoy: "That's a substitute motJ.on." Mayor Heischobcr: "All tbe conditions that was, now there was..." Councilman L. Jones. "Iolhat is the substitute motton?" CouncLlman McCoy: "The same as Mrs. McClanan's ~xcept that the buffer be 100 feet Lnstead of 200 feet." Councilman 1.. Jones: "You don't have the revegetation then." Counc.1lman McCoy: "Well, that can be added In. 1 have no problem with that part of 1.t. If that's the case, then 1 think that the revegetation might take car~ of some of the problems, so l' 11 make that a part of the motion." CouncIlman L. Jones: "Mrs. McClana'l did say if revegetauon was LndLcated, that at some places staff would work wLth the app11cant in that connectlon. I'm I correct." Councilun McCoy: "Basically the same thing." Councllun L. Jones: "Mainly, what you've got to do is keep thosc four-wheel drJ.ves off if you want nature to start working." Councllman L. Jones: ..Would your applicant have control over that? r presume he would." Mr. Cromwell: "Ob yes sir. You're talking about these lanes here, very differently. There would be not access to It unless they come Ln frolll the Navy side and not on the applLcant's property.... Mayor HeLschober: "There's a substitute motlon on the floor that 14 conditions, that this be approved with 14 conditions changlng condition number threc to 100 foot buffer, to 100 feet." Counci Iman McCoy: "With vegetatJ.on." ~~yor Helschober' .'With vegetation Counciiman McCoy: "With revegetat1.on." Mayor He1schober. "With revegetatLon as nceded. .. Councillll8n Fentress. "Just want to ask one questlon. When we talk about the staff working with them after we approve the 100/200 foot buffer, what klnd of staff latitude do we have to adjust the buffer. I don't know whether 1 understand that. I understand..." VERBATIM - Aqua Sports, lnc. - June 23, 1986 - 25586 - page29 Staff goes out and says two trees were knocked down, you call them up, you have Mr. Janazck call th.em and say you eIther repLant those two trees or we are revoking your condItional. use perm1t, 1t Is that simple." Vice Mayor McClanan: "Well, I think, Mr. Cromwell, there is more at stake here than Just that. We are talking about 3 cOlUlltment the City has ude wlth, and I do not mean to belabor the point, it 1s late, but we have spent a lot of money on the Museum of MarIne Sciences, but what we have gained 1n posltive lIllage for tbe City I thInk has been worth a lot of money and 1 think it is very possible for us to lose that value. The papers all over thls State and In adjoining statt!8, gave us the best coverage th1S City has receIved on anyone thing in this City that I can remelllber, all over the State, Richmond, Newport News, so forth and 1 thlnk that to maintain that 1.mage we have to stick to this, and I think we are not saYIng, Just as Mr. Baum said, that it 1S a posltive 200 feet, tt may be as the Staff reviews it, 1.t may be Ln places that Lt I118Y not be that. but 1 think we have to include this for the 1lI8x1mUII to achieve the effect that we want." Hr. Cromwell "Are you telling us also that these old tire tracks, the places that are denuded, do you us to replant those or not?" Vice Mayor McClanan: "I thought I answered Mr. Jennings by saying that most of this Number 3 I agreed With the Staff's reco~endation on not disturbing what was wLthin that buffer, but If when the Staff revlewed this, they felt that there were some points that needed to be that were really bad were the ba-ha~ng and so forth L8 all going on, that they could 1ndud/! that In theLr requirement, but I do not really agree with all of thill that was 8ub1llitted to uS as what all would be done 10 revi81ng what nature has done and the other parts of It. 1 would prefer to go baaically with whllt the Staff recommended." Councilman R. Jones: "While they are confernng, 1 wonder if I cou Id ask a question. I can see the 200 feet or something substantial Ln terms of vlsual barrier from up here, but 200 feet out of here which nobody can see, what L8 the point of all that?" Counc~lman Baum: "Well, that 1s the type of thing that the Staff might alter and then 1IIa.y also be stTaight-sided dltch, whatever lt is." CounCilman R. Jones: "I IIlelln that is where thlS part cannot be seen from up here, but th~s was going to be where the tidal flow was gOlng to be improved and the marsh was going to be re'~stabUshed, that all seems to me to be very posit~ve." Vice Mayor McClanan: "Well, it may be In that part. That is what I all saying, but we do not have a review that goes into each of these stt!p-by-step and I would prefer to make thlS recommendation on the wider side, with the Wider margin and if the Staff finds that that is 110t needed, then we can certainLy change that. But I would prefer to go with the maxtmulll." Councilman R. Jones: "Well, does that mean, for Instance, this little bridge eould not be put in?" Vice Kayor tlcClanan. "'!.'hey already have a permit and they are work1ng on that Httle bridge. When 1 was out there, 1sn't that the one that 1 saw? It is there, I do not think there is much that can be" City Manager Muehlenbeck: "I think, Me. Jones, that the Staf f have recommended two exclustons, one at the far north end where it says 'Owl's Creek Scenic Overlook', and, secondly down at the south end where chey were talking about th~ bridge, I think those were two exclusions that were already included." Mr. Cromwell' "Mrs. HcClanan, it is 1mportant chat th~s be clarified. When you are talking about these two small creeks that come ln, is it 200 feet around them also, because that takes up 18 and one-half acrcs of hIs property. Or are you Just talklng about the 200 feet down here?" Councilman R. Jones: "That i8 tne pOl-ot that 1 Just raised." Vice Kayar HcClanan: "My thought was that that buffer, what we are directing that toward is the Museum." Mr. Cromwell: "That is right." Vice Kayar McClanan: -And that, I would envision as being what you see down here and lnto the pOlnt. I thlnk we are Bettlng up a park that we have all agreed 1S a good idea for the City, but at the same time, we are trying to do it with a min1mum problems for a facLlity that we already have here and the thought is that, Lf it will provide the I/isual and the audlo buffer up here, I do not know the polnt on your map at which tt should start. 1 cannot tell you 1n thls, but what I am saying 15, 1 think that is something the Staff has VERBATIM - Aqua Sports, Inc. - June 23, 1986 - 2.5586 - page 28 wanted to ask also if you minded us including the part about any significant changes in the overall land use plan as subllll.tted would come back to U8~ Just simpLy stated that way, 'Any signl flcant changes in th is plan that you havlJ submit ted? ' " Mr. Cromwell: "Well, 1 should not think that wouLd present any problem, does J.t? My cIJ.ents have gone to a great deal of expense to seek out Mr. Robinson and bring him down to design this. I cannot J.maglne they would go to that kind of expense and trouble to flnd the beat in the fiel.d and then not baslcalLy be wllhng to Eol.low what he has recollllllt!nded." Vice Mayor Mc.Clanan: "I agree wlth that, but part of the parks that Mr. Robinson lndlcated he had been involved in are parks that do not have very much around them, the ones that 1 have been to. It seemed to me that we 3re addressing SOlDe considerat Lons here that go a little further than some of those sites do. 1 think those were the basic questLons that 1 had to ask. Hr. P1ayor, with those parts of my questions answered I would aalte a motlon that we grant the conditi.onal use permit baaed on all of these condltlons belng agreed to by the owner and appl1.cant, as well as the change 1n the Item NUlDber 8 plus the added cond1.tion about the signlficant changes in the overalL plan."1 Mayor Helschober' "Now, Mrs. McClanan, Number 8 wil.l then read, 'hours of operatJ.on from 10:00 AM to 12:00 midnight?'" Vice Mayor McClanan. "lrOlll Memorlal Oay to Labor Day and l.f they are open any other tlmes of the year lt would 8tll1 be 10:00 PH. You know in the sprlng and falL 1 would think that would be adequate. Weekends and holidays is what we had dIscussed. DurJ.ng the sUlllller." Coundlun Jennings: "Mrs. McClanan, on Condition Number 3, based on the lnforlll8t1on that Mr. Louis Jones developed during his questioning process, would you be wllhng to add the word 'revegetated I?" Vice Kayor McClanan: "Well, 1 basJ.cally go along wlth the Staff on their recolllll\endation in that regard and this 1S where thlS condJ.tlon came from and I really, I feel that I really would prefer to leave it this way." CouncJ.lman Jennings: "In other words, you are in favor of undisturbed, natural vegetatlon as opposed to going in and trYLng to give Mother Nature a helping hand?" Vice Kayor McClanan: "Ycs, 1 think so." CouncJ.lman Baum: "Well., I will second {t, but 1 do not think that precludes. when they get to workJ.ng with the Staff, lf between them they come up with SOllIe revisions in that strl.p, I assume i.t would come to us. But it is quite poss1.ble when you have more time than you do in this type of atmosphere that, the other thing is this 200-foot width is not gOJ.ng to be an e~act measurement type thing and they are gOlng to have to draw Lines between the points and they are gOlng to have to modify if soaewhat on the ground, so 1 do not see that 8S 8 ri.gid thJ.ng, but it is a definite guldellne snd if they sec some good plans and want to go along with the applicant, I do not see why J.t cannot be brought back." Vice Mayor KcCIanan: "I think the Staff can work with thelD on that because I think maybe in some of those places, It mlght need to be done, but all of these things I read that we got on here, I do not see those liS being essential. L baSicaLly agree with the Staff's recolIDendatlons." CounciLman Jennings. wMy second question, would it be possible to consider reducing this 200 feet to 150 feet, which is half a football field?" Vice Mayor McClanan: "{ do not think I can. If they were wiLL1ng to give tne 100 feet, I woul.d go with the 100 fect. If J.t were dedicated to us." Hr. CrOlllWell: "What difference does that make?" Vice Kayor HcClanan: "It makes a lot." Mr. CTOIIIWell: "It should not, though, for the purposes that we are discuSSlng. You know, aesthetic barrJ.ers and sound accentuation and you tell me g!ve U8 100 feet and it 1s fine, but If not, we are g01ng to take 200 feet, that is not fair." Vice Mayor Mc.Cl.anan: "What the rest of Council does :'lad how they feel about it, is obviously up to thelD, but I" Hr. Cro.well: "I can appreel.ate your conccrn about trees dissppearJ.ng and I know it happens, not with these people. Frankly, I have never represented this particular company before, e~cept for one other occasion. But if you have a conditlonal use permit and your VERBATIM - Aqua Sports, Inc. - June 23. L986- :')')86 - page 27 Councilman Jones: "It'll come back Ln t1.me." Or. Levy; "Yes, eventually." Councilman Jones: "It' 11 be back in two years, but you're right if you chisel pile it or did something else." Councilwolll8n Henley; "You've got to get the equipment in there if you do that." Dr. Levy: "But the equipment 1S gOl.ng to be nearby anyway, and 1. t can back right out of there, because the trails connect right in the~e. Councilman Jones' "You're never correct compactlon w1.th a vehLcle like you sa1.d. You use a chisel plow (inaudible), that compacts it." Mayor He1.schobcr: "Any other questlons, members o[ the Councll? p01.nt, I th1.nk..... I think ",e're at that CounciLman Jennings: "Could 1 make one further cOl1Dent. 1 gsther that all of this has been delayed poht1.cally, I get that lllpresslon frolll things I've heard and read, and it seems to me th1.s Council hss got (inaudible) thlngs going on. There are a number of things that some people have showed some pride 1n trying to wrap 'em up a 11.ttle bit before they left, 1 don't know 1.f that's necessanly bad, you're going to have four politicians replaced by four more politiclan, 1 don't know how you Judge a good politicians from the bad pol1.ttcians. The business of, the Councll has been concerned wIth theme park when was it two years ago, it's been a good while ago. If the Planning Commission had not deterred it twice, it would have been heard earlier, and I don't guess we'd been accused of anything. The Last t1.me 1 think. they d1.d what we might have approached a nine-hour meeting, which 1s not the best way when they got to that one hour, I think. after exhaustion they qUlt. It was an unfavorable environment. l just think. that all that poliUcal stuff has Just been one politician has accused another, but I don't think. any brand of them is so pure that they can afford to do that." Mayor Heischober: "1 will ask the borough Councilman and Vice Mayor McClanan 1f she will lead us Ln a IIOt1.on." Vice Mayor McCianan: "Hr. Mayor, 1 had hoped, when I had ask.ed the quest Lon earlier about the buffer that the property oll11ers would be willing tc) dedicate a smaller buffer, but since they are not going to do that, I feel that we have to go with the cond1tlon as stated here, you know, based on the recommendation of our staff. There are a couple of questions that 1 did want to ask regarding the cond1.t~ons. It seemed to be that .lUllber eight, the hours of operation are restricted from 10 a.m. to 10 p.lI. I wondered lf that, Mr. Cromwell, the period from Hemor1.al Day to Labor Day, if we shouldn't glve you all a little more flexibiL1ty as to the hours? Is 10 o'clock sufficient? 1 mean might there not be on the weekends you might want to stay open a lIttle bit later?" Mr. CromwelL "Mr. Gelardi advises me that maybe on the weekend you would. I didn't know how to respond. Th1.S 15 the first offer of flexibll1.ty we've had so far?" Vice Mayor McClanan: "1 went through the ..... Mr. Cromwell: "It lIaY be very advantageous to the oll11ers if that was more flexibllity 011 the weekends and hol~days." Vice Mayor McClanan: "It seems to me that if we simply, on the other application had said that the hours of operation should be from 10 to 12 midnlghc dunng, we said during the school teTm. it secms to me a better way to handle Lt might ~ from MemorLal Day to Labor Day t ilL 12 on the weekends." Hr. Cromwell: "And holidays?" Vice Mayor McClanan: "Yes. I haven't dlscu6sed this wlth the Council, but 1 would think that..... Mayor He1schober: "Weekends meaning FrLday night, Saturday n~ght, Sunday night? We better define weekend." Mr. Cromwell: "z do not know, everyday is like a weekend to a tounst. When they are here on vacation, days losc their meaning." Vice Hayor McClanan. "Well, it Just seelDB tn the sUlller, 1 know many 8lI11sement parks around the country do stay open until midnight and it seemed to me that we should give that addltional flextbihty. I certainly would not think any later than l1Iidn1.ght, but on Fridays and Saturdays and holidays and so forth, I would th1.nk it would be.. . And then I VERBATIM - Aqua Sports, Inc. - June 23, 1986 - 25586 - page 26 Mt:. era_ell: "Dr. Levy, they havc Salle more questions for you?" Councilman Jones: "1 asked Mr. Whitney a question about revegetation of that area that had been worn down and rotted out and so forth by Jeeps, trucks and everything and motorcycles and everything going through thet"e. In yout" op1n10n, can it be revegetatcd or not?" Dr. Levy: "Oh most certalnly. Thcre's no problem. As I sald, my doctr1ne 18 In ecology. I've been dealing with plans for 20 years. It doesn't look very much like a problem to me at all, 1n fact, I've seem many examplcs of th1s sort of th1ng done previously. It's bas1.caLLy a relahvely simple landsCliping Job. I simply don't understand where he 1s coming from or wherc he got thL~ strange idea that Mother Nature 1S such a beneficent sort of indl.viduaI that she's so sweet and lovely. I see IlI8ny of her dead ducks floating 1.n water every spring, it seems to me that we get this strange 1dea that l.f man puts his hands on it, it's s1nful, there's something wrong, let Mother Nature correct the th1.ng in her own way. That's sllly, it's not even scientific, If man can ~crew somethl.ng up, certa1nly man must be able to put a Ilghter hand on somethlng and correct it. What ~e're seeing here is a plcture of (inaudible) by a bunch of people who had no concern for haVIng but dOlng anyth~ng but having a lot of fun, that's easily rectifled, eaSIly reasonably rect1fied. We can create a sitution which is going to reduce the erOSlon presently gOing down into the marsh. Everybody seeu cot\cet"n about these marshes, yet we're going to let the marshes suffer for maybe 20 years untl.l Mother Nature decldes to correct it. Mother Nature 1S not going t.o correct the IlI8rsh back here, because she 18n't going to go tak.e the sill out of it." CounCIlman Jones: "Ok.ay, the pOlnt I'm getting at, Dr. I..evy, 1S 1'111 concerned about the first 100 feet 1n frolll what I think Mr. Baum referred to as the slx-foot contour. But, the first 100 feet Ln that rot or that roadway and all is with~n that 100 feet. My concern 1s can it be revegetated rapidly enough to serve for us as a sound buffer and so forth for the purpose that we'll talking about?" Dr. Levy: "Number one, as I 1ndicated, it's affect as a sound buffer will be IIlln1.maI. However. a8 a vlsual buffer, I thlnk 1.t' B critical. Simply going to place an evergreen buffer right slIack on the edge. The simple fact is that if you stand and look through the woods, there's no shrub edge. You're going to penetrate and see much deeper into the woods. If you go an plant native shrubs of the same type that would be grow1.ng there 1n 10 or IS years, and these can be transplanted easily from nursery stock and put in there, the whole job can be done in a 20-30 days tops. It would have a very beneficlal affect on the VIsual buffer and it would also make it that much more aestheocally pleasing." Councilman Jones. "Thank you." Councilwoman Henler: "You ind1cated something about removlng the silk, you're talking about dredging out the sllk." Dr. Levy: "This is the location in which we had dredging, which has taken the contours of what was a natural little gut In there and boxed it out. So now, we flnd no marsh growing here, because of the water. there's no edge, it's too deep, 1mmed1ately too deep. We have no marsh growing In here at all. 1n fact, what we have instead Is erosional undercutt1ng becausc of the effect of the storm water coming through the ditches and hitting this bank. You wiil, even if you stop the erosion and you can't plan any marsh in there it's too'deep. 50 the only th1ng you can do is IlIake it shallow. If you were to SOllie bow, wh1ch is imposs1.ble, make it shallow and not touch the bank, the grass stUI won't grow, because there's not enough light. It has to be open wlde enough so you can get adequate sun light, and it has to be tapered in such a way that the water lS shallow enough ln order to plant the vegetation so it will take and thrive and provide habltat for the young fish and the crabs and the other (~naudi.ble) that live in that Lnhabitant." Councilwoman 1\enley: "You also indicated thllt it's gOJ.ng to take 15-20 yeat"s for this area to overgrow. It seems to me that when you leave something alone, lt grows back a whole lot faster." Dr. Levy: "Which area are we referrlng to?" Councilwoman 1\enley: "The rut." Dr. I..evy: "The rut area, nght now, is many p laces so hd compact. There wi 11 be intera1ttent l1.ttIe ditches growing mosqultoes for a long period of tl.me until they eventually fill up to where the water docs not collect in to them. The ground Is mashed tIght. It is not the way 1t was onginally where the water could percolat.e dowu'tfard, vegetatlon could easily penetratc and produce a good coverage. What would have to be done in part to this area would be to treat 1.t agr\cultutalIy in oeder to loosen the soil, re a1r it so we have appropriate air penetrating 10 the roots that grow. Otherwise, it's not going to IlI8lte it, l.t'S going to be very very slow to come back. but anything but weeds, agricultural weeds." VERBATIM - Aqua Sports, Inc. - June 23, 1986 - 25586 - page 25 Nobody wants polluted water, if they do, they're id10ts. But, by the same token, we Just approved this canal number two projo:!ct. we Just got word that the Lynnhaven River has been closed to oystenng. 1 asked the questl.on repeated about the canal nUlllber two project which is goLng to be dumping millions and ml.ll1ons and millLons of gallons of water into the upper regl.ons of the Lynnhaven River, and I s81d why can't we get the Army Corps of Engineers to construct a sl.lk-basin so some of thoBe harmful pollutents, fertilizers from the farIDS, fertilizers frolll the yards, all of the petro chemicals. I said it before and let me say it again very qUl.ckly, we made Lynnhaven Mall construct two settlement ponds or holding basins, and yet the federal government, which 1 understand 1S the culprit here and not the city, Corps of Engineers sa1d we don't ",ant to build a silk. or a hold1ng basIn." Counet lman McCoy: "They sa1d it wouldn't work." CounCilman Jennl.ngs: everywhere else?" "Sure it would work, why wouldn't it work there if H'S working Councilman Bau..: "I stlll say you can talte care of that artificial canal with a huge, you might say created water shed, it would be a real be aUk basin alright." Councilman Jennings: "I understand that, John, but it could be dug out, and I'm sure it's not an engineering fete that's not possible, that's impossible. Often times, we see private enterprise come before this Council, and we ~mpose upon private enterprise requirements, conditions, and things that we as a government state, local and federal, are Just ~gnoring - do as I say, not 85 1 do. That gets to be a little tlring after a wh1le. I've made my point." Major Heischober: "Tom, d1d you want to respond to that1" City Manager: ~Yes, just on a couple of points. I think, Hr. Jennings, there are a number of proJects, and I'd be happy to l1.st them, even on some highway projects as an example. "'e try to take that in consideration and do take some acUon. Dr. Jones, you raised a p01nt earlier of the alignment of General Booth Boulevard and that area. As you recall, we lie have been. visiting and working some time with the National Guard regarding some nght- of-way on theIr property to IIIOVC as much of the two lanes as possible on the east side of the al.lgnment, even though that roadway has not been tied down yet. We have taken that Into consideration." CounCilman R. Jones: "Do you k.now what the distances u between that road and..." City Manager: "No sir, 1 do not know the distance, I'd be happy, from aerial photographs to get that for you." Counc1lman Jennings: Ml'm going to bet you it isn't much over 200 feet.?" Counc11man Jones: "Because 1 remember when 1 walked around, it's not 100 feet, 1 know when I walked there I was very, 1 paid Attention to can I see the road through here, and if you look carefully, you can see the sIgns along the road. Baslcally, it's effectively buffered. " City Manger: HI remember the first trlp when they were first getting it constructed, Max took us ~ack there, we (inaudible) back through the mud and the underbrush getting back to it for the first tlme, it s~emed like it was forever, but walking back it was really quite close. Councilman Jones: "From the road.. City Manager: "Yes s1r." Councilman L. Jones: Cromwell?" "Mr. Mayor, Mr. CrOlllWell had 8 expert here, was It Dr. Levy, Mr. Mr. Cromwell' "He WaS our ecologist." Councllll8n Jones: "Right. ia he still here?" Hr. Cromwell: "1 don't know. Dr. Levy." Counc1.llllan Jone9~ "Are you paying hUD by the hour, by the day. You JlIeao it's not coming out of your salaTY." VKRBATtM - Aqua Sports, tnc. - June 23, 1986 - 25586 - page 24 where they are most needed in the future, it could very well be If thlS ends up being that type of l.nfractLon. Then, the appropnate lI1ay t th1.nk It 16 to address that 'is for the City of Virglnis Beach to prograll the appropriate bike way lmprovellent program that is." CounciLlII8n McCoy: "Then be mentioned speed liuuts for the cOllllllunity which I would assume Traffic Engineering would be looking st anyway as the development Were to come on line." Mr. Scott: "Yes sir. I don't kno,", how Mr. Herzke feels, but I don't see any need not to do what Mr. Thoroughgood urges at tilLS polnt." Councilman McCoy: "Yes. 'Thank you Mr. Scott." Councilwoman ltenl.ey: "To follow on those same pOlnts, ~. Scott, the report subautted submitted by the applicant on transportatlon acceSs ind1.cates that they were proJect 2286 car trips. 1 beUeve in the transcnpt the Planning Co_ission used, it indicates, of course, we would ha'le to double that for the cars that go ll1. So we're actually talking about (inaudible). 1 didn't see a vehicle tnp generatlon from the staff." Mr. Scott: "In a case like that, as we did w1th some of the otber studies, we have to rely upon estimates I118de by the person that's going to develop this faeilUy." Counc1.1woman Henley: "'This study indicates that there assessment would have 60% of the cars coming from the toll road by South Birdneck Road for appro~isately 1372 trips, doubled would be about 2800. So, we're talking about that many trips through the Seatack cOllll1unity. 1 know tnat South Birdncck Road is one of our through the CII' for the targeted cOl1llllunity development proJect. 1 thlnk we've discussed (1.nI\udible}. This study in its self was indicatlng 60% of the cars would not JlJstlfy (~nalJdible)." Mr. Scott: "Yes ma'am. We look at projects quite frequently that have associated with them volumes of traffic greater than that. 1 don't think for 2000 veh~cle trlps per day we could Justify. or 4000 if it even comes to that, that llie could Jusnfy requinng such significant off-site improvements 8S for instance widentng Birdneck Road off-site burning for any length. 1 do think that you will see some break. my own personal feeling, is tbat you will see some break at Bells Road. it 1011.11 be more sign~ficant south of Bells Road than H 101111 be north of Bells Road. How D1Uch I don't know. 1 tb~nk that you will see something there. The only ~sy to be able to tell for sure ts to monltor the results sfter and be prepared if necessary to make the approprlate lmprovements. Improvements to South Birdlleck Road should, really should be contemplated anyway." Mayor Heischober: "Any other questions?" CouncIlman Jennings: "Mr. Scott, it would seem to me that lf this Council were approve this conditional use permit, and then lt were proposed in the C1~ public hearing planning process, I belleve the City Manager has already had two or three public hearings, so we're looking at funding and moving projects around in the Capltal Improvement Program. Would it not be reasonable to 8SSUllle that we would be able to expedite the South Birdneck Road illlprOveDJent proJect?'. Hr. Scott: "1 would not recoNmend necessarlly dOlng that and here's why. We have a number of road needs in the c.it)' that edse because of traffic that's on the road today, not imagine traffic or projected traffic or expected traffic. but traffic that's there today. My feelings. Mr. Jennings, is when B1rdneck Road gets to a situatlon where that traff~c is therp., then we'll be in a positlon to measure and to Justify, and if that's the case, then when it's delDOnstrated that need 1s there and that it can be designed 1n accordance with the community needs ln that area, then it's time to think about moving..... Councilman Jennings: "I wasn't clear. I didn't mean today, because I thlnk Mr. Cromwell said it was five or sIx year buLld-up proJect, so we've got ample tlme, so it seems to be that it would be reasonable for us to look at merglng the two proJects, the South 8irdueck Road Improvement Project while the park La in the conS truct 10n stage, so lihen the park opens. the road 1s finished. That certainly would not seem to me to be unreasonable, and would probably ~ndicate a llttle blt of proper planning." Clty Manager: "1 thlnk in add1tion to that, Mr. Jennings. that what Mr. Scott 1S also saYlng is that we would have to continue welghing that project as compared to other proJects." Councllman Jennlngs: "Well, we already know that the demaLns on those roads, and then it becomes very much a funding project too. The second point that 1 wanted to mske and that 1S Bob Jones hlt on a couple of things that 1 had tr1.ed to allude to when J referred to the LCAC nOlSe problem that we've got. The big bear 18 two mountaina away and we can see him and he's coming this way and he's going to eat all of us when they turn those LCACs on. 'Those of us who ate really conccrned about nolse. we've got thst one cOlllng. and it's definite. The other part that bothers me. the water quality aspect. bothexs alL of us. VERBATiM - Aqua Sports, tnc. - June 23, 1986 - 25586 - page 23 this developer when the people who are all interested in the enVLronment in theLr practice did not exerCLse anywhere near the conCern for the env~ron~ent that thlS appllcant is. Can you help me thLnk my way through on that?" Mr. Whltney: "Mr. Jones, I'm not sure (inaudible). I did not partLcipate in the review of the site plan of the Madne SC1.cnce Museum on the other ude of the cretlk. It's got differenent site restraints, there's a lot of things that make the develop~ent of that sLte different than the developLng of this site. The relative usage of this sl.te lS considerably different. (Inaudible). I don't know what guidance I can give you..." Councilman Jones: "You can see where the nature walk is and you can ilee the bare spot where the Erosion Commission put their facility. Again, it seems like the city's property. we haven't been demonstrating a great track record ourselves for ail of this envLronmental protection that we want to put on the prLvate developer. I'm Just gett1.ng a Ilttle uneasy about it." Major Heischobcr' "Any other questions for Mr. Whitney? Any other questions for other ~mbers of the staff?" Councilman McCoy: "I have some concerns about the polnts that Mr. Thoroughgood brought Up. and I liould Just like for you to clarify for rae what we can do and what we can't do in regards to his p01nts. One, he asked that Blrdneck Road be Lmproved for 2000 cars, do we halle that kind of authority to require that?" Mr. Scott: "Of the developer? No sir, I don't think so. I think that the proper approach to the Birdneck Road question is to look at the entLre road from General Booth Boulevard to whatever is terlRinus at the other end appropnate whether it be Bells Road. a lot of traffic forks off at that point, or possibly all the way through to the southern terminus at South Birdneck Road prOject where lt's already four lanes. There lS a concern today for trafhc that goes through that r~sidential neighborhood, one on the thrust of the AQ prograra or the study we did in conjunction with that is aimed directly at his concern which has to do in tillS case with lndustnal traffic being unllecessar1ly being routed through that resLdent1al neighborhood. Of course the thrust of that \s to do what we can to not to encourage that to continue. It could be, in fact it W'111 be, that if thls project is approved, there will be some additional teafhc along Biedncck Road. What remains to be seen. of course. L8 exactly hOli much and what patterns that takes. It's fairly certa1n that pattern will be a seasonal pattern, it will not be as severe at sOlRe points of the year as it is at others. The volume of traffic, the increase, could reach anywhere from 1000 vehicle trips per day to perhaps as high as 2500 or 3000 vehicles per day. we really are Just going to have to wait to see how this park develops, how fully it develops. how successful it is and exsctly where the traffic is going to come from. We can make guesses or estimates today as to how much of it will COliC from the resort area itself, in whl.ch case, I don't think Blrdneck Road will be impacted at all. On other cases, lt won't be coming from that direct Lon, It will be comlng from other parts of Virg1nla Beach or perhaps other parts of Tidewater, other parts of the state, in wh~ch case ther~ 1S a chance either the ent ire length of Birdneck Road or th~ southern length will be impacted to some degree, again, depending upon the effocts we lUke to affect thl~ routing of that traff1.c, and depending as well as the exact mag.\itude of that traffic." Councilman McCoy' "The bottom line ~t thlS point lS ~ don't have any basIs on wh1Ch to make a requirement of that type?" ~lr. Scott: -No sir, 1 don't think so." Councilman McCoy: "NumbeT two, proper traffic controls lnstaLl.ed was one of the requests that was made. I'm assuMing that there will be required traffic lights or whatever foe the entrance way of the park and that type of..." Mr. Scott: "Certainly turn lanes and other lIICasures l1ke that will be found appropriate." Councilman McCoy' "As far a8 the sLte plan?" Mr. Scott: "Yes sir." Councilman McCoy' "Adequate pedestrLan and bike ways. I'm Thoroughgood was referring along the front of the property or what. not sure whether What is the..... Hr. Mr. Scott: "Again. the only way to appropriately address that is to address it before the entire length of Birdneck Road. Bike ways have to C01IIe from somewhere. We do have a bike way improvement program l.n Virginia Beach 8S implemented through the eIP. and It has provided us with bike ways, you all are fa~lllar with them being constructed where needed. where deemed to be most needed throughout the city. If lt's deemed that this \S the area VRRBATIM - Aqua Sports, Inc. - June 23, 1986 - 25586 - page 22 Councilman Jones: "You're not suggestIng, 1n other words, your suggestion would not be to ask the developers to do someth1ng to encourage the revegetation of the arear Mr. Whitney: "No sir, not unless it can be accompany by a landscapIng plan that would indicate the ell:act nature of the restoration they propose, how it can be conducted, what ~as going to be the final Counciiman Jones: -Okay, if that were to take place. would that affect your reco~endation as far as the 200 verses the 100 feet?" Hr. Whitney: "No air." Councilman L, Jones: "1 have some questLons for Mr. Scott, but I'll wait until everybody's through with Hr. Whitney?" CounciLwoman Renley: "You mentioned a lot of cond1.tions to thIS 200 foot buffer that It should be measurered from the high water I118rk and so Eorth, are all of those things that you consIdered important incorporated in thIS?" Mr. Wh1tney: "Yes ma'am. Everything we consider important has to be has to be (inaudible) the buffer lneluded In the language transmitted to you by the (Inaudible)." CouncilwolI\8n Henley: "Did this come, I believe there was a sub-committee of the Planning Commission. Did this prllD8rl1y come [rolD the studies of the sub-collllllittee and staff combined?" Mr. WhItney: (Inaudible) CouncilwOlIIan Henley: .. I vote for a sub-collllllittee report." Hr. Whitney: "There was no sub-colllllittee report per say, It was there preference that the Input derived from the activities of the sub-committee be lncluded In the staff (inaudible) so it would be part of the written record. There Is no report." CouncilwOII8n Henley: "This IS the result, then, of the staff's sub-c.oI1lJll1ttee investigation and study." Councilman R. Jones: "Mr. Whitney, I don't know if you're the person to ask about this, but if you know, lI\8ybe you can help enlighten 1IIl!. Do you know what the width is of the land that the museum sica on on General Booth Boulevard and <Ni's Creek?" Hr. Whitney: "Off hand I don't. It would Just be a wild guess." Councilman Jones: "Looking at the map het'e, it looks to me it's about 500 feet, does anybody know? From General Booth to <Ni's Creek would be 500 feet, that's a pretty good calculation. When you take the nature walk and you go in " counter-clockwise llIanner, you get to a point before you go over the little pond, that l8 very close to General Booth Boulevard, I would guess that's 100 feet at the IDOst 200 feet, it cannot be very far to General Booth Boulevard from that point. Would you say that it's 100 feet to the righc;- of -way?" Hr. Whitney: "I've never beell on the walk l.tself, but 1 hav1ng Looked at the aerials, I would think that it's a little further than 100 feet to General Booth Boulevard. If you look at the shde, it's not too much closer to the actual pavement of General Booth Boulevard than it 1s to the Karlne Science Museum building itself." Councilman Jones: -It is more or less even with the end of the building. I guess the people who designed the facility were aware that was going to become a four-lane highway in the near future, that was on the bond referendum. It seemed to me. when I was back on that outpost that they have the signs there about the wildlife, that that wa~ falrly buffer from General Booth Boulevard with not a great deal of distance. 1 also remember the day when Ms. Creech let all the balloons go down there when we opened up the site, the thing was very overgrown, You couldn't see the creek from whertl the sign was located. When they built the IIUS(!Um, the went in and cleared all that stuff out, and !lOW there's not, as far as I know, hardly a tree, maybe a tree left. r'm getting a sort of fairness here, what's good for the goose is good for the gander, the people who are for the museum which teaches us about ecology and the interaction of the environment and life-cycleR and what not, they've gone in and Just absoluttlly strLpped thls area, they've put a parklng lot in there with, I hope, appropriate site plan control on the drainage into the creek. But, it doesn't look to me that the care was taken in the development of that faCIlity matches what the testimony, the comments that's been made to us tonight, that this deveLoper is willing to do. I'll sitting here thinking about the matters of fairly (inatldible) and balance between about what we ar~ trying to requlre as being contemplating we're going to requIre VERBATIM - Aqua Sports, Inc. - June 23, 1986 - 25586 - page 21 across from Owl's Creek. Certainly, the impact, the potential impact that 1t would have when viewed from the Marine Science Museum. We felt that was an Important feature to preserve and protect regarding the aesthetic performance on the slte. The last one had to do wlth nOlse snd l1ght penetration from the site. We realize that vegetation alone w1l1 not sound proof an amusement park, but we do feel that it will enlarge measures to (1.naudLb1e) must of the noise and light that might i1Dlllanent from a use such as this during the summer months particularly the evenlng. To that end we felt that the 200 foot or that a buffer should be configured as follows. 200 feet In wJ.dth, it should be measured landward from the main high water line of Owl's Creek and its dlstr1butaries, the existing vegetat10n should be undlsturbed, and that no alteration of the edstLng concord should be allowed wlthLn the 200 foot buffer. Further, that access to that 200 foot buffer should be strict Ly minimized to the area WhlCh was shown on one of the site plans that we refer to as the scenic (inaudible), Lt's on the northeast corner of the parcel, and that area down on the close proximlty to the southern distributary wh1Ch is referred to as a pedestrian bridge. We felt those were the tllO areas, j f any at all, were best being accessed within the 200 foot buffer could be accolBlllodated. That's what we felt ",ere necessary, we feel that's easily measured, and the clarity of the aspects of the buffer was sufficlent enough to let there be no (inaudible) tibat we expected to see and have relll8.in witlnn that. We think that in all cases, 200 feet wou Id be adequate gi"en the retentlon of the eXl.sting vegetatLon, the trees and the understory, and no alteratlons to the (inaudible)." Major Heischober: "Questions, IDCllIbers of Councll?" Councllman Jennings: "Mr. Wll1tney, 200 feet, 300 feet, 100 feet, I think ..ost people on this Council at one time or another has walked on a football field. If you stand at one goalpost and look down tbe football field to the other end of the field and look a goalpost, that's 300 feet. It seems to me 50 yards beLng 150 feet would be aore than adequate for e"erything you've Just described. Somet1.mes we get caught up in these dtmenstons, and we lose sLght of what we're really talkl.ng about 1n terms of true distance. Would you have any problems with 150 feet? A half of a football field?" Mr. Whitney. "Mr. Jennings, We look.ed at 200 feet, at 100 feet, and we related it on the site plan on the topographic map to the exact configuration of the shore line, the marshes along the mainstelll of Owl's Creek and along each dLstributary. The shore hne of the concourse (inaudlble) even perfect shore ll.ne with graduated concourse up fro. the water. It was our feel1ng that 200 feet was sufficient to accommodate the (inaudible) nature of the shore line would penetrate up to the wood area to include enough of It to Yleld some visual (inaudible). Now a lot of that 200 feet in some areas is slops. In areas where tbe slop Is lIilder than the actual penetration of the uplands is not going to be that great. In other areas it will be much greater than where the shore line ..." Councilman Jennings: "Let 1lIC, if you "'ill, continue my questlon Mr. Whltney. I don't do this faeC1tiously, I do thlS wah a specific purpose in mind. I was very Interested to night to hear about all this concern about noise. LP.t me ask you, how WIde Is going to be the buffer around the LCAC base that's gOlng to produce dec1.ble levels within the 90 to 100 range around L1ttle Creek Amphibious Base which Is Just a stone's throw up General Booth Boull!vard from tIns locaaon. What's going to buffer the nOlSe from the LCAC base as far as the Croatan neighborhood is concern? Where was all the concern when we were fighting that battle about noise?" Mr. Whitney' "Mr. Jenn1.ngs there was tremendous conSlderatlon as you are well aware. We don't have the opportunity to do federal projects to invoke conditions upon their use of property, but to answer your question directly, they're using other nOIse (inaUdible) llleasures such as (inaudible) to reduce to the extent that they need to noise that would be characteristic of the operatlon of ..... Councilman Jennings: "Let lie state it a little differently very qUlckIy, that is, the nOJ.se that may immanent Erom such a factlity as this, if you compared it to the noise that immanents from one LCAC as you heard it, I think you were with us on one of those trips, and you take 50 of those that are gOlng to be operatlng on this beach, the comparison pales, it not even worthy of discussing. So, it's in the exact same area. 1 Just thought It was interestlng that at that t tme we had a seven/four vote on the LCAC issue, and we're getting the LCAC base. Thank you Mr. Mayor." Councllman L. Jones. "Hr. Whitney, I went out and looked at the property, and apparently about, I guess, 30 feet Ln Erom the shore line is where the ruts are frolll where the cars or Jeeps or whatever It is has been running around the edge of the property there, so forth. What is your suggestlon, or what are your ideas as far as revegetatLng that particular in there, and how would that affect your assessment of the 100 verses the 200 feet buffeT.~ Mr. Whitney: "Mr. Jones, tbose ruts that were created by the propety by smalL vehicles were within the 200 foot buffer. They banks in most cases. My recommendatlon 1s to leave them alone. statu, that area will reclaim the SOLI." unauthorized use of the are above the top of the If left in an undisturbed VERBATIM - Aqua Sports, Inc. - June 23, 1986 - 25586 - page 20 Major Heischober: "Other questions?" CounC1.1man Baum: "How do you identify and protect the (inaudibLe) 1.n the area? Oue of the biggest weakness (1naudi ble) 1.S that it looks good on the plat, but, does anybody know where it is on the line?" Mr. Cromwell: "1' 11 tell you what you can do in this case, Mr. Baum, as a cond1.tion of your conditional use permit, you can require us to subm1.t a topographIcal survey and the measurLng pOInt from whatever you determine the buffer should be would be marked from that back and 1.t would become a permanent part of your record and that could be super imposed over any site plan later Submitted by the appHcant. If they have encroached into it or plan to veer the site plan projections, there stopped. I don't see 1.t as that d1.fficult. 1 don't think you have to make people give theIr property away to accomplish this." Counc1.Lman Baum: "I agree with it, 1.n fact, I notLce here there'd a 200 foot from the high water mark and the earlier, sInce it's been discussed, about a width measured from the si~ foot (inaudi ble). 1 didn't study the 1IIaPS thoroughly enough to know that you bad a 100 foot strip west 1.n the six foot condure. I assumed that was somewhat Ln between 100 foot and 200 foot. The place that the fellows have enjoyed their Jeeps on is not very natural right now and nothing to be proud of at all. It used to be wetlands I adsume.~ Mr. Cr01llwell: "I mIght add that Dr. Levy's recommendatLons are all acceptable and the applicant is will1.ng to commit to each suggest you make. The only dcv1.ation being of this southern most creek. Dr. Levy has suggested that the banks be reco~tou~cd because of prLor damage by unknown long before the applicant. Your staff says leave them as they are. You tell us what you want us to do, what you think is most sound ecologically, and we'll glad to do that." Counci lun BaUID.: "it sounds that needs repairing, but really I think you have a point. If you identify the six foot contour and say 100 feet west of that, it isn't going to be but 200 feet. This part should have gone to the Wetlands Board it use to be wetlands. The staff can 1derttl.fy that (inaudible). 1 guess you can. I don't want to see our staff hiding behind myrtle bushes (1.naudible)." ~1ajor Heischober: sorry." "Any other questtonll for Mr. CrOMwell? Were you finished John, 1'11\ Councilman Baum: "We need some comment, t think, from the staff, and who it comes from is how they would be able to protect such an area 1 have mentioned or whatever ellle we lIIight come up with.. Vice Hayor McClanan: ~I tbinlt Hr. Rawls might be a good person to add~ells the quelltlon concerning the buffer, and I think..." Councilman Baum: "He's not on the staff to work with the plans." Vice MaYOr McClanan: "But I think in turns of what they cons1der acceptable, we've left the owner of the property, and I think we would have to go on tD p-l.ther Mr. Whitney OT Mr. Scott address. 1 would be very interested in hearing Mr. Rawls opinion as to what the people he works with at the museum thinks about all this. I have a real problem with just saying we're going to set aside an easement. I've seen too many trees Ln this cIty set as1de on pieces of property tbat got cut down by mistake. I'm not willing to do that now. Maybe I can hear some good reasons as to why we should. That's why I'm looking for those people to tell." Mayor Heischober: "Mr. Scott, would you or Mr. Wh1.tney wish to address that questton?" Mr. Scott: "Actually, I th1.nk Mr. Whitney gave a very good explanation of our position at the Planning Commission, I don't know Lf you got a chance to read it, but I would like to ask him to do 1.t again, he did a very good job of expla1.n1.ng." Mr. Jack Whitney: "Mr. Mayor, we felt in reviewing thls condittonal use perlll1t the nature of the (inaudtble) the appropr1.ate conditions could be developed 1.n oppose to (inaudible) the permit, which would reduce or medigate the impac.t normally associated with the use of that kind, otherw1Se, we List it as princ.1ple use zoning. The primary conditton we felt wouLd accomplish being in the form of a buffer. We wanted a bufff!r that would perform three funct1.ons In thIs case, one being environmental in nature, that would protect to the greatest extent possible the marine eeo system from Owl's Creek distributary as well as the upland and marine habitat currently present tn the Owl's Creek system. We're looking for one that's provLded some aesthetic function. MaInly, in the way of visual appearance. We wanted one that would visually opaque. One that would provide cont1.nulty of the shore line appearance, there lIIay be, there were some proposals for signi f1cantly altering the shore line on th1.s site, and It was our op1.nion that the important th1.ngs was the visual conunulty of this sbore line and the celationsh1.p of the shore line adjacent to Lt and "I VERBATIM - Aqua Sports, Inc. - June 23, 1986- 25586 - page 19 a welcomed addition to our taxed base. The only relevant thing that I know that you have to discuss is the question of the barrler, whether it be 100 or ZOO feet. I've suggested to you chat depending on what its purpose lS, 200 feet certalnly lS excesalve. Dr. Levy has told you that te's for aesthetic purposes, you don't need more thao 25 feet. We wouLd actually prefer that you not plac.e any distance on it, just leave it up to yout' staff in working w1th our clients with a conditional use permit to provide an adequate buffer for whatever person. I can assure you they will see that your lnterests are protected. ~lr. Mayor, we have noth1.ng else to say. Everything's been Laid before you in great detail. We respectfully request your favorable consideration." 1'1ayor lleischober: "Members of Counctt, are there any questions for Mr. Cromwell at this time?" Vice Mayor HcC.lanan: "I would like to ask him one quest Lon before we ask the staff whatever questions we have. Mr. Cro~eIl, the verbatim from the Plannlng Comaussion only indicated the buffer as a conditlon. My question is, how lIuch are you all wlll1ng to dedicate to the lIuseum Ol' to the city or to somebody as a buffer?" Mr. Cromwell: "There LS a neccs81ty for ded1cation. We're talking about maintain a permanent open space as a condition of your condltional use permit to preserve in Lts natural state with walk outs similar to those that the museum has now with no construction wi thi n this area, and a total replanning of those aress adjacent to OwL's Creek that have been destroyed by those four-wheeled vehicles that have gone up and down here for several years. " Vice Mayor McClanan: "So you're not wl!11ng, 1S that what you're saying, you're not willing to dedlcate it?" Mr. Cromwell: "We are wil11ng to dedicate a perpetual easellent so nothing can be done on this property now." Vice Mayor McClanan. "But not ownership." Mr. Cromwell: "No, that's never been raised before to rqy knowledge, Mrs. KcClanan. 1 think that you're gettLng ready to talk about a very s~vere penalty, because you're talklng about a piece of waterfront property, and dedlcat1ng all of the waterfront to the dty. '['m suggestLng to you that tf your purpose ts to provide an aesthetLc barrier and a sound barrier, you don't have to require us to give you the property or give the museulI the property in order to accomplish this." Vice Mayor McClanan: "Well, I'm asking you the question, Mr. Cromwell, 'cause I need to know that to need to know what I can do with my motion about tins lIluseum, because Lt'S been my experience in the past that while lIany things sound good at the tllle of conslderation of rezonings, property owners change, condit lons change, many thi ngs change. In looklng ahead, r thlnk to preserve what .8 the best interest sometilllu8 we have to thlnk Ln terms of what lt might be when you and I are not here two years from now, five years from now. All I'm asking Ls t need to know this for my informatlon. If you all are not willing to ded l.cate anythlng but Wll.l Just give us an easemel\t..... Hr. Cr01llWell: "Excuse me, Just one correctlon. If this was a rezonlng, I would agree with everytlang you say, because people get thelr rezonings and then have a habit of folding their tents and fading into the dark. This 18 an application for 11 conditional use permit..... Vice Mayor McClanan: "I'm aware of that." Mr. Cromwell: "over which you have broad discretion to impose conditions, and we ran into it in the sandpit you recall sOllie months ago. You also have the authority to continue to monitor those through your staff, Mrs. McClanan." Vice Mayor McClanan: "Yes, I know, but, Mr. Cromwell, even on the other applicatLon of the amusement park, you know the preVlOUS one a year ago, we had a 100 foot buffer str1.p Just in that applicatl.on. Certainly, the clty has far more invested here as far as our personal lnturest in regards to our citizens. It seelllS to lilt! , that was a year ago with another piece of property." Hr. Cromwell' "We're not oppose to the buffer." Vice Kayor McClanan: "All right, you've answered my question." Mr. Cromwell: "You asked tf we would give it, lt would be s1l1lple. "r response to the that is that we are unable to, but we'll willing to accomplish your purposes Ln other legltimate and valid aeans as other applLcants have." VERBATIM - Aqua Sports, Inc. - June 23, 1986 - 25586 - page 18 Ms. Beverly Woodhouse: "To the Honorable Mayor, members of City Councll, my name 15 Beverly Woodhouse, and I'm here as a representat1ve for certa1n family members who own land who own prop~rty on Rudee Inlet. Maybe theIr ownership of the property can give you S~ insight as to why, perhaps, the expedition of this case was called for. The United States government on May 16 of th1S year, took, made a declaratLon of tak~ng, or In other words took the air rights on these people's property. They own 7.975 acres of land. on Rudee Inlet. I think wbat was not anticipated though when the Navy took this land was that the famUy would fight th1.s, because this family owns land on Rudee Inlet, and as you can see by these two petitlons were answers to the court that you will CIrculate that these families have, indeed, filed wlth the courts, federal courts, that they are against the taking of theIr easement. I think that they have a rlght, a purpose to be represented here and to have thelr concerns known and to let it be known that they are opposed to the theme park in its present location. It would be detrimental not only to the environment that is present, but also 1t would be det~~mental to any realdenttal development they are planning to do on theLr property once they have won theLr case Ln course. 1 hope that you will consider these papers that have been filed 10 court that you ~ilL consider their position, and that you will defer any and all legislat1.on, any decisions that are made here tonlght on this until they have an opportunity to let theLr pos~tlon be known. Thank you.~ City Clerk: ~Your Honor, that 1s all of the opposition." HaJor Heischober" "Me. Cromwell" Mr. Crollwell: "Mr. Hayor, we don't have cable TV ln our house, I'm SU1:e my wife is not golng to believe that I've been down here this late, so I may have to ask you for a note to take home, 1f you don't m1nd, if 1 get in trouble, I'll be calhng. I will be brief, 1 koow you have heard that severaL times tonight. SOlie of the speakers up here, 1 frankly could not tell whether they were for or against It, or whether they were talking about the same applLcatton 01: not. An appllcat10n of thIs magnitude, 1 understand, is very difficult for you to keep in perspective, we have had people teLL you they've made contributions to the museum, my cllents made a $100,000 contribution to the museum. We don't vIe~ this as a theme park verses museum confrontatlon, as a matter of fact the fLrst property proposed to be exchanged by the Navy, called ror my cllent to acquLre all the way up here and to avoid impact on the new museum, which Is a fine facillty and certainLy a sign of maturing withLn our cUy. the !.ine was moved down here. If you come out on the salt marsh walk to the southern most point, the only thing you can or will ever be able to see ls what is here nght now, and that's Wlldwater Rapids, now what 1S proposud before you thIS evenlng." Councilman R. Jones: "Could I 1nterrupt you for Just a second. What ls the distance from the nature walk to the neares t po Lot of the park?" Mr. CromweLl. "About 1500 feet. I might also pOInt out tn that Ilne, Mr. Jones, as a matter of interest, we've had aerial photographs made of Busch Gardens and Kings Hill, the very fine recreational area, and tbe brewery. They are within 1000 feet of Busch Cardens and the brewery, the homes and golf course that is. Mr. StaLllngs, I believe, has copped out before you this evening, Mr. Stalllngs is a [rLend of mine and he and I are attorneys on opposite aide, but basically, that is how I view his position. He told you his cllents had no funds to hire exp~rts. well, they had money to hire him. 1 don't think he works for noth1ng. fie told you you didn't have enough Lnformat Lon before you. liave you ever had more? Have you eve1: had reports from acouRtlcal engineers from envlronmentalLsts, Dr. Levy, from Dr. Fuller the sound eltpert, can you ever recaLL havlng morc lnformat1on on any application that came before you? NOlle to my knowledge. He sald that it was expedited, therefore, nobody had a chaflce to speak. on it. Please remember that thLS was heard by the Planning Commission 1n Hay, advert1sed and heard agaln firRt ln April, I'm sorry, then in May, and the thIrd time b~fore the Plannlng Commission In June. This 18 not something that came up and Is suddenly to you, in fact, 1.t should have been resolved several months ago. Some of the peopLe that's spoke I simply don't know how to them, the last speaker, Mrs. Woodhouse, suggested to you that the Navy does not have the power or domain, therefore, the certificates they filed to elther acquire the property, it would be simpl1er to take the air rights adjacent to this property Ls not going to be successful in all due respect to Mrs. Woodhouse. 1 think they do have the power. I think everythLng around thls LS going to be Navy property or have the easements taken over. Mr. ltouston, I have a lot of respect for Mr. Houston, but I don't know if he spoke against the theme park we're proposing, the Navy owns this property, there'll be an exchange, there W1.l1 stlll be an au nghtll easement over it. We could not butld affordable housing for the elderly on this property if we wanted to. The Navy won't let U8 do it. Everybody stood up sald that they weren't opposed to the theme park, but they then went orl to tell you this and that, and I would suggest to you that lf you follow all of those suggests, you would never approve anything else in the City of VirgLnia Beach. Please try to keep Ln perspectLvc what my client wants to do. They want to build a theme park, and they have answered every iegitimate and reasonable concern that's been raised, and thlS utter comes to you with the reco_ndation of your staff and with your Plannlng Commission and with every assurance from the apphcants wtuch you control under your cOfldit'l.onal use permlt that this will be a high quality park and will be developed 1n a w_y that thlS Clty will be proud of, and it will be '" I VERBATIM - Aqua Sports, Inc. - June 23, 1986 - 25586 - page -17 surrounding areas need their pay for plans addressed before you can turn to any any further closing in surround and drown and swallow up procedure. To brought state roads to the railroad and quit, 8tarted and restated on phases 1 and quit, yet in the meantime zone changes have been allowed to slip through and pass. I'm saying to Council - Old Seatack - not CIP or CPI, Seatack is cause not Just a place, it's cause, and 1 hope you will not forget. We need our cOlDlllunity needs re-assessed and addressed promote It now before you allow anymore problelllS. We were never kept up with the road problems in this city, it's partly because you don't try to finish what (inaudible) commitments. Thank you." Mr. Sam Houston: "Cood evening, Hr. Mayor, members of the Council. I'm usually for (inaudible), but I haven't got the guts to take time for everythIng 1 have heard said this evening With reference to this park. 1 would like to say to you that t started when in '65 when I cal1lC to Virg1nla Beach. I know South Birdneck Road, that area, Just as well as anyone, I use it every t1me I come down here. It's been paved recently, wh1ch you're going to have to expand 1.t, and that brings l1Ie down to thing, 1 was on the Plannlng Colllllission for four years in the '70's. I exercised some thought as an attorney at that time, not in prlvate pract1ce, and I resIgned from the Bar, because I'm devoting my tlme to people who are handicapped and elderly and need your thinking. It costs money to do the things that should be done, and that refers to highways. You've got to have cOl1lDlunlclltions. Forty years ago I represented AT&T 1.n Washington, DC and Capitol lUll, in connection with the construction of the lnterstate system. I was a rlght-of-way man. I was also president of the AmerIcan Right-of-Way Association now callcd the International Right-of-Way. I became its attorney. I was not a lobbYlSt, but I learned a lot about politics then. We have politICS in this city no matter hoW YOll cut .Lt anyone way or another. But, what I'm sayi.ng on this theme park is no quest ion that they have presented a marvelous case, but wh,~re does it go with reference to the communlty, and what 1.S needed In the communJ.ty now. Randlcapped people are one of the things I'm concerned with as well as elderly. We had testimony from the Chamber of Commerce a member who's on the Planning Commission right now. I've tried to prevail on them many many times to provlde affordable homes in thIs city In Op~11 cOllllDUn1ties. I'll be as brief as possible, but that gives you at least a glimmer of some of thc th1ngs you know that've done. You ask me to become a part. Pat Standing was in the Mayor's part when he appointed me to, at that time was under Hun Where we were going to develop a Housing Authority, wh1ch we have deve loped over the years. 1 think some of the thoughts that have been gIven to you tonight are appllcabl~. I do think that you bave a responsibility to look at the money that LS coming In if that is what you're going to vote for, or provide some of the things that are needed. One very fine suggest was that more rules be lald down from the tllDe you approve this if you approve it as to where it's going and what they do. There was an editorial in the PiLot the other day at Harborfest where some of these gangs came In and spoiled it in the clos~ng hours. Those are some of thl! things that are going to have to be thought about, and I'm not chastising anyone for colling up with th18 authority, because I think that the thelllf:! park does have some merits, but in doing what you should do, you try to force them to come down to what they plan to do, I'd like to takc the case (inaudible), tbLS is s1mply a case to think about. This comes from a zoning and practice law as lald down by a gentlemen named E. C. Yoakly, it's used around the whole United States. I refer you to the last page and then I'm through. There's two cases. I'm sorry that my clipping today wasn't the best in the world, it might not be there, but on page 221, that's the last of the three sheets, It refers you to (inaudible) verses District of Columbia, Second Federal Junsdict10n 96. '111e court held that zoning may inflict serious (inaudible) InJuries on a landholder without being arbitrary and that the ordinance wouLd not be unavaLlable by the fact that if the property were available for business purposeS, Its market value could be enhanc,~d. Just below that is a case I wish to bring to your attention, because it gives you time to thlnk about what is being presented to you this evening. Thu IS a case, (1naudlble) Clark Realty Company verses New York, 270 Appellant DiVision 1040, then 63 New York, State second, 143 has held that simply because property could be used more profltably for industrIal than for resldential purposes does not render the ordlnance (Inaudible) and unconstitutional. Ordinary loss to an individual from zoning regulations will not invalidate them where the regulations reasonable serve to lessen congestion in streets, to ensure safety from fire, panic and other dangers, to promore health and general welfare and to promote adequate light and a1r, to prevent over crowding of landing, to avoid undue concentration of population and to fac1litate adequate provisions for transportation, water, sewage, schools, parks and other pubhc requirements. I hope you will pardon me, did I glve you folks copies over here? My only thinkIng Is that it's your responsibility to do the right thIng for this city. I'I1I only giving you and opportunlty of somc of the thinklng that's been with IIIe over the years. I'm not blaming anyone, but what I am saying is that the elderly people, handicapped people and people Just over 60 do not have affordable homes 1n this city, and if you're behlnd in the highways, that's not necenanIy been your fault. The road s1.tuation has been accumulated. but it's time it's got to be straightened out, and it. has a reflection on any proJect, and God knows, you've listened to theIR tonight. So please, rezone. Heyera, 1 respect you and like you in lots of ways, but you know that I'vc been for highways foc a long time. I mention that to you because you talk about good roads, that's what I've always talked about, and I've never talked about monkeys, Just would like you to know that. Thank you." VERBATLM - Aqua Sports, Inc. - June 23, 1986 - 25586 - page 16 tonight an opportunity to petitlon, file petitions, to bring people out, to gain expert wHnesses to testtfy for them and to learn more about the project. Sut you circ.umvented that. Now Hsten to Mr. Crom"'ell when he stated In his opening when he was complaining that you wanted, or the Planning CoDllllJ.ssion wanted to llmit the water activities for the theme park, Mr. Cromwell said you should treat everyone equally. You have not treated the reSJ.dent!l of Shadowlawn and South Rudee Heights equally. By expediting this matter and having it heard within 13 days from ",hen the Planning COllllllission voted on It, you have denied them the process you have allowed every other OppoSl.tlon g'toup on a controvers tal issue. AgaIn, "'e do not intend at thLs time, because we have not had adequate opportunity to prOduce any eVJ.dence before you. We request that you defer this matter for a brief two weeks to allow us to produce the eVIdence before you to tell you that the 200 toot buffer is mandatory, and it will cut down on nOLse and It will cut down on VIsual pollutJ.on. If you vote on It tonlght, we feel you do not have that eVLdence before you, and we have not had an opportunIty to be heard. Thank you." Mr. \tae H. LeSesne~ "Meabeys of City Council, ladles and gentlemen, my name is Rae LeSesne, I am and I speak as the president of the Councll of Civic Orgafil.zations for Virginia Beach following a motion that WAS passed at our last general meeting. First of all, I would like to make J.t very clear that we do not oppose the theme park itself which we beheve IDaY be beneficial to the city. We do feel, however, thl!lt its locatlon 1S questJ.onable, and we beHeve that all aspects of its impact on the area should be very carefully evaluated before the city acts on this appllcatlon. Several years ago I spoke before this body and cautioned agaLnst act ion which would endanger the three geese which Iud the golden eggs for this cUy; the milltary, the lounst industry, the city farm lands. At the time my words seem to fall on deaf ears. But today there appears to be a g'towing concern for the 'iery things that I predicted. In fact, Or. Stalbngs pleased me a great deal, because what he is talking about in connect Lon with taxes IS what I have been predicting for a very ve'ty long time. It IS becoming morc and more evident everyday that if we are to keep the J.ndustrJ.es that are the bases of the economy of thIS c.ty, there must be IllUch IllUch more careful long-range planning and IUUch leils hasty (inaudible) reacUon to my minor and major issues. We certainly have had enough examples of this in the past to emphasize the need for deliberate study action, tennls court fences, banning of trucks, PD-H2s, manor houses, and medJ.cal complexcs to name only a few. There are others of major proportions which haunt us for years to COIIIC. No amount of planning today can fully correct. We do have a Resort Area Adv1sory Co~ssion now that, hopefully, wJ.ll plan for theo futu'te. But they wJ.ll have their ",ork cut out for them for yt!arB to cOllie for the manner In whlch Atlantic Avenue has been allowed to develop. The ",all of concrete construction whlch shades the beach In the afternoon will stitl be there long after we all are gone. What you're consldering tonight 1S a matter of major importance for It affects to of the city's golden egg laying geese; the mulltary and the tourist industry. To be sure, there cOllld be many argu~nts for the benehts of the tourist industry, but we should not forget Oceanview Park and Strawbt!rry Banks. Would they attract marc re81dents to the detnment of the tourists? This city also has a responsibility to the Commonwealth of Virginia. We are all proud of our new Marine Science Museum, but we should not forget that it is also Virginia's Marine SClence Museum. In our efforts to obtain the backing of the state's legulat1Ve for the mus eUlll , we honestly and loudly proclaiJllCd that It would not oniy be an asset for Virginia Beach but to the entire state. Now that we have been entrusted with the honor of having this institution ill our city, can we betray this trust by falling to take tne time to ensure that its eftectiveness is not destroyed. To do this we place in Jeopardy and future projects of like nature for we may never be trusted again. Most assuredly, there should be input from the state level on the decision now before you. All we ask 18 that you take the tirne to carefully evaluate thIs appllcation, preferably with expert outsldc help on its affects on ecoiogy, impact on the development in the area, adverse affect on the SCIence museum and out overcrowded roads and last, but not least, on the relationship of Oceana Naval Air Station and the safety of the thousands who wIll visit the park. (inaudi ble) for the city's olo1ll cltperts could .lot be over elllphasized. M an example, J.t has been stated that the 200 foot buffer strip wJ.1i not effectJ.ve In reducing noise. Let the four-story administration building of the (inaudi ble) Indiana has no LnterLor walis. The various offices are isolated with lIVing potted plants. If they want to change an office, they Just IlIOve the plants around a little blt. I assure you, it was one of the qU1ctest ofhces I have eveT visited in my I1fe. There's an old sSY1ng I learned from IRY mother more years ago than 1 care to admit, It sUllply states 'act in haste, Yepent 1n leisure'. Let's not repent in leisure. Thank you." Councilman BaUD!; "t' d just like to cOllllllent that that goose that lays the golden eggs hasn't laid any 1n agrIcultural lately, at least I haven't noticed J.t." Mr. NathanlaI TUcker; "Mr. Mayor, Council, I'. Nathanial Tucker, resJ.dent Seatack and the cl'iic league. I think we have addressed, should be addressing instead of the theme park, shouid be addressing g'towth and the debtness too much too fast. There seelllS to be a consistently of overlooking these points. Maybe the interest of the cOl\&tituents are secondary to businesll. The debtness of Seatack is one that has shallefully overlooked, shIfted, set back, seell1 impersonal. Now I understand some have been scrapped untd more appropr18tlons are received. It appears that they aTe slow processes, Se~tack targeted and "I VERBATIM - Aqua Sports, Inc. - June 23, 1986 - 25586 - page 15 approved, would be a viable entity as to the economic development and job opportunities in our communlty. The park is much more preferred above any conslderation of warehouses and other industries that would alter the reSldential character of our cODIIDunlty. However, allow me to hastily point out to you that our first concern is that we have strong consideration be given to the impact on the a lready overburdened and lnadequate South Birdneck Road. We experienced a few weeks ago a tragedy that altered the traffic pattern on Oceana Boulevard steering that traffic down Sirdneck Road. For three days it was virtually impossible to get In and get out of the community as we do now. We use that as a metric to measure how increased traffic would hamper us In the community. We feel that along with thu, there should be other things taken into consideratlon that South Birdneck Road needs to be lmproved not aggressively or down the road, but immediately as possible because this kind of traffic pattern wlll affect the quality of live, and how will we'll be able to move back and forth in the Seatack area. It is apparent to us that the patrons of the park coming from the expressway or Virg1.nia Beach Boulevard are more apt to use South 8icdneck Road. With the added demands of Norfolk Avenue, IIhich we have patiently waited for a traffic light and I'm told it's own its way, Thank God, we can expect additional impact on that road. In additlon to th1.s, you. are very well aware of the fact that our new fire statIon has been moved down below this park, proposed park area. It 1S located at a pOlnt that it has to come back down South 8irdneck Road ln order to respond to fires or other emergencies. Now, to lncrease trafflc on the present conditions of Birdneck Road, certainly would prohibit the freedom of these vehicles whlch race up and down Birdneck Road now to try to aCCOMmodate thosc persons on the opposite end. What then are we asking or requesting as citizens of the Seatack community? We're requesting that lf Council approves the project, that Birdneck Road would be ll1proved to handle the increase [[afflC, an est1.mate of 2,000 add1.tional cars added to our daily use. Secondly, that proper trafflc control will be lnstalled. nlls will serve as SOlllC type of governing factor to help control how th1.l:l traffic will floli illto Birdneck Road. That adequate pedestrian and bikeways be provided in order t'l curt! the safety of children and others along Bit:dneck Road. Fourthly, that the speed limit along Birdneck Road be IIOt raised, but be maintained at 35 m.p.h. to protect our residential character. We trust that as you consider, and as you move tonlght to approve thlS theme park, you will keep Seatack in mind. It is one of the oldest tradit lonaLLy cOl1llDunities in the Cl ty, let's keep lt that way. Thank you very much. " Attorney Moody Stallings: "Mr. Hayor, members of the Council, like everyone else has said, it is late, but I'll remind. you that's not my fault, I trled to take care of that earlier today. None of us would be here. I represent the Shadowlalotn Civic League and the South Rudee Shore CiV1C League, and I've listened with s lot of inttlrcst to a couple of the last speakers, who I didn't know lf they were in opposition, in favor, I thInk they came across as somewhat neutral, and everybody had thelr own special concerns. We have our concerns too, and I'll have to be candid with you and say, I can't say that my clLents are against the theme park like everyone else, it's like being against apple pie and the American flag. TIley do have concerns, and they would like to have had an opportunity to express those concerns by way of expert witneslJes. However,. you action on June 2nd by expedlt1ng this matter, hss made it virtually lmpossible for them to raise the necessary funds to go forward here to hire the experts, a problem the developer does not have. Only 13 days ago your Plannlng Commission voted on this m'ltter, and at that particular hearing we learned new evidence about the theme park. as to lts size, 1.ts rides. 1.ts water run-off and noise pollution. Dr. Fuller hadn't beell down here on June 10th, and there was criticism on that, and I sec thst he's had time to get down and do his little experiment wHh the crane. We don't have the experts, because you expedite. I'm asking you now to defer a vote on this matter, to g1.ve us ample time to produce the experts to testify the potenual pollutlon ln Owl's Creek, we've contacted several people, but right now it's a money problem. I'm asking you to glve us time to produce eKperts on the noise level pollution, wh1.ch quite frankly, we would do somethlng a llttle more extensive than running a crane and 11.stening to It over at Rudee's restaurant. As far as what we'll concern about, is that you're going to have to votP. tonight on the issue of a buffer without all of the informatlon available to you. You say, 'Mr. Stallings, that's old hat. We've voted, we've expedited, we thlnk we had reason to do that, we think we had Just1.ficatlon to do that, because of thlngs that the apphcant', whom I've heard saLd here tonight has an excellent rp.petit10J1 for his development. Well, I ask you a question, and 1 refer to the Vlrglnlan-Pilot!Ledger-Star June 20, 1986 article where the applicant wllo came before you on June 2nd and told you that he didn't get approval by July 1st, thIS whole project was gOing to be in jeopardy. That is my understanding of why you voted to expedite. That was your reasoning, that was your justlf Lcation. tt IIIas reported by the same man who wrote tlte letter you relied on in the newspaper, Mr. John Brennan of Greenbelt, Maryland, sa1.d there was nothing hard and fast about that date which It must be approved. Later in the article, Hr. Gelardl, ...ho represents the developer and has at the Pianning Commission, is here tonight said that there was nothing s1.gnJ.flcant by July 1st, but the potential f i naneial backers had asked that the project be approved by early July. This is a d1.rect quote. If 1.t was July 5th, it would not make any difference. So I ask each and t'veryone of you, where lS your justtficatton now for violating your own procedures that your City Manager turned down when they went to '111m, your own procedures which said we wU I not expedite controversial matters. Why do you have that procedure? Quite simply, to give these people who are here VERBATIM - Aqua Sports, Inc. - June 23, 1986 - 25586 - page 14 Ms. M. Lynn Miller: "Mr. Mayor, ladies and gentlemen of the Council, 1'11I from Green Run. My name lS Lynn Miller. My 1nterest ~s the young people of Virginia Be~ch, which I show aesthetic lnterest for. 1'11I in favor of thiS park for many reasons which are much too numerous to go Into. A few years ago In Creen Run there was a big division of friendships when City Counc11 and the city approved low-income houslng. 1 stood for low-lncome housing, becallsc I felt that everyone has the nght to a decent place to 11ve. Thank God the Council approved 1t. This is going to be an injection lnto the arm of Virginia Beach. 1 hope and pray to God that you'll approve it. Thank you." Ms. Fto McDan1el: "Good even1ng. My Dallle lS Flo McDaniel. I represent the innkeepers of Virginia Beach. We support this theme park as family entertalnment. Thank you." Mr. Sam Hyers: "Mr. Mayor, ladies and gentlemen of the Council, ['m Sam Myers. I'm president of the Mar1.ne SCLenc~' Museum Leagut!, which 1S formerly COM, a CouncU of Cituens and Organlzatlons for the Husewa. The league represents some 350 to 400 volunteers from about 60 to 70 garden clubs and civic clubs in the City of Virginia Beach, and thcse volunteers support the museum and all phases of LtS operation. I'm not, however, speak1ng on behalf of that organuation, I feel that my views are reprcsentat1.ve to what th.:! volunteer force of the museum 19 concerned with. What I have to say, I say as a pr1vate dt1.zen. As you approach the decision before you, 1 simply want to urge you to cons1.der a few factors. First of all, I want to make it clear that I am not in opposition to the theme park. The economic benefits are obvious, the recreat1.onal opportunit1.es are obvious, it's a fine Ldea. The problem l1es l.n the l.mplementation of the plan. As with any plan, there's a maximum destred soLution. 1 ask you, have you ever asked yourself what that is. Secondly, lf you cannot reach the ll\aximum desired solution, then there is a mlnimum exceptable solut10n. Have you ask.ed yoursclf what that IS'> In looking at thls particular plan from the standpoint of the environment, and I speak. of noise pollution, water pollution and visual pollutton and the like, have you established what the minimum or maximum perimeter are. 1 am concerned about the impac t that the proposed theme park w111 ha','t! on the Manne SCl.ence ~luseum. The possible dcgradatLon affect on Owl's Creek from which the museum draws its replenishment water. TIlen there Is the poss1.ble detr1.lDental lmpact on the salt marsh walk, wh1.ch 15 a major attractlon at the museulJI as Mrs. GilUam spoke to you. This is not to mention the vlsual and noise impact on a Sl.te that was selected because of it's tranqull1ity and siren sett1.ng. All of the factors are solvable, if you simply estab11sh what standards you are willing to accept. Thu relates to the buffer zoning, water quality standards, noise levels, visual pollut~on and so on. What are the standards' And, are they quant18t1ve in nature' Will you require the developer to live up to these standards' If there's Soqe confus1.on as to what the standards are, then this should be cleared up before you approve the applicat10n. A flO8l po~nt IS in need to require a specific plan by the developcr as to exact Iy what he intends to develop on the entire piece of property in the future. If you approve th1.s appllcation, Lt should include specific commitments on the part of the developer to adhere to known plan~ of development. A plan that cannot be altered to any IIUljor degree. I think you owe it to the public, because we've Just opened a most beautlful museum In Virgin1a Beach w1.th the support of many of you on Council. This going to be a hallmark fact lity on the east coast of the UnIted States. I know that you don't, and we certainly don't, want to see any detraction from this outstanding facility. Many people have expressed to me their concerns regarding tht' sctions you'll take tonight. I must say that most of these people are not oppose to the theme park. Those concerns they I ve expressed to me are the ones ['ve expresscd to you. What we want you to do 18 simply establish minimum standards for the theme park. I raal1ze thllt an environmental impact statement may not be requlred in this case, but you as a Councl1 can pstabhsh set standards which will apply to the present and to the future generatlons. As an example, what 1S the acceptable increase 1n the deci bIe level? Have you es tsbUshed that as a standard? What l!i the acceptab Ie degradatLon of the water qual~ty in Owl's Creek? Have you established that as a standard'> Three or four thousand cars parked on the parking lot at the proposed theme park, dripping otl each day, and then that water's gOIng to be running off int.o Owl's Creek, what sort of standards have you set reference the degradation of Owl's Creek.? One of the 14 points 1 believe the Planning COlllllussion recommended was that you mlnimize the run-ofE from the lacility into Owl's Creek. That's a very vague statement, minimize the run-off. What are the standards you're going to establish? It's not so much the quanti ty of the water that runs off, it's the quality of the water that runs off Into Owl's Creek that concerns you. So I merely bring these things up to you again, I'm not in opposition, I'm not speaking for the league, but I respectfutly request that you constder them. Thank you.- Reverend Barnett Throughgood: "Mr. Mayor and members of Counci 1, I'm Barnett Throughgood, president of the Seatack and the surround1.ng co~unity CiVIC league. I'm also representing the clergy of that commanity, Reverend Poole is pastor of (inaudible) Bapt1st, he's present with us tonight, the Elder Thurman Burton pastor of St. Stephen's is present, the Reverend Ross of Mount Ohve Baptlst could not be present, he's out of town, but he has sent his consent 8S well as the Reverend Jefferson of (inaudible). I'm here on behalf, basically" of our civtc league and the surrounding comlllUoity. We're not opposed to the theme park, however, we have sOllie lllajor COllCl~rns that we feel are necessat"y for the maintain1ng and upgrading of the quality of life in our neighborhood. The theme park can be, and if VERBATIM - Aqua Sports, Inc. - June 23, 1986 - 25586 - page 13 been so many f1ne speakers in front of me, it'a gett1ng a Late hour, Mr. Cromwell has given a great presentatIon, I want you to know that 1 agree with what they've all said. Thank you very much. Mr. Percy Lee Jones: "Ladies and gentlemen, I'm an owner of a store at the beach borough and also a res~dent of Shadowlawn Heights, and as Buddy Just spoke and sa~d, everything has al['eady been said. I agree with 1t 100%. Thank you." Mr. Bob Derring: "Mayor Heischober, ladles and gentlemen of the Council, 1 would like to say one thing to you all. It's hard to follow this act, all of these people said all of these great things. 1 know what they're saying, and it's true. I have one th1ng to say, two tlungs, excuse lien. The Garc1a family, look at their record, everything they have done in the past has been fLrst class. They've spared no dollars. It hasn't been half th1s and haLf this. Look With what they've done With all the professionals here. The amount of money the amount of time and effort that has been in thlS proJect, and it's going to be a success, becausc they will I118ke it a success. The second th1ng I would iike to say, I have nothing to gain by this, 1 live at the south end of the beach in Harbor Point. I love it down there, and them being r1ght down the street, I encourage 1t. It's family. The one thing I would like to tell you that no one ~lse can probably say in this whole room is I work for a company called Payne Webber, 99% of the clients I deal with don't even live in Tidewater, don't even live in Virginia Beach. I say to them, b1g corpo['ations I deal w~th, 'we're you going on vacation? Not Virginia Beach! Why not? Come on down and stay with us.' 'No Bob, it's not a family beach. He're headed to MyrtLe Beach. We'v~ got this, we've got that, Ile've got this Bnd we'v~ got that.' 'Why're you going there?' 'Listen, have you ever been up and down your strf p? Hollowing and screaming all night long. There's no families coming here.' I don't say tllere're not fam1hes here, but we need to bnng something back to this city when I grew up as a child, I use to see-people walk.ing on Virginia Beach on the boardwalk, tuxedo, evening gowns, [lowers, ch1ldren, you don't see ~t any more. Walk down that place a nighttime, you might be careful, you might get knocked in the head. We don't have families In Virg1nla Beach. We have noth~ng to give them. What do you know, all of you all, except the new marine thing that was Just buIlt to say 'Come to Virginia Beach thIs is family enterta~mllent'? What do we have? You tell me. Nothing. r would like ~o say thank you for your t1mc and encourage you, please, br1ng something into Vi rg~n~a Beach that will be a landmark forever-something for the families. Thank you." Mrs. W. t.. Gilliam: "Your Honor and members of the Council, 1 represent thrl!e garden clubs: Virginia Beach Garden Club, Junior Virginia Beach Garden Club and the Princess Anne Garden Club. We are v~ry concerned about the new Mar1ne Sc~ence HuseulII's purpose of obs"rving the natural enVJ.ronment 1n this area. Our two clubs have jointly raised considerable funds for the marsh walk, which will be i1l\lllediately across OWl's Creek from the proposed plan. Half of this comes from a grant [['om the Virg1nla Environmental Fund, I don't know how I118ny of you are familiar with this-1t's kepone 1II0ney that was given to pres~rve the environmcnt in the State of Virginia. By v1rtue of thlS part1cipation, we fe.:'.l sure that the marsh walk is an educatlonal jewel set in an incomparable natural settIng. Another yet related consIderation is the ran! natural beauty of the Owl's Creek S1.te. E'ltcept for Seashore State Park, we can think o( no other underdeveloped estuarine shoreline in the northt!rn half of the cay. We urge you to make every effort to preserve th,' the last property of its kind in the Rudec basin. It would be wonderful for V1S1tOrs as well as residents to experlence some of the w~ld beauty that drew people to our city 1n the flrst place, and ~f you could see the faces of the chLIdren in the museum now eKperleac~ng before or whtle it 1S present, it would be very heart warming to you. Because of our concerns for the water quality, noIse and ltght polIut10n of Owl's Creek, our three organlzst10ns are recommend1ng a 200 foot buffer ~onc around the creek to be implemented by any developer for this area. The museum Is a well-founded cultural addition to our city. It has already received much public support and wi! 1 undoubtedly be an enduring institution. 1 thank you." Aaron A. Parsons: .. Honorable Mayor, Vice Mayor, members of Counc~ L. I recognize that the hour is drawing 1s getting late, but I certainly want to g~t my testimony in in behalf of the theme park. I live not too far from the proposed park, and I look at it as a real positive asset to the economic growth of our city. A lot has been said about the economic tmpact, and how's It's going to affect our tax base, and how Lt's going to provide the recreation that we've been advertis1ng 80 much about-a famiiy or~entp.d beach. But, I think when we get this in, lf you will allow it, that we will have truly a fal1l1ly oriented situation that 11I'1.1 L probably Inc1:caac the stay of tounsts and so forth for an extended time. Also, I think the citizens of Virginia Beach ~s going to really enjoy thLs facility. Another tlung that I know hasn't been mentioned Is the e1llployment opportunit1es. I have been an exponent of being instrumental 1n helpIng a lot of the youth get employed dunng the summer. 1 can see th1S as a real positive force in heLping a lot of our high sehool and college students through the vacat10n period of the school terlll to have gainful employment. Plus, our clt1zens will be able to have full-time ~lIlployment there. Overall, l just want to go on record as saying that I highly support this endeavor, and 1 hope that you will give it your favorable consideratIon. Thank you." VERBATIM - Aqua Sports, Inc. - June 23, 1986 - 25586 - pa~e 12 (Inaudible) going back to Council half a line, all your tears wash out one word of it. I You have a decision to make tonight for the good of the City, you must have a prophetic mlnd, you cannot fight change. You are already apprised of the 1mpact on the economy, I do not need to speak on that. A few years ago, I stood on the bank of the Kalooaahatcha River, Just west of the bridge at Alva. The Corps of Engineers back in the T1l1.rties straightened out the curve of the bend 1.n the River. One day slttlng in a boat while fishing, a resident of Alva looked down, down on the bottom of the River ln the clear water was the skeletal remains, the complete skeletal remains of one of the great mammoths that fled to Florida trying to escape death. They took it out and made a place for the restLng of its bones, people go tbere to see this great mammotb. Others go down where thousands of them fled in the Great Potash Beds of Florida. An amusement park did not change the earth I s surface, it changed on lts own. You need to set as lde the smoke screens and look at the proposal. You need to give it assistance by removing restrictions that are not necessary for the protection of the City's health and well-belng. You need to recognlze that it w1.11 not be an eyesore, but ~f it is like the Wild Water Rapids, Lt lS gOlng to be a thing of beauty and a Joy forever to us 1.n this City. If you cripple this proJect. you are going to rob the City of Lts rightful place' and of that wh~ch lS rlghtfully ours and the whole of thlS City lS gOlng to suffer. Surely you can envision one day, envision one day when Pendleton will no longer exist and the City WIll move down the General Booth Corridor with a magnificent beach and oceanfront. It needs this festival park. It may hurt me, but for the good of thlS City, we need It. In closing I want to recall an 1.ncldent in history. During the War Between the States, General Sheridan had sent lnto the bread basket of the Confederacy, tne Sbennandoah Valley, to rob General Jackson. Before Shl.!rman' 8 idea of a scorched earth policy was ever lmplemented, Sheridan proposed to Lay waste to the farms of the Sbennandoah and it is reported that he sal.d, 'When I finish with the Shennandoah, a crow flYing over Lt will have to carry its 01111 provender.' Ladies and Gentlemen of tne Council, unless we set aside our emotlons and let reason rel.ll, flfteen years from now a crow flying over the City lS going to have to carry his own provender. Not only is he going to have to carry it, but he is going to have to pay a tax on It. 1 urge you to expedite this application so that the work can begln. Let's get on with the growth of th1.8 CIty. Thallk you." Deputy City Clerk: "Arthur Riddle." Hr. Riddle. "Mayor Heischober, Councilmatic Representatives. I am confident you will keep in mind that this proJect, Item Number 8, Aqua Sports, is a facllity for the entire city of VirginIa Beach, the entlre State of Virgl.nia and for all people who visit as tourists, or us ~n our homes, so its m.a.gnLtude is not limited geographically. All of you have experienced over the years that when people are agaLnst an 1tem, the Chambers fill up. When they are for it, they do not show up. As a concerned citizen 1n favor for approval of Aqua Sports Incorporated, Conditional Use Permit for recreatlonaI facilit1es of an outdoor nature, I urge you to approve this applicat 1.on tonight. 1 did not organize f01: this permit, or petition, because ~f I did, there are so many people allover this City in favor and in want and need and des Lre for something of thu nature that you could not get them into this building in every roo. and every corrLdor. Operation for Wild Water RapLds was a success and bas brought repeat business this year to the City of Virginia Beach. I have two and one-half grandchildren and the Good Lord be willing, in four ..onths Lt will be three. I would like to have facil1nes here so 1 can them here. I am 57 yeat:s old. When Wild Water Rapids opened last year, t rode every rlde out there and had Just as much fun as every youngster. My 18 year old daughter worked out there last year and in the evenings when she would eome home periodically I would ask her how her day went. She would mentl.on, 'Dad, a group of youngster got together and sa1.d, hey when we get back to the motel room we have to talk mom and dad into staying onc more day so we can have another day at Wild Water Rapids.' The reason I dwell on Wild Water Rapi.ds is it is proof for the needs oE Virginia Besch, Aqua Sports as a neIghbor will be an additional shot of B-12 and will contlnue to draw addl tional repeat and new tour ist business trade. I have no factll and fIgures to measure the busses where hotels, motels and gift shops, service stations and other businesses, but they can only be beneficial. Financing nas been arranged. Delaying your positive vote tonight will force cenegotiatlon. There is no doubt that this wlll probably increase building costs and Just as any other buslness that anyone of you are lnvolved ln, increased costs, increases the price of the product. For you leaving Council this year I would like to thank you very much personally for your services. Please leave gl.Vlng Virginia Beach a legacy you will be proud of by voting in favor of Aqua Sports Conditional Use Permlt as requested tonight. To you remalning, I am confident you wll1 use your past Councilmatic experiences and not let pol~ttc8 svay your deetston and you wlll vote pro Aqua Sports. 1 compliment the Planning Department for their report, whiCh 1 have read ~n detall and the Planning 001lllll1.S810n for thelT deClsions. I thank you for your tlme and appreciate YOUT pat1ence at this late hour. Thank you." Hr. 1l.. Buddy Riggs. "Hr. Mayor, ladles and gentlemen of the Counci 1, my name 1S Buddy Riggs, 1'11I a resident of Shad ow lawn Helghts, I've live on Rudee Inlet for the past 16 years, I've enjoyed it. I've loved i.t. 1'11I also in favor of this application. There have VE~BATIM - Aqua Sports, Inc, - June Z3, 1986 - 25586 - page 11 Counc1lman R. Jones: "Could I ask just one questlon. permit is on now, is any part of that in the crash zone? can' e locate, 1S this just outside the potential zone C?" Regarding the area that the use i have the map here, and I really Mr. Cromwell: "I wish Commander Petrie was here tonight, Hr. Jones, because he talked to us about that last time." Councilman Jones: "I'm surprise he's not." Vice ~layor McClanan: "That I s correct, It' Ii right next to it. 'lou mean the site that the us~ permit 1S already on?" Councilman Jones: "It's in the crash zone?" Vice Mayor McClanan: "No, it's adjacent to it." Councilman Jones "It's adjacent to Lt. That's all I need to know." Hr. Cromwell: "We have been advised by the Navy, the existing park, the one we want to switch from to here, 1S very much the advantage of the Navy to acquire that area as oppose to the proposal that is before you here tonight. As I told you earlier, the exchange makes sense to both parties, and in addition, the Navy's g01ng to save depending on what the condemnat1on co~issioners do, probably three mllllon dollars of the taxpayers money by not having to proceed to condemn their nghts over the elUsting park. Mr. Arris." Mr. Arris: "~Ir. Mayor, Embers of the Council, I would like to read into the record a copy of the letter you have before you ~\ich is a pos~tion of the Virginia Beach Council of the Hampton Roads Chambers of Commerce. 'The Virginia Beach Council of the Hampton Roads Chambers of Commerce at its June 12, 1986 Board of Directors meeting unanimously adopted a resolution in support of the proposed theme park by Aqua Sports, Inc. We know and appreciate their vahd and environmental and design concerns from opponents, but we fell that those concerns can be resolved in your approval process and through site plan review. Thu theme park will be a marvelous ~nduce1llent to bring new visitors to our city and lengthen the stay of our regular tourlst visitors w~th the intended tax and employment benefits for Virginia Beach. Also, our citizens will certainly welcome the opportunlty to have thLs park ava~lable to them. We ask your passage of th~s applicant. Thank you very much.' Councilwoun Henley: "Is it valid to ask you a question Ln regard to your positIon on the Planning Commission?" Mr. Arns: "In my position on the Planning Commission? I do not know whether it is or not." Councilwoman Henley: "In regard to the ZOO-foot buffer, I bel~eve you made the motion to approve this application on the Planning Commission and you 1ndicated that you felt we need to stick with the 200-foot buffer. Would you like to speak to the buffer question that has been raued different froll what the Planning Commission addresa:;ed it?" Mr. Arris: "Well, you know I really hate to be in a position of speak~ng Commission, that is a l1ttle bit dangerous, but I think the reason why motion was because we listened to Hr. Whitney's presentat~on froll! Staff. the 200-foot buffer and that is why ~t was Lncorporated Lnto the recommendation from the Plann~ng Commission. We listened to Mr. Whitney's he has his posLtion on that and we agreed WIth his presentation." for the Planning that was 1n the His positlon on resolutlon, the presentation and Deputy City Clerk: "Dr. Hoody." Dr. Stallings: "It is late and you are tired, [ will say a few words and some of what I have to sa,! to you. I am Or. George Stallings, Pastor of First Colonial Baptist Church, but I am here to speak as a citizen and property owner of this City. I came here tonlght because 1 felt that perhaps we might divest ourselves of a wonderful opportunity of acqulrLng a great economic boost 1n lncome, employment and taxes. I live within a 1,000 yards, 1,000 feet, I am sorry, of the northwest corner of this proposed park. Ladies and Gentlemen, all around us there lS a state of change. Twenty-flve years ago I came to this City, I looked at a photograph of myself the other day, and believe me we have got to adjust to change. CertaInLy there IS going to be a decrease 111 our bUlldlng boom, without adequate water and roads, we ar~ at a grp.at d1sadvantage. The taxes in our C1ty are gOlng to increase, you know that, as well as I know it. We have got to have money. Well, as one offinal expressed It, 1f the c1 ttzens of this City really rlO/alized what lS getHng ready to happen to our taxes, there would be a mass exodus. We have got to have taxes other than automoblles, real estate and et cetera. Well, as It has been said that time walts for no man. The poet so aptly IIrote, 'The moving flnger writes and haVIng writ moves on. VERBATIM - Aqua Sports, Inc. - June 2), 1986 - 15586 - page 10 will be on the order of Just under 1,400 trips or vehl cles a day. We fee I that thlS compares favorably with the amount of traffIc that a two-lane road can handle. The rural two-lalle road as you noted in the report, 6,000 to 6,500 tn,ps a day or the capacity of the future two-lane divided highway for South Birdneck Road whLch is 24,000 trips a day. We do not feel the amount of traffic is the critical pOlnt, but we do feel that how It would get to the park and at what times It would come to the park 1s critical because there are normal peak traffic hours, generally 7:00 to 9:00 In the mornlng and 4:00 to 6:00 in the afternoon where norllal business traffic and commuter trafhc are gOIng to impact South Blrdneck Road and this led to the general deculon of the hours of operatlon tor the park to be 10:00 to 10:00 so that we project the traffic timing peak Into the park will be in the late morning from 10:00 in the mornIng untll 12:00 and then the main leaving time is expected to be in the late afternoon through early evening, 6:00 to 9'00 PM. So we do not eKpect those to supplement the normal commuter traffIC so we do not expect those to really have an Impact on the normal tr~ffic of people In the communlty In the area and how it will affect them. The key LS that Birdneck Road IS anticipated to be a four-lane divlded hIghway that we feel with the project developed over the number of years the si~ to seven year build-out on thlS project we feel that that will str~tch the impact of these trafflc Lncreases so that it wlll allow the coordlnated development of the park as well as the road improvements leading to the park. If there are any questions about the traffiC, I will be glad to answer them." Mayor Heischober: "Questions, Members of Council? Thank you, Mr. Burton..' Mr. Cromwell: "Mr. Mayor, 1t is getting late and we have numerous other people that want to speak on behalf of thlS, so I will try to summarize my remarks briefly before I sit back down. This is a major proposal and I do not know of any proposal that has come before you that has been accompanied by any more information or any more effort to comply with every legitimate concern that has been addressed. We are talklng about a SlX y~ar build-out for this park and its ultimate conclusion and we are also talking about an investment that between the proposed theme park and the existing water faCility equates tnto Fifty Mill Lon Dollars to be invested Ln the City of Virgln18 Beach. It is going to be a major added attraction for the tourist industry ln our CLty. It i6 gOing to extend the stay of the average touri~t and It is going to help focus on the family-beach orientation that we are so proud to advertise up and down the East Coast. That image I am afrald LS dropping based all the visLtor profile study l.n 1984 by Old DomInIon. We cannot get the most recent information, but it Indicates that the larger parties of people are dropping comLng into the City of Virginia Beach, and 1f any of you care to go down to what is called the "strip" and spend some time, I thlnk you would probably know why. We think that this IS the type of facLlity, however, which would encourage the famIly to come hack to Virginia Beach. We have valld statIstlcs that Indicate some 235 mill Lon people In the United States are gOlng to visit theme parks in this area this year. 1 believe that Aqua Sports ls made a legitimate effort to focus on every problem that could be there, and pLease don't forget there IS an existing condltlonal use permit already in place, you're Just swapping one for the other. ThlS parI\. would be a major source of jobs and Income to this cay, it's prOjected built out In 1991, it will provide employment during the months that ~t is open for approximately 700 people wlth an annual payroll of approachlng three mllllon dollars, and an estilUted taxes to the City of VirgInia Beach of one and one-half to two m1llion dollars as estimated by Goodman and Company and not one child to educate. Both you, your staff, and Planning Commission have been provided wlth more Informatlon than any applLcatlon 1 can recall that's been before you. I would hope that it I s obvious to you that it's. the intent of the applicant, based on the money tlat has been spent to bring this matter this far, this is a park of the highest quality. If you consider what is in the best interest of the entire City of Virginia Beach and the tourist industry, which is a fine and clean industry that we spend a great deal of money to promote, 1 submit to you that this is a good appl1cation, and it should stand on its own merits and be approved by you. The only area of concern we seem to be at an elllpass on Ls that area concerning what is a buf fer strip around the park and what is adequate. Let me take a moment, 1.f 1 may, to speak to you about that at this time. We don't know whether your staff thinks that a 200 foot natural strlp IS for sound dlllenslonlng or IS for acsthetLc to keep the people who are vlsitors to the new museum from seeing this area. If it is aesthetic and you simply want to provIde a visual barrIer to the park, then you don't need 200 feet, Dr. Levy has told you that. However, if lt' s for sound, then he has also told you that you don't need :l00 feet for that either. What t~e applicant would like to do in this case which they think is adequate Is proVl.de whatever barner is necessary to create a sound and a slght barrLer from the museum up here, they feel that a 100 feet coming in here and then down to this pOlnt, the southern most inlet, would adequately serve that, and I submit to you that there's been no credible eVldence that thlS reasonable proposal would not be fully adequate. We have several other people here. including Hr. Arrls, Mr. Mayor, whom I would Uke to call next. Ls the chalrlDan of the Virginia Beach Council of the Hampton Roads Chamber of Commerce to speak on behalf of the proJect. Mr. Arris." III! VERBATIM - Aqua Sports, Inc. - June 2J, 1986 - 25586 - page I) recommendatlons as made in our report that would be applled and rev~ewed at the time of sit plan preparation for the project to lim~t the quantity of water which ultimately will help the quality of the water in the Owl's Creek tributary. We recommended that the developed run off from the site be held to the estlmated peak of run off from the land in lts underdeveloped state. This is in the range of 60 to 70 CUblC feet per second. We bel~cve that number can be refined during the slte plan process which 1.S norllal for sites throughout the city. To reduce the amount of storm water volume, we recoDDend that We retaIn and detain this storm water through a us ing an impervious parking area and theme area lakes this storm water dra~nage impairment. Again, the specifics about accompllsh~ng that are addressed at slte plan revIew, but they are very speclftc approaches and characteristics to doing that. A critical point of the retent1.on facility lS the amount of time the water stays ln that faclll.ty before belng rllleased. We rccolllllend that this be on the order of four times as great as the present run off. In other words, we est~lIate right now that run off storm onto this site the run off would be concentrated ln Owl's Creek ~n approximately 30 minutes. We recolDlllend that the storm water 1.n the developed state be deta1.ned for a period of 120 minutes or there abouts to allow the retention in the facility for the time for the water to suttle, and then be released slowly lotO the trIbutary. Another quality pOlnt about the storm water thst we feel is necessary to address lS how fast the water leages the site coming from these retentlon outfalls. We feel that should be on the order of a velocity not to exceed 3 to 3 1/2 teet per second. This is normally recogn~zed 3S a velocity below which you will not get scour. This can be handled through a number of different fash1.ona, flal.r-end sect Ions, r1 fe-raft, this type of thIng, again. the specific method can be addressed at the slte plan rev1.'~w, and I must mentlon that it wouldn I t be the same for every outfall into the creek. Different portions of the sHe may require different, 1I0re energetIc so to speak, more energet1.c type of actlon to keep that veloc lty low and to ['educ.~ the scour. A fourth pOint we mentioned was to take advantage of the natural facilities that we do have out there, and recolllll\ended to Council and the Planning Commission that they require or place condaton on the use permlt that would specifically requue or allow the use of grass dratnage swells 1.n l1.eu of curblng, and an aggregate surface ln lleu of paved surfaces for the parking area. We feel th~s would help a number of pOlnts. By not concentratIng the runoff through the use of the curbing, but by allowlng It to go lnto grass swails and all.ow1.ng it to lnfHtrate back lOto the ground to some degree before 1 t got lnto the detention systems and by also ha,nng a aggregate surface parking lot, we feel that would function ln a same manner by slowing down the water, by allowing lt to inflltrate back. A problem that needs to be overcome In situations like that LS actually having the gravel that you place ['un off to the outfalls, exactly where you do not want it to go. We propose to contain those type of gravels by havlng paved surfaces on the ma~n access roads, both lnto the site and around the parking areas to define the parking areas and to contain the gravel parking areas in there. All ln all, we feel thes~ recommendat~ons, coupled wtth Dr. Levy's specific environments 1 charactllrlstlcs whIch are noted on thIs envlronmental plan and contained in that package that you had would serve to lImlt the ~lIpact of the storm water runuff such that we do not feel it is goIng to be detnmental to Owl's Creek or to Lake Rudee. If there are any specific questions on the drainage side of things, I w~ll entertain them now before 1 reVlew the traffic report." . Councllman Baum: "When the spoils from your lakes, retentlon ponds, silt basins, whatever you want to call it, will they be retained on site for how long?" Mr. Burton: "Yes, the materials that would be dug out from the lakes and area would be usud in the grading of berlll8. and Just the general grading of the site. We do not antidpate hauling it off from this site or dumping it ~nto the Creek., but used right ~n that area. We do anticipate the use of running into some sands that wlIl be useful in the paving side of the parklng lots and that type of thing. So it 1.8 a useful item that w~ll be coming out whIch we will use in the park." Councilman Baum: "You use it on high iand'!" Hr. Burton: "Absolutely. On the transportation and access to the park we reviewed a number of ltems basically characterlzed Ln two major points. One the quantity, the amount of traffic to and from the park and how it would get there and, secondly, the time that it was expected to come to the park. We ran through a number of data which Hr. Scott commented on at the Plannlng Commission Heetlng, but basically an average of 10,000 people 01 day 18 expected when full development of the park Is achleved and this con\lerts into approximately 2,300 car trips supplemented by some bus trIps ~nto the site from different directlons. The main approach to this site we feel will be on South Birdneck Road, there Ls no question In our mind about that in coming from the Toll Road down South Birdneck. to the ma~n entrance South Birdneck. We do feel there will be some other traffic frolll the oceanfront resort area and from the sou the ['11 area from the City COllIng on Ceneral Booth Boulevard, the majority of that we feel would enter off General Booth Boulevard into the slte at the present entrance to Wild Water RapIds on General Booth Boulevard. The blggest amount of trafhc, as r mentioned, we feel would be on South 8irdneck Road. We fecI that VERBATIM - Aqua Sports, Inc. - June 23, 1986 - 25586 - page 8 shooting a trans it for a straight 11 ne of 10 meters. Certainly within a distance of 100 feet, it's almost impossible seeing anythLng at a distance of 100 feet in a normal hardwood forest such as this. So, my concI usion at least 1S that l.f the compass of a lOa foot buffer 1s to decrease sound, I believe 100 feet does it Just as well, 1n fact, vegetatl.on l.so't even a significant factor as far as the sound we are talking about, and the targets we're talking about simply because the dl.stances are so over whelml.ng. If the function of vegetation lS to decrease visual pollutl.on l.f you like or Just visual the ability to see what's going 00, again, I challenge you to go out in the forest and see much beyond 25 or 50 feet Just trying to within the forest let alone standl.ng at the tldge of the forest lookl.ng l.n. I fl.nd it d1ffl.cult to see the justLfication lOO feet 00 that grounds. There is a good question and the question has to do wJ.th the value of thLS forest as wildltft! habLtat. There is no quest10n that any piece of forest has a certain amount of value as w..ldlife habitat for partJ.cular birds, small mammals, and other specLes. My chent has asked me to evaluate tile questlon of the wildlife habitat that would be created by the vegetational enhancement that I have proposed verses the w1.1dhfe habitat that would be involved Ln a upland hardwood forest whl.ch 1s what we have on the slght. And the literature l.S well-docu~ented that a forest habitat 1S other than particular types of birds is rather low l.n terms of producing wildlife habitat as compared to an ecotone. The ecotone 1S the edge between one cOlDlllUnl.ty and aoother. The act1v1tll:!S we're involved in with planting the marsh, WhlCh has many of 1ts own benefits, which I'm sure you're faml.Iiar wtth and then the addition of the shrub zone and frontal forest and so forth haa been well-documented to produce much more wildlife habitat in terms of divers1ty in terms of the kl.nds and numbers of animals that could be supported than Just an upland hardwood forest. That, in sUlllll8ry, then is my conclusion." Counc1lll.8n Jones: "Dr. Levy, one quest1.on now, you talk about the buffering and the vegetation of, what, I want to ask Mr. Cromwell what the, in the months of the year this is supposed to be open. Mr. Cromwell' "It's appart!ntly gOlng to operate primary from Memorial Day to Labor Day, as 1 understand it. Very simllar to Busch Gardens, Memorial Day to Labor Day, sporadically before and after as the weather permits." Councilman Jones. "So you're talk1ng basically June, July, August, WIth maybe a weekend or 80 on." Hr. Cromwell: "With the weekends, 1t roughly going to be five months out of the year operational, less than half the year." Councilman Jones: season months?" "Will the visual aestheuc barrier will it still screen in the off- Hr. Cromwell: "Yes, because the natural vegetat10n that we w1ll be putting in there 1S the evergreen bayberry, which is going t.o hold its leaves all year round. The back drop of smaller trees that we're gOl.ng to put behind that will be pine trees and that, of course, will be evergreen. Then, of course, as y/)u get into the fall, your forest behl.nd that is going, will lose its leaves LS primarily deciduous. So, in this case, the screen that we will be putt1ng 1n w1.l1 be a yesr-round buffer, v1.sual buffer, which curr.a'\tly doesn't exist, and if there is no vegetational enhancement at all, then once fall sets in you won't have an evergrl!en edge there at all." Hr. Cromwell "Mr. Mayor, we next have Mr. Ben Burton who's a professional engineer from Talbot and Associates >tho prepared both the dral.nage and trafflc studl.es that have been submitted to the Council. I'll ask h1m to explain both of those areas of concern to you." Mr. Ben Burton. "Mayor, members of CounCil, lilY nalle 1S Sen Burton, I'm a res1dentJ.al professionaL engineer with the f1rm of Talbot and AssocJ.ates. We prepared two pre11minary reports, analys1s, one WIlS on storm water and drainage [or the Ocean Breeze Fest1val Park the other was on an elementary traff1c analysl.S of traffic to and from the park. I'll briefly go over the drainage report first trY1ng not to bore you or confuse us with the details of how we arrived at the numbers but rather summarl.ze the conclusLons that we came to in the report. Essentially, witb the development of the park Ln a natural state, we have a certain amount of run off from a designed storm that Is specified In tbe City Cod~. In compared to that underdeveloped state the way the project is right 'lOW, the developed run off from this Sl.te would be approximately 28% larger in the total water shed a8 compared to a title outfall whl.ch project could dra1n to Owl's Creek essentially and Lake Rudell. In that situation. We don't consider that a large addltl.on to the total amount of run off gOlng into the Lake Rudel'! water shed or even the sub water shed tn the 1mmediate 500 acres surrounding the park itself. What concerned us more was the fact that any type of run off, any additional type of run off into the Owl's Creek aituat10n would hard the quality of water. We propose from a water quality standpoint, not from a quantity standpo1nt, certain performance charactenst1cs about the draLnage design for the proJect, and these included a number of I"! VERBA'l'IM - Aqua Sports, Inc. - June 23" 1986 - #25586 - page 7 Dr. Levy (contlnued): certalnly not wlthin the penod of many decades. So the second ceconmendatlon I have made 15 that we resculpture th1S partlcular ditch, put 1t back lnto t:he type of contours necessary to hold and malnta1n a natural marsh, open 1t up so that enough llght will get in there to sustaln the marsh grasses and stab1lize the banks ln such ,,," way that we wl11 not contlnually have erOSlon c00l1ng off of that bank, the eroslon ....hlCh is of course flushing lts way down lnto the Rudee System and choking up the other marshes further down the Owl's Creek system. So, the second maJor reconmendabon that I hae made lS a resculpturlng and a pIanltng and a reestabl1shment of a natural marsh like the rest of the OWl's Creek System in that part1cular (lnaudibIe) wh1ch has been torn up by dredg1ng. The thlrd problem that we have lS lndicated on the chart by Area Three. Thls represents the upper bank. Just above the marsh. Below thlS bank the marsh 1S in good shape and ln tact. It needs no restorat1on and no tampenng Wlth whatsoever. Above 1t lS apparently an area wtllch was the malO flat h1ghway for the people who were uS1ng th1s area for a rodeo. Consequently, they have torn up that bank and put ruts U1 1t and have obherated any vegetatlon whatsoever along about the w1dth of a slngIe h1gh....ay, 20 or 30 feet of vegetat10n almost entirely denuded, the area completely rutted and torn up drast1cally. So the th1rd recommendatlon I made Was that the area be treated mechall1cally so that the SOlI would no longer be compacted, so that the ground would no longer be rutted, but back ln some sort of a natural set of condit1onS and then the area then be planted w1th natural vegetatlon of the sort wh1ch we would expect to be finding growlng ul1llediately above the marsh and wh1ch lS growlng 1lll1lediately above the marsh throughout the Owl's Creek System. N<N thlS would have several beneficlal impacts, for one thlng, 1t will stab111ze that area and stop the erosion WhlCh is currently going On thereslnde lt 1S totatlly bare and also wlll remove the ugly ruts and generally r:eturn an area Whlch r1ght now looks pretty terrible lnto a natural look1ng area and glve us a natural ecotone between the marsh, wh1ch would normally be there, and the forest, WhlCh 15 1umediately aad]acent, wh1ch now stands totally exposed. The benefits of th1S, would be to create additlonal wlldllfe habltat, to glve us a greater divers1ty of plant types than we currently have and to replace what would have been there,. If It had not been previously destroyed and wh1ch would return there, probably glven twenty or t....enty-five years of lett1ng nature do her own thmg. An adidhonal benefit of th1s plant1ng would be that 1t would act as a Vlsual screen, g1vlng us a solld vegeatat10nal cover from the h1gh-water mark of the marsh up through and 1nto the teees. Just pnor to the tree lIne, we would want to put some addit10nal tree plant lOgs so that we get a nlce, general smooth shape there and a natural shape to 1t. Area Nusrber Four, whIch 1S over here, actually requ1res no cOlllllent at all. The area is In fa1rly good shape. It has been some....hat 1mpacted. None of the lmpactlng, however, 15 of a s1gn1ficant sort that would requl['e more than hand or hand and shovel work to sll~ly hand It. Certa1nly nothing 1n the neIghborhood to the exten of the other three areas. But never the less, I have recOlllllended some very IlUnor: remedial work ln that area to make lt look bore attractlve and also to remvoe some of the eVldent damage that has occurred down there. That basIcally then was the proposal that I made to my chents to essentlally do two thIngs, one to make the area aesthetically more pleas1ng and the secondary benefit to lnpt'ove the marsh to which they were adJacent to and, frankly, hopefully relOOve some of the heat to whlch they wee belng SubJected. That bas1cally was my 1nlt1al 1nput on th1s proJect. SInce that t1llle a questIon has ansen as to how W1de a buffer 1S necessary in order to proVlde adequate screenulg. we have had our accoustlcal expert here a short time ago, I do not pose to be an accoustical expert, by any means, but for SOllIe ten years I have tJeen teach1ng a course whlCh I created called pollution ecology which deals with a broad scope of problems, among wtuch lS no1se pollutlon, along wlth a1r pollut10n and water pollutlon and a Wlde range of other aspects. So, one chapter of the course deals Wlth noIse pollutIon and 1t seems to me ln the textbooks thcit I have used over the years and all the literature that I have read, that bas1cally vegetat10n does not functlon as a very effiCIent no1se attenuator. The values for 100 feet of typ1cal forest vegetatIon 1S In the general vlc1nlty of about three decibels. The 1ndicat1on of the analytJ.cal studies that Dr. Fuller has conducted and the slm11ar studies that I perfomred earl1er, based slllply on an appl1cation of the equations that occur In the standard textbook that I use In my course lndicate agaln that when we are look1ng at the ser:t of distances that we are looklng at, the three decibel attenuat10n of the vegetatIon does not do too much for you. In fact, you w111 find that the Highway Department does not use vegetat10n as a sound attenuator at all, they find 1t ineffiCIent because lt requires too great a depth of vegetatlon to provlde any sign1ficant attentuat10n and In additlon to that, they can do 1t much IOOre effect1vely w1th a much narrower uS1ng concrete barr1ers and ber:ms and other th1ngs. So, generally speaklng, vegetatIon 18 used IOOre as an aesthetlc bl1nd rather than str1ctly to cut down slgnlficant nolse, but I will leave that deta1l to Dr. Fuller slnce that 18 really his area of expertIse and not mlOe. The difference between the lao-foot buffer: or a 2ao-foot buffer 1S the difference between a 6 decibel attentuatlOfl and a 3 decibel attenuat10n. From a visual perspectlve, my personal expenence In terms of hav1ng spent a good part of my profesSIonal llfe research-w1se ln the forest, notably 1n the Great Dlsmal Swamp" where I am consldered somewhat of an expert and other forests belng focest ecologlst as my maJOr love, conVlnces me that 15 very easy to get lost 1n a forest when you are lo-foot away from the edge and the sinple reason is that the heavy vegetatlon that forms at the edge of the forest cuts down vlsual slght 5 19n1ficantly . I have foWld from the many,. many hours that I have worked W1th students 1n the forest, that once we stretch out a ten meter ta~, 33 feet, 1f you like, there 15 a great deal of difficulty seeu'l9 the person who 18 holdlng the other end of the tape. There 1S a greater diffculty of ~ - Aqua Sports, Inc. - June 23, 1986 - 125586 - page 6 Mayor Helschober: "Questions, Members of COuncIl 1" Councl1man L. Jones: "I was not clear. YOU sald there was no appreclable difference. No apPCec1able difference than what?" Dr. Fuller: "Well, for example, lf I measured the n018e level Wlthout the crane 1n operat1on, I got 50 dba. At the time the crane was sWltched on, 1oIhl.ch we coordinated through timlng, we knew exactly when the crane 1oIOuld be sW1tched, measure the same level agaln and got 50 dba." Counc3.lman L. Jones: difference?" "Okay, so with or w1thout the crane there was no appt"ec1able Or. Fuller: "R1ght. In other words, you could not hear the crane at that polnt." Mayor Helschober: "With the crane off, what creates the 50 dba?" Or. Fuller: "That lS Just traffic noise, ln the far distance, people tallung even, b1rds singlng, stuff like that. That lS a pretty typ1cal residentJ.al background nOlse level. Where I bve at the moment 10 Newport News, the background n01se level 1S about 60 dba because of the 64 traffic nOlse there." Mr. CConr.lell: "Mr. Mayor, Ladies and Gentlemen, we have next to address the envlronmental concerns a Doctor Jerald F~ Levy an Ecolog1st from Old Domlnion." Or. Levy: "Hello, I am Dr. Jerald Levy fran Old DomJ.n1on UnlVers1ty, I am a Professor of BJ.ological Sclences and I have been in thlS area S1-nce 1967, shortly after I rece1ved my Ph.D. fran the Un1verslty of WiconB3.n 1n Ecology. I was hlred by Aqua Sports, Incorporated to look at the current environmental s1tuatlon in the area and to make recoatnendat1ons as to how the aesthet1cs of the slte could be unproved and, also, how to assess what envuonmental 1mpaCtS II\].ght occur and also to see whether 1n fact the blOlog1cal aspects of the surrounding area could be enhanced. The 1l11t1al lnterest ln thl.s partlcular factor was the fact that the site had been badly abused during the penad of tlme ln wh1Ch lt was under the control of the U.S. Navy. Apparently, there was l1.ttle or no control on the use of thlS slte by local resl.dents and other people attracted to l.t and 1t was turned lnto some sort of a 4-wheel dnve rodeo c3.rcuit. I have here a number of photographs that show some of the conditlons on the slte that have been produced by the abuse to wtuch it has been SubJected. My ln3.t3.al 3.ntroductlon to th3.s proJect was to look at the damage that had been done on the slte and to make recoomendat1ons regarding thls damage and, also to suggest some enhancement of the slte that, perhaps, would make lt aesthetlcally more pleas3.ng. In the process of looklng over the area and seewg the extent of the vanous areas that had been damaged, ruts that were 1n some cases, wa1st deep and th1ngS of thlS nature. I also had an opportunlty to exanune the vanous wetland tributanes that come off of Owl's Creek proper and found 1n at least two cases that the wetland tributarles were almost non-eXlstent. As a consequence, I made some recomnendatlons to my chent as to how these partiCular areas could be 1mproved and enhanced, thereby provlding addit10nal wlldl1fe benefit and enhanclng the Owl Creek system ~n general. On the chart ln front of you there are ldentified a number of areas, five 1n total. Area Number One lS the very" very tail end of Owl's Creek. The upper portJ.on of thl.S partlcular area passes back behind the bu11ding currently used as an eqUJ.fXIler1t bU11ding on the Wild Water Rapids Fac3.lity,. equ3.pment storage and so forth. That partlcular creek from the appearance of the p1ne trees grow3.ng there now was apparently filled, no doubt illegally, somewhere J.n the ne1ghborhood of 10 to 15 years ago and so that at the present tlme 1t lS not function1ng as DlJch of an wlet, but a httle mud flow. Ole of the first proposals that I suggested to whlCh the Corps of Eng1neers has concurred, lS that we rehabl11tate this lnto a flowJ.ng creek wherelO we 1013.11 lmprove the dra1nage so we get proper flush:Lng and flowage back 1n there, remove some of the spol.ls that have been thrown 3.n there that are plugging up that end of the creek to put lt back 1nto condition so 3.t w1ll be a funct10nal salt-marsh creek agaln, wh1ch lt lS not at the present tlme. Ttus would lnvolve planting of spartlna and other natJ.ve spec1es of both grasses and shrubs. lt would be 3.n ConJunCtlon w1th some marsh rehabltatlon WhlCh lS currently gOlng on at th1S part1cular locat1on as a result of some J.llIproper parklng lot constructlon WhlCh is be:Lng corrected. Site Nunt>er Two lS one of the more conphcated and difficult problelllS. 'lblS 11ttle tributary of Owl's Creek apparently recelved pet'llU.SS100 or the owner of that property recelved perm1SS100 there to establish a manna and went as far as to dredge out that creek bottom, so that lnsted of a natural flow3.ng creek bottan at that part3.cular locat1on, what we have 1S essentlally a box ditch Wlth vert1cal SldeS and a flat bottan and there is not marsh grasses growlng there, 1n fact, there 1S nothlng there baslcally but a ditch. C~l1catlng the problem 1S that the estabhshed dralnage ditches on the slte apparently tlow 1nto the upper reaches of that ditch and under heavy storm conditJ.ons the veloclty 1S hlgh enough so that the water lS h1tting the northern slde of that ditch and lS undercutt1ng the bank slgn1ficatly so that there is QUlte a large number of slgn1ficantly SlZed trees about to be undernn.ned and if no treatment 18 done will fall 1Oto this creek and, agcun 1f no treatment 1S 3.nvolved were are look1ll9 at QU1te a number of years before they rot and eventually dissolve and clrculat10n is re-establ1shed. So we have a serious prOblem of undermln1ng, we have almost a total lack of any maran-type vegetat10n 10 the area and we do not have the configuration conduc1ve to the natural formatlon of such a thing. if ever, III' ~ - Aqua Sports, Inc. - June 23, 1986 - 125586 - page 5 CJuncLlman R. Jones: "Does Lt go putt-putt around th1S th1ng or" Mr. Rob10s0n: "Marg1nally. The state-of-the-art 1n those has enough putt-putt to feel like iin ant1que autOlOOblle, but not enough to be nOlsy." CouncLlman R. Jones: "What does the flume do?" l'.r. Roblnson: "The flwne is a channel wlth water 1n lt wlth a log-type boat floatlng through -, t. Most of lt 1S very close to the ground, although there .lS one hft and a drop, generally near the end of the nde." (;ounc11man R. Jones: "Is th1S the th1ng that generates a lot of scream1ng and yell1ng and hoo-ha:?" Mr. Rob1nson: "It wlll near the statlon, generate sane of that, but ln our experlence that LS not a significant amount of noise, even very far from that partlcular slte." Mr. cronwel1: "Thank you, Mr. Rob1nson. Mr. Mayor, Ladies and Gentlemen, agaln my clients have tned to be t'E!sponsl.Ve to every legitimate source of concern that has been ralsed concern1ng thlS application because lt 15 a pcoJect of some magnltude and we can appreclate both your cautlon and that of the planrung C0IlID1SSlon. The pnmary areas, however, seem to relate to both nOlse, traffic and the envlronment, and ln each of these areas the appl1cant has gone out and rebuned the best advlce that 'was available. Beyond that" he has had reports prepared and sUbmltted to your Staff, to your Comnlsslon and to you and we have all of these people here wlth us tonlght and I would like to introduce them to you to explun \oIha.t thelr studies have revealed, Mr. Mayor and have you respond to their quest1ons. The first person ."e have 1.8 Doctor Chrl.s Fuller, who 18 a COnsUltlng AccoUSt1cal EngLneer from '/PI. He lS actually from Austral1a, I would like to be able to tell you we brought hLID all the ."ay from Australia, but I think he has found heaven ln Virgim.a nO\o/ ln Blacksburg and he L8 here ."lth us tonlght and he has actually been out to the slte and performed hlS studies ,md I wl11 ask Dr. Fuller to come up now and rec1te hlS rather 1lIpresslve credentLals and ,~dV1se you of h1.S findings concenng th1S slte and the proposal that ."e have for the Slte." Dr. Fuller: "Good Bvening. My name IS Chris Fuller. I have a Ph.D. in Accoustlcal l::ng1.neering. I have had extenslve expenence In both research and consultlng work 1.n acoustlcs. I spent t."o years ."lth an aCCoustlc consultlng firm ln Austral1a. Three years 1n England dcnng research and consultlng. I worked two years full-t1.me In the accoustlcs and nOlse reduction divls10n at NASA Langley before I was offered a Job at Virg1.nla Tech and that 18 ."here I am worklng now as an AsSOClate Professor. My lnvolvement with thlS pcoJect has been on two levels. The first aspect, I was asked to do an analytlcal-type estlmatLon of the nOlse po11utLon aspect due to the racetrack actiVltles at the proposed theme park and the concern was ln some resldentlal areas that these race cars would produce nOl.se levels that would exceed the background nolse level and constLtute an annoyance problem. So based on some measured data for the type of race cars that were going to be used at this theme park, we did a study, an analyt1cal estlmatlon and found that the levels from these race cars would be far below the background 00lse levels. Howevec, there was stl11 some questlon about the analytical nature of thlS proJect and In order to further lmpress the fact that this racetrack actlvlty would not constl.tute a nolse pollution aspect, we went out today and did a practical demonstratlon. What we did, was we got a noise level or a source of nolse that ."as comparable to 10 Grand Pru race cars and lt ."as a crane that is belng used to bulld a br1.dge at thlS Sl.te, ltS measured level at 10 feet was 92 dba and we poBltloned thlS crane at th.ls locatlon here, wh~ch you can see J.S gulte a conservatlve test because the actual racetrack aspect L5 over here. Thls LS about 1,000 feet from here to here. The other aspect that 1S conservatLve about thlS test lS that the sound Wll! tend to propagate up th.ls channel formed by the canal here. With the racetrack over here, you ."ould expect atenuatlon through the trees and that lS not present 1n thlS test here. So what ."e did was we started up the crane on that polnt there and went to three different sites and measure the nOlse levels with the crane and ."ithout the crane operatlng. In other ."ords, ."e had a measure of the background noise level and then an estlRlatlon of the sound levels that 'tIOUld be there ."hen the racetrack ."as operatlng. Site A ."as at the Virglnia Erosion Commi5s1on. In other words, a l1ttle blt dow from the Museum, out on the pier there. Site B was at Rudee's Restaurant and Site C was 820 Goldsboro Street, WhlCh lS over 1.n the resldential area ."here a lot of people are concerned about the nOlse levels. The levels that we measured, background nolse levels 1n all of those areas was typ1cally 55 dba. NO'tI (lnaudible) means accountlng for the human ear and that is the scale that you use for est1.matlng people's annoyance. With the crane in operatlon there was no measureable difference at all. It was exactly the same levels at all three sltes and that agreed lIilth the analytJ.cal estlmatlons. Now, the other fact that should be taken lnto consideratlon here lS that thls partlcular area lS a Zone Three under the Navy Footpnt1t Nol.se Plan. The reason that 1.S because of over-flYlng aircraft. These penodically fly over about every, seem to be about every 5 mtnutes, very conservatlvely and the levels they produce were on the order of 80 dba. So, ln my maln conclusion frOlll thul lnvestigatlon both analytlcal and practIcal 1S that the racetrack actlYlty at the theme park wlll not cause a problem at all.ft vmuwtIM - Aqua Sports, Inc. - June 23, 1986 - 125586 - page 4 CouncLlwoman Henley: "Is there some reason why the Tivoh Expe:nence needs to be where Lt LS?" Mr. Rob1nson: "In the plannwg of a faclhty like thLs, ln general, the maJor attractions of which that LS 1n the overall product, are located In such a way to ma.xlmLZe the use of the slte In-between that, much like a department store would be used in a mall and for that reason and the lay of the lands, th1.S prov1des the best locatlon for that type of actlvity. Kere on the edge lt relates to the staged qualLty of the development as we begin to grow. ThlS LS the best locat1on because of the land mass requlred and the deslre not to be an actLvlty like that frontlng on South 81rdneck." Councilwoman Henley: "It would seem to me that it would be better to move the roller coaster and thlngs of that nature away from the area that you have it. That seems to be the area that would most l.mpact the resldentul area then some of the other thlngS that you are IOOSt concerned wlth." Mr. Robinson: "Ttu.s lS relatlve to the traditlonal theme park l.ndustry, a very small roller coaster, not large and high like a maJor attractlon. The traditlonal maJor anchor rlde ln a theme park like Busch or Kings Dclaunlon would be closer to 65 or 70 feet In overall helght and much louder as an attractIon, so we have kept It away from the most sensitLve natural areas and kept a substantLal buffer between where that locatl.on 15 and the edge of the property." Councllwoman Henley:: "Does the 35-foot heLght reatrictlon apply to nc1es or structures meaning buildings?" Mr. Cromwell: "It applles to everythlng." Councllwoman Henley: "RLdes would be 1ncluded?" Mr. Cromwell: "we have no cholce wlth1n the two zon1ng distncts." Counc1.lwoman Henley: "Just to clanfy that pelnt." Mr. Cromwell: "1Ile are not seekl.ng a rezonu19." Councllwoman Henley: artlficLal?" "The water areas that are shown there, are those natural or Mr. Robinson: "Those wl11 be created. They w111 serve the developnent of natural on-Slte drainage, but also be pIcturesque lakes or tributarIes as a part of the aesthetlc aspects of the park as well." CounCIlwoman Henley: "That is your retent10n pond?" Mr. RobInson: "yes. WI Hr. Rob1nson: "Local 1 zed so we do not have to concentrate." Vice-Mayor Mcclanan: "ThlS questlon does not relate directly to the sIte plan. Tell me agaln the other amusement parks you were 1nvolved J.n the development. You s.ud" Carrow1nds, Kings Island, Kings Dom1n10n and what else?" Mr. Rob1nson: Canada's Wonderland 1n Toronto, cntar1o." CouncIlman R. Jones: "Mr. Mayor, ~f I could, Just to follow up on Mrs. Henley's polnt. The two activ1ties that seem to be closest to the Creek are the antlque cars and a flllllle. What wl11 those ndes entail?" Mr. Roblnson: "What w111 they" CounC1lma.n R. Jones~ "What happens when someone 15 adlDltted to the ant1que cars or to the flume, ",hat do they do?" Mr. Rob1nson: "TIley nde through the scenery on what would appear to be an early 1900s Ford autCllllotule in the antLque auto nde. It 103 a very p1cturesque, slow DlOVlng nde, takes advantage of the envIronment 1n Wh1Ch 1t 1S located. The flume nde 1S a" counc1lman R. Jones: "Is that an actual sefl, has an eng1ne?" Mr. Rob1.nson: "Yes." IIII V~ - Aqua Sparts, Inc. - June 23, 1986 - 125586 - page 3 Mr. RobulBon (contlnued): bulld upon It. In additllxl to heighten the adventure of the "",xpenence, we have created an 1ntroverted development WhlCh sets ltself back from the surrounding areas and becomes an exploratlon to go in to. I would like to explain a httle tat about the concept 1tself. we have tried to utlhze the sIte as much In lts natural !utuatlon as we can. As you may know, the lntenor of th1S slte has been cleared to a great ~xtent through past land uses and liE! have deslgned th1S proJeCt to take advantage of all the natural vegetat10n around the edges and utllize the center for the greatest development which ImpedeS vegetatlon. The areas of trees here are eXlstlng growths wtuch liE! plan to miuntaln. We have located the parkIng centrally to the concept. L1IIIJ.ted access here, maln llOtrance from South Birdneck and auxillary entrance only from General Booth. The parkIng 1S i.:entrally located In ot'der that we prOVIde the natural enV1ronment as a backdrop, as a buffer for those actlvlt1es that occur around lt and we have diVlded the parking up In such d way that 1tS overall 1ltpiCt vlsually would be reduced to smaller lots. In terms of the conceptual elements wlthln the park, I w111 Just proceed counter-clockwise, startlng wlth the Tivol1 Expenence. It 1S patterned after a park 10 Copenhagen, Denmark, Whlch 1S a landscaped and water enVlronment, very ranant1c', deS1gned as a framewrk for rIdes, attractlons, shows, outdoor cafes and background entertiU.11l\lent. FutUrlStlC Area 1S deslgned co complement Virglnla' s nch partlclpat10n in the developnent of the space program. It coot)lnes exhiblts, displays, partlclpatory sll1L1lators to help the patron explore, personally, the explorat1on of space and technology. The Onental Area 1S des1gned to cap1tal1ze upon the lnterest, the 1ntngue 1n the Far East. It blends an oClental garden settlf19, rlch, oriental archltectural artlfacts wlth an outdoor paVll10n restaurant and adventure garden rldes, orlental games and other actlv1tle5 mixed w1th a blend of orIental enterta1rllnent. the Old Virglnla crafts Area 1S basically a retal! and partlclpatory entertalnment area whiCh 1S deSlgned to focus on the h1StOry, the rlchness of traditlon and prov1de illll18diate crafts on the premesls whIch would be watched in an educatlonal fash10n as well i3S retall merchandizing. Motor World Area here lS deslgned to explore the strong role of motor vehlcles 1n the cultural and socla.l development of our country. It lS deS1gned to prov1de a variety of experIences from exhiblts, displays, s1mulatlons and actual small scale dnvll19 expenences to make that palnt. The Manne L1fe Area lncludes a small outdoor ampl'lltheater ln ",h1Ch perfot'llU.rtg lIanne mamnal shows would occur and some ~lementary exhiblts and displays to go wlth that. In additlon, 1n th1S area the eXlstlng water park 1S located here, Wild Water Raplds, we plan an expanslon of the facihty and an l.ntegrat1on of th1S eXlstlng developnent ll1to the framework of the overall proJect. Here 1n thlS locatlon we have a partLClpatOry play area whlch is deSlgned to prOVlde a state-of-the-art 1n partlClpatOry, creatlve and learnlng play In a fantasy envlronment, deslgned to not only exclte the child and chlldren" but the ch1ld In everyone as a. partiClpatOry and watchlng expenence. In suumary, we beheve that thIS product IS hlghly des1rable as a COIIplement to the eXlsting facLILtles here In virgln1a Beach. We have deslgned lt 1n such a way that 1t lS a very controlled development, one wlth central parkIng, sl~lified access, central malntenance facilttles and a SIngle ownershlp and operatlon to assure that the overall quahty level 1S malntalned throughout lts operatlon. It 15 a strong asseni:)ly of proven Insure attract10ns designed spec1.fically to COIlillement local enterta1.nment and tOut"lSt Industry and to bulld the tounst base and extend the length of stay 1n tlus area. Tha.nIc you." Mr. Cromwell: "Are there any questlons of Mr. Roblnson?" Cow'K:1lman BaUDI: "I expect we wl11 have more discuss10n of the buffer strip, whether It lS 100 feet or: 200 and whatever the nature of it. Whether It lS easement or fee or whatever. But there are a couple of ndes or tracts or someth1ng indicated wlthin at least the 200-foot buffer and maybe wlthin the 100. What lS the nature of those?" Mr. RoblllBOn: "We have desIgned those as very low-level, natural experlences and ones Whlch will 1IDpaCt m1nimally. Th1.S 1S an ant1que automob11e ride, a water flune and those are the two actlv1tles that occur in the pClmary area. There are a couple of kioslts as part of the partlC1patory play attractlon, but those are Just people 1nteractlng Wlth thelr enVlronment, no nde technology at all." Counc1lman BaUDI: "In other wrds, you would leave trees, except that was necessary fot:''' Mr. Robinson: " Absolutel y . They 101111 WInd 10 an out through the eXlst1ng trees." Councllman Baum: "I know that lS done in Busch Gardens and places. It COunC1lman L. Jones: "Are they wlthln the 200-foot ot:' the lao-foot area?" Mr. RobllU30n: "These are not withIn the lOO-foot, they fall w1th1n that second 100 feet." Councllwoman Henley: "In loolUng at the wntten matenal that we have, lt seemed that the Tivol1 Experlence, as well as the Motor World, but I am partlcularly conerned about the one that lS closest tttere to the Creek, seemed to be the areas where ndes are most concentrated. Is that correct?" Mr. Robinson: "Yes." Yl!RBATDI - Aqua Sports, Inc. - June 23, 1986 - 425586 - page 2 Mr. Cromwell (contlnued): be permltted ln Owl's Creek. ThlS 1S acceptable to us, but we do find it 1ronic because there are other buslness that have been approved 1n the Rudee Inlet Area that rent boats and Jetsk1s to people that come up lnto Owl's Creek and 1t would seem only loglcal if you wanted no boatlng 1n there, then efforts should be made to do away w1th those permits. We do not want boatlng, 1t 1S not part of the plan, but lt would seem fa1r to treat eveyone equally ln thlS respect. The Plannlng COIII1IlSSlon also asked that there be no outdoor concerts and I think that conditlon deserves some conslderat1.on. If you are talk1ng about Mick Jagger and the Roll1ng Stones, Greatful Dead and Van Halen and sane of the other what I find to be not so pleasant to hsten to groups, the answer 1.S no, nothlng of that sort '01111 be conducted 1n the theme park. In fact, there '01111 be no facil1.tles for anythlng of that sort, but I thlnk we should delve somewhat lnto the word concerts. For exaD{>le, ln one of the themed areas there '01111 be puppet shows and the puppets may s1.ng. You know, we do not want a City officlal COIll.lng ln saYlng that 1.S a concert and you have to stop. I think what the PlaMlng COIII1IlSSlon was really dnVlng at lS a loud, huge crowd acctunUlating ln the evenlng, type of concerts that you normally find wilen you have one of the oore popular rock bands come through the area. If that lS your concern, than tlus conditlon, of course, lf acceptable. There lS Just not enough room on thlS site and lt lS not deslgned for that purpose. They also wanted a 35-foot he1ght l1llU.t. This is lIIpl1.Clt ln the zoning that lS on the property now and we could not change that lf we wanted to, but ln splte of that, thlS lS acceptable. They also wanted no recreatlonal use of Owl's Creek. Aga1n, that 1S like no boat1.ng use. We do not plan recreatlonal use of Owl's Creek. There '01111 be no boats for rent to travel up and down Owl's Creek, but other people do lt, but we do not want to do lt and I Just wanted to drlve that point home. The 2ao-foot buffer recannended by your Staff and approved by your Plannlng CamllSSlon comes to you as the SubJect of some controversy and I would ask you thlS even1.ng to keep an open lD1.OO on that. The pnmary thrust of the buffer seemed to be an aesthetlc barner to bary whatever vlsual slghtlng may be had from the new museum down lnto thlS park and my chent' s response to that lS, 'Yes, they '01111 prOV1de a buffer, whatever lt takes.' we do not beheve that you need 200 feet in order to do this, we thlnk 100 feet would be adequate. We have Dr. Levy from Old Domin1on here th1s even1ng who wlll tell you that probably 25 feet 1S adequate, but wilen you 1I11pose a 2ao-foot buffer around the entlre boundary of the OWl's Creek slde of the property and the two tributar1es that go 1nto lt, you are taklng approx1.mately 18 percent of the appl1.cant' s property. If thlS J.S not necessary, then surely I th1nk you would agree that lt should not be done. Whatever lS necessary to prOVlde an aesthetlc and a sound barner, '01111 be done. I would like at th1S polnt to 1ntroduce to you Mr. Roblnson, a theme park archltect of some nat1anal reputation who has been retalned to des1gn thlS park. I am not sure that I have ever been lnvolved ln a conditlonal use permlt or a rezoning apphcat10n that has come before you Wlth so much advance notlce. In tlus case there have been reports by accoust1cal eng1neers, by ecolog1sts, by profess1anal englneers relat1ng to traffic and dralnage and tlley are all here torught, by tile way, to address you. These were all provlded to your Planm.ng CoImu.ss1on Ment>ers, your Staff and have been forwarded to you expla1n1ng, ln detail, what the park lS all about. In addit10n to that, lt was rather thoroughly reported in the Beacon thls past Sunday. We cannot pcoceed on the assumption that you know anythIng about it and for the purposes of tile record I th1nk it lS necessary that Mr. Robinson, who came down from Cinc1nnat1, I beheve 1t was, to address you thlS even1ng, come up now wlth your permlsslon and expla1n to you what Ius concept of thlS park was and how he has des1gned lt and what the purposes are and ....hat cons1derat10n he took to surrounding areas 1n hlS des1gn. I ....ill be back after Mr. Roblnson and '01111 1ntroduce to you Dr. Fuller who lS an Accoustical Eng1neer from VPI in Virglnla. We '01111 talk to Gerald F. Levy, who 1S an ecologlst from Old Domln1on and wlth Mr. Ben Burton who 1S a profess1onal englneer from Talbon and Assoc1ates who will talk to you on the SubJects of sound, the envlronment, traffic and dralnage. Mr. Rot)lnson, lf you would step up at thlS polnt?" Mr. RobU1Son: HGood Even1ng. My name lS Bruce Robinson. I am the President of Bruce T. Robinson Assoclates. We have an lnternat10nal pract1ce 1n leisure entertalrunent and recreatIonal des1gn. I have been 1nvolved 1n th1S area espec1ally for about 13 years and have maJor des1gn responsiblht1es in such theme parks as, Kings Island, Kings DomJ.nlon, Carrowlnds and Canada's WOnderland. I would like to discuss a llttle b1t the baslC approach we took to the developnent of th1S proJect th1S evening. In additlon to a knowledge of the lndustry and appropnate attractlons WhlCh would generate success, we looked 1n partlcular at the slte here, at the communlty and developed a set of goals 111 develop1ng our proJect Whlch I would like to relterate for you. Nuntler One, that we prov1de le1sure recreat10n for a canplete fanuly demograpluc from two to elghty. Many of the larger parks are far rore concentrated on teen. We want to proVlde a fWl and entertain1ng product mlX w1th Speclal conslderatlon for expenent1al hands-on and educatlonal aspects. ObV1ously, tile partlclpatory is hlghly cntlcal ln develop1ng the hnd of le15ure attractIon that has PCOVlded the most populanty today. We have developed a C011ectlon of h1ghly diverse actlv1tles unique 111 the theme park 1ndUStry and we feel that thlS '01111 lead to a un1que tOurlSt attractlon here. It '01111 serve the local market by proVlding these attractIOns, a vanety of them, all w1th a short length of stay. Des1gned to be part of a day or an even1ng experience to COIIplement the enst1ng tour1at and entertalnment base here in Virg1n1a Beach. In addition to that, 1t lS a very different product from a maJOr theme park like Kings Donu.nion or Busch, Williausburg. It does not requ1re an entlre day, but fits naturally 1n the pcocess of other le1ssure entertalrlDlent actlvlt1es. We have developed a strong outdoor focus to the pcoJect here deS1gned to h1ghl1ght the eX1st1ng enV1ronmenc and VERBATIM - ~ua Sporta, Inc. - June 23, 1986 - 125586 - sm ~.:ity Clerk: "Your Honor. we have the apphcation of Aqua Sports, Incorporated for a ':Onditional Use Pernut for recreational facl1itles of an outdoor nature on South Blrdneck {oad and Bells Road In the pnncess Anne Borough. City Councll voted to expedite ,June 2, 1986. It lS recOlllllended for approval subJect to a lS-foot dedicat1.on along the frontage on South Blrdneck Road; appropnately sued dralnage easements along Owls Ct'eek and Lts tributarles: a 2ao-foot buffer; dt'alnaged deslgned to m1.nlmlze cunoff lnto Owl's Creek; pedestrlan access to the buffer at'ea; llghtlng be low level and directed toward the lnterlor '::If the park; turn lanes and slgnahzation on South Blrdneck Road; hours from ten to ten; no publ1c address system other than for background roUS1C and emergency announcements, no r:ecreat1onal use of Owl's Creek, no outdoor concerts: all structures wlll be I1lD1ted in helght to 35 feet. Mr. Robert Cromwell 1S representlng the apphcant and we do have several letters (inaudible) at B1rdneck." Councllwoman Creech: "Mr. Mayor, before Mr. cromwell beglllS, I have been advised by counsel that ln view of the fact that I am President of the Virglnia Marine science Museum Board of Trustees Foundatlon and as such. speak as ltS official representat1ve, that I will not be able to discuss or vote on thlS appbcatlon." Mr. Cromwell: "Mr. Mayor, Ladies and Gentlemen of the Councll, I am Bob Cromwell an attorney and I do represent the applicant before you th1S evenlng, Aqua Sports, Inc. My chent wants to bulld a theme park 1n Virglnla Beach and that translates lnto the applLcatlon before you tonlght for a conditional use permlt. This property 1S approximately a 75-acre parcel that fronts on South 81rdneck Road and extends back to an eXlstlng 12-acre recreatlon development on General Booth Boulevard. now known as wild water RaplCis. Ttus latter developnent 1S also owned by the pnnciples of the appl1cant before you ton1.ght and the J01nt development of the two S1.tes would provloe access to both South Birdneck. Road and General Booth Boulevard. The property 1S now zoned B-2, approxlInately 5 acres of It on OWl's Creek. The lnit1al purpose for that was for a manna. The balance of the property was zoned A-lor apartment. tIJelve to the acre. Both ~onI.ng categones requlre a condibonal use permlt for an outdoor recreatlonal fac1hty such as 18 antlC1pated here. The cunous thlng about the appl1cat10C1 before you tOnJ.ght 1S that there was a propsal wh1Ch was prev10usly presented to you and approved unanlmously. I beheve. that was almost 1dentlcal to the eXlsting COnditlonal use permlt apphcatlon here th1s evening. ThlS property was 77 acres in Slze and was across South Bu:'dneck Road. The appl1catlon thlS evenl1l9 lias generated by an exchange that has been negot1ated with the applicants th1S even1ng and the Umted States Navy for the former s1te. The exchange seemed to make sense to both partles. The Navy was more desirable of hav1ng oontrol over property closer to the OCeana Air Base and also the former s1te, whlCh was approved. seemed to be under one of thelr runways. the exchange also made sense to the applicants before you tonlght because it brought what they hoped to bUlld on the other side of Blrdneck Road where It could be Joined 1n wlth the enstlllg Wild Water RapIds Park that now OCcup1es approXlmately 12 acres to be JOlntly developed and coordinated lnto an 87-acre park, recreat10nal park for the City of virglnla Beach. The property lS surrounded by South Blrdneck Road gOIng around by the Owl's Creek Tenn1S Center, by the wild Water Raplds fac11lty. by property now belong1.ng to the COIIIIKmwealth of virg1ma and on the other Slde by property owned by the Unlted States Navy as part of their alr rlghts aoquls1t10n program. The appllcatloo comes to you tonlght w1th the reconmendatlon of your PlannIng Staff. It also comes to you wlth the reCOI'lI1lendatlon of your Planrung COIl1Iliss1on. who 1ncldentally. heard the appllC41t1oo ln Apnl and then agalIl 1n May and finally agaln in June, at wtuch tune they voted on it and It lS now before you. The p1annu19 C0IIIIl1SSlon, by a vote of 8 to 3, has reCOllltlended that you act favorably on th1s apphcat10n subJect to 13 vanous conditlons that I would like to revle.... w1th you Just bnefly at thlS pclmt. The first conditlon COlnlng from your Staff notes relates to dedicatIons along South Blrdneck Road, that presents no problem. They also want adequately and appropr1.ately SiZed draUlage easements along Owl's Creek and ltS tributanea impaCtlng thLS slte, that presents no problem. Your Staff has also asked for a 200-foot buffer of undisturbed, natural vegetatlon on that pet'bon of the park that fronts on Owl's Creek, that 16 a problem which we wlsh to address later. They also have requIred as a COnditlon that all dralnage lllprovements shall be deslgned to mlnlro1.Ze run-off 1n OWl'a Creek Wh1ch ~s your pretty standard site plan requlrement anyway and thlS presents no problem. On whatever buffer area we finally arnve at, providing an aesthet1c barner along Owl's Creek for the park, they have asked that that be llmlted to pedestnan tralls and a scenlC overlook, that presents no problem. They want al-l l1ght11lg to be low level and directed lnto the park. that is also acceptable. In order to m1lUmLZe n01se they also want no publ1c address systems. NOW. th1s comes to you 1n that stark language, however. this matter was discussed at the Plann1119 CoImu.SSlon and llJl>hed in the Planning COIlIIIlSSlon' S approval of this was that a publlc address system was deslgned to be like somethlng you hear In an a1rport or at a ballpark. They sald they would have no problem wlth low level ClO1se. theme music behlnd each of the themed area.s and an address system that would direct the pubhc 1n the event of an emergency or a problem when 1t became necessary. They also wanted turn lanes and slgnahzatlon on South Blrdneck Road, that 15 no pcoblem. In addit10M to what your Staff recOlll!lended, however, the Plannill9 COl1lllission went further than that, they lnposed further conditiOns and I would like to review these with you hoPIng It will glve you some Idea how Intently they vlewed th1S before favorably voting on It and the extent to ....hlCh they delved Into the1r concerns. They have also asked that the hours of operatlon be hmited fran ten r~( ) /' ,/ \ . ' /" l . ''-" '" \' '. '....~ ''':-.,,' "'\'-::1 .. ~~~ "'-'..... ;'\ /' " ~A~- '" " /' '\ . ".~ /' '" ~..;, ", ( . , "" . ,I. , I I J ( l, ) \ ' ) \ \, \ !J , ) ~~, ~, /~ 'I- \ -/ UJ ~ ..J \ ~ ( I- :) 2 I- a: ~ I- Z UJ - l- e z z w o a: - a: I- :) ct 0 ;: UJ w. ........ en - w z a: - Q. Q o ~ w _ UJ ct o I- a. z o - a: ct Q. :IE .. w W IXI I- ~ I~ . o z - U) I- a: o Q.. '--'#1\. .----... VI c:( ::::) o c:( J I / I / I )1 ../ I ,'"', "1\\' ','.. '1\' '~ l', " ,\1'; " ~ \11'< , .;. 1,111 , w /1', ,,1 ~) in '~l\) , ~ · \hl o C'I \11': ( N >< ~(\\) f a: ~ (\\ / w Co 1,\\ , . :t - Co ~,II ~, :;) CC ,1 I: \ , IXI ~ ( \\ \ ," .. · l \\ \. o :x: (\ 'Z\ ).\ o 11II: < \\ ,.. II; \ \\ ,/ ,> \\ E ~ "" o i "'\" .. \ -- \\ U. \ 1\ ~ II - \ \ \ ~ \ ~ \ \ ~ '.... ~, .. 1Jol",;oq,. :loN> ", , "'.......1-~.~ .,,~~, t>, " , CD co "- C'? "- ,.... .. o o N . . I: ,.. W ..J <( U CJ) - 25 - Item II-H.8 PLAJ01IlIIG ITEM fJ 25586 (Continued) 10. All structures are to be limited in height to 35 feet or less. II. There shall be no boating on Owls Creek. 12. Any significant change in this Plan shall come before City Council for further consideration. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third day of June, Nineteen Hundred and Eighty-Six. Voting: 8-2 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley and Meyera E. Oberndorf Council Members Abstaining: Nancy A. Creech Council Members Absent: None June 23, 1986 I I '" - 24 - Item II-L8 PLAIlHIIiG ITEM # 25586 (Continued) Upon A!lDIDID 1111'10& by Vice Mayor McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of AQUA SPORTS, INCOBPOIATED for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF AQUA SPORTS, INC. FOR A CONDITIONAL USE PERKIT FOR RECREATIONAL FACILITIES OF AN OUTDOOR NATURE R0686849 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Aqua Sports, Inc. for a Conditional Use Permit for recreational facilties of an outdoor nature on certain property located on the east side of South Birdneck Road, 850 feet more or less south of Bells Road. Said parcel contains 74.5 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. A IS-foot dedication along the frontage on South Birdneck Road, 45 feet from the centerline of the old 60-foot right-of-way to provide for an ultimate 90-foot right-of-way as per the Master Street and Highway Plan. 2. Appropriately-sized drainage easements are required along Owls Creek and its tributaries impacting the site. 3. Dedication of a 100-foot treed buffer to be preserved in its present and natural state without any clearing; and, to be zoned P-l Preservation District. The width of this buffer is to be measured 100 feet to the west from the mean high water line beginning at the northern property line, running along OWl's Creek in a southwesterly direction and turning the corner at the tributary which divides on Area 2 as designated on the Festival Park Plan submitted by Talbot and Associates, dated May 6, 1986. This P-l Zoning shall be initiated prior to Site Plan approval. Revegetstion will be subject to staff review. 4. All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries through the use of on-site stormwater retention ponds and grassed swales. Perimeter filter strips around all parking areas and porous pavement material for all surface parking areas shall be required providing that the underlying soil is suitable. Rip rap shall be used at all outfalls. 5. Pedestrian access to the P-I area should be limited to only the pedestrian bridges and the "scenic overlook". 6. All lighting should be low level and directed toward the interior of the park. 7. Turn lanes and signalization shall be provided on South Birdneck Road as approved by the City Traffic Engineer. 8. The hours of operation are restricted from 10 AM to 10 PM, except from Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight. 9. There will be no public address system other than for background music and emergency announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts. , I - 23 - Item II-I.B PI.ABNlNG ITEM # 25586 (eontinued) voting: 5-5 MOTION LOST TO A TIE VOTE Council Members Voting Aye: Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: John A. Baum, Robert E. Fentress, Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Abstaining: Nancy A. Creech Council Members Absent: None June 23. 1986 - 22 - Item II-L8 PLAIIBIHG ITEM II 25586 The following spoke in favor of said application: Attorney Robert Cromwell represented the applicant Bruce D. Robinson, Designer of the Theme Park Dr. Chris R. Fuller, Engineer Dr. Gerald F. Levy, ODU Professor of Ecology W. Ben Burton, represented Talbot and Associates Daniel J. Arris, Chairman - Hampton Roads Chamber of Commerce, presented a letter in support of same, which is hereby made a part of the record. Reverend George Stallings Arthur Ridell R. L. "Buddy" Riggs Percy Lee Jones Bob Derring Mrs. W. L. Gilliam Aaron A. Parsons M. Lynn Miller Flo McDaniel, represented the Virginia Beach Hotel/Motel Association The following were in favor but expressed concerns: Sam Myers, President of the Marine Science Museum League Reverend Barnett Throughgood, represented the Seatack Civic League The following spoke in OPPOSITION: Attorney Moody Stallings, represented the Shadowlawn Civic League Rae H. LeSesne, Council of Civic Organizations Nathanial Tucker Sam Houston Beverly Woodhouse Letters from Eleanor J. Marshall, President of the National Audubon SOCiety, E. R. Gunn, and E. Spencer Wise in OPPOSITION are hereby made a part of the record. A MOTION was made by Vice Mayor McClanan, seconded by Councilman Baum to ADOPT an Ordinance upon application of Aqua Sports, lucorporated for a Conditional Use Permit for recreational facilities of an outdoor nature OD the east side of South Birdneck Road, 830 feet, more or less, south of Bells Road containing 74.5 acres (Princess Anne Borough). This MOTION will be subject to the conditions outlined by the Planning Commission with the addition of hours of operation being from 10 AM to 10 PM, except from Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight. Vice Mayor McClanan also wished an additional condition be inserted: Any significant change in this Plan shall come before City Council for further consideration. A SUBSTI'l'UTE JtOTlOII was made by Councilman McCoy, seconded by Councilman Jennings, to ADOPT an Ordinance upon application of Aqua Sports, IDCorporated for a Conditional Use Permit for recreational facilities of an outdoor nature on the east side of South Birdneck Road, 830 feet, more or less, south of Bells Road containg 74.5 acres. (Princess Anne Borough). The conditions outlined by the Planning Commission shall be AMENDED to reflect a IOO-foot buffer of revegetation rather than a 200-foot buffer of undisturbed natural vegetation. June 23. 1986 " I - 21 - Item II-I. 7 PI.AHliIRG ITEM 11 25585 The following spoke in support of the application: Attorney R. J. Nutter represented the applicant Don Clark, represented the Willis V. Fentress Lodge Opposition: Jon Allen, represented the Bellamy Manor East Civic Association and presented a petition of 228 signatures in OPPOSITION. The following represented the Bellamy Manor East Civic Association:: Allen L. Burdette James O. Wilson Martha Kirtley Chris Haizlip Richard Petersen Warren Sacks, resident of Bellamy Manor Estates A MOTION was made by Councilman McCoy, seconded by Councilman Jennings, to ADOPT an Ordinance upon application of CAIlI-DAYIS. llIe. for a Change of Zoning from R-6 Residential District to B-2 Community-Business District located at the northeast corner of Princess Anne Road and Providence Road containing 17.3 acres (KEMPSVILLE BOROUGH). Upon SUBSTI70TI ftDTIOR by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council DIRIED an Ordinance upon application of CAIlI-DAYIS. IlIC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF CARR-DAVIS, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO B-2 Ordinance upon application of Carr-Davis, Inc. for a Change of Zoning District Classification from R-6 Residential District to B-2 Community-Business District on certain property located at the nrotheast corner of Princess Anne Road and .Providence Road. Said parcel contains 17.3 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 7-3 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara H. Henley, Louis R. Jones, Robert G. Jones and Meyera E. Oberndorf Council Members Voting Nay: Nancy A. Creecht H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S. Council Members Abstaining: Vice Mayor Reba S. McClanan Council Members Absent: None *Verbal Nay June 23, 1986 JIM LOOMIS Mo Ventures LLC R-IO >75 dB Ldn I-I (4) 1-1 1-2 MocJifie:atiol1 ot ('-emllitlOm Relevant Information: · Beach District · The applicant requests Modification of the previous Use Permits for the addition of a go-kart track and paintball area in an area originally designated on the Use Permit plans for parking · Staff has visited the site several times to determine if the reduction in the parking is detrimental to the overall operation of the park. Staff found on those visits that sufficient parking exists to satisfy the needs of the customers. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0). · Consent Agenda. · No opposition. , I :f~'~~.'~~.~% :f''::~ 'f) (u . >) (: '. :! ,.., I" .~ / ~~~W CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JIM LOOMIS C/O HP VENTURES, L.L.C. , Modification of Conditions, 700 South Birdneck Road, BEACH DISTRICT MEETING DATE: September 9,2008 . Background: The onglnal Conditional Use Permit permitting an outdoor recreational facility was approved by the City Council on June 23, 1986. The applicant desires to modify the Conditional Use Permit for the addition of a go-kart track and palntball area In an area onglnally designated on the Use Permit plans for parking. Additional changes may be made In the future In an area depicted for the batting cage and maintenance buildings. Condition 12 of the Conditional Use Permit requires that any significant changes to the plan must come before City Council for conSideration. The Conditional Use Permit for the facility has been modified seven times since its approval. Requested modifications have been due to the 'flUid' nature of the outdoor amusement business and the desire to provide additional recreational uses for users of the park. . Considerations: As trends and customer tastes change regarding outdoor recreation, it IS not unreasonable to expect modifications to Conditional Use Permits for Outdoor Recreational Facilities. As previously noted, this use permit has been modified seven times since its approval. The applicant was unaware that a modification to the use permit was required, and Installed the new go-kart track over an eXisting parking area. Staff determined the modification IS required because the approved onglnal plan depicted parking In the area. Staff has visited the site several times to determine if the reduction In the parking IS detnmental to the overall operation of the park. Staff found on those visits that sufficient parking eXists to satisfy the needs of the customers. The Planning Commission placed this item on the consent agenda because the replacement of the parking area with recreational activities will not adversely affect the availability of parking and there was no opposition to the proposal. JIM LOOMIS, C/O HP VENTURES, L.L.C. Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1 All conditions and subsequent modifications with the exception of Number 12 attached to the Conditional Use Permit granted by the City Council on June 23, 1986 remain In affect. 2. Condition Number 12 of the June 23,1986 Conditional Use Permit IS modified with the following: Improvements to the Motor World portion of Ocean Breeze Waterpark are limited to the submitted plans entitled "Modification of Conditions for Motor World, 700 South Birdneck Road, Virginia Beach, Virginia", dated 7/14/08 and prepared by Martin Engineering. Said plans have been exhibited to the Virginia Beach City Council and are on file In the Planning Department. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning CommisSion recommends approval. Submitting Department/Agency: Planning Department ^ lli ) City Manager. k .~~ '~"" I., I REQUEST: Ventures LLC JIM LOOMIS, C/O HP VENTURES, L.L.C. Agenda Item 7 August 13, 2008 Public Hearing >75 dB Ldn '0. (4) 1-1 Staff Planner. Faith Christie Modification of the Conditional Use Permit approved by the City Council on June 23, 1986 for an Outdoor Recreational Facility ADDRESS I DESCRIPTION: Property located 700 South Birdneck Road GPIN: 24166623280000 COUNCIL ELECTION DISTRICT: 6 - BEACH SITE SIZE: 26.9 acres SUMMARY OF REQUEST The applicant desires to modify the eXisting Conditional Use Permit for an outdoor recreational facility. The applicant proposes the addition of a go-kart track and palntball area In an area originally designated on the Use Permit plans for parking. Additional changes may be made In the future In an area depicted for the batting cage and maintenance buildings. The original Conditional Use Permit permitting an outdoor recreational facility was approved by the City Council on June 23,1986. The Conditional Use Permit has 12 conditions: 1 A 15 foot dedication along the frontage on South Birdneck Road, 45 feet from the centerline of the old 60 foot right-of-way as per the Master Street and Highway Plan. 2. Appropriately sized drainage easements are required along Owls Creek and it tributaries Impacting the site. 3. Dedication of a 100 foot treed buffer to be preserved In its present and natural state without any clearing; and, to be zoned P-1 Preservation District. The width of this buffer IS to be measured 100 feet to the west from the mean high water line beginning at the northern property line, running along Owl's Creek In a southwesterly direction and turning the corner at the tributary which divides on Area 2 as deSignated on the Festival Park Plan submitted by Talbot and JIM LOOMIS, C/O H.P VENTURES, L.L.C. Agenda Item 7 Page 1 Associates, dated May 6, 1986. This P-1 zOning shall be Initiated pnor to the site plan approval. Re-vegetation will be subject to staff review. 4. All drainage Improvements shall be designed to minimiZe runoff Into Owls Creek or its tributanes through the use of on-site storm water retention ponds and grassed swales. Penmeter filter stnps around all parking areas and porous pavement matenal for all surface-parking areas shall be required providing that the underlYing soil IS suitable. Riprap shall be used at all outfalls. 5. Pedestnan access to the P-1 area should be limited to only the pedestnan bndges and the "scenic overlook" 6. All lighting should be low level and directed toward the Intenor of the park. 7 Turn lanes and signalization shall be provided on South Birdneck Road as approved by the City Traffic Engineer 8. The hours of operation are restncted from 10:00 a.m. to 10:00 p.m., except Memonal Day through Labor Day and on holidays and weekends, closing shall be at Midnight. 9. There will be no public address system other than for background musIc and emergency announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts. 10. All structures are to be limited In height to 35 feet or less. 11 There shall be no boating on Owls Creek. 12. Any significant change to this plan shall come before City Council for further consideration. Condition 12 of the Conditional Use Permit requIres that any significant changes to the plan must come before City Council for consideration. The Conditional Use Permit for the facility has been modified seven times since its approval. Requested modifications have been due to the 'flUid' nature of the outdoor amusement business and the desire to provide additional recreational uses for users of the park. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Outdoor recreational facility, which Includes a water park, mIni-golf, go-kart tracks, and related recreational uses. SURROUNDING LAND USE AND ZONING: North: South: · Undeveloped land I Conditional 1-1 Light Industnal . Treed area, a public elementary school, and public tennis courts I P-1 Preservation . Undeveloped land I Conditional 1-1 Light Industnal . South Birdneck Road East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site IS within the Owls Creek watershed. AICUZ: The site IS In an AICUZ of Greater than 75 dB Ldn surrounding NAS Oceana. The proposed uses are acceptable. IMPACT ON CITY SERVICES JIM LOOMIS, C/O H.P VENTURES, L.L.C. Agenda Item 7 Page 2 , I There are no Impacts to City services. Recommendation: Staff recommends approval of this requested modification, as conditioned below. EVALUATION AND RECOMMENDATION Evaluation: As trends and customer tastes change regarding outdoor recreation, it IS not unreasonable to expect modifications to Conditional Use Permits for Outdoor Recreational Facilities. As previously noted, thiS use permit has been modified seven times since its approval. The applicant was unaware that a modification to the use permit was reqUired, and Installed the new go-kart track over an eXisting parking area. Staff determined the modification IS reqUired because the approved onglnal plan depicted parking In the area. Immediately after staff's determination, an application was submitted for the modification. Staff has Visited the site several times to determine if the reduction In the parking IS detnmental to the overall operation of the park. Staff found on those Visits that suffiCient parking eXists to satisfy the needs of the customers. Staff recommends approval of the request for a Modification to the Conditional Use Permit approved by the City Council on June 23, 1986 subject to the follOWing conditions. CONDITIONS 1 All conditions and subsequent modifications with the exception of Number 12 attached to the Conditional Use Permit granted by the City Council on June 23, 1986 remain In affect. 2. Condition Number 12 of the June 23, 1986 Conditional Use Permit IS modified with the follOWing: Improvements to the Motor World portion of Ocean Breeze Waterpark are limited to the submitted plans entitled "Modification of Conditions for Motor World, 700 South Birdneck Road, Virginia Beach, Virginia", dated 7/14/08 and prepared by Martin Englneenng. Said plans have been exhibited to the Virginia Beach City Council and are on file In the 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. JIM LOOMIS, C/O H.P VENTURES, L.L.C. Agenda Item 7 Page 3 AER\A\. Of S\lE \.OCA1\ON JIM LOOMIS, CIO H.P. \/EN1\JRES, L.L.C, Agenda \tero 1 page A SEE NEXT PAGE '-_N~:: ---J , iL"l -, V' I, !l7h I ~i ~ ~ .n J-.- ", , ' I J. I -- --~. ':,J; '.: J/J ~~--41' (~ ! ~.:...~.I.J..":~' '--, . t ~I ~.~ ~ [I U 'i .~,~. ". ';;" , , .," -.... I.......... .,,:' . ~ . ... -"--"'I ( " ~~ ~ ~!!~'ltf~. " ~.E,: !l... ,:-=- l"~'; U--'''"' \ -: 1 '~j , _W._'+'~ ~ ~ ~ ;1~ ~ ~.~ ft ?~ ,,1'(l# ~").:H,'_'w.l ., ~ !! i ~' ~ ~' ~ $It' ~ ftJ: r 1::: 0 10: ! ~ 011101\\ lJO..LOW ,0J SNOI.110NO::l iO NOUV::lHlOOW ~~., 8u/.InUf8u3 '. UfJJIJW dVW 3J.IS TMI3^O I I '. ,\:', \ - ~ / ,. ..~;;;~ 1 , 1 I f ':~~'''; ti -.~ .f~l ; . m' ':% it ,. .1" ~ ';.... . -.: ...... '. . f ~...1.l.'1" ! .J"''''~_ "J' r-"~~);~ ;**" ~ ,~y.' i '. I , )J l.....~.'}:.... l/' " "'-''"- ...., --~.">,...~ I ) ..~, .,v.... , jt y~~ ( , \. / ;~ -I .; .Y . . j<<' ,tJF. ';.'. <> X. '. <<-if /.~, / :. .. ..('~.,\\ !ti' . .' '.., .",<J"", ~o/ , ~l; , ',,'\.,,;~~"'" \ .' . / ',' ;: . , . / Si',4~ \ ..;p ii!!~>'; ,;,/ / . .' . n! /' __.1 ii ^ ~ ~ ~ H 13 i j ~ ~ ~. i ~.. " "s i ; ~il ~' j i 0' H.. SITE PLAN JIM LOOMIS, CIO H.P VENTURES, L.L.C. Agenda Item 7 Page 5 ~--..u.,,_ \'OO:>~" 'fOVn ">>rrit:;t.,.. lol.:J'tillf y,.lJIll.tiJU a.ut'99'9l"t~? O~ 'lOPtan H.i.l'lO$ t'f)-l INOW'tOSlll'Oi 611/.1_18113 II/UI1I/'1 S11'iJ30 lN3VB1\OlldWl O1HOM lfO.lOW .... J<>:I SNOWONO) JO NOll.V)1JI00111 ( I \ \ 1 I \ l ~\,- .--~- /~ r-~ ,/ , (' ""'" '../ / " .' ) I / " , "'" / i f'\ "'.j / ,l ~(J :,.! "g ,lh 1 d.. l I') '-~, I V,^, i / ", i ! '" ">i \..., "'-/) ~ (, ~"'-) "'::>.,. ;jY''i, t, 1/ \\ "~7' ,...r"..y ..---'" /~ " t ~ ,M! ~w I~. g~~~iit .~.. , II~ ~~~I~ '~ 'it I i~ ,! If I :~'L _" ',_~ '>1'" Jil,',l '. ,WJ . . -" e~ .. lii.1'~ .~- .. ~.. .. \~ :~~0i.-=-.:.=.:;;=::=-,:::-;~::::,::~:..:::::t:,::=;.,:::-~:~~~5'::~'::::-;:"':;;::;:"'''''' ~. ~\Iil .... '.. ..... .. 1 .. \1:1-" l~""" -'-"'p~ - :~.~ I' 1l. _------::<..~;:-=----:'!i-~ , I~ "::;;~ iL--..t::::-= ...;::....:.-::::t: ==::::::"~.c>II:- =---- - \.. ~. .t! ,,_..,.~... ~ ~... #J.. ~I,' z~ '''.. /.. \ id. . ~.~' '~... > ~.. " , {A i\{i'" ui~ .:.......:...:.--'~'-....=~~'~.=;:.:.~::3:..~. ~~~~--~J #;.;, - l , i ! / ..../.. -,.....- /........ ~{..J!:'"..,. , , -:~~) , \ \ SITE PLAN JIM LOOMIS, C/O H.P. VENTURES, L.L.C. Agenda Item 7 Page 6 I I I NEW GO-KART TRACK JIM LOOMIS, CIO H.P. VENTURES, L.L.C. Agenda Item 7 Page 7 ,.' " "\ \ ~ ~ " I : :"\ \ \ .J ""'-t '.. n:.r ;':\ , ~, ~\ ..,\ \:\ ^. ,~ ,::,\ \; :' f~ ~ NEW GO.KARl lRI'CI< JIM LOOMIS, CIO \-I,P \/EN1\JRES, L,L,C Agenda \tern 7 page 8 M" Ventures LLC R-IO >75 dB Ldn I-I (4) I-I P-I /.. / / \ / \'--- I I '1/75 dB Ldn I / P-I, I ",,' /~-J-~ /0. L. I l""fodification ot Condit/pm Before October 1973 the site was zoned M-I 3 Generallndustnal Dlstnct - recreational uses reqUired a conditional use permit - and R-D 2 Residence Duplex 10/15/73 - Rezoning from RD-2 Residence Duplex to CG-3 General Commercial and RD-2 Residence Duplex to RM Multiple Family and a Conditional Use Permit for 792 units and pnvate boat slips 4/17/79 - Rezomng from R-5 Residential to B-2 Busmess 12/17/79 - Conditional Use Permit for miniature golf course 715/83 - Conditional Use Permit for a recreational facility of an outdoor nature 5/21/84 - Conditional Use Permit for a recreational facility of an outdoor nature - a recorded agreement between E.S.G. Enterpnses, Ine, and the City of Virginia Beach pertaining to the conditions of the use permit (D.8.2339, PG. 0993) ZONING HISTORY JIM LOOMIS, CIO H.P. VENTURES, L.L.C. Agenda Item 7 Page 9 6/23/86 - Conditional Use Permit for recreational facilities of an outdoor nature: 1 A 15 foot dedication along the frontage on South Birdneck Road, 45 feet from the centerline of the old 60 foot right-of-way as per the Master Street and Highway Plan. 2. Appropriately sized drainage easements are required along Owls Creek and it tributaries Impacting the site. 3. Dedication of a 100 foot treed buffer to be preserved In its present and natural state without any clearing; and, to be zoned P-1 Preservation District. The width of this buffer IS to be measured 100 feet to the west from the mean high water line beginning at the northern property line, running along Owl's Creek In a southwesterly direction and turning the corner at the tributary which divides on Area 2 as designated on the Festival Park Plan submitted by Talbot and Associates, dated May 6, 1986. This P-1 zOning shall be Initiated prior to the site plan approval. Re-vegetation will be subject to staff review. 4. All drainage Improvements shall be designed to minimiZe runoff Into Owls Creek or its tributaries through the use of on-site storm water retention ponds and grassed swales. Perimeter filter stripS around all parking areas and porous pavement material for all surface-parking areas shall be required providing that the underlYing soil IS suitable. Riprap shall be used at all outfalls. 5. Pedestrian access to the P-1 area should be limited to only the pedestrian bridges and the "scenic overlook" 6. All lighting should be low level and directed toward the interior of the park. 7 Turn lanes and signalization shall be provided on South Birdneck Road as approved by the City Traffic Engineer 8. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight. 9. There will be no public address system other than for background musIc and emergency announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts. 10. All structures are to be limited In height to 35 feet or less. 11 There shall be no boating on Owls Creek. 12. Any significant change to this plan shall come before City Council for further consideration. 8/27/87 - Rezoning from A-1 Apartment to P-1 Preservation (required by Condition 3 of the Conditional Use Permit approved 6/26/86) 2/26/90 - Reconsideration of Conditions 8, 9, and 10 placed on the Conditional Use Permit approved 6/23/86 (reconsideration of Conditions 8 and 10 were deferred by the Planning Commission): 9. A. There shall be no public address system other than for background musIc and emergency operations. B. No recreational use of Owls Creek associated with this park. C. No rock concerts or loud musIc performances will be permitted. D. One 300 seat outdoor stage to be used for family entertainment and limited to puppet shows, magic shows, and variety shows of approximately twenty (20) minutes each. E. The facility shall face Birdneck Road or Motor World, away from Owls Creek. F Hours of operation shall be restricted from 10:00 a.m. to 10:00 p.m., except from Memorial Day thru Labor Day and on holidays and weekends, closing shall be at midnight, and G. Approval for this stage shall be for a period of two (2) years. 4/23/90 - Reconsideration of Conditions 8 and 10: Condition 8: 1 Approved request to keep mechanical rides and other activities open daily (seven days a week) from 10:00 a.m. until 12:00 Midnight. 2, Approved miniature golf, pizza restaurant and activities from Shipwreck Golf Course to Birdneck Road may be open from 10:00 a.m. until 2:00 a.m. Friday and Saturday only. ZONING HISTORY JIM LOOMIS, C/O H.P VENTURES, L.L.C. Agenda Item 7 Page 10 , I Condition 10: 1 The proposed mechanical rides shall be located In the area marked "future development" on the submitted site plan adjacent to South Birdneck Road and running east to the Shipwreck Golf. This does not Include the aerial tram, which IS acceptable as shown on the site plan. Height limit shall be varied In this area only. 2. A Board of ZOning Appeals variance IS required for all structures exceeding the 35-foot height limitation, which may occur only In the area of Conditions 1 as, described above. 3. The proposed tram IS approved only for the route shown on the submitted site plan dated January 23, 1990, by Talbot and ASSOCiates. This route IS parallel to the eXisting roadway. The tram shall not be allowed to cross Owls Creek In any other location. 4. Trees shall be preserved on the development site where possible. A tree protection plan and planting plan shall be submitted to the City Arborlst and Director of the Virginia Museum of Marine SCience for review before any clearing or development activity takes place. The plan shall Include a pre- and post- development tree Inventory This condition shall apply to al future development. 5. No motorized rides or nOise disturbing activities shall be operated after 12:00 Midnight. 6. All other conditions shall remain the same. 6/11/91 - Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Condition 9) 9. Outdoor concerts may be held on the subject site In conjunction with the 1991 Beach Events Program. The concerts must conclude by 11 :00 p.m. All speakers shall be oriented toward Birdneck Road or Motor World and away from Owls Creek. Approval IS for a period of one year 11/26/91 - Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Conditions 9 and 10): 9. A. There shall be no public address system other than for background musIc and emergency operations. B. No recreational use of Owls Creek associated with this park. C. The outdoor concert stage shall not encroach Into the trees area In the northwest portion of the site. The concerts must conclude by 11 :00 p.m. The stage and speakers shall be oriented away from Owls Creek. DUring detailed site plan review the applicant shall engineer the stage to minimiZe sound In the Owls Creek area. Engineering plans must meet the approval of the Director of Museums and the Planning Director D. NOise shall be monitored and evaluated according to acceptable decibel standards. (The acceptable level will be determined.) 10. A. The proposed mechanical rides shall be located as shown on the site plan dated October 29,1991, by Bruce B. Robinson ArchitecUDeslgn. Height limitation will be varied In this area only. B. A Board of ZOning Appeals variance IS required for all structures exceeding the 35-foot height limitation which may occur only In the area of Condition 10A as described below. C. The proposed tram IS approved only for the route shown on the submitted site plan dated January 31, 1990, by Talbot and ASSOCiates. This route IS parallel to the eXisting roadway The tram shall not be allowed to cross Owls Creek In any other location. D, Trees shall be preserved on the development site where possible. A tree protection plan and planting plan shall be submitted to the City Arborlst and Director of the Virginia Museum of Marine SCience for review before any clearing or development activity takes place. The plan shall Include a pre- and post- development tree Inventory This condition shall apply to all future development. E. No motorized rides or nOise disturbing activities shall be operated after 12:00 Midnight. 4/14/92 - Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Condition 10): ZONING HISTORY JIM LOOMIS, C/O H.P VENTURES, L.L.C. Agenda Item 7 Page 11 10. A. The proposed mechanical rides shall be located as shown on the site plan dated October 29, 1991, by Bruce B. Robinson Architect/Design. The proposed Bungee Jumping Tower may be located north of the mechanical rides area, adjacent to the Strike Zone. Height limitation will be varied In the mechanical rides area and for the Bungee Jumping Tower only. The tower shall be no more than 150 feet In height. Air filled safety bags may be used Instead of netting. 2/11/03 - Conditional Use Permit - Recreational Facility of an Outdoor Nature (Amusement Park Racetrack) - Approved 1 No motorized rides or nOise disturbing activities shall be operated after 12:00 Midnight. 2. The building shall be painted to match the eXisting color scheme of the other buildings In the Motorworld theme park. 3. Category IV plantings shall be Installed along the western edge of the site outSide of the ultimate right of way for South Birdneck Road to serve as a buffer along the roadway. Planting IS encouraged to be Innovative In terms of spacing and linear arrangement to allow the Widest possible variation for Visual enhancement while separating uses. A solid screen of plantings IS not necessary for this project. Plantings shall be Installed prior to a certificate of occupancy for the new racetrack building IS Issued. 4. A site plan showing the new building location, the reconfiguration of the eXisting racetrack and the Category IV plantings along the western edge of the site shall be submitted to the Development Services Center for review and approval. 5. All conditions attached to the Original use permit and all modifications shall remain In effect. 1/13/2004 - Change of ZOning District Classification from R-10 Residential District, A-12 Apartment District and B-2 Community-Business District to Conditional 1-1 Light Industrial District and Modification of a Conditional Use Permit for a recreational facility of an outdoor nature - reduction In land area - Approved. The follOWing proffers are attached to the Conditional Rezoning: 1 Landscaping shall be Installed In a thirty-foot (30) strip along the Property's entire Birdneck Road street frontage. 2. All freestanding signs shall be brick monument style signs. No neon lighting visible from Birdneck Road or the proposed private roadways within the project shall be permitted on the Property. 3. The buildings constructed on each of the proposed lots shall have either brick, split-face block, or Dryvit as the exterior surface of the front, with the remainder of the building of the same material or, painted block or metal. All exterior surfaces shall have an earth tone color 4. Specific business uses that will not be allowed on the Property are anything that would Involve automotive repair and I or service, car wash facilities, heavy equipment sales and service, personal watercraft rentals, or other type of industrial use that Involves the use or storage of hazardous chemical or materials that could possibly cause damage to Owls Creek and its tributaries due to accidental runoff or contam rnation. 5. All drainage Improvements shall be designed to minimiZe runoff Into Owls Creek or its tributaries through the use of on-site storm water retention ponds and grassed swales. Riprap shall be used at all outfalls. 6. Trees shall be preserved on the Property where possible. A tree protection plan and planting plan shall be submitted to the Planning Director, or his designee, for review before any clearing or development activity takes place. 7 All lighting shall be low level and directed toward the Interior of the Property 8. DUring the detailed site plan review conducted by Grantee, Grantor shall cause a Traffic Impact Study of the Impact of the development of the Property on Birdneck Road to be made, and, prior to the Issuance of the first Certificate of Occupancy for users of the Property, Grantor shall substantially complete, or post a bond for the completion of, any requirements on Birdneck Road at the entrance to the Property as provided for In the Traffic Impact Study. ZONING HISTORY JIM LOOMIS, C/O H.P VENTURES, L.L.C. Agenda Item 7 Page 12 9. Further conditions may be required by the GRANTEE dUring detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 4/27/04 - Change of ZOning District Classification from R-10 ReSidential District and A-12 Apartment District to Conditional 1-1 Light Industrial District and Modification of a Conditional Use Permit for a recreational facility of an outdoor nature - reduction In land area - Approved. The same proffers In the Proffer Agreement of the Rezoning on 1/13/04 (listed above) apply to this site. ZONING HISTORY JIM LOOMIS, C/O H.P VENTURES, L.L.C. Agenda Item 7 Page 13 ~ I I E ::::t ~ ~ ~ I I H ~ c ~ ~ C> ~ I I E I I ~ I I ~ C> ~ ~J;''''1J r, J' ~ 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) HP VENTURES, L. L. C. dOing business as MOTOR WORLD JAMES 8. LOOMIS, JR., ManagIng Member, and KIM8ERL Y LYNN LOOMIS 2. list all bUSinesses that have a parent-subsldiary1 or affiliated bUSiness entiti 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) HP VENTURES. L. L. C, dOing bUSIness as MOTOR WORLD JAMES B. LOOMIS, JR.. ManagIng Member. and KIMBERLY LYNN LOOMIS 2. List all bUSinesses that have a parent-subsldiaryl or affiliated bUSiness entiti 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 xxx If yes, what IS the name of the offiCial or employee and the nature of their ,nterest? Modification of Condilion$ AppUcation Page 10 of 11 RevlMKl 7/3107 DISCLOSURE STATEMENT JIM LOOMIS, CIO H.P VENTURES, L.L.C. Agenda Item 7 Page 14 ~L{'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) JD&W, Inc. - General Contractor Martin Englneenng - Civil Englneenng Consultants , 'Parent-subsldiary relationship. means "a relationship that eXists when one corporation directly or Indirectly owns shares possessmg 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 mterest 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 determlnmg 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 commmgled 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 wor\(Ing 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 an . g~otograPh and VIew the site for urposes of processing and evaluating thiS application. t. -)t ), Lv:.;..~ JAMES B. LOOMIS, JR. Pnnt Name SAME AS APPLICANT Property Owner's Signature (if different than applicant) Pnnt Name Modification of Condnlons Application Page 11 of 11 ReVIsed 7/312007 I I z o I I E ~ CI:,) Z o I I f-t ~ o c ~ ~ o Z o I I E I I ~ I I ~ o ~ DISCLOSURE STATEMENT JIM LOOMIS, C/O H.P VENTURES, L.L.C. Agenda Item 7 Page 15 { Item #7 Jim LoomIs c/o HP Ventures, L.L.C. ModificatIon of ConditIOns 700 South Blrdneck Road DIstnct 6 Beach August 13, 2008 CONSENT Joseph Strange: The next matter IS agenda Item 7. An applicatIon of Jim LoomIS clo HP Ventures, L.L.C. for a ModificatIOn of ConditIOns for a Use PermIt approved by City Council on January 13, 2004. Property IS located at 700 South BIrdneck Road, DIstnct 6, Beach, WIth 2 conditIons. Brad Martm: Good afternoon. I'm Brad Martm WIth Martm Engmeenng here on behalf of the applicant. We have read the two conditIOns and we're m full agreement WIth both. And If I could, Just very bnefly, the applicant and I would like to personally and publicly thank Chen Hamer m the PermIts Office and FaIth ChnstIe for workmg WIth us on a temporary certIficatIOn of occupancy. Motor World has been able to operate thIS part of the park for most of the summer. We obVIously very much appreciate that. ( J anlCe Anderson: Thank you Mr. Martm. Joseph Strange: Is there any OpposItIOn to thIS matter bemg placed on the consent agenda? Thc ChaIrman has asked Phil Russo to rCVlcw thIS Itcm. Philip Russo: The applicant deSIres to modify the eXlstmg ConditIOnal Use PermIt to allow the additIon of a go-kart track and pamtball area m an area ongmally deSIgnated for parkmg. There IS still plenty of parkmg WIth the additIOn of the track, and the Department recommends the approval. Joseph Strange: Thank you Phil. Madam ChaIrman, I will make a motIOn to approve agenda Item 7 JanIce Anderson: A motIon by Joe Strange. Barry KnIght: I'll second It. J anlCe Anderson: A second by Barry KnIght. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON BERNAS CRABTREE AYE ABSENT AYE I I Item #7 Jim LoomIS c/o HP Ventures, L.L.C. Page 2 HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved Item 7 for consent. ~ ......0- .a. '-'..L .I. Faith Christie _..___(1~_ol~__~i~ 1- / ( From: Philip Upton [pupton@camplngvb.com] Sent: Tuesday, August 05, 2008 5:28 PM To: Faith Christie Subject: RE: question re: jim loomis/ocean breeze modification of conditions Thanks Faith, I do not see that we would have any objections to this and I wish them well. Phil From: Faith Chnstie [mailto:FChnsti@vbgov.com] Sent: Tuesday, August 05,20084:37 PM To: Philip Upton Subject: RE: question re: jim loomis/ocean breeze modification of conditions Good Afternoon, I doubt that the modification will affect you. They are asking for permission to construct another go-kart track on the north Side of the park road. Let me know if you need further Information. ( Faith Chnstie, CZA, CBO Planner, City of Virginia Beach 2405 Courthouse Drive, Room 115 Virginia Beach, VA 23456 757 -385-6379 From: Philip Upton [mailto:pupton@camplngvb.com] Sent: Monday, August 04,200810:33 AM To: Faith Chnstle Subject: question re: jim loomis/ocean breeze modification of conditions Faith, We received a notice that Jim LoomiS c/o HP Ventures had applied for a modification of the condition of use permit. Could you tell us what the modification IS so that we can determine if there would be any Impact on us. Thanks. Phil Upton Holiday Trav-L Park \. 8/6/2008 I;i j - 38- Item V-J.8. PLANNING ITEM # 51974 (Continued) 2 The bUlldmg shall be constructed as shown on the submItted elevatIOns entitled. "Car Wash Faclllty. Holland Road. Vlrgmla Beach. McGmms Realty & Development" by Design-BUild Architecture dated 6/19/03 However. the north elevatIOn shall be reVised to change the "slgnage" to a wmdow or other archltecturalfeature The materials of the bUlldmg shall be split face or ribbed block and shall mclude no standard smoothface block All exterIOr surfaces of the bUIldmg shall have an earth tone color 3 The freestandmg sign shall be a monument or column-style sign no more than eight feet m height constructed of materials to match the bulldmg 4 A 20 5-foot reservatIOn along Holland Road shall be recorded prIOr to final site plan or subdIVISIOn approval, whichever comes first These Ordmances shall be efJecllve In accordance With SectIOn 107 (f) of the Zonmg Ordmance Adopted by the CounCil of the City of Vlrglma Beach. Vlrgmla, on the Second of December. Two Thousand Three Votmg J 0-0 (By Consent) CounCil Members Votmg Aye Harry E Dlezel, Margaret L Eure, Vice Mayor LOUIS R Jones. Reba S McClanan, Richard A Maddox. Mayor Meyera E Oberndorf. Jim Reeve. Peter W Schmidt, Rosemary Wilson and James L Wood CounCIl Members Votmg Nay None Council Members Absent Ron A Villanueva December 2.2003 - 37- Item V-J.8. PLANNING ITEM # 51974 Upon motIOn by Vice Mayor Jones, seconded by CounCilman Wood, City CounCil ADOPTED Ordznances upon applicatIOns of R. J. MCGINNIS for a ConditIOnal Change ofZonzng and ConditIOnal Use Permit ORDINANCE UPON APPLICATION OF R J MCGINNIS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AGRICULTURAL DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS ZOl 1031 167 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA Ordznance upon Appllcatzon ofR J McGznnzsfor a Chan~e ofZonznil District ClassificatIOn (rom AG-J Agricultural District to Condztlonal B-2 Community Buszness on property located on the east Side of Holland Road. approximately 200 14 feet south of Shipps Corner Road (portlOn of GPIN 14951689000000) The Comprehensive Plan recommends use of thiS property for a varzety of employment uses zncludzng buszness parks, offices and appropriately located zndustrlal and employment support uses DISTRICT 6 - BEACH The followmg condltzon shall be required 1 An Agreement encompassmg proffers shall be recorded With the Clerk of Circuli Court AND. ORDINANCE UPON APPLICATION OF R J MCGINNIS FOR A CONDITIONAL USE PERMIT FOR A CAR WASH R012031149 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordznance upon ApplicatIOn of R J McGznms for a ConditIOnal Use Perml1 for a car wash on property located on the east Side of Holland Road, approximately 200 14 feet south of Shipps Corner Road (portIOn ofGPIN 14951689000000) DISTRICT 6 - BEACH The followzng conditIOns shall be required 1 The site shall be developed as shown on the submitted site plan entitled. "Concept Plan. Proposed SIX Bay Car Wash" dated Oct 1.2003 by Gallup Surveyors and Engzneers December 2, 2003 R.J. McGINNIS OBI R-SD Relevant Information: · Beach District · The applicant requests Modification of the previous Use Permits for the addition of a go~kart track and paintball area in an area originally designated on the Use Permit plans for parking · Staff has visited the site several times to determine if the reduction in the parking is detrimental to the overall operation of the park. Staff found on those visits that sufficient parking exists to satisfy the needs of the customers. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10~O). · Consent Agenda. · No opposition. =.~~\>l1A ~~~, ..ct. :t>' m .,," f~ \~ - '.~ \\., _L., iJ ~.. ;p'" " .. '<K."~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: R. J. MCGINNIS, Modification of Proffers, 3176 Holland Road, BEACH DISTRICT MEETING DATE: September 9,2008 . Background: A Conditional Rezoning from AG-1 Agricultural District to Conditional B-2 Community Business District was approved by the City Council on December 2, 2003. The proffers submitted with that rezoning tied the development of the site to a car wash facility The applicant now proposes to develop the site with an office-retail building, associated parking, and landscaping. The applicant's proposal IS inconsistent with the 2003 proffers currently governing development of the site; thus, the applicant requests modification of the proffers. . Considerations: Proffers 1 and 2 are requested for modification. Proffer 1 requires the site be developed substantially In accordance with the plan submitted with the 2003 Change of ZOning. Proffer 2 limits the use of the site to a car wash. The applicant's preliminary site plan for the office-retail complex depicts a 6,000 square foot building positioned 35 feet from the front property line adjacent to Holland Road, 6.33 feet from the southern property line adjacent to the plant nursery, 54 feet from the northern property line adjacent to the gasoline station, and 65 feet from the eastern property line. A 32.5 foot Ingress-egress easement IS depicted along the entire length of the northern portion of the site. ThiS Ingress- egress prOVides access to the parcel to the east. Thirty (30) parking spaces, as well as landscaping are dispersed on the site. The submitted elevation depicts a single-story building of yellow hard i-plank Siding, white Windows, 30-year weatherwood roof shingles, and various architectural details, primarily In Colomal style. The Planning CommisSion placed thiS item on the consent agenda because the proposed office use IS compatible with the surrounding land uses, the proposal IS consistent with the Comprehensive Plan, and there was no opposition. R. J. MCGINNIS Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request as proffered. . Attachments: Staff Review Disclosure Statement Plannmg Commission Minutes location Map Recommended Action: Staff recommends approval. PIa Ing CommIssIon recommends approval. Submitting Department/Agency: Planmng Department City Manager: ~ :~ 6'<"t. REQUEST: Modification of Proffers from the Conditional Change of Zoning from AG-1 Agricultural District to Conditional B-2 Community District granted by the City Council on December 2, 2003. MCGINNIS, R.J. Agenda Item 8 August 13, 2008 Public Hearing Staff Planner. Faith Christie ADDRESS I DESCRIPTION: Property located 3176 Holland Road GPIN: 14951657690000 COUNCIL ELECTION DISTRICT: 6. BEACH SITE SIZE: 28,314 square feet (0.65 acre) SUMMARY OF REQUEST The applicant proposes to develop the site with an office-retail building, associated parking, and landscaping. The applicant's proposal IS Inconsistent with the proffers currently govermng development of the site; thus, the applicant requests modification of the proffers. The Conditional Rezoning from AG-1 Agricultural District to Conditional B-2 Community Business District was approved by the City Council on December 2, 2003. The Conditional Rezonrng has four proffers: 1 The preliminary site plan submitted by the Grantors and the Applicant to the Department of Plannrng with this Agreement and entitled "Concept Plan Proposed Six Bay Carwash by R.J. McGinnrs" dated October 1, 2003 (the "Plan") IS Incorporated herein by reference and forms a part of this Agreement and shall be substantially adhered to In the development of the Property. 2. The only permitted use on the Property IS to be a car wash unless agreed to by City Council. 3. The Grantor and the Applicant agree to make a right-of-way reservation on Holland Road according to the requirements of the City of Virglnra Beach Master Transportation Plan Map as Amended and Adopted May 27,2003. 4. Further conditions may be required by the Grantee dUring detailed site plan and I or subdiVIsion review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. MCGINNIS, R. J. Agenda Item 8 Page 1 Proffers 1 and 2 are requested for modification. Proffer 1 requires the site be developed substantially In accordance with the plan submitted with the 2003 Change of ZOning. Proffer 2 limits the use of the site to a car wash. The applicant's prelimInary site plan for the office-retail complex depicts a 6,000 square foot building positioned 35 feet from the front property line adjacent to Holland Road, 6.33 feet from the southern property line adjacent to the plant nursery, 54 feet from the northern property line adjacent to the gasoline station, and 65 feet from the eastern property line. A 32.5 foot Ingress-egress easement IS depicted along the entire length of the northern portion of the site. This Ingress-egress prOVides access to the parcel to the east. Thirty (30) parking spaces, as well as landscaprng are dispersed on the site. The submitted elevation depIcts a single-story building of yellow hard i-plank siding, white windows, 30- year weatherwood roof shingles, and various architectural details, primarily In Colonial style. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped site SURROUNDING LAND USE AND ZONING: North: · Gasoline Station with a Convenience Store and Car Wash I B-2 Community Business · Garden Center I AG-2 Agricultural · Single-family dwelling I Conditional 1-1 Light Industrial . Holland Road · Across Holland Road are Self-Storage units and a Gasoline Station with a Convenience Store I B-2 Community Busrness South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no known natural resources or cultural features of any significance assOCIated with thIs site. AICUZ: The site IS In an AICUZ of 70 to 75dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Holland Road In front of this request IS a four-lane minor urban arterial. The current Capital Improvement Program Includes a roadway Improvement project for the Widening of this section of Holland Road to a six-lane divided roadway (Holland Road Phase VII). ThIs project IS currently unfunded and IS not scheduled for construction until FY 2014. MCGINNIS, R. J. Agenda Item 8 Page 2 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Holland Road 24,760 ADT 1 22,800 ADT EXisting Land Use 'L - 648 ADT Proposed Land Use 3 - 153 ADT (40 PM peak hour trips) Average Dally Trips 2 as defined by SIX car wash stalls 3 as defined by Proposed Office-Retail WATER: ThiS site must connect to City water There IS a 16-Inch water line In Holland Road, and a 12-Inch water line In Shipps Corner Road. SEWER: ThiS site must connect to City sanitary sewer AnalysIs of Pump Station #551 and the sanitary sewer collection system IS reqUIred to ensure future flows can be accommodated. There are 8-Inch City gravity sanitary sewers In Shipps Corner Road and Holland Road. SiX-Inch force mains eXist In both Shipps Corner Road and Holland Road. SCHOOLS: School populations are not affected by the request. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of thiS request with the submitted proffers. The proffers are provided below. ComprehenSive Plan: The ComprehenSive Plan Map Identifies the site as being within a Pnmary Residential Area. Limited commercial or Institutional activities providing desired goods or services to resIdential neIghborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities. Evaluation: The request to modify the eXisting proffer agreement on the site IS acceptable. The proposal conforms to the ComprehenSive Plan recommendations for the area. Surrounding uses In the area Include a gasoline station with a convenience store and car wash Immediately north of the site. To the east of site, properties have been rezoned to accommodate office-warehouse facilities. Across Holland Road, there IS an office building and a convemence store with gasoline pumps. To the south of the site IS a plant nursery. In thiS area an office-retail building IS more compatible with the eXisting uses than the six-bay car wash facility previously proffered; therefore, staff recommends approval subject to the proffers listed below. MCGINNIS. R. J. Agenda Item 8 Page 3 PROFFERS The followIng are proffers submitted by the applicant as part of a Conditional ZOning Agreement (CZA). The applicant, consistent with Section 107(h) of the City ZOning Ordinance, has voluntarily submitted these proffers In an attempt to "offset Identified problems to the extent that the proposed rezoning IS acceptable," (9107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with thIs change of zonIng. PROFFER 1: The prelimInary site plan submitted by the Grantors and the Applicant to the Department of Planning with this Agreement and entitled "Office I Retail Building Parcel B1-B-4" dated May 1,2008 (the "Plan") IS Incorporated herein by reference and forms a part of this Agreement and shall be substantially adhered to In the development of the Property. PROFFER 2: The only permitted use on the Property IS to be an office and retail building unless agreed to by City Council. PROFFER 3: The covenants, restrictions and conditions set forth herein replace and supersede the 2003 Proffers with the exception of Section 3 of the 2003 Proffers, which remains In full force and effect. PROFFER 4: Further conditions may be required by the Grantee dUring detailed Site Plan review and administration of applicable City Codes by all cognizant City AgenCies and departments to meet all applicable City Code reqUirements. STAFF COMMENTS: The proffers are acceptable as they Insure the site will be developed m accordance with the submitted preliminary site and elevation plans. The submitted prelimmary site plan depicts a coordinated development of the site m terms of deSign, landscapmg, parking layout, and traffic control and clfculation withm the site. The City Attorney's Office has reviewed the proffer agreement dated May 23, 2008, and found it to be legally suffiCient and In acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MCGINNIS, R. J. Agenda Item 8 Page 4 - - MCG\NN\S. R. J. Agenda \tem 8 Page ~ :Ii ',I' It;, l :~~~! ~;;N~; G. vl t,. ,t ! ~ , :~ t'" ,::}' r \ :<s::; ;3 ! " ;; ~* ;;- ~~ n t~ ~~ ''^'7~:;:-'^--'_.'.' , ~. ... 0'::< ~i~~ 15S! w,,! ex <; 0:> li-lli~tI) r I / . ~ J~ I I i I " ~ !' il J . ii . 'I .~ , I :1 i I I , I' N . ,', I !.' ~ i~. ,. ~~ ;; " n -'it)! liJfi -I 10 Iz , i9...:l, >- 3CD'. ~ o:~ CD,. I ' <l-J ~- '" ~ ll. ;J rn "~_f_L ~ ..... -I~ ijl'd li,Itlli' zrVi "~ . ~ll. G: I>- o t t , ~ : Ii ; ., J ~. ~ '" ! ~ {} '" ~ rJ x. _ 113Nl1OO _ PROPOSED SITE PLA MCGINNIS. R. J. Agenda Itetn 8 Page 6 , ,~-----~"""".,,~~, ,-'" '1- G ~ ? ~ ij -- uJ . '41 ,.::>- r- -;.. ~.. C'. ;}. , ~ ~ <,j~ - I ;1 V;11 ','\ lillI' : 1'\ It ..\ ..~;;. . ", : \ ' ~( .' 1 \, ~ \.;.." . V,"ll' ,t\ ~ : ~,,,.' -1 ~ '" D .J ~ () 0 t ~ ~ 4. ~ \:l( ~ ~ -- ~ '. -1 ., 0 - ~~ ~ ~-, iil ~ ...) '. ' :.\ >. c \lJ ~ J .t " o 1 J! j , "'~ '~:' PROPOSED BUILDING ELEVATION MCGINNIS. R. J. Agenda Itern 8 Page 7 R-SD Modification of Proffers 1 4/7/65 Rezoning (A-R Agncultural to C-L 2 Limited Approved Commercial and C-G 2 General Commercial) and a Conditional Use Permit for a Service Station 1/13/69 Conditional Use Permit (Kennel) Approved 10/28/91 Rezoning (B-2 Business to AG-1 Agncultural) Approved 12/12/03 Rezoning (AG-1 Agricultural to Conditional B-2 Approved Business and a Conditional Use Permit Carwash 2. 12/2/03 Rezoning (AG-1 Agricultural to Conditional 1-1 Approved LI ht Industnal 3. 6/25/02 Conditional Use Permit (Lodge) Approved 8/14/01 Rezoning (AG-1 Agncultural to A-12 Apartment Denied with a Planned Unit Overlay) 10/28/91 Rezonln B-2 Business to AG-1 A ncultural 4 12/14/93 Conditional Use Permit Church ZONING HISTORY MCGINNIS, R. J. Agenda Item 8 Page 8 2/25/92 Conditional Use Permit (Golf Range) Approved 10/28/91 Rezoning (1-1 Light Industnal to AG-1 Agncultural) Approved 4/23/90 Rezoning (AG-1 Agncultural to 1-1 Light Industnal) Approved 5/23/88 Conditional Use Permit Retail sales and nurse A roved 5. 1 0/24/00 Conditional Use Permit Church A roved 6. 4/12/94 Conditional Use Permit Motor Vehicle Sales A roved 7 2/14/06 Conditional Use Permit (Mini-warehouses) Approved 7/6/87 Conditional Use Permit Bulk Stora e Ap roved 8. 1/12/99 Conditional Use Permit (Outdoor recreational Approved facility - dnvlng range, mini-golf, batting cages, and pro-shop) 2/25/92 Conditional Use Permit (Dnvlng range) Approved 9. 10/14/03 Modification of Conditions Approved 1 0/29/02 Conditional Use Permit Church A roved ZONING HISTORY MCGINNIS, R. J. Agenda Item 8 Page 9 z <:> I I r · ~ ~ ~ ~ I I r I I I ~ <<:...:) rT 1 <:> ~ I I r I ~ I I [71 I I ~ <:> ~ II DISCLOSURE STATEMENT 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) /t 5. (Vlc. G ':VII/iS 2. list all bUSinesses that have a parent~subsldiary1 or affiliated bUSiness entitf relationship with the applicant: (Attach list if necessary) o Check here if the applicant's NOT a corporation, partnership, firm, bUSiness, or other unincorporated organization. ......... ~e 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 Ci!Y of Virginia Beach have an Interest In the subject land? Yes _ No ~ If yes, what 's the name of the offiCial or employee and the nature of the,r Interest? Modification of COnditions Application Page 10 of 11 Revised 713107 MCGINNIS, R. J. Agenda Item 8 Page 10 I 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 seMC8S: (Attach Hst W ~~) ~. fJl::::'i' -- c;;~"k;l; 3::.~ 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 detenmnlng the eXIStence of an affiliated bUSiness entity relationshIp Indude 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 dose 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. /J. /kc6~~,~ Pnnt Name ~ 3:" M cG;",...,-,r Pnnt Name Modification of Conditions Application Page 11 of 11 Rl!VlSed 7/3/2007 I I I z o I I 8 ~ ~ ~ I I I · I I ~ C-' rT' I o ~ I I 8 I I rT' I I I ~ o ~ MCGINNIS, R. J. Agenda Item 8 Page 11 Item #8 RJ McGinnIs ModificatIOn of Proffers 3176 Holland Road DIstnct 6 Beach August 13, 2008 CONSENT Joseph Strange: The next matter IS agenda Item 8. An applicatIOn ofRJ McGinnIs for a ModificatlOn of Proffers for a Change of Zomng request approved by City Council on December 2, 2003. The property IS located at 3176 Holland Road, DIstnct 6, Beach, wIth four proffers. RJ McGinnIs: Hi. I'm R.J. McGinnIs and I agree wIth the report. 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, RJ McGinnIs, proposes to develop thIS SIte WIth an office retail building, assocIated parkmg and landscapmg. The ConditlOnal Rezomng from AG-l Agncultural DIStnCt to ConditIOnal B-2 Commumty Busmess DIStnCt was approved by the City Council on December 2, 2003, and ongmally mcluded a SIX bay car wash facility The applicant's prelimmary SIte plan for the office retail complex to be developed depIctS a 6,000 square foot building posItIOned 35 feet from the front property line adjacent to Holland Road. The submItted elevatlOn depIctS a smgle-story building WIth yellow hardi-plank SIding, whIte wmdows, 30-year weatherwood roof shmgles, and vanous archItectural details, done pnmarily m Colomal style. Staff believes the proposal conforms to the ComprehensIve Plan recommendatlOns for the area. The surrounding uses m the area mclude a gasoline statIOn WIth a convemence store and a c-arwash Immediately north of the SIte. The CommIssIon IS unaware of any opposItIon of thIS applicatIon, and believes the project will enhance the surrounding commumty, and therefore supports the applicatIOn by consent. Thank you Mr. Strange. Joseph Strange: Thank you DavId. Madam ChaIrman, I will make a motIon to approve agenda Item 8. JanIce Anderson: A motIon by Joe Strange. Barry KnIght: I'll second It. Jamce Anderson: A second by Barry Kmght. AYE 10 NAY 0 ABSO ABSENT 1 Item #8 RJ McGinnIs Page 2 ANDERSON BERNAS CRABTREE HENLEY HORSLEY KA TSIAS KNIGHT LIVAS REDMOND RUSSO STRANGE AYE ABSENT AYE AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved Item 8 for consent. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7199 DATE. August 27, 2008 TO. FROM: Leslie L. Lille~ B. Kay Wilson DEPT City Attorney DEPT City Attorney RE. Conditional ZOning Application; Shipps-Hoiland ASSOCiates, L.L.C.lR.J. McGinniS The above-referenced conditional zOning application IS scheduled to be heard by the City Council on September 9, 2008. I have reviewed the subject proffer agreement, dated May 23,2008 and have determined it to be legally sufficient and In proper legal form. A copy of the agreement IS attached. Please feel free to call me if you have any questions or wish to discuss thiS matter further BKW/ka Enclosure cc: Kathleen Hassen (wI enclosure) FIRST AMENDMENT TO AGREEMENT REGARDING PROFFERED COVENANTS. RESTRICTIONS AND CONDITIONS THIS FIRST AMENDMENT TO AGREEMENT REGARDING PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS made this 23rd day of May, 2008, by and between SHIPPS-HOLLAND ASSOCIATES, L.L.C., a VirgmIa limited liability company, "Grantor" and R. J McGINNIS (the "Applicant"), both Grantors for purposes of mdexmg and the CITY OF VIRGINIA BEACH, a MunICIpal corporatIOn of the Commonwealth of VirgmIa, heremafter called "Grantee" RECITALS: R -1 The Grantor IS the record fee simple owner of the property located m the Prmcess Anne DIstnct, City of Virglma Beach and described m ExhibIt A attached hereto (the "Property") and incorporated mto thIS Agreement R-2. The Applicant has mItIated a modificatIOn to a conditIOnal amendment to the zonmg map of the City of VirgIma Beach, Virgmia, by petItIOn of the Applicant addressed to the Grantee, so as to modify conditIOns to the zonmg claSSIficatIon of the Property. Specifically, the Applicant has requested the Grantee permIt thIS modification of the prevIOusly proffers, covenants, restnctlOns and conditIOns as contamed in that certam Agreement dated October 1, 2003 and recorded IIi the Clerk's Office of the CirCUIt Court of the City of VirgmIa Beach, VirgIma as Instrument #2004010700003184 (the "2003 Proffers") to reflect amendments applicable to the land use plan of the property. The proposed modification IS made pursuant to the terms of the zomng ordinance of the City of Virgima Beach, Virglma, adopted April 18, 1988, as amended and as m effect as ofthe date of thIS Agreement (the "Zomng Ordinance"). R-3 The Grantee's policy IS to proVIde only for the orderly development of land, for commerCIal purposes through zonmg and other land development legIslation. R-4 The Grantor and the Applicant acknowledge that competmg and sometImes mcompatible uses conflict and that m order to permIt different uses on and m the area of the Property and at the same tIme to recognize the effect of the changes, and the need for vanous types of uses, mcluding those listed above, certain reasonable conditIOns govermng the use of the Property for the protectIon of the commumty that are not generally applicable to land SImilarly zoned B-2 conditional are needed to cope WIth the situatIon WhICh the Applicant's rezomng applicatIOn gIves nse to. R-5 The Grantor and the Applicant have voluntarily offered, m writmg, m advance of and pnor to the public heanng before the Grantee, as part of the proposed amendment to the zomng map WIth respect to the Property, m additIon to the regulatIons prOVIded for m the Prepared by Harry R. Purkey, Jr., P C. 1 303 34th Street, SUIte 5 VirgmIa Beach, VA 23451 GPIN: 1495 1689000000 existmg B-2 zonmg distrIct by the Zomng Ordinance, the followmg reasonable conditIOns related to the physIcal development, operatIon and use of the Property to be adopted as part of saId amendment to the zoning map relatIve and applicable to the Property, whIch have a reasonable relatIOn to the reZOnIng and the need for whIch It IS generated by the reZOnIng. R-6. The conditIOns outlined m thIS Agreement have been proffered by the Grantor and the Applicant and allowed and accepted by the Grantee as part of the amendment to the Zomng Ordinance and the zomng map. These conditions shall contmue m full force and effect until subsequent amendment changes the zoning of the Property; however, that such conditIOns shall contmue despIte a subsequent amendment If the subsequent amendment IS part of the comprehensIve ImplementatIOn of a new or substantIally reVIsed zomng ordinance of the Grantee, unless, notwIthstanding the foregomg, the conditions are amended or varied by WrItten mstrument recorded m the Clerk's Office of the Circuit Court of the City of VirgmIa Beach, VirgmIa and executed by the record owner of the Property at the tIme of recordation of such mstruments; proVIded further that saId instrument is consented to by the Grantee m wrItmg as eVIdenced by a certIfied copy of the ordinance or resolutIon adopted by the governmg body of the Grantee, after a public hearIng before the Grantee advertIsed pursuant to the proVISIons of the Code of VirgIma, SectIon 15.2-2204, whIch saId ordinance or resolution shall be recorded along WIth saId mstrument as conclUSIve eVIdence of such consent. WITNESSETH: NOW, THEREFORE, the Grantor and the Applicant, for themselves, theIr successors, personal representatIves, aSSIgns, grantees and other successors m title and mterest, voluntarily WIthout reqUIrement by or exactIOn from the Grantee or ItS govermng body and WIthout any element of compulSIOn or qUId pro QUO for zomng, rezoning, site plan, building permit or subdiVIsion approval, hereby make the followmg declaratIOn of conditIons and restrIctIons whIch shall restrIct and govern the phYSIcal development, operatIOn and use of the Property and hereby covenant and agree that thIS declaratIon shall constItute covenants runnmg WIth the Property, whIch shall be bmding upon the Property and upon all partIes and persons claIffimg under or through the Grantors, theIr successors, personal representatIves, aSSIgns, grantees and other successors m mterest or tItle. 1 The prelimmary SIte plan submItted by the Grantors and the Applicant to the Department of Plannmg WIth this Agreement and entItled "OfficelRetail Building Parcel B I-B4" dated May 1, 2008 (the "Plan") IS mcorporated herein by reference and forms a part of thIS Agreement and shall be substantIally adhered to in the development of the Property 2. The only permItted use on the Property IS to be an office and retail building unless agreed to by City Council. 3 The covenants, restrIctIOns and conditIOns set forth herem replace and supersede the 2003 Proffers WIth the exceptIOn of Section 3 of the 2003 Proffers, whIch remaIns m full force and effect. 2 4 Further conditIons may be reqUIred by the Grantee dunng detailed sIte plan and/or subdivIsIon reVIew and admmIstratIOn of applicable City Codes by all cogmzant City agencIes and departments to meet all applicable City Code requirements. The Grantor and the Applicant covenant and agree that: a. The Zoning AdmmistratIOn of the City of VirgmIa Beach, VirgIma, shall be vested WIth all necessary authorIty on behalf of the governing body of the City of VirgmIa Beach, VirgInIa, to admmIster and enforce the foregomg conditIOns and restrIctions, mcluding the authonty (i) to order m wrItmg that any non-compliance WIth such conditions be remedied and (ii) to brIng legal actIon or SUIt to msure compliance with such conditIOns mcluding mandatory or prohibItory inJunctIon, abatement, damages or other appropriate actIOn, SUIt or proceedings. b. Failure to meet all conditIons and restrIctions shall constItute cause to deny the Issuance of any of the reqUIred building or occupancy permIts as may be approprIate. c. If aggrIeved by any decIsIon of the Zomng AdmInIstrator made pursuant to the provlSlons of the City Code, the ZonIng Ordinance, or thIS Agreement, the Grantor shall petItIon .the governIng body of Grantee for the reVIew of such declSlon prIor to instItutmg proceedings in court. d. The Zonmg Map shall show by an approprIate symbol on the Map the eXIstence of conditIOns attachmg to the zonmg of the Property on the map and that the ordinance and the conditIons may be readily available and accessible for public mspectIOn m the office of the Zonmg AdmInIstrator and m the Plannmg Department and that they shall be recorded m the Clerk's Office of the CirCUIt Court of the City of VirgmIa Beach, Virgima, and mdexed m the name of the Grantor and Grantee. SIGNATURE LINES ON FOLLOWING PAGE 3 WITNESS the followmg sIgnatures and seals: Shipps-Holland AssocIates, L.L.C. By: McGinnis Realty and Development Co , Manager By' (SEAL) (SEAL) STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH; to-WIt; I, I? e/Je.eAM6r/Cl ~a Notary Public m and for the City and State aforesaId, do hereby certIfy that R. J McGinnis, PresIdent of McGinnis Realty and Development Company, Manager of ShIpps-Holland AssocIates, L.L.C., has acknowledged the same before me m my City and State. . v-d GIVEN under my hand this Z3 day of (Y) MycommIssIon expIres: p '- ~O ) I f) ID#' ;9';::i:::~'~~~ .',' d~;lj\L SEAL R[~'!l:I: '\. MORLAN '-,' ~ '<:~'V ~)' ~~ r~ ~,=~;~4Y COMMa: ;:j,C;'H CF ViRGINIA STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH; to-WIt; ~v'ee A. MCk'lu \^.;-a Notary Public m and for the City and State aforesaId, do hereby certIfy that R. J. McGinnIs has acknowledged the same before me m my City and State. GIVEN under my hand thIS23lJty of (Y)fu1 ,2008. ( - "'----;) ~ /If I j i~ ~ ~'-(SEAL) ~ic/ ./" 1[" ,f j':~.:?(';~~.0' MG~mISSIOn expIres: c)lo ID#' - ~-ll~~L . iv,CjF!LAN , "~,.i,:J ... . ' _,;'JIMGI~IA Network/Development AgreementslModificatlon ofProffers-McGinms & Shipps-Hoiland ~,. . -_t,,":;:;r 4 EXHIBIT" A" BEGINNING at a point m the eastern sIde of Holland Road, whIch said pomt IS located at the mtersection of the eastern side of Holland Road and the boundary line between the property herem described and that certain parcel described as "Parcel A", as shown on that certam plat recorded m the Clerk's Office of the CirCUIt Court of the City of Virgmia Beach, VirgIma, in Deed Book 2633, at page 2039, WhICh saId pomt also bemg at the northwestern comer of the property herem described and the southwestern comer of the aforesaId Parcel A, thence North 67 degrees 58'43" E 200 feet to a point; thence south 20 degrees 57'56" E 153.26 feet to a pomt; thence south 75 degrees 02'23" W 210.94 feet to a pomt m the eastern SIde of Holland Road; thence turnmg nght and runnmg along the eastern SIde of Holland Road along a curve to the left, the radius of WhICh IS 473.20 feet, a distance of 90.27 feet to a pomt; thence contmumg along the eastern SIde of Holland Road along a curve to the left, the radius of whIch being 2,348.83 feet, a distance of 27.94 feet to the pomt ofbegmmng. THE ABOVE-DESCRIBED property constItutes a portIOn of that certam pIece or parcel of land WIth the buildings and Improvements thereon, SItuate, lymg and bemg m the City of VirgmIa Beach, Virgmia, bemg known, numbered and desIgnated as Parcel B I-B, as shown on that certam plat entItled "SubdiVIsIOn of Property, Parcel Bl, SubdivisIOn of Property of Margaret A. Drummond & James R. and Marguente Johnson, D.B. 2709, P 2214 (Plat), VirgmIa Beach, VirgmIa", whIch saId Plat IS duly recorded m the Clerk's Office of the Circuit Court of the City ofVirgIma Beach, Virgmia, in Map Book 293, at pages 34 and 35. 5 , I - 26- Item V-J.4. ORDINANCES/RESOLUTIONS ITEM # 57718 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to REFER to the Planmng CommisSIOn, for their recommendation: AMENDMENTS to 9111,901,100/, /511 and 1521, and. ADD 9223.1 to the City Zonmg Ordinance (CZO) re automobile museums. Voting: 1/-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Dlezel, Robert M Dyer, Barbara M Henley, Vice Mayor LOUIS R. Jones, Reba S. McC/anan. Mayor Meyera E. Oberndorf, John E. Uhrm, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 10, 2008 "I I ITEM: CITY OF VIRGINIA BEACH, Amendment to the City Zonina Ordinance- Automobile Museums MEETING DATE: September 9,2008 . Background: An Ordinance to Amend and Reordaln the City Zoning Ordinance by Amending Section 111, 901, 1001, 1511, and 1521 and Add a New Section 223.1, Defining Automobile Museums, Establishing Automobile Museums as a Conditional Use In the B-1A, B-2, B-3, B-4, B-4C and B-4K Business Districts, the 1-1 and 1-2 Industrial Districts and the RT-2 and RT-3 Resort Tourist Districts and Setting forth Requirements Pertaining to the Use. . Considerations: On June 10, 2008, the City Council referred to the Planning Commission the attached ordinance, requested by Councilmember Bill DeSteph, which would allow automobile museums In the B-1A, B-2, B-3, B-4, B-4C and B-4K Business Districts, the 1-1 and 1-2 Industrial Districts and the RT-2 and RT-3 Resort Tourist Districts as conditional uses. A definition of "automobile museums" IS provided In section 111 and the substantive requirements are In a new section 223.1 These sections make clear that automobile museums are for the primary purpose of displaYing automobiles as museum exhibits and sales of such are clearly secondary The ordinance allows a limited amount of work on the automobiles on display and do not allow work to be performed on ordinary automobiles. The proposed amendment Introduces a new use to the city that will be of Interest to both reSidents and visitors. Allowing automobile museums as a Conditional Use will ensure compatibility of the museum to the area where it IS located. The Planning CommiSSion placed this item on the consent agenda because the amendment provides a new use that will draw the Interest of reSidents and visitors to the city and there was no opposition. . Recommendations: The Planning CommiSSion passed a motion by a vote of 10-0 to recommend adoption of the amendment to the City Council. CITY OF VIRGINIA BEACH - AUTOMOBILE MUSEUM AMENDMENT Page 2 of 2 . Attachments: Staff Review Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgencYi ~Ian",ng Department ^ ~ I r CltyManager:~1 \L- '2::D~ f y' , I CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE I AUTO MUSEUMS Agenda Item 11 August 13, 2008 Public Heanng REQUEST: An Ordinance to Amend and Reordaln the City ZOning Ordinance by Amending Section 111, 901, 1001, 1511, and 1521 and Add a New Section 223.1, Defining Automobile Museums, Establishing Automobile Museums as a Conditional Use In the B-1A, B-2, B-3, B-4, B-4C and B-4K BUSiness Districts, the 1-1 and 1-2 Industrral Distrrcts and the RT-2 and RT-3 Resort Tourrst Distrrcts and Setting forth ReqUIrements PertaIning to the Use. SUMMARY OF AMENDMENT On June 10, 2008, the City Council referred to the Planning Commission the attached ordinance, requested by Councilmember Bill DeSteph, whIch would allow automobile museums In the B-1A, B-2, B-3, B-4, B-4C and B-4K BUSIness Districts, the 1-1 and 1-2 Industrial Distrrcts and the RT-2 and RT-3 Resort TOUrist Distrrcts as conditional uses. A definition of "automobile museums" IS prOVided In section 111 and the substantive requirements are In a new section 223.1 These sections make clear that automobile museums are for the prrmary purpose of displaYing automobiles as museum exhibits and sales of such are clearly secondary. The ordinance allows a limited amount of work on the automobiles on display and do not allow work to be performed on ordinary automobiles. RECOMMENDATION The proposed amendment Introduces a new use to the city that will be of Interest to both reSidents and Visitors. AllOWing automobile museums as a Conditional Use will ensure compatibility of the museum to the area where it IS located. Staff, therefore, recommends approval of the amendment. CITY OF VIRGINIA BEACH / AUTO MUSEUMS Agenda Item 11 Page 1 ( REQUESTED BY COUNCILMEMBER BILL R. DeSTEPH 1 /J. RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION AN ORDINANCE TO AMEND AND 3 fl~EORDAIN THE CITY ZONING ORDINANCE BY 4 AMENDING SECTIONS 111, 901, 1001, 1511 AND 1521 5 AND ADD A NEW SECTION 223.1, DEFINING 6 AUTOMOBilE MUSEUMS, ESTABLISHING AUTOMOBilE 7 MUSEUMS AS A CONDITIONAL USE IN THE B-1A, B-2, B- 8 3. B-4, B-4C AND B-4K BUSINESS DISTRICTS, THE 1-1 9 AND 1-2 INDUSTRIAL DISTRICTS AND THE RT-2 AND RT- 10 3 RESORT TOURIST DISTRICTS AND SETTING FORTH 11 REQUIREMENTS PERTAINING TO THE USE 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so reqlJire; 15 16 NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 19 That the above-entitled ordinance, a copy of whIch is attached, IS hereby referred 20 to the Planning Commission for its consideration and recommendation. 21 22 COMMENT 23 24 The Res,()lutioD refers to the PlaDDiDg CommissioD aD OrdiDaDce requested by 25 CouDcilmember)Jill R. DeStepb tbat defiDes aDd establishes automobile museums as a conditional 26 use in the B-IA.Il-2, B-3, 8-4, B-4C, 8-4K, 1-1, 1-2, RT-2, and RT-3 Zoning Districts. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of 29 , 2008. CA-10720 R-1 May 27, 2008 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /' iAJ Ufk;t a 'v) fIIuJ City Attorney's Office t Planning epartment 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 \, IIII 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 REQUESTED BY COUNCILMEMBER BILL R. DeSTEPH AN ORDINANCE TO AMEND SECTIONS 111, 901, 1001, 1511 AND 1521 AND ADD A NEW SECTION 223.1, DEFINING AUTOMOBILE MUSEUMS, ESTABLISHING AUTOMOBILE MUSEUMS AS A CONDITIONAL USE IN THE B-1A, B-2, B-3, B-4, B-4C AND B-4K BUSINESS DISTRICTS, THE 1-1 AND 1-2 INDUSTRIAL DISTRICTS AND THE RT-2 AND RT-3 RESORT TOURIST DISTRICTS AND SETTING FORTH REQUIREMENTS PERTAINING TO THE USE Sections Amended: City Zoning Ordinance Sections 111, 901, 1001, 1511 and 1521 Section Added: City Zoning Ordinance Section 223.1 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That Sections 111, 901,1001,1511 and 1521 of the City Zoning Ordinance are hereby amended and reordained, and a new Section 223.1, pertaining to automobile museums, IS hereby added, to read as follows: Sec. 111. Definitions. For the purpose of this ordinance, words used in the present tense shall Include the future; words used in the Singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permiSSive; the word "land" Includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as herein Indicated: Automobile museum. A museum at which vintaae or classic automobiles manufactured prior to 1971. exotic or limited-production automobiles. or automobiles havlna a special cultural or historical sianificance and aeneraltv reaarded as collector's 40 items are displ,ayed as exhibits and may be made available for purchase bv members of 41 the aeneral public as an ancillary activity. 42 43 44 COMMENT 45 46 The amelldment defines the term "automobile museum." Regulations pertaining to the use 47 are set forth in n.ew Section 123.1 below. 48 49 Sec. 223.1. Automobile museums. ( 50 In additkm to aeneral reaulrements. automobile museums shall be subiect to the 51 followina provls,ions: 52 53 (a) No automobiles. except for vlntaae or classIc automobiles manufactured 54 Prior to 1971. E!xotic or limited-production automobiles. or automobiles havina a special 55 cultural or historical slanificance and aenerally reaarded as collector's items shall be 56 exhibited. displ::iyed. offered for sale or stored on the property 57 58 (b) All automobiles that are exhibited. displayed or offered for sale shall be of 59 exhibition auality and appearance: 60 61 (c) No automobiles shall be exhibited. displayed or stored except within a 62 fully-enclosed buildina: provided. that a maxImum of three (3) automobiles may be 63 parked outside of a buildina for UP to seventy-tWo (72) hours for purooses of preparina 64 such automobiles to be displayed as a museum exhibit or delivered to a purchaser. and 65 prOVIded furthEtr. that if allowed by the conditional use permit. special shows of 66 automobiles moetina the reaUlrements of subsections (a) and (b) may be held outdoors 67 for penods of a maximum of five (5) days and no more freauentlY than once every thirty 68 (30) davs. 69 70 (d) No automobile shall be offered for sale unless it has been displaved as a 71 museum exhibit or at a special show for at least three (3) days. 72 73 (e) Nt) repaIrs or other work on automobiles. except for refurbishina and 74 restorina of automobiles meetina the reaulrements of subsection (a). detailina in 75 preparation for exhibition. and final preparation and assemblY for delivery to a person 76 purchaslna an automobile. shall be permitted. All such work shall be performed 77 indoors. except as allowed in subsection (c). 78 79 (f) The City Council may attach such other and further reasonable conditions 80 of the conditional use permit as it may deem necessary to ensure that the sale of 81 automobiles is conducted in such manner as to be ancillary to the use of the property as 82 a museum. 83 2 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 1111 COMMENT The sec:tion sets forth the substantive requirements governing automobile museums. The purpose of such requirements is to separate automobile museums, where the primary purpose is the display of automobiles as museum exhibits and sales are clearly secondary, from automobiles sales establishments. The amendments allow a limited amount of work on automobiles that meet the requirements for display and do not allow work to be performed on ordinary automobiles. Sec. 901. Use regulations [Business Districts]. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4K Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses Indicated by a lip" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective distncts. No uses or structures other than as specified shall be permitted. Use B-1 B-1 A B-2 B-3 B-3A B-4 B-4C B-4K Automobile museums C x C C C x C C COMMENT The amendments allow automobile museums as a conditional use in aU business districts except the B-1 Neighborhood Business Distric:t and the B-3A Pembroke Central Business Core Districts. Sec. 1001. Use regulations [Industrial Districts]. (a) Pnncipal and conditional uses. The following chart lists those uses permitted with.n the 1-1 and 1-2 Industrial Districts. Those uses and structures in the respective Industrial distncts 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. Use 1-2 1-1 Automobile museums ~ C 3 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 -160 161 162 163 164 165 166 167 168 169 170 171 ( COMMENT The amtlndments allow automobile museums as a conditional use in the 1-1 and 1-2 Industrial Distri.:ts. Sec. 1511. Use Regulations [RT-2 Resort Tourist District]. (a) ThE! following chart lists those uses permitted within the RT-2 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.). Buildings within the RT-2 District may include any principal 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 princIpal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Rel;ort Area Design GUIdelines. Use RT-2 Automobile museums C COMMENT The ame;lIdments allow automobile museums as a conditional use in the RT-2 Resort Tourist District. Sec. 1521. USIS Regulations [RT-3 Resort Tourist District]. (a) The following chart lists those uses permitted withIn the RT-3 Resort Tourist Distnct 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.). Except for single-family, duplex, semidetached and attached dwellings, builclings within the RT -3 District may include any principal or conditional uses in combination with any other principal or conditional use. No uses or structures other than those specified shall be permitted. All uses, whether pnncipal or conditional, should to the greatest extent pOSSible adhere to the provIsions of the Oceanfront Resort Area Design GUIdelines. 4 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 ", I I Use RT-3 Automobile museums C COMMENT The amendments allow automobile museums as a conditional use in tbe RT-3 Resort Tourist District. Adopted by the Council of the City of VirgInia Beach, Virgima, on the _ day of ,2008. CA-10624 R-4 May 27, 2008 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SU~~N;tjJ City Attorney's Office 5 Item # 11 City of VirgInIa Beach An Ordinance to Amend and Reordam the City Zomng Ordinance by Amending SectIons 111, 901, 1001, 1511, and 1521 and Add aNew SectIOn 223.1 Defimng Automobile Museums, Establishmg Automobile Museums as a ConditIOnal Use In the B-IA, B-2, B-3, B-4, B-4C and B-4K Busmess DIstncts, the 1-1 and 1-2 IndustrIal DIStrIcts and the RT-2 and RT-3 Resort TOUrIst DIStrIctS and Settmg forth ReqUIrements Pertammg to the Use. August 13,2008 CONSENT Joseph Strange: The next matter IS agenda Item 11 The City ofVirgmIa Beach for an Ordinance to Amend and Reordam the City's Zomng Ordinance by Amending SectIons 111, 901, 1001, 1511 and 1521 and add a new SectIon 223.1, definmg automobile museum, Establishmg Automobile Museum as a ConditIonal Use PermIt m the B-IA, B-2, B-3, B-4, B-4C and B-4K Busmess DIStrIct, the 1-1 and 1-2 Industnal Dlstncts and the RT-2 and RT-3 Resort TOUrIst DIStrIctS and Settmg Forth RequIrements Pertammg to the Use. ThIS IS on the consent agenda. Is there any opposItIOn to thIS bemg placed on the consent agenda? The ChaIrman has asked Bill Macali to reVIew thIS Item. ( Bill Macali: Madam ChaIr, thIs IS somethmg that IS a growmg use around the country It IS new to Virgmla Beach. What the ordinance does IS establish a new use called "Automobile Museums", WhICh IS a museum where certam types of automobiles, whICh are clasSIC vmtage automobiles, generally regarded as "collector's Items" are displayed. The difference between It and a normal museum IS that the exhibIts, m other words the automobiles, can be sold as an ancillary use. In order to make sure that the display museum type aspect of thIS use predommates, rather than the sales aspect, there are a number of conditIons m the ordinance. The use IS only a ConditIonal Use PermIt; so, Council will have complete control over thIS use. It IS, like I saId, an up and comIng use. It has been very successful m several locatIOns arourtd the country We don't antICIpate there would be any problem WIth thIS partIcular use. JanIce Anderson: Thank you. Joseph Strange: Thank you Bill. Madam ChaIrman, I will make a motIon to approve agenda Item 11 JanIce Anderson: A motIon by Joe Strange. Barry Kmght: I'll second It. JanIce Anderson: A second by Barry Kmght. ( Item #11 City ofVirgmIa Beach Page 2 ANDERSON BERNAS CRABTREE HENLEY HORSLEY KA TSIAS KNIGHT LIVAS REDMOND RUSSO STRANGE I I I AYE 10 NAY 0 ABSO ABSENT 1 AYE ABSENT AYE AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved Item 11 for consent. I I L. APPOINTMENTS HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE WORKFORCE HOUSING ADVISORY COMMITTEE " I M. UNFINISHED BUSINESS N. NEW BUSINESS 0 ADJOURNMENT Citv Council Sessions for November and December 2008 November 4 Election Day - No Sessions November 11 Veteran's Day - No Sessions November 18 Briefing, Informal, Formal, including Planning November 25 Briefing, Informal, Formal, including Planning December 2 Briefing, Informal, Formal, including Planning December 9 Briefing, Informal, Formal, including Planning 30th Anniversary of the Office of Volunteer Resources September 24,2008 4:00 - 6:00 PM V olunteer Recognition Garden I Comprehensive Plan Open Houses September 15, 2008 Tallwood Elementary School Dlstnct # 1 - Centerville 7:00 - 9:00 PM f September 18,2008 FaIrfield Elementary School DIstnct #2 - Kempsville I 7:00 - 9:00 PM September 22,2008 Red Mill Elementary School DIstrIct #7 - Prmcess Anne 7:00 - 9:00 PM September 29, 2008 Creeds Elementary DIstrIct #7 - Prmcess Anne 7:00 - 9:00 PM October 2, 2008 Landstown High School DIstnct #7 - Prmcess 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 lightenment DIstrIct #6 - Beach October 20, 2008 Prmcess Anne High School Dlstnct #4 Bayslde 7:00 - 9:00 PM Dlstnct #5 - Lynnhaven October 23, 2008 Bayslde RecreatIOn Center Dlstnct #4 Bayslde 7:00 - 9:00 PM Dlstnct #5 - Lynnhaven October 27, 2008 Cox High School Dlstnct #5 - Lynnhaven 7:00 - 9:00 PM I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DA TE: 9/2/08 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 I CITY MANAGER'S BRIEFINGS A HOUSINGINEIGHBORHOOD Ron RIpley, PRESERVATION Chamnan, Planning CommIssion Subcommittee Andrew l Fnedman, Director. Housing and NeIghborhood Preservation B FOSTER CARE UPDATE Robert Morin, Director, Human Serv Ices C ELIZABETH RIVER WATERSHED Clay BernIck, RESTORA TlON/ Coordinator, CONSERVATION ACTION PLAN EnvIronment Management Center I 11I1 lIIVNI CERTlFICA TION OF CLOSED CERTIFIED 10-0 y y y y y y y y A Y y VIIL SESSION -- F MINUTES InfonnallFonnal SessIons 8/26/08 APPROVED AS 9-0 A Y y y y y y y A Y Y CORRECTED B (item #57954 re S sWImming pools) T A I N E D JIHII PUBLIC HEARING NO SPEAKERS IL GIARDINO RISTORANTE - Open AIr Cafe CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V 0 I DATE: 9/2/08 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 I~ E A R I V 0 0 H L R S N F N A N D J/I Ordinances to AMEND the Code: ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y CONSENT ADD Sec 21-222 to RE- ESTABLISH/AUTHORIZE Red LIght Photo-Monitormg at traffic lights. Sec 27-5.1 re BURGLAR ALARM PERMIT servIce charges 2 Ordinances re COMPENSA nON: ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y City Manager CONSENT City Attorney City Clerk City Real Estate Assessor 3 Ordinance to GRANT franchIses re Open ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y AIr Cafe for II Giardino Restorante at 910 CONSENT Atlantic Avenue 4 Ordinance to DESIGNATE Bonney ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y Roadllnterstate 264 as EDIP CONSENT 5 Ordinance to AUTHORIZE encroachment ADOPTED, 10-0 Y Y Y Y Y Y Y Y A Y Y mto portIons of City's r-Q-w for CONDITIONED, RICHARD V/ KRISTEN C. BY CONSENT HAMPTON, at 2336 Spmdrift Road (DISTRICT 5 - L YNNHA VEN) 6 Ordinances to ACCEPT/APPROPRIA TE ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y CONSENT $15,000 GRANT to Fire re tllctical rescue equipment $98.093 GRANT re ensls Inten-ention Team I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: 9/2/08 M B L 0 C E L E 0 H C R A W PAGE: 3 S I E J L N U N I T E 0 N 0 A 0 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 0 K. APPOINTMENTS RESCHEDULED 10-0 B y C 0 N S E N S U S HISTORIC SITES ORGANIZING COMMITTEE REVIEW AND ALLOCA nON COMMITTEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMITTEE HUMAN RIGHTS COMMISSION Appomted 10-0 Y Y y y y y Y y A Y Y Unexpired James E. Parke 9/1/08 -313 III I L,MIN ADJOURNMENT 6:12 PM I PUBLIC COMMENT - 6: IJpm I Speaker Comprehensive Plan Open Houses September 15, 2008 Tallwood Elementary School Dlstnct # I - Centerville 7:00 - 9:00 PM September 18, 2008 FaIrfield Elementary School Dlstnct #2 - Kempsville 7:00 - 9:00 PM September 22, 2008 Red Mill Elementary School Dlstnct #7 - Pnncess Anne 7:00 - 9:00 PM September 29, 2008 Creeds Elementary Dlstnct #7 - Pnncess Anne 7:00 - 9:00 PM October 2, 2008 Landstown High School Dlstnct #7 - Pnncess Anne 7:00 - 9:00 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V 0 I DATE: 9/2/08 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 ] V 0 0 H L R Y S N F N A N D October 6, 2008 Bow Creek RecreatIon Center Dlstnct #3 - Rose Hall 7:00 - 9:00 PM Dlstnct #6 - Beach October 9,2008 WhIte Oaks Elementary Dlstnct #3 - Rose Hall 7:00 - 9:00 PM School October 13, 2008 ConventIon Center Dlstnct #6 - Beach 7:00 - 9:00 PM October 16, 2008 ASSOCIatIon for Research & Dlstnct #5 - Lynnhaven 7:00 - 9:00 PM Enlightenment Dlstnct #6 - Beach October 20, 20.08 Prmcess Anne High School Dlstnct #4 Bayslde 7:00 - 9:00 PM Dlstnct #5 - Lynnhaven October 23,2008 Bayslde RecreatIon Center Dlstnct #4 Bayslde 7:00 - 9:00 PM Dlstnct #5 - Lynnhaven October 27, 2008 Cox High School Dlstnct #5 - Lynnhaven 7:00 - 9:00 PM