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JULY 14, 2015 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ♦NSA$Eqc MAYOR WILLIAM D.SESSOMS,JR.,At-Large -'^r VICE MAYOR LOUIS R.JONES, 4 Bayside-District 4 p, , M.BENJAMIN DAVENPORT,At Large ROBERT M.DYER,Centerville-District I (.j' BARBARA M.HENLEY,Princess Anne--District 7 SHANNON DS KANIi,Rose Hall-District 3 JOHN D.MOSS,At Large �' ~r AMELIA ROSS-HAMMOND,Kempsville-District 2 o •OUR n."°as JOHN E.UHRIN,Beach District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER-JAMES K.SPORE PHONE:(757)385-4303 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA FAX(757)385-5669 CITY ASSESSOR--JERALD D.BANAGAN CITY AUDITOR-LYNDON S.REMIAS 14 JULY 2015 E-MAIL:Ctycncl@vbgov.com CITY CLERK--RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFINGS -Conference Room- 3:00 PM A. AFRICAN-AMERICAN CULTURAL CENTER Council Lady Dr. Amelia Ross-Hammond B. SEA LEVEL RISE DISCUSSION Councilman John Moss C. HUMAN RIGHTS COMMISSION (HRC) ANNUAL REPORT Cliff Rice, HRC Chair II. CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS Jack Whitney, Director - Planning III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—MAYOR WILLIAM D. SESSOMS, JR. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Pastor Les Smith Victory Baptist 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 July 7, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. 25TH ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT Carolyn Caywood, Member, Mayor's Committee for Persons with Disabilities 2. GFOA EXCELLENCE IN FINANCIAL PLANNING Patricia Phillips, Director- Finance I. PUBLIC HEARING 1. LEASE OF CITY-OWNED PROPERTY a. 1011 Atlantic Avenue—Open Air Café J. ORDINANCES 1. Ordinance to GRANT a Franchise Agreement with Moliar Liquid Assests 2, LLC re an Open Air Cafe at 1101 Atlantic Avenue DISTRICT 6 - BEACH 2. Ordinance to AUTHORIZE DAVID L. AND KAY D. KAUFMAN temporary encroachments into portions of City property to reconstruct and maintain an existing brick patio,wall, block wall and basketball goal at 82nd Street and Ocean Front Avenue DISTRICT 6 - BEACH 3. Ordinance to ACCEPT and APPROPRIATE $906,662 from the Federal Highway Administration re traffic safety improvements and TRANSFER$226,666 re a local grant match (Shore Drive Bike project) 4. Ordinance to ACCEPT a Cooperative Agreement between City Council and the School Board re legal services for FY 2016 K. PLANNING 1. OCEANA SOUTH COMMERCE CENTER for a Variance to the Subdivision Regulations, Section 4.4(d) of the City Zoning Ordinance (CZO), to create a new lot at 2509 Squadron Court DISTRICT 3 - ROSE HALL RECOMMENDATION: APPROVAL 2. DAVID S. and TERESSA A. ITALIANO for a Conditional Use Permit re bulk storage yard at 1417 London Bridge Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 3. WILLIAM FELTS - LAND TECH RESOURCES, INC and KYLE ELLIS - ENTERPRISE HOLDINGS for a Conditional Use Permit re motor vehicle rentals at 1845 Laskin Road Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. HAPPY BOXES LYNNHAVEN, LLC and JLB PROPERTY ASSOCIATES, LLC: a. Resolution to AUTHORIZE a limited waiver of the height restriction on property at South Lynnhaven Road and Lynnhaven Mall Ring Road (3.14 acres) b. A Conditional Use Permit re self-storage at the East side of South Lynnhaven Road and Sabre Drive DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 5. PINEY GROVE BAPTIST CHURCH/MILLARD F. REID/CHARLES FREDERICK REID/JACQUELINE S. PRATT for a Conditional Use Permit re an expansion of a Chruch at 2804 Holland Road and 2821 Bald Eagle Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD—CSB PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ****************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* I. CITY COUNCIL BRIEFINGS -Conference Room- 3:00 PM A. AFRICAN-AMERICAN CULTURAL CENTER Council Lady Dr. Amelia Ross-Hammond B. SEA LEVEL RISE DISCUSSION Councilman John Moss C. HUMAN RIGHTS COMMISSION (HRC) ANNUAL REPORT Cliff Rice, HRC Chair II. CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS Jack Whitney, Director- Planning III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—MAYOR WILLIAM D. SESSOMS, JR. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Pastor Les Smith Victory Baptist 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 July 7, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. 25TH ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT Carolyn Caywood, Member, Mayor's Committee for Persons with Disabilities 2. GFOA EXCELLENCE IN FINANCIAL PLANNING Patricia Phillips, Director- Finance o( ,,,,t . ,....,,,,. , ;,_ _,5F, vf !< 7 ,-., ,,Fs OF OUR NAIN° 13JIrnc1antainn Whereas: On July 26, 1990, ('resident George 71-. W.Bush signed into law the Americans with Disabilities Act(ADA)to ensure the civil-rights of peopk with disabilities; and Whereas: This legislation established a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;and Whereas: TIheA(DA has expanded opportunities for Americans with disabilities by reducing barriers and changing perceptions,and increasing fullpartiapation in community fife;and Whereas: The full-promise of the ADA will only 6e reached if we remain committed to continue our efforts to fully implement the ADA;and Whereas: On July 26,2015, we will celebrate the 25th anniversary of the Americans with Disabilities Act,celebrate and recognize the progress that has been made by reaffirming the principles of equality and inclusion and recomni tting our efforts to reach full-ADA compliance. Now,'Therefore,I,William D.Sessoms,Jr.,Mayor of the City of Virginia each, Virginia,do hereby Proclaim: July 26, 2015 25th Anniversary of the Americans with Disa6iCities Act In Virginia Beach, and I calf upon all citizens to reaffirm to continue to work towardfullA ADA compliance. In Witness Whereof I have hereunto set my hand and caused the Official-Seal of the City of Virginia each, Virginia, to be affixed this Twenty-six•day of July,Two Thousand'TF een. .; _ William D.Sessoms,Jr. Mayor r.. .: Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of Virginia Beach Virginia For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2014 *efordeAes-0 Executive Director/CEO ■ L' 'J I. PUBLIC HEARING 1. LEASE OF CITY-OWNED PROPERTY a. 1011 Atlantic Avenue—Open Air Café r4 n ft ) PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on July 14, 2015 in the City Council Chamber regarding the proposed café franchise lease of city-owned property located at the following locations: 1011 Atlantic Avenue, to Moller Liquid Assets 2, LLC t/a Repeal Bourbons and Burgers Atlantic Avenue Side Street Café The purpose of the Hearing will be to obtain public comment on the proposed leases of City property. A copy of the franchise lease agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building#1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above-referenced franchise should be directed to Mike Eason, SGWResort Management Office y calling(757)385-4800. Ruth Hodges a e MC City Clerk BEACON:J ly 12,2015 J. ORDINANCES 1. Ordinance to GRANT a Franchise Agreement with Moliar Liquid Assests 2, LLC re an Open Air Cafe at 1101 Atlantic Avenue DISTRICT 6 - BEACH 2. Ordinance to AUTHORIZE DAVID L. AND KAY D. KAUFMAN temporary encroachments into portions of City property to reconstruct and maintain an existing brick patio,wall, block wall and basketball goal at 82nd Street and Ocean Front Avenue DISTRICT 6 - BEACH 3. Ordinance to ACCEPT and APPROPRIATE $906,662 from the Federal Highway Administration re traffic safety improvements and TRANSFER $226,666 re a local grant match (Shore Drive Bike project) 4. Ordinance to ACCEPT a Cooperative Agreement between City Council and the School Board re legal services for FY 2016 Nu•�y� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting One Franchise Agreement for an Open Air Café in the Resort Area MEETING DATE: July 14, 2015 • Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Café Regulations, which have been amended from time to time, for the operation of open air cafés on public property. The City has developed a franchise agreement for the regulation of open air cafés, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air café is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. • Considerations: Moliar Liquid Assets 2, LLC, t/a Repeal Bourbon & Burgers Café, is seeking a one-year franchise agreement for the operation of an Atlantic Avenue side street café at 202 22nd Street. • Public Information: A public notice was published in The Beacon on July 12, 2015. • Attachments: Ordinance and Disclosure Form Recommended Action: Adopt Ordinance Submitting Department/Agency: Strategic Growth Area Office A e City Manager: 713, ' 1 AN ORDINANCE GRANTING ONE FRANCHISE 2 AGREEMENT FOR AN OPEN AIR CAFE IN 3 THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Café Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, Moliar Liquid Assets 2, LLC, t/a Repeal Bourbon & Burgers Café, is 17 seeking a one-year franchise agreement for operation of a Atlantic Avenue side street 18 café at 202 22nd Street; and 19 20 WHEREAS, the Strategic Growth Area Office recommends that the above- 21 named entity be granted an open air café franchise agreement. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH: 25 26 That the City Council hereby grants a one-year franchise agreement to Moliar 27 Liquid Assets 2, LLC, t/a Repeal Bourbon & Burgers Café, for operation of an Atlantic 28 Avenue side street café. 29 Adopted by the City Council of Virginia Beach, Virginia on this day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Strategic Growth Area Office City Attorney's Offire, CA13398 R-1 July 1, 2015 , yam. . NB 7*it nit '`ch DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City ! Property j Conditions or Proffers Alternative r I Economic Development Nonconforming Use Compliance, Special Investment Program l Changes Exce ption for (EDI P) Board of Zoning Encroachment Request Rezoning A. peals Certificate of Floodplain Variance Appropriateness — -- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board L1 Conditional Use Permit L License Agreement. [ Wetlands Board _J The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. kei Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All dicclosurls mint b$,updat^_d two(2)wF..._i}.s prior to ar,y ' Page I of 4 Flanninc Connmi::ioo and City Council rne .ing that nertatns ix,thc.applicwcion(s),_ 9 APPLICANT NOTIFIED OF HEARING is t.f—E. L ❑ NO CHANGES AS OF DATE: ❑ REVISIONS SUBMITTED D.:1 _ V'iirl a Beach other unincorporated organization, AND THEN, complete the following. (A) List*the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) r401-tAl &1QUID fssSePs f\eMAnii €01`14 114.61-A M Cryci l-} (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) ASeeNA- See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is differentLrom Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Mt Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) MMMM, L LC. A W) let�eDl^s �! (B) List the businesses that have a parent-subsidiary � or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) PA- The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 1\113 \rupee Beath 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 5 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. 1111116814 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES] NO r ___.__SERVICE —""1 PROVIDER (use additional sheets if ^ needed) El Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than Q the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed El--i -7t purchaser of the subject property t._.� a (identify purchaser(s) and purchaser's service providers) El Construction Contractors Engineers /Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. lui Virginia Financing (include current fz-.—� mortgage holders and lenders :.--i selected or being considered to I provide financing for acquisition ,_._,/ or construction of the property) u Legal Services ® Real Estate Brokers /Agents for current and anticipated future sales of the subject property I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® 2/ ; an interest in the subject land or any proposed development contingent on the subject public action? if yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein t o weeks prior to the Planning Commission, Council, VBDA meeting, or meetir}g of any �+ublic •-•y or committee in connection with this Application. i` �; rC f '}t 12t`r rr 0640-1901S- DATE 6 t 4' i)S APPLIC• "SIGNAT RE PRINT NAME DATE �✓ . -'`""- ilio© et /4i/2 117/ ER OWNER'S SI ATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Li w 1 II '"""�` w : .., 4 , �. gi4 '- d , ii. ' ,4 , .,,,— „, , ,. , _ ,, ,,,,,„ ., . , , , — i , ,. , , 1.. 5 :, , ...,. ,11. ' H „; .* e., . nfi 11!1110 , ilii c EA Ili, to t= - W 1 Q O qc,r X W it.iiimi i illusimaiiidittwitssii I tiller i!li !: . , 4 sr i a , 11111 jrh Baa , r'£ , - .. - u ee,� wr"e •1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into portions of the undeveloped Rights-of-Way known as 82nd Street and Oceanfront Avenue located adjacent to and at the rear of 8110 Ocean Front Avenue, by David L. Kaufman and Kay D. Kaufman MEETING DATE: July 14, 2015 • Background: David L. Kaufman and Kay D. Kaufman (collectively, the "Applicants") have requested permission to reconstruct and maintain a proposed stairway reconfiguration, paver landing, retaining wall, driveway re-alignment, broom finished concrete driveway, stone banding, and paver apron and to maintain an existing brick patio, wall, block wall, and basketball goal upon the City's rights of way known as 82nd Street and Ocean Front Avenue located adjacent to and at the rear of 8110 Oceanfront Avenue. The beach access was built around the existing encroachments, which have been in place for over 20 years. This request does not enlarge the footprint of the existing encroachments. • Considerations: City Staff has reviewed the requested encroachments and several recommended approval of same, subject to certain conditions outlined in the Agreement. • Public Information: Advertisement of City Council Agenda • Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate Jr1I1AD City Manager. k 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 PORTIONS OF THE UNDEVELOPED CITY 6 RIGHTS-OF-WAY KNOWN AS 82ND STREET 7 AND OCEAN FRONT AVENUE LOCATED 8 ADJACENT TO AND AT THE REAR OF 8110 9 OCEAN FRONT AVENUE, BY DAVID L. 10 KAUFMAN AND KAY D. KAUFMAN 11 12 WHEREAS, David L. Kaufman and Kay D. Kaufman have requested 13 permission to reconstruct and maintain a proposed stairway reconfiguration, paver landing, 14 retaining wall, driveway re-alignment, broom finished concrete driveway, stone banding, 15 and paver apron and to maintain an existing brick patio, wall, block wall, and basketball 16 goal upon the City's rights of way known as 82nd Street and Ocean Front Avenue located 17 adjacent to and at the rear of 8110 Oceanfront Avenue. 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 21 the City's right-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, David L. Kaufman and Kay D. 28 Kaufman, their heirs, assigns and successors in title are authorized to reconstruct and 29 maintain a proposed stairway reconfiguration, paver landing, retaining wall, driveway re- 30 alignment, broom finished concrete driveway, stone banding, and paver apron and to 31 maintain an existing brick patio, wall, block wall, and basketball goal upon the City's rights 32 of way known as 82nd Street and Ocean Front Avenue located adjacent to and at the rear 33 of 8110 Ocean Front Avenue as shown on the map entitled: "EXHIBIT 'A' 34 ENCROACHMENT EXHIBIT LOT 1-A RESUBDIVISION OF LOT 1 &THE NORTHERN 10' 35 OF LOT 2 BLOCK 13 — SECTION D CAPE HENRY (M.B. 1, PG. 8b) (IN. 36 200507130107202)VIRGINIA BEACH, VIRGINIA", a copy of which is attached hereto as 37 Exhibit A, and on file in the Department of Public Works and to which reference is made for 38 a more particular description; 39 40 BE IT FURTHER ORDAINED, that the temporary encroachments are 41 expressly subject to those terms, conditions and criteria contained in the Agreement 42 between the City of Virginia Beach and David L. Kaufman and Kay D. Kaufman (the 43 "Agreement"), an unexecuted copy of which has been presented to the Council in its 44 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of 45 the City of Virginia Beach; 1 46 47 BE IT FURTHER ORDAINED, that the City Manager or his authorized 48 designee is hereby authorized to execute the Agreement; and 49 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 51 such time as David L. Kaufman and Kay D. Kaufman and the City Manager or his 52 authorized designee execute the Agreement. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 55 day of ,2015. CA13327 R-1 PREPARED: 6/29/15 \\vbgov.com\dfs 1\applications\citylawprod\cycom 32\wpdocs\d024\p018\00215740.doc APPROVED AS TO CONTENT: APPROVED A TO LEGAL SUFFICIENCY AND FOR 4. ,4<1,\ )40 PUBLIC WORKS, REAL ESTATE' CITY ATTc''- �S ?)C 1 2 1 II L O Aye EX BRICK PATIO OCEAN FROVVT AVE io Op OG (150' R/W) (M.B. 1, PG. 8b) r,�j '!p0 S 14 25'03" E 60.00' e (UNDEVELOPED) c. .0/.,,,, — — • RIC . ARNER P 00y ' Lie. . 2904 a ° 06/11/2015 44, ..0 SUR‘O N _ soiA,Imve/toe EX BRK WALK — alie4611: �� '�041,F,av4coomo #8110 2 _" � oEX 3—STORY — BLOCK 0` o p N O h 3 � EX BRKK .� — � R WALL N _k EX CONCRETE to gDRIVEWAY b : EX BLK WALL ! REMAINDER OF EX BASKETBALL ;7 — 1 LOT-2 GOAL EX 5/8"WM^ ^ (M.B. 1, PG. 8b) #95077377 GPIN: 2419-69-2451 EX SIGN-Nr-1/ I IIIIIIII I EX WL ��\ �l� BOV �' `� EX WOOD EX BLK WALL 1 °, I (4)EX 12" PINE WALK EX CONC I I� EX 27 o LOT 1-A 0. EX PP EX OVERHEAD UTILITY LINES WALK i I OAK _ 9,000.0 SQ. A_ // EX CONCRETE TP �� GUTTER ‘‘w°44 `=��;, — 12' INGRESS-EGRESS ESMT EX 5/8"WM EX11,1411111V (IN. 3807,0PG.O1728) (IN. 200507130107202) #46726189 . , — — 1/ -„!�� iOy�N 1425'0.5' W 60.00' Ay, EX OVERHEAD gyp LOT-7 �'yp UTILITY LINES MO.fi MINI/le AVE N.B. 1, PG. 8b) PI z5o711oro72°2) GPIN: 2419-69-1452 SCALE: 1"=25' 1 SHEET 1 OF 3 SHEET 1 OF 3 (EXISTING SURVEY) EXHIBIT 'A' ENCROACHMENT EXHIBIT LOT 1-A litiiRESUBDMSION OF LOT 1 & THE NORTHERN 10' OF LOT 2 BLOCK 13 — SECTION D CAPE HENRY (M.B. 1, PG. 8b) (IN. 200507130107202) VIRGNA BEACH, VIRGNA Landscape Architecture Land Surveying date: 01/19/2015 t fb/pg: N/A proj. no.: 214-0450 Civil Engineering w Isite.corn 757.431.1041 242$ISTANG IRK SIE 8 MIA BEACH,VA 23452 file: 214-0450_ench exhibit.dwg ' plat ref.: _- CAD/chk: WJW/eag '°y 1 OCEAN FRONT AVE 4,1":LTH O4 p.4 'O&4, S 14'25'03 j E 60.00'(150' O• (UNDEVELOPED) G 8b) G RIC . NE4 _-\ +.6, Lic. . 2904 -EXISTING 1��06/11/2015�0 PROPOSED WALL BRICK PATIO — TO MATCH -J7.1--- Zs S uBN - (SEE SHEET 3) PROPOSED — STAIRWAY Z 0' � RECONF7ONf7GURA710N PROPOSED BLUE STONE PAVER LANDING PROPOSED RETAINAIG WALL #8110 x (SEE SHEET 3)� r EX 3-STORY I o ' � a BLOCK I. 1-, , I o o ; — A y- ' - 50.0' _ ►,. PROPOSED / W 3 '' BROOM : : N S F7N/SHED CONC 1. • I� DRIVEWAY h h REMAINDER OF / 5 — LOT-2 PROPOSED h ' h N.B. 1, PG. 8b) DRIVEWAY ^ F�lOPbSEO ^ GPIN: 2419-69-2451 RE ALIGNMENT 7 El I --•• E"C170N (I NOTES. • ALL CONCRETE N'H17N THE C/Tl'R/W EX WALL TO REMAIN 0 SHALL BE CITY STANDARD DRIVEWAY PROPOSED BLUEENTRANCE (7' THICK 03000PS/) STONE BANDINGI• TREES AND PLANT MATERIAL WITHIN ( THE CITY R/W ARE TO BE PROTECTED. OWNER/CONTRACTOR EX 27"o LOT 1-A TO REPLACE AND MATERIAL _�_�__y OAK BETWEEN WALL AND BEACH _ 9,000.0 SQ. FT. ACCESS PATH THAT IS DAMAGED - =I = TP r____2,000.0 � DUE TO CONS7RUC77ON ice= `�� — 112' INGRESS-EGRESS ESMT PROPOSEi • (D.B. 3807, PG. 1728) COBBLESTONE (IN. 200507130107202) PAVER APRON - „ ®— ii— — — y, N� A // ' '4 N 14'25'03 W 60.00' i4 1 1F�, coarpV4�. �'1O LOT-7 'tip 4V 094_29efe 1f�j D'10 ARAM Alf (M.B. 1, PG. 8b) �_ 04 "54771"7") GPIN: 2419-69-1452 SCALE: 1"=25' SHEET 2 OF 3 SHEET 2 OF 3 (IMPROVEMENT/DETAIL PLAN) EXHIBIT 'A' ENCROACHMENT EXHIBIT LOT 1—A LiRESUBDMSION OF LOT 1 do THE NORTHERN 10' OF LOT 2 BLOCK 13 - SECTION D CAPE HENRY (M.B. 1, PG. 8b) (IN. 200507130107202) VFIGNA BEACH, VIRGNA Landscape Architecture Land Surveying date: 01/19/2015 ' fb/pg: 1028/30 proj. no.: 214-0450 Civil Engineering wpIsite.com 757.431.1041 242 META NIL S1E 8 WNW BEACH,VA 23452 file: 214-0450_ench exhibit.dwg ' plat ref.: _- CAD/chk: WJW/eag II GROUT ALL CELLS SOLID WITH 2000 PSI CONCRETE ./ i 8" CMU (RUNNING BOND) -- ; % X NOTE : ARCHITECTURAL x/ FINISH NOT SHOWN #6 @ 24" 0/C VERT . X< X REINF'G (MIDDLE 2 OF WALL) x\\ o WEEP HOLES . , • BY OTHERS #57 STONE D% _ OR EQUIV. \--- - OS o a -- #5@12 0/C ./,D N' Q SHORT WAY - o z 3 -#5 BARS A�� LONG WAY 3000 PSI CONC , #5@12" O/C SHORT WAY 1- - • #6 @ 24" 0/C VERT DOWELS* - I 1 3"CLEAR•+ #5 @ 12" 0/C 4' - 2" (TYP) LONG WAY * - CONTRACTOR MAY USE ONE CONTINUOUS VERTICAL DOWEL OR LAP AS SHOWN SHEET 3 OF 3 SPC I KAUFMAN RETAINING WALL SHEET NO : SKS-1 STRUCIURAL VIRGINIA BEACH, VIRGINIA DESIGNED BY : WCS SINCLAIR PRATT CAMERON, P.C. DRAWN BY : RN 1630 DONNA DRIVE-SUITE 103 VIRGINIA BEACH,VA 23451-6188 RETAINING WALL DATE : 06/11/15 757.417.0565*757.417.0568 (fax) ©Sinclair Pratt Cameron,P.C. SPC Project No.: 15-0082 Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. ♦ SECTION 1 / APPLICANT DISCLOSURE 1-7 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I I Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two k2) seeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). O APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: • REVISIONS SUBMITTED DATE: NB,.4 Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) David L. Kaufman & Kay D. Kaufman, husband and wife (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 4 0 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. (1)13,„., Virginia Beach 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 1-7 Accounting and/or preparer of your tax return nArchitect/ Landscape Architect/ Land Planner Contract Purchaser (if other than LIIXI the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed LI [•7 purchaser of the subject property I ' (identify purchaser(s) and purchaser's service providers) aConstruction Contractors nn Engineers /Surveyors WPL The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I II 11/4113 Virginia Beach Wachovia Bank; South I rust Bank Financing (include current H' Elmortgage holders and lenders (vselected or being considered to provide financing for acquisition or construction of the property) Eil11 Legal Services Sykes, Bourdon,Ahern & Levy, P.C. Real Estate Brokers /Agents for ri [Z7J current and anticipated future sales of the subject property - SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n ffi an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. David L. Kaufman (,-"Ls<.. t APPLICANT'S S RE PRINT NAME DATE Kay D. Kaufman PR PERTYIUNER' SIGNATOR PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. p� E N �` y LL O dC. N a =• 7 a'>v - ; Z C Om o W O w ` a) o r P E c a A U w Z O J u a o 2Os c- C7 v G'' o 0 W 07, fpz 4 Y r. ••W Fa oGE040R014 1 AVE ‘,.Q Q NC FRONS AVEilk m N 100111°16' — II: ------- N C, LL N cc i W c ASS.,- AVE r 2 . V d 3 M O c ° n O O e L. c U vi h rn ' .ff J W 00 !-g7. • t �1 1 ,. i . P CD �� t • 4- y z CD �. Y a-+ C } '' CD U 1. 0- 0.0. Q LLI T I . a) iCC C ��r C LL .~ a •t`' U V ca O 1 O C U ll i'. 1 . i ilkk , . . { C irti CO$1, ::, t jplE 44. S q. :. 41" ,v _ I f • ( I i I N W 3 Q 1 Cr R CU a"I 0 4 # C LL t O C • r W 00 1 �, • ' *" .{. mak, ,- -'i . 4. i, ., ' . S - `r • ..„ a ti . .„ . . ,, ..... . .:::, ,,.. , .. „ „. . .T....,..,.,. ....,,. ... , ,. : . .... ...„, ... , . ,. 1.,:At, . g I, _: r< N^, A' arr • Q Cr Ia Yi F . co O x . P -1: :-_ . cb r-I li I r t�.• .. I. * 1 A. • - Ca ti E z i. RS ! Y . ' Wil'' ' .— • � _�_ < } H ' • . 4 W . ' 3 Q a ,. U { III PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID L. KAUFMAN and KAY D. KAUFMAN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot Number One (1) and the Northern most Ten (10) feet of Lot Number Two (2), Block Thirteen (13), Section D"; as shown on that certain plat entitled: "CAPE HENRY SECTION D", which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 1, at page 8B, and being further designated, known, and described as 8110 Ocean Front Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to reconstruct and maintain a proposed stairway,reconfiguration, paver landing, retaining wall, driveway re-alignment, broom finished concrete driveway, stone banding, and paver apron and to maintain an existing brick patio, wall, block wall, and basketball goal, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED) Adjacent to 2419-69-2446 (8110 Ocean Front Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of the undeveloped rights - of - way known as 82nd Street and Ocean Front Avenue the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A, ENCROACHMENT EXHIBIT LOT 1-A RESUBDIVISION OF LOT 1 & THE NORTHERN 10' OF LOT 2 BLOCK 13 — SECTION D CAPE HENRY (M.B. 1, PG. 8b) (IN. 200507130107202 VIRGINIA BEACH, VIRGINIA," dated January 19, 2015, prepared by WPL, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. This Exhibit is three pages. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in 3 III the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars 4 ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, David L. Kaufman and Kay D. Kaufman, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By David . aufman, Owner By / and. Kay D. aufman, t'wner STATE OF VI< mi CITY/COUNTY-OF \Ivyrtia 13acA' , to-wit: The foregoing instrument was acknowledged before me this 25 day of Ju( , 2015, by David L. Kaufman. re LCA Z.1,e11-\/k( (SEAL) Notary Public KELLY ELIZABETH MCCARTHY Notary Registration Number: Notary Pub►'c Commurrayaltn of Virginia 7140850 My Commission Expires: Commi . .s Apr,l 30 2019 STATE OF V,<ginCe, CITY/COUNTY OF Vi , to-wit: The foregoing instrument was acknowledged before me this ZC day of 3J✓� , 2015, by Kay D. Kaufman. e0(z� ry Public KELLY ELIZABETH MCCARTNY Notary Registration Number: Notary Public ommonwealth of Virginia My Commission Expires: _7140850 " -- s April 30 2019 r APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM a' f �?" 1 �1 . • MEYER SIGNATURE - 6 � ASSOCIATE CITY ATTORNEY � ` ��) DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 1 LTH OFA ,0 OCEAN EX BRICK PATIO (�/W) (U.S.FRONTPG 8� .14',.... yp S 1425103" E 60.00' (UNDEVELOPED) c, '�� O OAS — — RIC . ARNER►-, �� °Gtip Lic. . 2904 � e 06/11/2015 ,k, 1ki SURNima4 Ia1F• E EX BRK WALK ��i-781444- �i #8110 �I x -� �_ ��0� op EX BLOCK =L x , W________ — y EX BRK WALL EX CONCRETE L gDRIVEWAY a x : EX BLK WALL h REMAINDER OF EX BASKETBALL P. — h 1 LOT-2 GOAL EX 5/8"WM^ ^ (M.B. 1, PG. 8b) #95077377 GPIN: 2419-69-2451 EX SIGN r--II L x EX ��ca� BOVWL �' ° 0 I (4)EX 12" EX WOOD EX BLK WALL o \PINE WALK T x 1 EX 27" L O / 1-A EX PP EX OVERHEAD UTILITY LINES WALK NII EX CONC OAK _ .9,000 0 SQ. T. .��J f// EX CONCRETE CUTTER �`=_ = 12' INGRESS-EGRESS ESMT EX 5/8"WM (D.B. 3807, PG. 1728) #46726189 EX 1111i , O— (IN. 200507130107202) 19, II jam i43‘N 14'25'03 W 60.00' i4 I EX OVERHEAD 0% LOT-7 gyp UTILITY LINES MO'10 A7LA11T1C Air (M.B. 1, PG. 8b) 04 1cR54271191°71x2) GPIN: 2419-69-1452 SCALE: 1"=25' SHEET 1 OF 3 SHEET 1 OF 3 (EXISTING SURVEY) EXHIBIT 'A' = ENCROACHMENT EXHIBIT / --9:z _ leil LOT 1-A RESUBDMSION OF LOT 1 & THE NORTHERN 10' OF LOT 2 BLOCK 13 - SECTION D CAPE HENRY (M.B. 1, PG. 8b) (IN. 200507130107202) VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 01/19/2015 ' fb/pg: N/A proj. no.: 214-0450 Civil Engineering wIeco1ml SIE 8 ILIA75 .743V1A 123452041 file: 214-0450_ench exhibit.dwg ' plat ref.: _- CAD/chk: WJW/eag I II I OCEAN FRO/VT AVE 4p 1 C yr y�oGyo S 14'25'03$£ 60.00'11.7' (150' (NDEVELOPED)o 8b) ,� o - - c.• RIC ARNER a �_ °to Lic. . 2904 P /Sr/NG 06/11/2015 - ,' PROPOSED WALL BRICK PA770 — TO MATCH �.i) S UI NI '' (SEE SHEET 3) PROPOSED ( STAIRWAY z 0' nvirr v RECONF/GURA77ON PROPOSED BLUE STONE PAVER LANDING ��;j i� o X PROPOSED RETA/A�lNG WALL - #8110 (SSE SHEET 3) \ _ EX 3—STORY I n --- BLOCK 0o 'A o -ii.T. t �♦\ in II o 50.0' c ••-• PROPOSED W - I NCOgo BROOM a : �'�$ C �FlN/SHED CONC I\ • N �" DRIVEWAY h h REMAINDER OF • 5 I _ LOT-2 PROPOSED if)^ PROPOSED TREE ^ (M .B. 1, PG. 8b) DRIVEWAY GPIN:-•�TECnON GPIN: 2419-69-2451 RE ALIGNMENT I I Z 11 I NOTES: (11 EX WALL TO REMAIN � � - *. • ALL CONCRETE W/HT7N THE CITY RAY SHALL BE C/1Y STANDARD DRIVEWAY PROPOSED BLUE (7" THICK ®3000PS/) STONE BANDINGl• TREES AND PLANT MATERIAL WITH/N THE CITY R/W ARE TO BE PROTECTED. OWNER/CON7R4CTOR LEX 27"o LOT 1-A ro REPLACE AND MATERIAL IlOAK BETWEEN WALL AND BEACH S �w.o-? � 9,000.0 SQ. FT. ACCESS PA771 771AT IS DAMAGED -----71-...5-.7-7 .7: ' '• DUE TO CONS7RUC770N i 12' INGRESS-EGRESS ESMT PROPOSE/ -,= iftlillElF= (D.B. 3807, PG. 1728) COBBLESTONE `�• (IN. 200507130107202) PAVER APRON , � - - y,�yyN� A // �.' 4 N 1425'0.3 W 60.00' Ati� I z' 'E oGtio LOT-7 % vALU �p c � N-.7JO'10 A7L M7C AVE 1, 2 i1'�P'I6q �Ro. ( 2°°5071J0107Y°2J GPIN: 2419-69-1452 SCALE: 1"=25' 1 SHEET 2 OF 3 SHEET 2 OF 3 (IMPROVEMENT/DETAIL PLAN) EXHIBIT 'A' ENCROACHMENT EXHIBIT r. LOT 1-A Ila ---.-- RESUBDMSION OF ..:4= 1 LOT 1 & THE NORTHERN 10' OF LOT 2 BLOCK 13 — SECTION D CAPE HENRY (M.B. 1, PG. 8b) (IN. 200507130107202) ® , VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 01/19/2015 ' fb/pg: 1028/30 proj. no.: 214-0450 Civil Engineering wplsite.conn 757.431.1041 242 MUSTANG'MUTE 8 VRGNA BEAQI,VA 23452 file: 214-0450_ench exhibit.dwg ' plat ref.: = CAD/chk: WJW/eag 1 GROUT ALL CELLS SOLID WITH 2000 PSI CONCRETE /� 1 8" CMU (RUNNING BOND) x; <\ Kz NOTE : ARCHITECTURAL \, FINISH NOT SHOWN #6@24" 0/C VERT N X REINF'G (MIDDLE x Q OF WALL) %V` 'N \ \ o WEEP HOLES , x • En BY OTHERS ‘; >� #57 STONE OR EQUIV. ;\-�0., o a - #5 @ 12" 0/C •c ' _ __- _ SHORT WAY - zDi", 3 -#5 BARS 11;4F LONG WAY 3000 PSI CONC // 11;4F ' • • —II— -` — _ _ 4 -- _ b #5 @ 12" O/C ' SHORT WAY r • Q► " -- - _' #6 24 O/C --_ _ I� VERT DOWELS* -- -! 3"CLEAR• • #5 @ 12" 0/C 4' - 2" (TYP) LONG WAY • •- * - CONTRACTOR MAY USE ONE CONTINUOUS VERTICAL DOWEL OR LAP AS SHOWN SHEET 3 OF 3 SPC I KAUFMAN RETAINING WALL SHEET NO : SKS-1 STRUCTUR.AL VIRGINIA BEACH, VIRGINIA DESIGNED BY : WCS SINCLAIR PRATT CAMERON, P.C. 1630 DONNA DRIVE-SUITE 103 DRAWN BY : RN VIRGINIA BEACH, VA 23451-6188 RETAINING WALL DATE : 06/11/15 757.417.0565*757.417.0568 (fax) ©Sinclair Pratt Cameron,P.C. SPC Project No.: 15-0082 r ,O REqZ/i1 as Vi & 'Yj J =1 'mow-,:' sN CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate $906,662 from the Federal Highway Administration and to Transfer $226,666 from CIP# 4-064 to CIP #2-300 to Provide a Local Grant Match in Furtherance of the Shore Drive Bike Facility Project MEETING DATE: July 14, 2015 • Background: The Federal Lands Access Program (FLAP) was created by the "Moving Ahead for Progress in the 21st Century Act" (MAP-21) to improve access to and through federal lands for visitors, recreationists, and resource users. In November 2013, the Departments of Parks and Recreation and Public Works submitted a grant application requesting funds to support the Shore Drive Bike Facility project. Recently the City received notification of the grant approval and the FLAP program will provide the City with $906,662. Funds are available on a reimbursement basis with Parks and Recreation providing the local match requirement of $226,666 from CIP #4-064 City Bikeways & Trails Plan Implementation II. • Considerations: The Shore Drive Bike Facility Project's scope includes inserting 4-foot to 5-foot paved shoulders along Shore Drive, which will provide a continuous paved area along the road for bicycle travel. The project is approximately 3.5 miles extending from Diamond Springs Road to Greenwell Road. Construction of the shoulder will be within the existing right-of-way. The total project cost estimate is $2.2 million. This Shore Drive project is partially funded with $1.1 million in existing appropriations within CIP #2-300 Traffic Safety Improvements. Accepting and appropriating this grant revenue and transferring the local match into CIP #2-300 Traffic Safety Improvements will fully fund the Project. • Public Information: Public information will be provided through the normal City Council agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Map, Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Public Works i)AO City Manager:Ct"--e"'" ' )2-- ' III 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $906,662 FROM THE FEDERAL HIGHWAY 3 ADMINISTRATION AND TO TRANSFER $226,666 4 FROM CIP # 4-064 TO CIP #2-300 TO PROVIDE A 5 LOCAL GRANT MATCH IN FURTHERANCE OF THE 6 SHORE DRIVE BIKE FACILITY PROJECT 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $906,662 is hereby accepted from the Federal Highway Administration 12 and appropriated, with federal revenue increased accordingly, to Capital Project #2-300, 13 "Traffic Safety Improvements;" and 14 15 2. $226,666 is hereby transferred from Capital Project #4-064, "City 16 Bikeways & Trails Plan Implementation II" to Capital Project, #2-300, "Traffic Safety 17 Improvements." 18 19 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 20 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ../ �b Budge .nd Management Services ceitrAt rn y's Office CA13399 R-1 June 30, 2015 III A 'HOREDR �Sl 'V \� �.c1? S,` �' O: �'y.C� SITE �Mp�°" AN Jam.. S9 . � Q" \ V z ^. I�/v ,; : f ‘Z. C4 a ' , V,' \-It --� �_ a.' ��y i...:„..,7,i s �'V� ',L'. `0 "3 's , 17 " A7 1 Shore Drive Shoulder Widening �' �� Z ` \� , for On-Road Bike a �. r�� Q' ,w ��r '':• L') �: Facility a.zQ- y ,i , r '� �` s t x '� f 4h.siN,, ,‘"2"- -- ;,'' 7°`1`1: ' s �a �® ® 5 Jr' f r 7. $* 3*s. t �` X 1 , 1 ~ j /) y ,--1-.7v-,..., ..`` �' ~,® i.irrit/ t .F /lam , liblit 11� II!! ! 1® ® / is*, - c,,. i4a4,00., :, ' , '- ' co -I— O J � �� si ® ' ''''Alit ,,,..t." ,__,,-,,,iii„ 'v.,, ditAtilliV,4 ,4 _-. ..,, ilikii iii .,,L _ __i_ °'' ,Ti '-', . '1016111\1111=1111 L • \ pLH. �� ,L'AKES Nom, J �. ii l 4 ,, !!.. ,-- . ,,‘ a.,,, ...., f ‘ N- __JN.-- ,-- • • OA ' - i z/,41_, ) , v a , � n for, z LOCATION MAP � � ` - s�'N Shore Drive Shoulder Widening 3 m1' , R�sFo 1� .. for On-Road Bike Facility �, ti:=; Feet <e ��'� ® <`1 0 tip 600 1,200 2,400 Prepared by Errg/8rrg.� sport rye o.. X\CADD\Proiects\ARC Files\AGENDA MAPS\TAP oroiects\Shore Dr. Bike Facility\Shore Dr Bike Facility S.nxd IM 74r`°� IA 6Eq„y'' 4"••...sEµ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Approving a Cooperative Agreement between the City Council and the School Board of the City of Virginia Beach Pertaining to Legal Services to be provided to the School Board and School Administration by the Office of the City Attorney in Fiscal Year 2016 MEETING DATE: July 14, 2015 • Background: Since 1996, the City Council has entered into a Cooperative Agreement for the City Attorney to provide legal services to the School Board. Each year, the Agreement is presented to the City Council for approval. On June 30th, the School Board approved the attached Cooperative Agreement. • Considerations: Under the Cooperative Agreement between City Council and the School Board, the City Attorney's Office will continue to provide 4,125 hours of legal service to the School Division and will be reimbursed for the direct cost of those services. One Deputy City Attorney (Kamala H. Lannetti), one Associate City Attorney (Tracee Hackett), and one paralegal (Anna Cleveland) are located in the School Administration Building, and the Deputy City Attorney coordinates the delivery of additional legal services, as needed, by other attorneys in the City Attorney's Office, as well as outside counsel. • Public Information: The ordinance is to be advertised as a routine agenda item. • Recommendation: It is recommended that the City Council approve the Cooperative Agreement and authorize Mayor Sessoms to execute it on behalf of the City Council. • Attachments: Ordinance, Cooperative Agreement Recommended Action: Approval Submitting Department/Agency: City Attorney City Manager:ct-e-r-ot I. K-. I III 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA 4 BEACH PERTAINING TO LEGAL SERVICES TO BE 5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL 6 ADMINISTRATION BY THE OFFICE OF THE CITY 7 ATTORNEY IN FISCAL YEAR 2016 8 9 WHEREAS, the Office of the City Attorney has, for a number of years, provided 10 legal services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; 12 13 WHEREAS, the Cooperative Agreement for FY 2015, which expired on June 30, 14 2015, provides that "[t]his Cooperative Agreement ... may be revised, as necessary, and 15 renewed each fiscal year ...;" and 16 17 WHEREAS, City Council agrees that it is in the best interests of the City and the 18 School Board for the Office of the City Attorney to continue to provide legal services to the 19 School Board pursuant to the revised Cooperative Agreement for FY 2016. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the City Council hereby approves the Cooperative Agreement for FY 25 2016, a copy of which is attached hereto. 26 27 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 28 on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2015. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney CA13370 R-1 July 2, 2015 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2016 Factual Background: I. City Charter Authority. Chapter 9 of the Charter of the Cit v of Virginia Beach, Virginia (-City Charter") provides that the (Thy Attorney shall be the chief' legal advisor of the City Council, the City Manager. and all departments. boards, commissions and agencies of the City in all matters affecting the interests of the City. and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school hoards conferred by law, including the right to contract and be contracted with. to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended. to employ counsel to advise it. and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 7 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judttment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board. and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present. and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board. to provide for the delivery Page 2 of 7 of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of two and one half (2 ',/2) attorney positions (or 4.125 hours per year) and one (1) secretarial position during FY 2016. The services to be provided as tbllows: A. The City Attorney will assign two attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time (i.e., approximately 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Tracee Hackett, Associate City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph ID. • • B. The City 'Attorney will dedicate one Secretary on-site at the School • Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will he provided by the other attorneys in the Office, based upon their various areas of expertise with school-related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, Page 3 of 7 litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week, The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall he mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney, or by any other attorney providing services to the School Board. the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of Page 4 of 7 the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board. the School Board Chairman. or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall he responsible for the management of its legal matters: that, to the extent contemplated by this Agreement. the City Attorney shall he designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's leual matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage andlor handle on its behalf 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to he vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recounize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement. and ethical constraints as they may arise. Page 5 of 7 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of S 405,810.00 from its FY 2016 Operating Budget to the FY 2016 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half(2.5) attorneys and one (1) Paralegal. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first. October first, January first, and April first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2015 and ends June 30, 2016. and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Page 6 of 7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE crrY OF VIRGINIA BEACH By: Daniel D. Edwards, Chairman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on Ivie- 3.0 2015. By: AlLet;,,,,v,& 0-12.V140ltit- School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: William Sessoms. Mayor, . • City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach. Virginia on , 2015. By: City Clerk Page 7017 EXHIBIT A SCIIOOL FUNDING FY 2015/2016 SALARY& BENEFITS Full Attorney # Account Description QTR 1 QTR TR 2 QTR 3 QTR 4 Funding-FY 601111 Salaries-Deputy Atty $ 29900.25 $ 29.90025 S 29,900.25 $ 29 90025 $ 119,601.00 Salaries-,Associate Any $ 21.137.75 $ 21,187.75 $ 21,187.75 $ 21,187.75 $ 54.751.00 Salaries Half:Associate Atty S 12.918.25 $ 12,918.25 $ 12 913.25 $ 12.918.25 $ 51.673.00 Salaries- Legal Secretary S 11.162.75 $ 11,163.75 S 11.162.75 S 11.162.75 $ 44.651.00 Total Salaries ;$ 75,169.00 $ 75,169.00 $ 75,169.00 $ 75,169.00 $ 300,676,00 602101 FICA(Max. $106,000)- Deputy,Atty S 1.853.75 S 1.453.75 S 1.853.75 S 1,353.75 $ 7,415.00 FICA(Max. S106.000)-Associate Atty $ 1.313.75 S 1.313.75 S 1.313.75 5 1.313.75 S 5,255.00 FICA(Max. S106,000)-Half;Associate At S 801.00 S 801.170 S 801.00 $ 801.00 5 3.204.00 FICA(Max. $106.000)- Legal Secretary $ 692.25 S 692.25 S 692.25 S 69225 S 2,769.00 Total FICA $ 4,660.75 5 4,660.75 $ 4,660.75 $ 4,660;75 $ 18,643.00 602104 Medicare(No Max)- Deputy Any S 433.75 $ 433.75 S 433.75 S 433.75 _ $ 1,735.00 � �_ Medicare(No Max)-Associate Any S 30 7. $ 307.25 S 307,25 S 307.35 $ 1,229.00 Medicare(No Max)-Half Associate Atty S 187.50 $ 187.50 S 187.50 S 187.50 $ 750.00 161.7 $ 161.75 S 161.75 $ 161.75 , $ 647.00 Medicare(No Max) Leal Secretary $ _� Total Medicare S 1,090.25 $ 1,090.25 $ 1,090.25 $ 1,090.25 ''$ 4,361.00 602201 Retirement- Deputy.Atty S 5,436.75 S 5.486.75 S 5,486.75 S 5,486.75 5 21.947.00 Retirement-Associate Atty $ 3.464.00 $ 3.464.00 $ 3.464.00 $ 3,464.00 5 13.856.00 Retirement-Half Associate Attorney S 2.370.75 $ 2,370.75 S 2,370.75 S 2,370.75 $ 9,483.00 '_,043.50 S '.048.50 $ 2.{343. 0 $ 2,048.50 5,194.00 Retirement-Legal Secretary X4 00 Total Retirement $ 13,370.00` $ 13,370.00 $ 13,370.00 $ 13,370.00` ` :$ 539 .. f.f 'w 602301 Health&Dental- Deputy Any $ 1.607.50 S 1,607.50 $ 1,607.50 S 1.607.50 S 6.430.00 Health&Dental -Associate Atty 5 1.607.50 S 1.60750 S 1.60 7.50 $ 1.607.50 $ 6.430.00 Health&Dental- Half Associate.Attontey $ 803.75 $ 503.75 $ 803.75 S 803.75 S 3.215.0) Health&Dental-Legal Secretary $ 1.607.50 $ 1.607.50 $ 1,607.50 $ 1,607.50 $ 6.430.00 , 52� Total Health&Dental $ 5,626.25 $ 5,626.25 $ 5,62625 $ X,626.25 ' ` 2 l0 602302 Life Insurance- Deputy Atty S 394.50 $ 394.50 $ 394.50 $ 394.50 $ 1,578.00 Life Insurance;AssociateAtty $ 279,75 S 279.75 $ 279.75 S 279.75 $ 1,119.00 Life insurance-Half Associate Attorney S 170.75 $ 170.75 S 170.75 $ 170,75 5 683.00 Lite Insurance- Legal Secretary $ 147.50 S 147.50 $ 147.50 $ 147.50 $ 590.0{) Total Life Insurance $ 992.50 $ 992.50 S 992,50 $ 992.50 $,, ,`3,'970.00, :$. -TOTAL SALARY&BENEFITS $ 100;,,908.75' S-100,908.75 $ 100,908.75 $.400,908i754,: :$:,-403,635,00 CITY ATTORNEY ADAIINISTRATIVE COSTS Full Attorney, Account# Account Description QTR 1 QTR 2 QTR 3 QTR 4 Funding 605801 Dues&Association Membership Virginia State Bar-Deputy Atty. S 68.75 S 65.75 S 68.75 S 68.75 S 275.001 Virginia State Bar- Associate Atty S 68.75 S 68.75 S 68.75 $ 68.75 S 275.00 Virginia State Bar-Half Associate Any S 34.38 S 34.38 S 34.35 S 34.33 $ 137Sii Virginia Beach Bar Deputy Atte 48.75 S 48.75 S 45.75 $ 48.75 S 195,00 Virginia Beach Bar- Associate Atte' $ 48.75 S 45.75 $ 48.75 S 48.75 5 195.00 r � � Virginia Beach Bar- HS Half Associate Atty $ 24.38 24.38 $ 24.38 $ 24.33 $ 97.50 Total Dues&Association Fees $ 293.75 $ 293.75 $ 293.75 '$' 293.75 $ 1,175.00 606001 Office Supplies $ 250.00 S 250.00 $ 250.00 S 250.00 $ 1.000.00 TOTAL ADMINISTRATIVE COSTS $ 543.75 $ 543.75 $ 543.75 $" 543.75 $ 2,175.00. TOTAL; SCHOOL FUNDING NEEDED 6129+2015 1.15 PM Schools Exhibit A FY16 EXHIBIT A SCHOOL FUNDING FY 2015/2016 Account Full Attorney # Account Description QTR QTR 2 QTR 3 S TR 4 Funding io$s' i:t12 '14 1/1452*9° *1 ' 1,113125 , °grail 1, .25 1„,,9t88, 08.3f $ ft..21 031$ 98.3$ $ 983$ _ Oritelar" 6129/2015 115 PM Schools Exhhtt A FY16 K. PLANNING 1. OCEANA SOUTH COMMERCE CENTER for a Variance to the Subdivision Regulations, Section 4.4(d) of the City Zoning Ordinance (CZO), to create a new lot at 2509 Squadron Court DISTRICT 3 - ROSE HALL RECOMMENDATION: APPROVAL 2. DAVID S. and TERESSA A. ITALIANO for a Conditional Use Permit re bulk storage yard at 1417 London Bridge Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 3. WILLIAM FELTS - LAND TECH RESOURCES, INC and KYLE ELLIS - ENTERPRISE HOLDINGS for a Conditional Use Permit re motor vehicle rentals at 1845 Laskin Road Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. HAPPY BOXES LYNNHAVEN, LLC and JLB PROPERTY ASSOCIATES, LLC: a. Resolution to AUTHORIZE a limited waiver of the height restriction on property at South Lynnhaven Road and Lynnhaven Mall Ring Road (3.14 acres) b. A Conditional Use Permit re self-storage at the East side of South Lynnhaven Road and Sabre Drive DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 5. PINEY GROVE BAPTIST CHURCH/MILLARD F. REID/CHARLES FREDERICK REID/JACQUELINE S. PRATT for a Conditional Use Permit re an expansion of a Chruch at 2804 Holland Road and 2821 Bald Eagle Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 1 1 1 win,R. it.:II''_.. !� 4 S Y I, NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center,Virginia Beach,Virginia,on Tuesday, July 14, 2015 at 6:00 p.m., at which time the following applications will be heard: PINEY GROVE BAPTIST CHURCH (Applicant), MILLARD F. REID, CHARLES FREDERICK REID, JACQUELINE S. PRATT (Owner), Conditional Use Permit(Expansion of a Religious Facility [church]), 2804 Holland Road and 2821 Bald Eagle Road (GPINs 1495500072, 1494590830, 1494496474, 1494498418, 1494497641, & 1494497720). COUNCIL DISTRICT -PRINCESS ANNE. OCEANA SOUTH COMMERCE CENTER (Applicant & Owner), Variance to Section 4.4(d) of the • Subdivision Variance(creation of a new lot with no direct access to a public right-of-way),2509 Squadron Court (GPIN 1495783545). COUNCIL DISTRICT-ROSE HALL. DAVID S.and TERESSA A.ITALIANO (Applicants&Owners) Conditional Use Permit (Bulk Storage Yard),1417 London Bridge Road (GPIN 1495560786). COUNCIL DISTRICT-ROSE HALL. WILLIAM FELTS (LAND TECH RESOURCES, INC.) (Applicant), KYLE ELLIS (ENTERPRISE HOLDINGS) (Owner), Conditional Use Permit(Motor Vehicle Rentals), 1845 Laskin Road (GPIN 2407575888). COUNCIL DISTRICT -BEACH. HAPPY BOXES LYNNHAVEN, LLC (Applicant), JLB PROPERTY ASSOCIATES, LLC (Owner), Conditional Use Permit (Self- Storage Facility). East side of S. Lynnhaven Road, approximately 900 feet south of Sabre Street (GPIN 1496277044). COUNCIL DISTRICT-ROSE HALL. Ruth Ho Fraser,MMC City CI Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbgov.com/oc For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON: JUNE 28&JULY 5,2015 -1 TIME EACH I1I 1I • LI) w0.4 4:11. N C w I to o LIII) •oft. -_ 11414 4.0".. 411) 1- I\ v ‘ - 40\1/4. . iiiiiml2::::1 CO 71110 \\J.\ \,. 3' i - \:\ • \ 43 'O. ' 404 ' 5 NI a 5 1____I -s,„\\,,,,,,, , / : v\\\,-q 'N.'‘' 4% s 'N *N.N.N.w— N / '''''' ' '.N ... . < J L f�' fr ,e0 0 , i°1 110,(4"•-...? e.-- -,-N., N,°4,6-0A. lik. V1 `` \ f N./ </NIN.Y:-.,.„,..:* \1,,),' -Ir. tit ^�Csie Q > a VI / v C / N` ' p r--/r 4* r I. / ..., \ J / / / . . a Z b it / co tr o FF < �.[ ...w.,14,,, s, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OCEANA SOUTH COMMERCE CENTER (Applicant & Owner), Variance to Section 4.4(d) of the Subdivision Variance (creation of a new lot with no direct access to a public right-of-way), 2509 Squadron Court (GPIN 1495783545). COUNCIL DISTRICT— ROSE HALL. MEETING DATE: July 14, 2015 • Background: The applicant owns a 4.4-acre lot that is zoned Conditional 1-2 Industrial. In 2005, a site plan was approved for the construction of two condominium office- warehouse buildings. One of the buildings was constructed in 2007, and divided into 13 condominium units. The second building was never constructed, as the applicant has not sold all of the units in the first building. It is the intent of the applicant to subdivide the existing lot, creating a second lot of 1.8 acres from the area where the second building was to be constructed. • Considerations: The second lot, designated as "33B" on the submitted subdivision plan, will be located behind (to the east) of the existing building. Due to the location of an existing stormwater management facility (wet pond), a `stem' extending from the main portion of the proposed lot to Squadron Court is infeasible. As a result, since `Proposed Lot 33B' has no frontage on the public right-of-way as required by Section 4.4(d) of the Subdivision Regulations. The applicant, therefore, is requesting approval of a variance to that section. Further details pertaining to this request, including Staff's evaluation, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0-1, to recommend approval of this request to the City Council with the following condition: The property shall be subdivided substantially as shown on the submitted plan, titled "Oceana South Industrial Park, Lot 33, Subdivision of Residual Parcel B1 — Preliminary Subdivision Plat," prepared by JMT, and dated 3/23/15. OCEANA SOUTH COMMERCE CENTER Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: 1-. -73.1 ROSE HALL !;9-b ,--,,,,,., ,d, Oceana ,, South Commerce Center,L.L.C. 8 , -, ., e___-, i---1 i r ._. -- June 10, 2015 Public Hearing ,\'\,.- '' APPLICANT & PROPERTY OWNER: \ L OCEANA SOUTH ti`s > %',,fir7 COMMERCE /4 ' - . -:;,4%l CENTER, L.L.C. o r 5 dBLdn Ir •z..M.ae C..ell.+.rn.fm Open Span na.ar. Subdivision Variance 4.4(b) STAFF PLANNER: Stephen J.White REQUEST: Variance to Section 4.4(d)of the Subdivision Regulations, which requires all lots have direct access to a public right-of-way and meet all the requirements of the Zoning Ordinance. ADDRESS/DESCRIPTION: 2509 Squadron Court GPIN: ELECTION SITE SIZE: AICUZ: 14957835450000 DISTRICT: TOTAL LOT =4.5 acres Greater than 75 dB ROSE HALL PROPOSED LOT = 1.8 acres DNL&APZ-1 4 • BACKGROUND / DETAILS OF PROPOSAL Existing Lot: The existing lot is 4.4 acres and is zoned Conditional 1-2 Industrial. A site plan was approved in 2005 for the construction of two condominium office-warehouse buildings. One of the buildings was constructed in 2007; the building was divided into 13 condominium units. The second building was never constructed, as the applicant has not sold all of the units in the first building. Proposed Lot: It is the intent of the applicant to subdivide the existing lot, creating a second lot of 1.8 acres from the area where the second building was to be constructed. The second lot, designated as "33B" on the submitted subdivision plan, will be located behind (to the east)of the existing building. Due to the location of an existing stormwater management facility(wet pond), a 'stem' extending from the main portion of the proposed lot to Squadron Court is infeasible.As a result, since 'Proposed Lot 33B' has no frontage on the public right-of-way as required by Section 4.4(d) of the Subdivision Regulations. The applicant, therefore, is requesting approval of a variance to that section. OCEANA SOUTH COMMERCE CENTER, L.L.C. Agenda Item 8 Page 1 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Office-warehouse units (condominium ownership)on the western portion of the site; the eastern portion of the site is undeveloped. SURROUNDING LAND North: • Office-warehouse/Conditional 1-2 Industrial District USE AND ZONING: South: • Office-warehouse/Conditional 1-2 Industrial District East: • Vacant undeveloped land/Conditional 1-2 Industrial District West: • Office-warehouse/Conditional 1-2 Industrial District NATURAL RESOURCE AND There are no significant natural resources or cultural features CULTURAL FEATURES: located on this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Special Economic Growth Area(SEGA)2—West Oceana. SEGA 2 is generally bound by London Bridge Road, Lynnhaven Creek, South Lynnhaven Road, and Potter's Road. It includes Lynnhaven Mall, surrounding retail and office complexes and Oceana West Industrial Park. Much of this area is subject to Navy restrictive easements and all of this area is inside the AICUZ high noise zone. IMPACT ON CITY SERVICES WATER: The existing lot is connected to the City water system. The existing 1.5-inch meter servicing Lot 33 may remain and continue to serve Lot 33A. City water will not front Proposed Lot 33B. A new water line and meter will need to be installed to service Lot 33B. A 10-foot wide private water line easement will be established on Lot 33A for the benefit of Proposed Lot 33B. SEWER: This existing lot is already connected to the City sanitary sewer system, and the system will continue to serve the new Lot 33A. City sewer will not front Proposed Lot 33B. A variance to allow shared private sanitary sewer services between two separately platted lots was approved for this site on December 17, 2014. A 10-foot wide private sewer easement will be established on Lot 33A for the benefit of Proposed Lot 33B. Sewer and pump station analysis for Pump Station #583 is required to determine if future flows can be accommodated. • • Section 9.3 of the Subdivision Ordinance states: OCEANA SOUTH COMMERCE'ENTER, L:PageL C Agenda Item 8 2 No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. 4 • EVALUATION AND RECOMMENDATION The applicant desires to create a second lot from the portion of a lot where a second building would have been constructed based on a site plan approved in 2005. The applicant has been discussing this proposal to subdivide the lot with the staff of various City departments for several months, and has already secured approvals for variances to services that will be necessary to market and develop the site—such as easements for utilities. If this variance is granted, once the new lot is recorded, the applicant will proceed to market it for uses that are permitted by the Conditional 1-2 zoning of the site, are compatible with the Greater than 75 dB DNL AICUZ and APZ-1, and are allowed by the Navy's restrictive easements on the property. Staff recommends approval of this request with the condition below. 4 .♦ CONDITION The property shall be subdivided substantially as shown on the submitted plan, titled "Oceana South Industrial Park, Lot 33, Subdivision of Residual Parcel B1 — Preliminary Subdivision Plat," prepared by JMT, and dated 3/23/15. 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. OCEANA SOUTH COMMERCE-CENTER,t.L C.; Agenda Item 8 Page 3 ... -.0 L - To t " g 42 CO 3 •, , F. V ...... ,, ' V . . 4i -71/. t - , : iikk •,..,, .:.... 4,,,,, ._., : ' ,,r-•$:. . VIA ' ' r'\ ' .' - :•-•'.? /,‘,' A `.,f.:;'''-, N-. , .., •--- ,rAik --- \\ - - ., f v.- ' ANL . . . 4....-..0 -i :.. 4 . 11 ' e e,N_ . \,,T, . ,'' ' ,';=*•-' .4 • ' --..\ittt-o's.': .,' - ..!0\.• , to. \ ., * ., ',,,,,v, ''- .., .., 100' ''•,- , ' '4- :...:, --. ,-.1 ' . ili 4104,f•l.....• iir . • zO• ' /.., t •,,',. 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' / /<,,,7-- �� N1p/ 12* / 9e / / • /, / - 5 dB Ldn 6� r 'Zoning with Conditions/Proffers,Open Space Promotion Subdivision Variance 4.4 (c., ZONING HISTORY # DATE REQUEST ACTION 1 10/29/2002 Change of Zoning (I-1 and 1-2 to Conditional 1-2) Approved 06/27/1995 Reconsideration of Conditions Approved 05/05/1986 Change of Zoning (AG-1 &AG-2 to 1-1 and 1-2 Industrial) Approved 2 00/00/2000 Change of Zoning (AG-2 to R-15) Denied OCEANA SOUTH COMMERCE CENTER, L.L.C. Agenda Item 8 Page 6 Apr 241511:03a p.2 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disctos tr s contained :Si this form are necessary to '!1'eortr. pubic cfific aas who may vo"e on the applk tiutrt as to whether they have a conflict of interest tom.' 1der Vir:&n'a SECTION 1 /APPLICANT DISCLOSURE Check here If the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CiTY USE ONLY i A!l c uclosures rus be updated two(2)weeks pno:to any Page 1 of 4 Nam)•,c Coo radon nne City Council n nctinq that oettains to the a cphcation(c;. 0 6.(`PLICANT NO?!FIED on t:EARINC DATE: 32< MO CHANCES AS OF DAi'E: WS0111F, REV!SiONS SUEF-ST i ED DAt E: DISCLOSURE STATEMENT OCEANA SOUTH COMMERCE`=CENTER, L.L.C. Agenda Item 8 Page 7 1 11 Apr 241511.03a p.3 1113 Virginia Beach other unincorporated organization,AND THEN,complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members,trustees, partners,etc.below: (Attach list If necessary) Oceana South Commerce Center LLC Troy T Boyd,Sole Member/Manager . (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if orooerty owner Is different from Applicant. E Check here if the PROPERTY OWNER 15 NOT a corporation,partnership,firm, business,or other unincorporated organization. 0121 Check here if the PROPERTY OWNER/S a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members,trustees, partners,etc.below: (Attach list if necessary) Same As Applicant (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Viroinia law. DISCLOSURE STATEMENT OCEANA SOUTH COMMERCE:CENTE1;i L C Agende Item 8 :Page 8 Apr 24 15 11:04a p.4 \fl3 Virginia Roach 1"Parent-subsidiary relationship" means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Z 'Affiliated business entityrelationship' means "a relations p hip, 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 entitles 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. SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the aaolication or any business ooeratina or to be operated on the Property. if the answer to any item is YES,please identify the firm or individual providing the service: l YES NO SERVICE PROVIDER lase additional sheets if needed) El ® Accounting and/or preparer of your tax return ® [I Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than -- the Applicant)-identify purchaser 1 and purchaser's service providers 1 Any other pending or proposed El ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) r ZConstruction Contractors Engineers/Surveyors Ronald J Mickiewicz 757-552-1047 The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT OCEANA SOUTH COMMERCE CENTER, L.L.C. Agenda Item 8 Page 9 Apr 241511:04a p.5 AM Virginia Beach Financing(include current ❑ Emortgage holders and lenders t� selected or being considered to provide finandng for acquisition or construction of the property) Z ❑ Legal Services Mike Inman 757-486-2174 ❑ • Real Estate Brokers/Agents for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? if yes,what is the name of the official or employee and what is the nature of the Interest? CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks •rior to the Planning Commission, Council, VBDA meeting, or ry..eting o y pu ill boAr Qr committee in connection with this Application. /Or`-n A- 5 ,' of ,,,boy T Boyd Mgr.OSCC 04-23-15 ic APPLI S SIGNATURE PRINT NAME DATE /r'' e° �8. Troy T Boyd Mgr.OSCC 04-23-15 P'.. O `' NATURE '7M�J PRINT NAME I DATE . Qtalictrniaca-R. The disclosures contained in this form are necessary to Inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT OCEANA SOUTH COMMERCE':CENTER,L:L C Agenda Item 8 Page 10 Item #8 Oceana South Commerce Center Variance to Section 4.4(d) of the Subdivision Variance 2509 Squadron Court District 3 Rose Hall June 10, 2015 CONSENT An application of Oceana South Commerce Center for a Variance to Section 4.4(d) of the Subdivision Regulations,which requires all lots have direct access to a public right-of-way and meet all the requirements of the Zoning Ordinance on property located at 2509 Squadron Court, District 3, Rose Hall. G P I N: 14957835450000. CONDITIONS The property shall be subdivided substantially as shown on the submitted plan,titled "Oceana South Industrial Park, Lot 33, Subdivision of Residual Parcel B1—Preliminary Subdivision Plat," prepared by JMT, and dated 3/23/15. A motion was made by Commissioner Thornton and seconded by Commissioner Brockwell to approve item 8. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN ABS KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,with the abstention so noted,the Commission approved item 8. I l a O rl .:' o N .r 03 j r N { ` L 1 /111.14 'N \ N Mr '.r`t fil , .)C • N. CO 4111 �.. e• o CSS `` N ,��- 4.. / --,...,.. i , ,...... ----••, ' /71 .'' %P) ~,�` `�' (,/,,r f V TWO N r' r� f rl / !/ A N. r r_jaill) . ., , N -------,...., -----, .. , r 4. + / ,, ,,04 _.„, / // • I / r WI V1 I — #9° f -~ / 1 \_\ Ccs t.a` �,-, ,= ---, au 3111149 � :I3G t t t„....., \ 9( 7 .._ ./ 0.9 �� Z N . _. 6,94, , Z Q41b °11111114r' & triik, 21; .j. .'Z ' N,„,,, h f ..„. Pliwa4 t -ILitill)'---- ,7 --"% o J f y � Qs C + o o(4' A O w y 0 CI Q. I o1.7) , gs� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAVID S. and TERESSA A. ITALIANO (Applicants & Owners) Conditional Use Permit (Bulk Storage Yard), 1417 London Bridge Road (GPIN 1495560786). COUNCIL DISTRICT— ROSE HALL. MEETING DATE: July 14, 2015 • Background: The applicant requests a Conditional Use Permit to allow the continued use of this 1.09-acre site as a storage yard for landscape materials. The property is zoned I-1 Light Industrial. Recently, consistent with standard lending practices, a financial institution requested a Zoning Verification letter from the Zoning Office of the Planning Department. During the research required as part of that verification, Staff found that the City has no record of a Conditional Use Permit ever being granted for bulk storage on the subject site. Once notified of this finding, the applicant submitted this application. • Considerations: Access to the site is currently from London Bridge Road; no new access points are requested with this application. The site is highly visible from Drakesmile Road; thus, a vinyl fence supplemented by evergreen shrubs and large canopy trees will be installed along that frontage. Further details pertaining to the site improvements as well as the use itself are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the submitted site plan entitled "CONCEPT PLAN, WHOLESALE LANDSCAPE SUPPLIES BY DAVID ITALIANO", dated February 11, 2015, and prepared by Gallup Surveyors & Engineers, Ltd. DAVID AND TERESSA ITALIANO Page 2 of 2 2. Vehicular access to the facility shall be only from the existing access point on London Bridge Road, as shown on the concept plan referenced in Condition 1. The entrance shall be improved as depicted in the submitted concept plan referenced in Condition 1 above. 3. Plants shall be installed in the area between the right-of-way of Drakesmile Road and the vinyl fence as follows: a. Nine (9) large canopy trees evenly spaced with azaleas planted around the base of each tree; and b. A row of evergreen shrubs, with a minimum height at planting of twenty-four inches (24"), between each of the large canopy trees. 4. The site shall be used only for the storage of landscape materials and equipment associated with the applicant's landscaping business. The use of the site for the storage of shipping cargo containers, portable self- storage containers, or any other such storage containers shall not be permitted, with the exception of the two (2) existing containers used to store equipment associated with the applicant's landscaping business. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. 1 Submitting Department/Agency: Planning Departmen 4i44 .illi City Manager: k-. 4 I ROSE HALL ��,►m�, David S. &Teressa A.Italiano ' ! June 10, 2015 Public Hearing .1 /,i; 12*it >75,4B Ldn >7S 3 f f APPLICANT & PROPERTY / AG?/�r f / OWNERS: ;% } / DAVID S. & \ TERESSA A. APzITALIANO �PZ2 Jj;, 12 •z.. w c..ae...vrwh..or.sr...n..n.w. CUP for Sulk Storage Yard STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit(bulk storage yard) ADDRESS/ DESCRIPTION: 1417 London Bridge Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14955607860000 ROSE HALL 1.09 acres >75 dB Ldn &APZ-1 4 • BACKGROUND / DETAILS OF PROPOSAL Background: The applicant requests a Conditional Use Permit to allow the continued use of the property as a storage yard for landscape materials. The applicant requested a Zoning Verification letter from the Zoning Office of the Planning Department. During the research required as part of that verification, Staff found that the City has no record of a Conditional Use Permit ever being granted for bulk storage on the subject site. Once notified of this finding, the applicant submitted this application. Details: Proposed improvements to the site include the installation of a four-foot high, vinyl fence adjacent to Drakesmile Road, supplemented with a row of evergreen shrubs and large canopy trees along the outside of the fence.A chain-link fence separates the existing storage yard from the adjacent parcels to the north and east. The applicant requests a deviation from the required Category VI screening, as allowed by Section 221(i)of the Zoning Ordinance, to allow the chain-link fence to remain. Access to the site is currently from London Bridge Road; no new access points are requested with this application. The existing entrance into the facility is composed of a crushed gravel surface. The submitted DAVID S. & TERESSA A. ITALIANO Agenda Item 3 Page 1 site plan shows that the area of the entrance between the paved portion of London Bridge Road and the property line will ultimately be paved. Access to the storage yard will be controlled by a gate that is set back approximately 75 feet from London Bridge Road. 4 6 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Bulk storage yard for landscape material SURROUNDING LAND North: • London Bridge Road USE AND ZONING: • Mulch processing facility/AG-2 Agricultural District South: • Undeveloped wooded area & mini-warehouse facility/ Conditional I-1 Industrial District East: • Undeveloped wooded area & mini-warehouse facility/ 1-1 Industrial District West: • Drakesmile Road • Veterinary Office and Kennel/AG-2 Agricultural District& I- 1 Industrial District NATURAL RESOURCE AND The site is undeveloped, and the ground cover primarily consists of CULTURAL FEATURES: a gravel surface. The site is located in the Chesapeake Bay Watershed. There do not appear to be any significant cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being located within the Suburban Area and within Special Economic Growth Area 3(SEGA 3), South Oceana. Strategic Growth Area 3 is located in close proximity to Naval Air Station Oceana and has significant economic value and growth potential, targeting land uses that are compatible with military operations. The City supports development and redevelopment in these areas that is consistent with the AICUZ provisions as set forth in Article 18 of the Zoning Ordinance and the City's economic growth strategy(pp. 3-5). Strategic Economic Growth Area 3 is a large hourglass shaped tract of land encompassing properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. In the western portion, between Drakesmile Road and Holland Road, there are considerable environmental constraints. Portions of this area are also impacted by high noise zones, accident potential zones and restrictive easements from the United States Department of the Navy. In this area, the Comprehensive Plan calls for non-residential, light industrial uses. 4 6 IMPACT ON CITY SERVICES TRAFFIC: DAVID S. & TERESSA A. ITALIANO Agenda Item 3 Page_2 Street Name Present Present Capacity Generated Traffic Volume London Bridge Road 12,200 ADT ' 9,900 ADT (LOS 4"D") Existing Land Use 2—20 ADT 11,100 ADT (LOS "E") Proposed Land Use —20 ADT 'Average Daily Trips 2 as defined by a 1.09 acre parcel used for wholesale nursery products a LOS=Level of Service WATER&SEWER: City water and sewer are not required for this use of the property. • EVALUATION AND RECOMMENDATION Staff recommends approval of this request for a bulk storage facility. The property has been used in this capacity for many years, and the changes to the site proposed with this application are, in Staffs opinion welcome improvements. The use is consistent with the Comprehensive Plan's land use policies for the Suburban Area, and more specifically with the Special Economic Growth Area 3, South Oceana. Additionally, bulk storage use is consistent with the industrial character of the surrounding area and is compatible with the mulch processing facility to the north and mini-warehouse facility to south. The site is extremely visible from Drakesmile Road. The proposed installation of a four-foot vinyl fence and the planting of shrubs and trees between the fence and the Drakesmile Road right-of-way will greatly improve the aesthetics of the site. Section 228 of the City Zoning Ordinance requires that a bulk storage yard be screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, with plants along the exterior of the fence. The submitted site plan shows chain-link fencing along the north and east sides of the storage yard, which does not meet the Category VI requirement. The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i)of the Zoning Ordinance, which allows City Council to grant deviations from required setbacks, landscaping, height, lot area requirements, and lot coverage. The City Council may allow such deviations"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that use of a chain- link fence in the locations depicted on the site plan in lieu of the required Category VI landscape screening will not adversely impact the adjacent properties, especially given the industrial use of those properties. Staff finds that the proposed site improvements are welcome aesthetic upgrades to a site that has been used as a highly visible storage yard for many years. Staff, therefore, recommends approval of this request with the conditions below. 4 • DAVID S. & TERESSA A. ITALIANO Agenda Item 3 Page 3 CONDITIONS 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the submitted site plan entitled "CONCEPT PLAN, WHOLESALE LANDSCAPE SUPPLIES BY DAVID ITALIANO", dated February 11, 2015, and prepared by Gallup Surveyors & Engineers, Ltd. 2. Vehicular access to the facility shall be only from the existing access point on London Bridge Road, as shown on the concept plan referenced in Condition 1. The entrance shall be improved as depicted in the submitted concept plan referenced in Condition 1 above. 3. Plants shall be installed in the area between the right-of-way of Drakesmile Road and the vinyl fence as follows: a. Nine (9) large canopy trees evenly spaced with azaleas planted around the base of each tree; and b. A row of evergreen shrubs, with a minimum height at planting of twenty-four inches (24"), between each of the large canopy trees. 4. The site shall be used only for the storage of landscape materials and equipment associated with the applicant's landscaping business. The use of the site for the storage of shipping cargo containers, portable self-storage containers, or any other such storage containers shall not be permitted, with the exception of the two(2)existing containers used to store equipment associated with the applicant's landscaping business. NOTE:Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. DAVID S. & TERESSA A. ITALIANO Agenda Item 3 Page 4 1f,' I,` a11, {{1 ice_ e V 4.. .,-./ 4 4 m 0 `O 0 7., r , ./;/.! f4 ' / t ;; ., • fir .. - w,;frh ( ab 0* ' ty J , r r 3 r 4 . Z r� 1 e • " •( C. AERIAL OF SITE LOCATION DAVID S. & TERESSA A. ITALIANO Agenda Item 3 Page 5 Illsd. i. r Iu - .. ii i 1 i S i t I i— i 6 v- .. 41 , , / I A / - / li N la t.. . / 1•••••'' ' . / / 1 z 5 0 1 h ill / 1 -Pi / // tr— . <y IAJ „ 0. gl , 1 I a I::, • I /.. t tz I , - /77/ (.1 I 4) I z tf) . / 4 / ._ riz,..,= ,, d 7 K °cc, It•1 / i g 1". ' 1 , . 7 - 0 1 _J • a % -1 .. li o .. // /: .;_A#, L. a . 0 \AT // Z f'7. 'ci'. f.'..cU'l • I r 1 CL Cc< 4t•C & " 0 Z u j , .• i[ 4i2 o cc , 1 ' - ' ,. W z LU 6.E0rX 1 1 1 ;.-.,•,', '--: 4 ,,,,2 i • , .4 t r , 'ILI ! ill ' fl II " .: .- !iv! 0! k ; t . ; • : z. z a A 4 II I ' I I!I 1 1 ik ; I lit Ii ! a c., If . 1 iiiiii ,, uhl IiI w . ,ht l'f CC 4 cr< lif it <0........j t 9 Vi PROPOSED SITE LAYOUT (Conditions 1 and 3) DAVID S. & TERESSA A. ITALIANO Agenda Item 3 Page 6 . r # k , 4 I! • i k. ) .I v *..... t, ..?Pit r ', f .411k7�, s .p .. .s< ' Vii' V .§. -�. mak. 1 :,-—:::.c :!".•. il ., F. q p ,f�•r r1 t: VIEW FROM WEST SIDE OF DRAKESMILE ROAD LOOKING SOUTH (GOOGLE Street View) DAVID S. & TERESSA A. ITALIANO Agenda Item 3 Page 7 11 ROSE HALL Map p I-o Ocaie David S. & Teressa A. Italiano R 4 117K / 1 'IP° L I ,...„ i'/ (2 ill / I g 12* JiBLdn >75 , . - IrAG2 �, �)1 �. 2 3 ----;\ , W � APZ‘,-.4:-,...,1%., .'.,,,..:1 of 11* j' /§//' 7 1,, / - PZ 2 / -.'. c i1 j # 12 it , N I \ n- P'----- ( /117 \ I L --..' �� .. r Zoning with Conditions Proffers,Open Space Promotion CUP for Bulk Storage Yard ZONING HISTORY # DATE REQUEST ACTION 1 09/16/2014 Modification of Conditions Approved 09/16/2014 Floodplain Variance Approved __ 02/22/2005 Conditional use permit(Animal Pound) Approved 2 07/02/2013 Conditional use permit(Bulk Storage Facility) Approved 01/11/2005 Change of Zoning (AG-1 &AG-2 to Conditional I-1) Approved 3 10/29/2002 Change of Zoning (I-1 & 1-2 to Conditional 1-2) Approved 4 02/01/2000 Modification of Proffers Approved 01/23/1989 Change of Zoning (AG-1 &AG-2 to Conditional 1-2) Approved 5 10/20/1997 Modification of Proffers Approved 06/27/1995 Modification of Proffers Approved 05/05/1986 Change of Zoning (AG-2 to 1-2) Approved 6 08/04/1986 Change of Zoning (AG-2 to I-1) Denied DAVID S. & TERESSA A. ITALIANO Agenda Item 3 Page 8 ITS Vin6naia Btf'h DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT JS a corporation, partnership, firm, business, or DISCLOSURE STATEMENT ErNo 4i429440 .0.4. of -ail I hs DAVID S. & TERESSA A. ITALIANO Agenda Item 3 Page 9 NA13 Virginia Beach other unincorporated organization, AND THEN,complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members,trustees, partners,etc. below: (Attach list if necessary) David S. Italiano&Teressa A. Italiano, husband and wife (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members,trustees, partners, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 DISCLOSURE STATEMENT DAVID S. & TERESSA A. ITALIANO Agenda Item 3 Page 10 Virginia Beach 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. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of your tax return r, Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed on purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors riEngineers/Surveyors Gallup Surveyors&Engineers,Ltd, The disclosures contained in this form are necessary to inform public Page 3 of 4 DISCLOSURE STATEMENT DAVID S. & TERESSA A. ITALIANO Agenda Item 3 Page 11 \B Virginia Beach Financing(include current ❑ 1, mortgage holders and lenders �. selected or being considered to provide financing for acquisition or construction of the property) Sykes,Bourdon,Ahern&Levy,P.C. RAIL ❑ Legal Services ❑ Real Estate Brokers/Agents for �1 current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two eeks i to the Planning Commission, Council, VBDA meeting, or meeting o y p li d r , ' tee in connection with this Application. / G/ ' David S. Italiano .c'3,q i c, APPLICANT'S SIGNATURE PRINT NAME DATE 0 / Teressa A. Italiano Sj / RS20 ERTY OWNER'S SIG ATURE PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 DISCLOSURE STATEMENT DAVID S. & TERESSA A. ITALIANO Agenda Item 3 Page 12 II Item #3 David S. & Teressa A. Italiano Conditional Use Permit 1417 London Bridge Road District 3 Rose Hall June 10, 2015 CONSENT An application of David S. & Teressa A. Italiano for a Conditional Use Permit (bulk storage yard) on property located at 1417 London Bridge Road, District 3, Rose Hall. GPIN: 14955607860000. CONDITIONS 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the submitted site plan entitled "CONCEPT PLAN, WHOLESALE LANDSCAPE SUPPLIES BY DAVID ITALIANO", dated February 11, 2015, and prepared by Gallup Surveyors & Engineers, Ltd. 2. Vehicular access to the facility shall be only from the existing access point on London Bridge Road, as shown on the concept plan referenced in Condition 1. The entrance shall be improved as depicted in the submitted concept plan referenced in Condition 1 above. 3. Plants shall be installed in the area between the right-of-way of Drakesmile Road and the vinyl fence as follows: a. Nine (9) large canopy trees evenly spaced with azaleas planted around the base of each tree; and b. A row of evergreen shrubs, with a minimum height at planting of twenty-four inches (24"), between each of the large canopy trees. 4. The site shall be used only for the storage of landscape materials and equipment associated with the applicant's landscaping business. The use of the site for the storage of shipping cargo containers, portable self-storage containers, or any other such storage containers shall not be permitted, with the exception of the two (2) existing containers used to store equipment associated with the applicant's landscaping business. A motion was made by Commissioner Thornton and seconded by Commissioner Brockwell to approved item 3. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE Item#3 David S. &Teressa A. Italiano Page 2 INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 3 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. . , .I III 1 41=1111 • C•• ------v_s *10 --\ \I ------_---- -''2 •CICIr". j ---j 72-- Coe ' ... . ;11.4 • r'\ \ \ \------ 1\ i I (t____C\ '1. , ) il• ___- ..,.---"'-----,--,---"---- ---_,,_, Li. = 1 --------- 0 1 tall:) : • • - I \ \ \ V ••.. 0 -- ----- 't / 0 g \ Dcole / p - ,.. !‘ \ '61, E ...,Q. I-'1/4-C ' \ \,... :', • \ \ CO \-- I-7: ' I, r 1 / 10 = , 4 ---;------'--1 0, ',., \ \ itn ki \ \ . 44-11111---'111:11-1 0.4 il"------.----.-'— , . A \ it'• 1Z1 \ \ GA N ___.---- V \ .., .. ..._. •,..., , ( / \ \—A L fi eS ' 4.- . • •pm* , \ / a. o ---- " ------- el) 00.0.or ou '6. \ ..--- .0. ..--.8 -- a) :1 .., .8 ..--- ...- - ...--. ..----.\ .\ __ -----. 3 \ ,--". -- % U 4 -2.4,_ L-- ,,,-'• 7-'0\ N ,..... \ , 0 4 rz., u •.... ,.,---\.---:,\\„„ .- .- F--- it i• - \ cn la .,,i .‘,...., ,---- ,..„," ...-- ... , .-- . , ._. - 1 , 7 a .," "--- ,.,, ,...- , . 1 I l[ Ii PI til i1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WILLIAM FELTS (LAND TECH RESOURCES, INC.) & KYLE ELLIS (ENTERPRISE HOLDINGS) (Applicant) / MALCOLM ENTERPRISES (Owner), Conditional Use Permit (Motor Vehicle Rentals), 1845 Laskin Road (GPIN 2407575888). COUNCIL DISTRICT— BEACH. MEETING DATE: June 17, 2015 • • Background: The applicant requests a Conditional Use Permit to allow redevelopment of the site for motor vehicle rentals. A car wash is currently located on the site and has been in operation for many years. • Considerations: The redevelopment of the 0.687-acre parcel includes removing the existing structure and constructing a 1,400 square foot building with parking and rental car storage. The proposed building will contain office space as well as one car wash bay. According to the application, normal operating hours will be 8:00 a.m. to 6:00 p.m., Monday through Friday, and there will be limited operating hours during the weekends. The motor vehicle rental business will employ up to four people. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0-1, to recommend approval of this request to the City Council with the following conditions: 1. The site shall be developed substantially in conformance with the concept plan entitled, "Site Plan of 1845 Laskin Road, Enterprise Rent- A-Car," prepared by LRI, Inc., dated April 1, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The building shall be developed substantially in conformance with the elevations and renderings entitled, "Laskin Road Rental Office, Sheets I WILLIAM FELTS Page 2 of 2 1-3," prepared by Matthew G. Burton Architect, LLC, dated May 6, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. A sidewalk, minimum width of five feet, shall be installed along the entire Laskin Road frontage of the property. 4. Consistent with the Public Works Specifications and Standards, the entrance radii shall be decreased from 25 feet to 15 feet, or as otherwise approved by the Department of Public Works during final site plan review. 5. Crosswalks created with brick pavers, stamped concrete with infused color, or other durable material that differentiates the crosswalk from the driveway and parking lot material shall be installed across the driveway entrance and connect the handicapped space to the building entrance. Stamped asphalt shall not be permitted. 6. A photometric plan shall be submitted for review during detailed site plan review. The plan shall include the location of all poles and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 7. Any freestanding sign shall be monument style and shall be constructed of building materials and a color scheme consistent with the building identified in Condition 2. The height of said sign shall be limited to eight (8) feet. A separate permit shall be obtained from the Planning Department, Zoning Division for all signage on the building and on the site. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen ;�.��t., City Manager: k...... 4�'�,_ 5 BEACH June 10, 2015 Public Hearing , „,e,, William Felts- LandTech Resources, Inc. c' B2 �„ APPLICANTS: .4,p, >75 dB Ldi, ` WILLIAM FELTS IA B2 ROM ;-‘, B2 LANDTECH 62 RESOURCES, INC.) KYLE ELLIS >75dB (ENTERPRISE 4Atf Ale � .� HOLDINGS) AtrZ y`` r ,_ \\;+ • PROPERTY OWNER: •reniy.ie cearw,.oAa...q..sr...Premien CUP to,Motor Vehicle Rental MALCOLM ENTERPRISES STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit(Motor Vehicle Rental) ADDRESS/DESCRIPTION: 1845 Laskin Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24075788800000 BEACH 0.687 acre Greater than 75 dB DNL and APZ-1 • BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit to allow redevelopment of the site for motor vehicle rentals. A car wash is currently located on the site and has been in operation for many years. As the site is within the Hilltop Strategic Growth Area(SGA), the applicant met with Staff to discuss consistency and design details related to the goals and vision of the Hilltop SGA Plan. The property is also located in Accident Potential Zone 1 (APZ-1)of NAS Oceana. The APZ-1/CZ Master Plan, adopted in 2008 as an amendment to the Comprehensive Plan, provides general land use policy guidance regarding the future use of properties in the APZ-1 and Clear Zone areas. The APZ-1/CZ Master Plan's "General Land Use WILLIAM FELTS Agenda Item 5 Page 1 Plan"designates this property for compatible, non-residential uses (p. 30), which includes "automotive" uses(p. 22). Details The redevelopment of the 0.687-acre parcel includes removing the existing structure and constructing a 1,400 square foot building with parking and rental car storage. The proposed building will contain office space as well as one car wash bay. According to the application, normal operating hours will be 8:00 a.m. to 6:00 p.m., Monday through Friday, and there will be limited operating hours during the weekends. The motor vehicle rental business will employ up to four people. • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Car wash SURROUNDING LAND North: • Laskin Road USE AND ZONING: • Shopping center/B-2 Community Business District South: • Self-storage/B-2 Community Business District East: • Auto repair/B-2 Community Business District West: • Auto sales &service / B-2 Community Business District NATURAL RESOURCE AND The property is located in the Chesapeake Bay watershed. As the CULTURAL FEATURES: site is developed with a car wash and is almost entirely impervious, there does not appear to be any significant environmental or cultural resources present. COMPREHENSIVE PLAN: This property is located in the Hilltop Strategic Growth Area, as identified by the Comprehensive Plan and the Hilltop SGA Master Plan. On August 28, 2012, the Hilltop SGA Master Plan was adopted as an amendment to the Comprehensive Plan. The SGA Plan recommends non- residential mixed use development for this site with uses that are deemed compatible with their AICUZ designation(p. 13, Hilltop SGA Plan). The 'Special Area Development Guidelines- Urban Areas' address various site and architectural design elements. These guidelines should be followed closely for any new development in an SGA. The directives most applicable to this proposal address parking placement, access and circulation(pp. B-1 to B-2): • Individual businesses need to be linked to the street, to the sidewalk, to bus stops, to neighborhoods and each other. • Parking areas should not dominate the frontage of streets. Off-street parking areas should be located behind buildings or in the interior of a block whenever possible. 4 • IMPACT ON CITY SERVICES WILLIAM FELTS Agenda Item 5 Page 2 MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Laskin Road in the vicinity of this application is considered a four-lane, divided, major urban arterial. In addition to the existing four-lane section of road, there are two, two-lane local access roads parallel to the mainline portion of roadway: one on the south side and one on the north side of Laskin Road. The existing infrastructure currently exists within a 160-foot right-of-way. The MTP proposes a six-lane facility within a 165-foot right-of-way. Currently, this segment of roadway is functioning over-capacity at a Level of Service E. There is a Roadway CIP project programmed for this area: Laskin Road—Phase I (CIP 2-156). It calls for the construction of an eight-lane, divided highway in a 160-foot right-of-way from Republic Road to Winwood Drive and a six-lane, divided highway in a 150-foot right-of-way from Winwood Drive to Oriole Drive with multi-use path and sidewalk. These limits include the intersections at First Colonial Road and at Birdneck Road. Right-of-way acquisition is complete; however, construction is being delayed beyond 2019 due to lack of construction funding. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Laskin Road 29,392 ADT ' 17,300 ADT '(LOS 4"C") Existing Land Use 2— 1,080 ADT 31,700 ADT ' (LOS 4"E") Proposed Land Use 3—47 ADT I Average Daily Trips 2 as defined by the existing self-service car wash 3 as defined by proposed motor vehicle rental 4 LOS=Level of Service WATER: This site is already connected to City water. There is an existing 5/8-inch meter that may be used or upgraded to accommodate the proposed redevelopment. There is an existing 16-inch City water main and a 36-inch City water transmission main along Laskin Road. SEWER: This site is already connected to City sanitary sewer. Analysis of Pump Station#261 and the sanitary sewer collection system may be required to ensure future flows can be accommodated. There is an existing 10-inch City sanitary sewer gravity main and a 42-inch HRSD sanitary sewer force main along Laskin Road. Water and sanitary sewer service must be verified and improved, if necessary, so the new building will have adequate water pressure, fire protection, and sanitary sewer service. 4 EVALUATION AND RECOMMENDATION The applicant and Staff met for a predesign meeting prior to the submission of the application. The applicant was amenable to suggested changes to the original site layout. While recent amendments to the Zoning Ordinance allow the building to be closer to the street than depicted on the submitted plan, the relocation of the building from the center of the property, as the car wash is currently, to the 35-foot front yard setback is acceptable and is consistent with the placement of buildings in the surrounding areas. WILLIAM FELTS Agenda Item 5 Page 3 Another important design alteration was the relocation of the parking areas. As depicted on the plan, and as recommended by both the SGA Plan and the Design Guidelines, there will be no parking areas or drive aisles between the building and the street. Interior sidewalks shown on the plan provide good connectivity to the building, the street, and the parking lot. Staff is recommending as a condition of approval that a minimum five-foot wide sidewalk be installed along Laskin Road, consistent with the Design Guidelines' recommendations. A right-of-way dedication may be required during site plan review to accommodate the sidewalk; this will be reviewed in more detail at that time. Consistent with the Guidelines, Staff also recommends that high quality crosswalks(pavers, stamped concrete with infused color, or other durable material that differentiates from the driveway and parking lot material) be installed across the driveway entrance, and that a connection be provided from the handicapped space to the building's entrance. Although no plants are depicted on the submitted plan, the vegetation required with the redevelopment of the property will greatly improve the site's aesthetics. In Staffs opinion, the proposed design of the building will create interesting facades on the three sides of the building visible from Laskin Road. Automobile-oriented uses are typically discouraged in the Strategic Growth Areas; however, this site is located in the APZ-1 and in the Greater than 75 AICUZ. As set forth in Article 18 of the City Zoning Ordinance, automotive-related uses are one of the few compatible uses in the heavily impacted AICUZ areas. Further, the applicant has designed the site well, largely adhering to the applicable Design Guidelines regarding building and parking lot placement and connectivity to the street. The design principles found in the Comprehensive Plan's 'Special Area Development Guidelines—Urban Areas,' when implemented, are tailored to ensure projects contribute to improving the quality of the city's physical environment and overall quality of life. It is Staffs conclusion that the project meets the majority of these Guidelines, particularly with regard to those summarized below. Overall, this is an acceptable redevelopment plan for this site given its land use compatibility restrictions, and Staff recommends approval, subject to the conditions that follow on the next page. Special Area Development Guidelines—Urban Areas Site Design: Setbacks and Building Location—This Guideline recommends that buildings be located close to the pedestrian street with off-street parking behind or beside buildings. The project meets this Guideline as there are no parking areas or drive aisles proposed between the building and the street. Access and Circulation—To increase the ease and pleasure of walking and decrease motor vehicle use, individual businesses should be linked to the street and sidewalk with pedestrian connections. The interior sidewalks shown on the plan provide good connectivity to the building, the street, and the parking lot. Staff is recommending as a condition of approval that a minimum five-foot wide sidewalk be installed along Laskin Road to fully address this Guideline. Parking Areas—Consistent with the Guideline and as noted above, the off-street parking is located next to and behind the building so that the parking lot does not dominate the Laskin Road frontage. Landscaping—Currently, there is very little vegetation on the site. Quality landscaping, whether it includes plants,fencing, plazas, etc., is the core principle of this Guideline. The required plantings to meet current City standards will provide screening and overall improved aesthetics for the property and will bring the site into conformance with this Guideline. WILLIAM FELTS Agenda Item 5 Page 4 Stormwater Management as Landscaping Feature—The preliminary stormwater strategy for the redevelopment of this site includes underground storage. Unfortunately, this takes away the opportunity for retention systems to be incorporated into the open space and landscape amenity design. Lighting—Staff has recommended a condition that a Lighting Plan be submitted during final site plan review in order to meet this Guideline. Signs—No information regarding the freestanding sign was submitted with this application. Staff is recommending a condition below to meet this Guideline with regard to materials, colors, and height. BUILDING DESIGN &STREET DESIGN: The Building Design and Street Design Guidelines were developed for multi-story buildings along an urban street.While the site is located in the Hilltop SGA, an SGA with an ultimate small scale urban vision, the market has yet to exist for non-residential, higher performing developments that are deemed compatible with the AICUZ designation. Based on this, the proposal has not been evaluated for consistency with these Guidelines. 4 • CONDITIONS 1. The site shall be developed substantially in conformance with the concept plan entitled, "Site Plan of 1845 Laskin Road, Enterprise Rent-A-Car," prepared by LRI, Inc., dated April 1, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The building shall be developed substantially in conformance with the elevations and renderings entitled, "Laskin Road Rental Office, Sheets 1-3," prepared by Matthew G. Burton Architect, LLC, dated May 6, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. A sidewalk, minimum width of five feet, shall be installed along the entire Laskin Road frontage of the property. 4. Consistent with the Public Works Specifications and Standards, the entrance radii shall be decreased from 25 feet to 15 feet, or as otherwise approved by the Department of Public Works during final site plan review. 5. Crosswalks created with brick pavers, stamped concrete with infused color, or other durable material that differentiates the crosswalk from the driveway and parking lot material shall be installed across the driveway entrance and connect the handicapped space to the building entrance. Stamped asphalt shall not be permitted. 6. A photometric plan shall be submitted for review during detailed site plan review. The plan shall include the location of all poles and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture.All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. WILLIAM FELTS Agenda Item 5 Page 5 7. Any freestanding sign shall be monument style and shall be constructed of building materials and a color scheme consistent with the building identified in Condition 2. The height of said sign shall be limited to eight(8)feet. A separate permit shall be obtained from the Planning Department, Zoning Division for all signage on the building and on the site. NOTE:Further conditions maybe required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED) concepts and strategies as they pertain to this site. WILLIAM FELTS Agenda Item 5 Page 6 .. ,, J'- ' ,-,* - '•-• er ....- z w r-goketwoof -.7 vol.,L.Ivo cycil tot.1., „•;AA„.‘,.. .1._ --. "A, - , . „ -01.1--- 3 . _ 4,,-,, ----,' ‘• .-"--. e•-.1.-:: - .: AA •.4. ',. t„., ,..• . -,- _,. ,A.-.--. f ' ••,:'-• ' -,. • -it. i • - - A--.• - ,. "C• ' - -- 1, ,, 1 l' 2.4., 4011: A •;-+7- .---Y..i: .,.. - .. 7.L,,,t,i'...-'r. -- ,l'i'',"! ,,:..** • i -' . - ae—c.,,,,,,r1, ,,,, ....•al - • i • ' iiii."-• t . -L ''',-: -----:- ..' v,:4* . . ' -'.-5r-••''''s: , •,.. 1 ' • ' ' - ' ''' . . . .., . -. _ :• . ,,,, I .., . - . .,-- _. . :. , , ". .. ...,_ ..., ,.. _ . :T•,''-.19 1..1 ,- • * ----------- -• _ . ,.._., _ .t •,ry '• '" .,f',-.:'.. _: ..1 ---t '..; ' Cg ..;t. 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''' "-0 .V.- . - ; • , • : t:1 , --77-,,;, -9,' f-9:-•.. .-. , . ,. , -,..• AERIAL OF SITE LOCATION WILLIAM FELTS Agenda Item 5 Page 7 s r �,.1 , IF:'''' 1i a1 ii »; affil y S 1..)11•VN 1, L__ �¢_ 4 =g 11 1 ,I i Te 1 11 12 4, `YoLIa r 7s I 1;7 ) ; a 1 s Y 191 -t�• 1 'I ..-,-:-.4,17. 1 T S 1 x .i g --a ala'70 .. it - ....._._,_._ NJACE WM' .„....„,...,„..,____,,,s, :g,.—� !.'S a 'l tuft. 114to 'rn ) MA MAIM 3l8viavA S OYO N!MSYt (4 C PROPOSED SITE LAYOUT WILLIAM FELTS Agenda Item 5 Page 8 li i 1 II =psi 2 if � ' •_ rMr.9.....� • . i'`,_.. a.,tett vt 3.Y ., ...w._-..._ ' r t ;Y _ t. : ..a S ifs. t •- , E . d it ••,.. I/. ./.., ,t 11 ' r 7,1SOSr fi■ !..i,..(,g . • 1m " a�Y, ... - as GI o • ,_ • i . R N a k + —C aa:!d�i ' x•q ext •� '. Y w1 •. 0 ��-'' rk§ k ri t• i 9 7w� ®r a�irta.-- — .w-'a — s@ _; _ 9 , 11S_ l M/a HJAI% ?-temarn 1 arca NIYSY1 EXISTING SITE LAYOUT WILLIAM FELTS Agenda Item 5 Page 9 w v z I- w lull 4.21 11111 11111 W T \ Stoop ) .°2-9-- 22, 0 z Y t • I • 0 ILPROPOSED BUILDING RENDERING WILLIAM FELTS Agenda Item 5 Page 10 AIIIIIIIIII I .111 111. 4,. 1 1H913H 1411,4IXYW a 0Z L 0 z1 OC WW J Z r \ 1 Illll ,J Nt iiil '� N } 1 1111111 ' i 4 W V i * i > u_ i ,fir 1111J -111 ! 5 i `- al 11 1 1111110 QZ o — 4' ----1 i < - r_- it W > lg W 0 W a 8 li = ' d 8 W o a 1�—/ 4 0 Z � 4 ID P O � 4( ZW PROPOSED BUILDING ELEVATIONS WILLIAM FELTS Agenda Item 5 Page 11 V o-zt { tL LL 8 — s %^ I et W w7 at A i -1 6 hh.r 1;'.` 5 1 .1111 I iliQ 1 --` I O g lrrrrrl rlrrrr hqu 1111 1 1111h111 IIh111 h1� 1 1111 1II11 111 MI 1 rlru . t III1114 111111 4rll ill _ J 14 4r r44r 14 , Irr1 ,— _ 4 IIrr111 111111 IA r.r ,,r-- I11r1 1r1 111 Irllrlrf r111111 ill i i gI'iI i I z 4rr11 444 %% of L- F — 11441 PPP lir i 4 '• , — v ir rL.._,,,, ' , 1111 s— Q IPI1II Iu1 h!'1.4-,1 n 1L u44 l tail € n iririr i�PP OP i�A: PPP ilio z �' „ z rhhhhh rhrhrh rhhh 0 0 I— it 11111 i- 4 11 d > > w 1 w § E .J r a 111 HI I. V $ a = 4 al ° u, . +9I�H W(IWIXVW C Q PROPOSED BUILDING ELEVATIONS WILLIAM FELTS Agenda Item 5 Page 12 V: - /..t yO J,. F OURNPS1O .,i( e i I BEACH as Sca ,e William Felts - LandTech Resources, Inc. ._�- i, y >75 n B2 -1 - o ROP° \. \.,\,_. , B2 k\ _ 1.1,,SK1N L i 11. 1 r ! --'--. a t( ' APZ ' , '� �w ., o — ,/,..<7\ 612 \.. 1 L ' ' rage �� _ 4 -4,--- , ___, ,,_____ >75 dB !-, , . IA $ /s s+.a rte ' Al A18:::) l r I c APZ 1 r`�C 1 __, F-------, ._ n C\ .C, 'Zoning with Conditions Proffers,open Space Promotion UP for Motor Vehicle Rental ZONING HISTORY # DATE REQUEST ACTION 1 05/05/2015 Conditional Use Permit(Craft Brewery) Granted 2 10/01/2014 MOD Granted 09/10/2002 Conditional Use Permit & Modification (Motor Granted Vehicle Sales &Service) 3 12/01/2004 Conditional Use Permit(Motor Vehicle Rental & Granted Bulk Storage) 4 05/28/2002 Conditional Use Permit(Fuel Sales) Granted 5 12/10/2002 Conditional Use Permit(Mini-Storage) Granted I _ 6 05/09/2000 Conditional Use Permit(Motor Vehicle Sales) Granted WILLIAM FELTS Agenda Item 5 Page 13 AB Viig nie Br:Irk DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning i — Appeals Encroachment Request Rezoning i Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or :( ?c1fY USI 0 LY/ rr.t_s.. n `----.�._. - -- - -- — — t + Page 1 of 4 A _A .'t 'o.ct,') • rt ACM t, i .. O .:C-H. .:n AS c- f , I L DZI r_ I''`ran Si. I.t. " 6/26/15 DISCLOSURE STATEMENT WILLIAM FELTS Agenda Item 5 Page 14 Virginia Brach other unincorporated organization,AND THEN,complete the following (A) List the Applicant's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary)ecessary) .kcAw) thLc J Te ii kcso ces kyle. Ell Ejerpr;s 1oU:vlcc , (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 ,r.. SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is Aifferentfrom Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. g Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) (ei (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT WILLIAM FELTS Agenda Item 5 Page 15 AB Virginia Beach 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 CO one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Govemment Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) nAccounting and/or preparer of f I your tax return 1' CI Architect/Landscape Architect/ r1a I1Cw G at4 A.dv I_ , Land Planner °� LLC Contract Purchaser(if other than ElM the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n r purchaser of the subject property l�� (identify purchaser(s)and purchaser's service providers) EConstruction Contractors not known yet ElEngineers/Surveyors f17aJ, nesoArut Jr)Cr The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may yote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT WILLIAM FELTS Agenda Item 5 Page 16 I Financing(include current _.- ---- --_ mortgage holders and lenders selected or being considered to i provide financing for acquisition ior construction of the property) El i Legal Services �y Real Estate Brokers 1 Agents for (-l (latent and anticipated future sales of the subject property ' • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Nr an interest in the subject land or any proposed development contingent on the subject public action? If yes what is the name of the official or employee and what is the nature or thr interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement I nun is 'complete.true,and accurate I underst2nd that. upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided I herein two weeks prior to the Planning Commission. Council, VBDA meeting, or meetmr of an ,public b committee in connection with this Application _ _ G_...----- -- --- l�"—`re3��S Ff—rc e/11f5 APPLAANr t EK,N. Jet PRINT NAME DATE I `rowsre S s!GNAT Pa•'EPTv URf PRINT\'AMF. -�—��--—-- ,FATE -�— the orsclosu-es e<;-ria'^eC'.ni this formare net.essart l0;nf Or n':(; P'ir Page 4 01 4 •:Ihr.ais::hc.may s-w,or.the aoisi is,or as tC w!,ethrr nl•e.r,a•.r n Co.,;.n DISCLOSURE STATEMENT WILLIAM FELTS Agenda Item 5 Page 17 Item #5 William Felts Conditional Use Permit 1845 Laskin Road District 6 Beach June 10,2015 CONSENT An application of William Felts for a Conditional Use Permit (Motor Vehicle Rental) on property located at 1845 Laskin Road, District 6, Beach. GPIN: 24075788800000. CONDITIONS 1. The site shall be developed substantially in conformance with the concept plan entitled, "Site Plan of 1845 Laskin Road, Enterprise Rent-A-Car," prepared by LRI, Inc., dated April 1, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The building shall be developed substantially in conformance with the elevations and renderings entitled, "Laskin Road Rental Office, Sheets 1-3," prepared by Matthew G. Burton Architect, LLC, dated May 6, 2015,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. A sidewalk, minimum width of five feet, shall be installed along the entire Laskin Road frontage of the property. 4. Consistent with the Public Works Specifications and Standards,the entrance radii shall be decreased from 25 feet to 15 feet, or as otherwise approved by the Department of Public Works during final site plan review. 5. Crosswalks created with brick pavers,stamped concrete with infused color, or other durable material that differentiates the crosswalk from the driveway and parking lot material shall be installed across the driveway entrance and connect the handicapped space to the building entrance. Stamped asphalt shall not be permitted. 6. A photometric plan shall be submitted for review during detailed site plan review. The plan shall include the location of all poles and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture.All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America.The plan shall include provisions for implementing low-level security lighting for non-business hours. 7. Any freestanding sign shall be monument style and shall be constructed of building materials and a color scheme consistent with the building identified in Condition 2.The height of said sign shall be limited to eight (8)feet.A separate permit shall be obtained from the Planning Department, Zoning Division for all signage on the building and on the site. Item#5 William Felts Page 2 A motion was made by Commissioner Thornton and seconded by Commissioner Brockwell to approve item 5. AYE 10 NAY ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL ABS WEINER AYE By a vote of 10-0,with the abstention so noted,the Commission approved item 5 by consent. Gary Thomas appeared before the Commission on behalf of the applicant. W __, z i a.o ® cu ' ip < v D _, � o Q. azo � • I 4 o = � o r C _ QZ � z, I r— y 1 o � z o U CD 0 Q \ CD•ti Nr L NAGE SL \ \ BRAVES TRLMil ,---=---.1 v..1.,---- \t -Ge1A--L.,_____::::_:....v —R ° ..- ' 4"o ARR1A rcn 1� .‘-; o 4 RS / =, \ m 1 v, o t' �o oti o CL LYNNHAVEN PW 0> !p a u1 t SENRQ Ql s CO 6 Q- ui NT p a 1.1.1aoe' C U a ti�� a)co , s'al^vow3soa J (..-- .,„ ,. ..._ ,, , _ r.:, ./.. ,....„..„.,......, ,.......... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution authorizing a limited waiver of the height restriction on property located on South Lynnhaven Road (GPIN 1496-27-7044), consisting of approximately 3.14 acres. MEETING DATE: July 14, 2015 • Background: JLB Property Associates, LLC ("JLB") is the owner of a vacant parcel of land, consisting of 3.14 acres, located on South Lynnhaven Road known as GPIN: 1496-27-7044 (the "Property"). The Property is subject to a height restriction pursuant to a Total Site Agreement dated December 8, 1978, that states no building, structure or other improvement exceeding twenty (20') feet in height may be permitted in a 200' by 200' area of the Property. Happy Boxes Lynnhaven, L.L.C. ("Happy Boxes") wishes to construct a self-storage facility on the Property that would exceed the height restriction. While the City was not a party to the initial agreement, the title company for JLB requires that the City sign off on the waiver of the height restriction, along with other adjacent property owners, because the City owns property used for stormwater ponds (GPINs: 1496-26-7683, 1496-46-8646 and 1496-45-9226) and the Lynnhaven Mall Ring Road, which were acquired from one of the parties to the Agreement. Happy Boxes has asked the City to join in waiving the height restriction for the Property in order to construct its building. All other restrictions affecting the Property will remain in full force and effect. • Considerations: The waiver of the height restriction on the Property will not affect the City's operation and maintenance of the stormwater ponds or the Ring Road. The existing height restriction is unrelated to the Navy/City AICUZ Program and has no impact on those program provisions. Happy Boxes has applied for a conditional use permit for the development, which will be handled by a separate item on the City Council agenda. • Public Information: Advertisement of City Council Agenda. • Alternatives: Deny the request. • Recommendations: Approval 1 II • Attachments: Resolution, Limited Waiver of Restrictive Covenant, Location Map and Disclosure Statement Recommended Action: Approval Submitting De rtment/Agenc : City Manager City Manager: 1 A RESOLUTION AUTHORIZING A LIMITED 2 WAIVER OF THE HEIGHT RESTRICTION ON 3 PROPERTY LOCATED ON SOUTH LYNNHAVEN 4 ROAD (GPIN 1496-27-7044), CONSISTING OF 5 APPROXIMATELY 3.14 ACRES 6 7 WHEREAS, JLB Property Associates, LLC ("JLB") is the owner of a 8 vacant parcel of land, consisting of 3.14 acres, located on South Lynnhaven Road 9 known as GPIN: 1496-27-7044 (the "Property"); 10 11 WHEREAS, the Property is subject to a height restriction pursuant to a 12 Total Site Agreement dated December 8, 1978, that states no building, structure or 13 other improvement exceeding twenty (20') feet in height may be permitted in a 200' x 14 200' area of the Property; 15 16 WHEREAS, Happy Boxes Lynnhaven, L.L.C. ("Happy Boxes") wishes to 17 construct a self-storage facility on the restricted area of the Property that would exceed 18 the height restriction; 19 20 WHEREAS, the City was not a party to the initial agreement, but the City 21 must sign off on the waiver of the height restriction because it later acquired portions of 22 the adjacent property that are used for stormwater ponds (GPINs: 1496-26-7683, 1496- 23 46-8646 and 1496-45-9226) and the Lynnhaven Mall Ring Road, a public right-of-way. 24 JLB has asked the City to join in waiving the height restriction for the Property in order 25 to allow construction of the Happy Boxes development; 26 27 WHEREAS, all other restrictions affecting the Property will remain in full 28 force and effect; and 29 30 WHEREAS, the City Council is of the opinion that authorizing the limited 31 waiver of the height restriction on the Property would be in the best interests of the City. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 36 1. That the City Council hereby authorizes the City Manager to execute a 37 limited waiver in substantially the same form as the "Limited Waiver of Restrictive 38 Covenants Contained in Total Site Agreement in Deed Book 1856, Page 335," attached 39 hereto as Exhibit A and made a part hereof, so long as the owner and developer of the 40 Property comply with all necessary rules and regulations and obtain all necessary 41 permits to build and operate a self-storage facility; 42 43 2. That except for the waiver of the height restriction authorized herein, all 44 other restrictions, limitations, and terms of the Total Site Agreement shall continue and 45 shall remain in full force and effect; and 46 4 7 3. That the City Manager is hereby authorized to execute any documents 48 necessary to grant such waiver as may be consistent with this Resolution and 4 9 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 50 51 This ordinance shall be effective from the date of its adoption. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 54 day of , 2015. CA 13222 R-1 6/8/15 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d003\p020\00211085.doc APPROVED AS TO CONTENT Cit a er APPROVED AS TO LEGAL SUFFICIENCY City Attorney's(01-)c ice Prepared by and Return to: Alyssa C. Embree, Esq. Williams Mullen 999 Waterside Drive, Suite 1700 Norfolk, Virginia 23510 GPM: 14962770440000 LIMITED WAIVER OF RESTRICTIVE COVENANTS CONTAINED IN TOTAL SITE AGREEMENT IN DEED BOOK 1856, PAGE 335 THIS LIMITED WAIVER OF RESTRICTIVE COVENANTS CONTAINED IN TOTAL SITE AGREEMENT ("Waiver") is made as of this day of , 2015, by and among THE CITY OF VIRGINIA BEACH ("City"), LYNNHAVEN MALL, L.L.C., a Delaware limited liability company ("Mall"), JLP-LYNNHAVEN VA LLC, a Virginia limited liability company ("JLP-Lynnhaven") LYNNHAVEN SPE, LLC, a Delaware limited liability company ("Lynnhaven SPE"), and BARTON LYNNHAVEN, LLC, a Delaware limited liability company ("Barton"), in favor of JLB PROPERTY ASSOCIATES, L.L.C., a Virginia limited liability company ("JLB"), and its successors and assigns as owner of the Property, as hereinafter defined("Owner"). RECITALS: WHEREAS, JLB is the current owner of that certain parcel of unimproved land on S. Lynnhaven Road, Virginia Beach, Virginia (Parcel Tax ID No. 14962770440000), as more particularly described in Exhibit A attached hereto and made a part hereof(the "Property"); and WHEREAS, pursuant to Section 3(b) of the Total Site Agreement dated as of December 8, 1978 and recorded in Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 1856, Page 335 (the "Total Site Agreement"), no building, structure or other improvement exceeding twenty feet (20') in height may be constructed, erected or maintained in a two hundred foot (200') by two hundred foot (200') area of the Property (the"Height Restriction"); and WHEREAS, Owner wishes to construct a building (the "Proposed Building") on the Property that would exceed the Height Restriction; and WHEREAS, the Proposed Building is generally depicted on Exhibit B attached hereto and made a part hereof; and WHEREAS, pursuant to Section 3(f) of the Total Site Agreement, the restrictions of Section 3 of the Total Site Agreement may be released, rescinded or waived, in whole or in part, at any time and from time to time, by written instrument in recordable form executed by Developer, Trustee, and each and any Major Parcel Owner and each and any Major Parcel Lessee or Sublessee (as each term is defined in the Total Site Agreement); and 28261480 WHEREAS, Mall is the successor in interest to Trustee, the City and Mall are the successors in interest to Developer, and JLP-Lynnhaven, Lynnhaven SPE and Barton are Major Parcel Owners. There are no Major Parcel Lessees or Sublessees; and WHEREAS, the City, Mall, JLP-Lynnhaven, Lynnhaven SPE and Barton are the proper signatories to this Waiver under Section 3(f) of the Total Site Agreement and have agreed to irrevocably waive the Height Restriction on the Property pursuant to Section 3(f) of the Total Site Agreement, as provided herein. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, City, Mall, JLP-Lynnhaven, Lynnhaven SPE and Barton hereby agree and confirm to JLB as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. Mall, City, JLP-Lynnhaven, Lynnhaven SPE and Barton hereby waive the Height Restriction on the Property, and agree not to enforce, pursue or exercise any of the remedies to which they might otherwise be entitled under the Total Site Agreement in connection with the Height Restriction with respect to, but only with respect to, the Proposed Building, provided that the Proposed Building, as constructed, is substantially as shown in Exhibit B with a height not greater than shown on Exhibit B. The Height Restriction otherwise shall be unimpaired by this Waiver and shall remain in full force and effect. Any improvement constructed on the Property other than the Proposed Building and any modification of the Proposed Building shall remain subject to all of the provisions of the Total Site Agreement and all of City, Mall, JLP- Lynnhaven, Lynnhaven SPE and Barton's rights thereunder, including the Height Restriction. 3. City, Mall, JLP-Lynnhaven, Lynnhaven SPE and Barton hereby certify that each party has the power to execute and deliver this Waiver and to grant the releases, waivers and consents herein provided, with knowledge that this Waiver is being relied upon in connection with the sale by JLB to a future Owner of the Property. 4. This Waiver shall remain in full force and effect for as long as the Total Site Agreement is in effect, shall run with the land, and will not terminate upon the sale of the Property by JLB or any subsequent owner of the Property, and shall inure to the benefit of all Owners of the Property. [SIGNATURE PAGES FOLLOW] 2 IN WITNESS WHEREOF,the parties have executed this Release on the day and year first above written. THE CITY OF VIRGINIA BEACH By: Name: Its: COMMONWEALTH OF VIRGINIA COUNTY/CITY OF The foregoing instrument was acknowledged before me this day of 2015, by , as of The City of Virginia Beach, who (check one) [ ] is personally known to me or [ ] produced a state issued driver's license as identification. Notary Public My commission expires: Registration Number: [AFFIX NOTARY SEAL] APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney 3 LYNNHAVEN MALL L.L.C., a Delaware limited liability company By: General Growth Properties, Inc., a Delaware corporation,its By: Name: Its: STATE OF COUNTY/CITY OF The foregoing instrument was acknowledged before me this day of 2015, by , as of General Growth Properties, Inc., a Delaware corporation, of Lynnhaven Mall, L.L.C., a Delaware limited liability company, who (check one) [ ] is personally known to me or [ ] produced a state issued driver's license as identification. Notary Public My commission expires: Registration Number: [AFFIX NOTARY SEAL] 4 JLP-LYNNHAVEN VA LLC, a Virginia limited liability company By: Name: Its: STATE OF COUNTY/CITY OF The foregoing instrument was acknowledged before me this day of 2015, by , as of JLP-Lynnhaven VA, LLC, a Virginia limited liability company, who (check one) [ ] is personally known to me or [ ] produced a state issued driver's license as identification. Notary Public My commission expires: Registration Number: [AFFIX NOTARY SEAL] S LYNNHAVEN SPE, LLC, a Delaware limited liability company By: FUND/CGR LYNNHAVEN, LLC, a North Carolina limited liability company,its sole member By: STEVEN D. BELL & COMPANY, a North Carolina corporation, its administrative member By: Name: Its: STATE OF COUNTY/CITY OF The foregoing instrument was acknowledged before me this day of 2015, by , as of Steven D. Bell & Company, a North Carolina corporation, as Administrative Member of Fund/CGR Lynnhaven, LLC, a North Carolina limited liability company, as sole member of Lynnhaven SPE, LLC, a Delaware limited liability company, on behalf of the company, who (check one) [ ] is personally known to me or [ ] produced a state issued driver's license as identification. Notary Public My commission expires: Registration Number: [AFFIX NOTARY SEAL] 6 I I BARTON LYNNHAYEN, LLC, a Delaware limited liability company By: Name: Its: STATE OF COUNTY/CITY OF The foregoing instrument was acknowledged before me this day of 2015, by , as of Barton Lynnhaven, LLC, a Delaware limited liability company, who (check one) [ ] is personally known to me or [ ] produced a state issued driver's license as identification. Notary Public My commission expires: Registration Number: [AFFIX NOTARY SEAL] 7 EXHIBIT A Legal Description ALL THAT certain lot, piece or parcel of land, together with all buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "COMMERCIAL RESIDUAL NO. 4" on that certain plat entitled "SUBDIVISION OF PARCEL A-3 AS SHOWN IN M.B. 163, PG. 4 FOR BARBARA S. FELDMAN, EDWARD S. STEIN, ARTHUR H. STEIN, ROBERT S. STEIN, LYNNHAVEN AND PRINCESS ANNE BOROUGHS, VIRGINIA BEACH, VIRGINIA", Scale: 1" = 100', dated December 14, 1984, made by Langley and McDonald, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2392, at page 1096. IT BEING the same property which was conveyed to JLB Property Associates, L.L.C., a Virginia limited liability company, by deed from Cineback Associates, L.L.C., a Virginia limited liability company, formerly known as Cineback Associates, L.P., a Virginia limited partnership, dated October 14, 2009 and recorded October 15, 2009 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20091015001209060. 8 EXHIBIT B Proposed Building 9 I 11 <U W I- S :K..7 .1—b v m t-� 2 w p<< < O LL ` W N LL LL = y, J=V 2 5 F �a W z=a °� a at 's zo a6 v g W WLLo uz —J �- o L< 6 2-,s, <m o< o t u u0� z— 1'--- o <=ry V Z ^� V W°u] Ua O^ o a .aifH0 v~iZ u m Mao z^ � M e _mida a o h 2 W z w ¢� 61 o m r 0 p e U� EE Pae s 2 u G Z 2 z o g W pi ;A uQ r s r < O. < < = z a 4 Q VI W¢W a �cyc� 2 U O V 2 2 g WI 6 < S S ' > W J1 O 'y j[ 6' (nl a Or a m < OI a m m n a G R \\ \ a 1 ./ _1,f\.\::- \\ Y • • W }� 'r .1 \�A\�\ u,<o \ \ o o "°' f \ \\ zz c) \ \ \-• \ \\\\,.,\. IOlt — ' \ / ► ,` Awa' _ = / / w _.. ill az —, w °w $5 n t b rt r N �► Xao S SoUTN 1 Y1sINNAV6� Oct PO W V N - J 0 0 a' /-r= O0 \-Z 0< o 2 cc W co m H J nwa...,.....o,,omr,row a..v,s•..r....>....,,.,w.,.,w a...w.«nw.....>v..:,.vw.-.rmoo a„•,e w.n..raw.o...�srr - n.u.m.o,ryu w.vrr.a,ax v.o..sc eww.:n.....a w r----1 _- L __._ 1 Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board o • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 5-1 Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: a REVISIONS SUBMITTED DATE: INB Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Happy Boxes Lynnhaven, LLC: Happy Boxes, LLC - Sole Member Happy Boxes, LLC: J. Christoper Perry, Manager, Brandon Perry, Manager, & Robert G. Gurnee, Manager. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Suburban Management Group, Inc. See next page for information pertaining to footnotes/ and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) JLB Propert Associates, LLC: Larry Hill, Managing Member, Robert Johnson, Member, and Jack Schoch, Member (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. NAB04,4 Virginia Beach 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 (ill) 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. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return ® Architect/ Landscape Architect/ Lindsey Architecture Land Planner © Contract Purchaser(if other than 111 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ElConstruction Contractors Dow Construction EjEngineers/Surveyors Martin Engineering The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Vi3 Virginia Beach Financing (include current C a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I C Legal Services Willams Mullen I Real Estate Brokers /Agents for CBRE Hampton Roads,Thalhimer nn current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION:_ ____r_—__.___..,—__.__ _ I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. �J Robert G. Gurnee "Oh5 A PCICANT'S SIGNATURE PRINT NAME DATE { Larry Hili PROP N S IC ATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I cd ALII 114 ,)) 1 /..':/ 4t4). 4.1) — o N CO 7 o m s f ty O Lam' +i` _ M.. ett — f 'li � a = "mun t . A. I. 10 II \ -40), Clire – — ------_______L _______ _ ----- 1 -,_..,._______ ,,i .__... _.__ c-^.„_ _ r ,,..4 I, N., N , , gl, , • , _-_-_,„ cvs , --,_ _,.. . . I „..... .• ..., % _____, ts. ,,i,,,_, ., . .• N Rp , AA‘le. mil z ----- 0. �� - ANN 0 S•vT 1 cr iM i:1. c 1Six SS ASS S L . I p GE f ---1 . 1-L. a / . p ro a. 4'V ( / p�.-' 4111(111 1 I j o S:,..--'''.- 44104 Cil ° Ui ,...\„,..., ...:::::::,...„_:7_,..„„ \\,...---N-1-,,•:::- L. 411'411.1 '! rilet - -10.1 Ill r r o J – -- - Z----; Li L.'i___ ....- ?ti • W o n 3 OAC � o `' N CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HAPPY BOXES LYNNHAVEN, LLC (Applicant) / JLB PROPERTY ASSOCIATES, LLC (Owner), Conditional Use Permit (Self-Storage Facility). East side of S. Lynnhaven Road, approximately 900 feet south of Sabre Street (GPIN 1496277044). COUNCIL DISTRICT— ROSE HALL. MEETING DATE: July 14, 2015 ■ Background: The subject site is part of the Lynnhaven North Shopping Center, and is a 1.79- acre portion of a 3.15-acre parcel. The site is flat, grassy, and undeveloped. A partially landscaped berm extends along the west lot line, to the north is a surface parking lot used by the shopping center, and to the east is American Indoor Karting. The site is zoned B-2 Business District and is located within the Greater than 75 dB DNL AICUZ. The applicant proposes to develop the site for an enclosed self-storage facility, which requires a Conditional Use Permit. is Considerations: The proposed structure will be three stories and 108,000 square feet in area (36,000 SF footprint). The exterior of the building is designed similarly to a large- scale office building. The northwest corner will have a three-story glass façade to clearly direct customers to the front desk area. The remaining façade area is designed with horizontal banding and recessed and projected planes to break up the mass of the building. Vehicular ingress and egress from South Lynnhaven Road is proposed in the southwest corner of the site. Vehicles will also be able to access the site from the north, by turning into the shopping center entrance. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. With the exception of Condition 3 below, the site shall be developed substantially in conformance with the exhibit titled, "CONDTIONAL USE PERMIT APPLICATION," prepared for "HAPPY BOXES LYNNHAVEN, HAPPY BOXES LYNNHAVEN Page 2 of 2 LLC," by Martin Engineering, and dated 03/30/15. 2. The buildings shall be developed substantially in conformance with the architectural elevations and perspectives titled, "Happy Boxes SELF STORAGE, South Lynnhaven Road," as prepared by Lindsey Architecture, and dated March 31, 2015. 3. The proposed landscape screening shown on the exhibit referenced in Condition 1 shall extend to the proposed vehicle entrance to the south such that the recessed loading area is screened from South Lynnhaven Road. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen ;;�V City Manager: !< • � , I II I 11 ROSE HALL UH mak Happy Boxes Lynnhaven,LLC 9 kn 11 l,i__:_ -- R7 June 10, 2015 Public Hearing f, B2 r 82 • ti _, APZ 2 APPLICANT: >75``1BLdn - HAPPY BOXES ,p B2 I32 a 3 = LYNNHAVEN, L.L.C. o T _— W. PROPERTY OWNER: 7---\ JLB PROPERTY w.K B2 Rye dB Ldn ASSOCIATES, LLC •lowing aft Cooaso..vAn«..Opo.Spare Promotion CUP for Self-Storage STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit for Mini-Warehouse/Self-Storage ADDRESS/ DESCRIPTION: Southeast Corner of S. Lynnhaven and North Mall Drives GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14962770440000 ROSE HALL 1.79 acres Greater than 75 dB DNL $ • BACKGROUND / DETAILS OF PROPOSAL Request The applicant is proposing to develop and use the site for an enclosed self-storage facility. The site is zoned B-2 Community Business District; within this district, the proposed use requires a Conditional Use Permit for Mini-Warehouse. Site As shown on the submitted site exhibit, the subject site is part of the Lynnhaven North Shopping Center, and is a 1.79 acre portion of a 3.15 acre parcel. The site is flat, grassy, and undeveloped. A partially landscaped berm extends along the west lot line, to the north is a surface parking lot used by the shopping center, the east is American Indoor Karting, and to the south there is a stand of trees and a storm water pond. Additionally, the site is located in an area with a Day-Night Average Sound Level of greater than 75 decibels. HAPPY BOXES LYNNHAVEN, L.L.C. Agenda Item 9 Page 1 Proposal The proposed structure will be three stories and 108,000 square feet in area. The building will have a 36,000 square-foot footprint, and be situated approximately 15 feet from the east lot line and 10 feet from the south lot line. To the west of the building will be a recessed loading area which will have two cantilevered loading canopies. The exterior of the building is designed similarly to a large-scale office building. The northwest corner will have a three-story glass façade to clearly direct customers to the front desk area. The remaining façade area is designed with horizontal banding and recessed and projected planes to break up the mass of the building.While the center of the western façade steps back 59 feet to accommodate an outdoor loading area, no exterior garage doors are proposed. All storage units are climate controlled and accessed from the interior of the building. Vehicular ingress and egress from South Lynnhaven Road is proposed in the southwest corner of the site. Vehicles will also be able to access the site from the north, by turning into the shopping center entrance Braves Trail and continuing to the south through the existing adjacent parking lot. Eleven parking spaces will be provided between the building and the existing berm; said parking spaces will be screened from South Lynnhaven Road with landscaping. • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped vacant land/ B-2 Community Business District SURROUNDING LAND North: • Shopping Center / B-2 Community Business District USE AND ZONING: South: • Vacant, vegetation and stormwater, /B-2 Community Business District East: • Shopping Center/B-2 Community Business District West: • South Lynnhaven Road Brookwood Elementary School/ B-2 Community Business District NATURAL RESOURCE AND There do not appear to be any culturally significant natural or CULTURAL FEATURES: cultural features located on this site. COMPREHENSIVE PLAN: The Conditional Use Permit request for a self-storage facility is generally consistent with the Comprehensive Plan's land use policies for SEGA 2 - West Oceana with regard to adhering to the City's AICUZ provisions and reinforcing commercial uses that are compatible with the surrounding area. • IMPACT ON CITY SERVICES TRAFFIC: HAPPY BOXES LYNNHAVEN, L.L.C. Agenda Item 9 Pace 2 Street Name Present Present Capacity Generated Traffic Volume South Lynnhaven Road 15,700 ADT ' 22(LOS ADD") Existing Land Use3—0 ADT Proposed Land Use 270 ADT 'Average Daily Trips 2 as defined by an undeveloped parcel 3 as defined by 108,000 SF self-storage mini-warehouse 4 LOS=Level of Service 4 0 EVALUATION AND RECOMMENDATION The subject site is zoned B-2 Community Business District, the proposed use of an interior self-storage facility requires a Conditional Use Permit for Mini-Warehouse. Further, the use of Warehouse and Storage is an allowed use within the subject noise zone of Greater than 75 dB DNL. The proposed use of the site is compatible with the surrounding development and existing uses. The scale of the building is consistent with large commercial uses allowed in the B-2 District. To reflect the retail use of the adjacent shopping center, the design of the building incorporates a large glass entrance and covered pedestrian entrances, and avoids the use of garage doors. The proposed parking spaces are screened with landscaping from South Lynnhaven Road. Considering that the recessed loading area will operate very similarly to a parking lot, it is staffs recommendation that the proposed landscape screening should extend to the proposed vehicular entrance to the south such that the recessed loading area is also screened from South Lynnhaven Road. This recommendation is also supported by the Comprehensive Plan. Although the proposed use does not generate enough vehicular traffic to warrant a left turn lane on South Lynnhaven Road, the applicant has called out a "PROPOSED STRIPED LEFT TURN AREA."This area is currently the gored-out residual from creating the left-turn lane to Brookwood Elementary and does not appear large enough to contain a turn lane. To use the proposed left turn area, the applicant's consultant must show how an acceptable storage and taper length can be striped in this area during site plan review. For the reasons above, as well as the consistency of the proposal with the Comprehensive Plan, Staff recommends approval of this request with the conditions below. 4 CONDITIONS 1. With the exception of Condition 3 below, the site shall be developed substantially in conformance with the exhibit titled, "CONDTIONAL USE PERMIT APPLICATION," prepared for "HAPPY BOXES LYNNHAVEN, LLC," by Martin Engineering, and dated 03/30/15. HAPPY BOXES LYNNHAVEN, Agenda Item 9 Page 3 I II 2. The buildings shall be developed substantially in conformance with the architectural elevations and perspectives titled, "Happy Boxes SELF STORAGE, South Lynnhaven Road," as prepared by Lindsey Architecture, and dated March 31, 2015. 3. The proposed landscape screening shown on the exhibit referenced in Condition 1 shall extend to the proposed vehicle entrance to the south such that the recessed loading area is screened from South Lynnhaven Road. NOTE:Further conditions maybe required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. HAPPY BOXES LYNNHAVEN, L. .C. Agenda Item 9 Page 4 ' >ir W A I -4 0 WEI 4 i J r r` S I � 4!111 . . .. . yti I M ;:,:.17 ' j N ; • 'i '''4 V . i. .010, \ /-.fi • r/I i} i A", , '.-.;, , s. - 44..---...r.v.,. .„:„:;„_„:.:, _16 ,, , ._ - _ •fri ,- ., ...„ :_. \- v • , i_ ,, . -, ,.. ,,, . .,. -.,. • -41' / ..1' /4 1 N; r'. -7- '!. '.-..' -. - �. ii,,tcJ r �M1' VP 1 r \‘‘,..,V It::-:' : ' i ti C. w • y 'S` � , AERIAL OF SITE LOCATION HAPPY BOXES LYNNHAVEN, L.L.C. Agenda Item 9 Page 5 ,A s lfl� r, vNt"»n Dr.vni'Nn, St INA •t wptn iw S 1 Bul.aaufBu3 .�.P S�t , uoonnsuol � •. .t\ 1 JOj lOU-6u!MEJP . .v .......-:,.. uNwaW 71' tn�i11=11=svt.��w nin M...Nv�n Ill N3ntJHNNAI S3XO8 AddVH AJEu,wiiaid NOIJ VJnddV 1Iwa3d 3S111VNOLLICNO),- 41` j t ° ,_ =' .3 1 3 3 K is 4 s g;', :.4 �---- t d o g $ a Qg tt zO x i Q = _F i ,13E ' y t c 1 _ H o - k g L gi 5 5 ✓E - i s $ e Y m y im , 1 Lr— q wg< kb pap" i'lLL X08 - ‘ V III Iilllto L im - i � X,` - 1 16 4 \\ \\ Wn BS f a $ IIII 111 €i .. �. - _ a SOONtNNAVEPOM 2,U 13111011 ----j 5 ,YI W SSWe i $o :€ 'a x z p8 O= i!,,,; i O< e Oa Oz ��W O W =Q PROPOSED SITE PLAN HAPPY BOXES LYNNHAVEN, L.L.C. Agenda Item 9 Page 6 } R Fr' 1 if� - -r` ,-r . }; F ,. Rj - ,,M _ - ,:_a if iii i Air J ELEVATION DRAWINGS OF PROPOSED BUILDING HAPPY BOXES LYNNHAVEN, L.L.C. Agenda Item 9 Page 7 LYNNHAVEN Ma►, fu-R Happy Boxes Lynnhaven, LLC PO, I1 11 ; X27.5 B2 _-, 132 APZ2 >75IB 1 s 62- zZ B2 7/4 z B2 4 00, .---.. �► pNts,.UNAV! B2 R7.5 (IBLlln Toning with Condihons,Prollers.Open Space Promotion CUP for Mini-warehouse Self-stor; ZONING HISTORY # DATE REQUEST ACTION 1 06-23-2009 Conditional Use Permit (Indoor Recreation) Approved 2 06-12-2007 Modification to a Use Permit (Mini-Warehouse) Approved HAPPY BOXES LYNNHAVEN, L.L.C. Agenda Item 9 Page 8 11 1 NB Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE O Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY EISF ONLY/o Cil,('- :!;C!.Ir.,'5I by t bcu;ed n ,.' v tce4 �.:o 1,t, Page 1 of 4 I iaonir.n(()I,1.111, 1.'1 and I. Council nicetinc that peitalns IC the Culicauor.+ O APPLICANT NOTIFIED OF HEARING O NO CHANGES AS OI UH'I 0 RI VISIONC SUERITI ED Di,'E DISCLOSURE STATEMENT HAPPY BOXES LYNNHAVEN, L.L.C. Agenda Item 9 Page 9 Virginia Beach other unincorporated organization, AND THEN,complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Happy Boxes Lynnhaven, LLC: Happy Boxes, LLC-Sole Member (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Suburban Management Group, Inc. See next page for information pertaining to footnotest and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) JLB Propert Associates, LLC: Larry Hill, Managing Member, Robert Johnson, Member, and Jack Schoch, Member (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 DISCLOSURE STATEMENT HAPPY BOXES LYNNHAVEN, L.L.C. Agenda Item 9 Page 10 Virginia Beach "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. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) E ® Accounting and/or preparer of your tax return El Architect/Landscape Architect/ Lindsey Architecture Land Planner ❑ Contract Purchaser(if other than © the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 111 ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors Dow Construction • nEngineers/Surveyors Martin Engineering DISCLOSURE STATEMENT HAPPY BOXES LYNNHAVEN, L.L.C. Agenda Item 9 Page 11 Virginia Beach Financing(include current a M mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ZLegal Services Mame Mullen Real Estate Brokers/Agents for CBRE Hampton Roads:Thaihimer ncurrent and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Robert G.Gurnee �I�I A PCP ICANT'SCf7SIGNATURE PRINT NAME DATE Larry Hill PROP N S IG ATURE - PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict DISCLOSURE STATEMENT HAPPY BOXES LYNNHAVEN, Agenda Item Item-9 Page 12 Item#9 Happy Boxes Lynnhaven, L.L.C. Conditional Use Permit East side of S. Lynnhaven Road, approximately 900 feet south of Sabre Street District 3 Rose Hall June 10, 2015 CONSENT An application of Happy Boxes Lynnhaven, L.L.C.for a Conditional Use Permit for Mini-Warehouse/Self- Storage on property located on the Southeast Corner of S. Lynnhaven and North Mall Drives, District 3, Rose Hall. GPIN: 14962770440000. CONDITIONS 1. With the exception of Condition 3 below,the site shall be developed substantially in conformance with the exhibit titled, "CONDTIONAL USE PERMIT APPLICATION," prepared for"HAPPY BOXES LYNNHAVEN, LLC," by Martin Engineering, and dated 03/30/15. 2. The buildings shall be developed substantially in conformance with the architectural elevations and perspectives titled, "Happy Boxes SELF STORAGE, South Lynnhaven Road,"as prepared by Lindsey Architecture, and dated March 31, 2015. 3. The proposed landscape screening shown on the exhibit referenced in Condition 1 shall extend to the proposed vehicle entrance to the south such that the recessed loading area is screened from South Lynnhaven Road. A motion was made by Commissioner Thornton and seconded by Commissioner Brockwell to approve item 9. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0, the Commission approved item 9 by consent. Howard Gordon appeared before the Commission on behalf of the applicant. T* . C1 - .. C * (. * / �r • s C _....::40 .. t[7 p Xy-� L .�` ce ( �. ccID -: ! .*, 1 ♦.r t fU _ r l >; 1 CV C L ..• .3 Q t �/► a.r/I.4.0 � �� At `� ; M �f Q. V --- t' 'amt IM ti' it C4 • ..-) d le • / � Ay , ice.. ® ! "f ► x% S, p� a 4� ' c� `�` •...• . . siL I la / 0 ' , rk Ito • aC * 4. ►d 1 , o r , � 8 • N "{;t rYi `` v`, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PINEY GROVE BAPTIST CHURCH (Applicant), MILLARD F. REID, CHARLES FREDERICK REID, JACQUELINE S. PRATT (Owner), Conditional Use Permit (Expansion of a Religious Facility [church]), 2804 Holland Road and 2821 Bald Eagle Road (GPINs 1495500072, 1494590830, 1494496474, 1494498418, 1494497641, & 1494497720). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: July 14, 2015 • Background: Piney Grove Church was first established near the subject site in 1870 in a log cabin on one acre of ground. As membership grew over the years, new church buildings were constructed and the existing structure is the fourth Piney Grove Baptist Church. The church has outgrown the capacity of the existing 420 seat sanctuary and the 62 on-site, paved parking spaces. There is a nonconforming gravel parking area across Holland Road that can hold approximately 80 vehicles. Trained crossing guards direct traffic flow and assist pedestrians across Holland Road when this lot is used. During some church services, parking also overflows onto the public streets in the adjoining residential neighborhood to the east. Piney Grove Church recently purchased an additional 1.656 acres of property on the north side of the church building and desires to expand in order to comfortably accommodate membership and allow for moderate growth. This is a request to construct a church addition consisting of a 14,000 square foot sanctuary with 835 seats, 3,050 square feet of offices, a conference room and a reception area. Additional on-site parking is also proposed. Considerations: This Conditional Use Permit for an expansion was originally submitted by the church approximately one year ago and the church, City staff, and the neighborhood have been working to resolve issues, resulting in an improved proposal. At their June 10, 2015 public hearing, the Planning Commission was presented with a plan that showed the single-family dwelling owned by the church at 2821 Bald Eagle Road remaining in place. The church agreed to keep the dwelling and rent it for single-family use at the request of the neighborhood, which desired to retain residential use along Bald Eagle Road. This June 10th plan provided 181 parking spaces on the church site. I II PINEY GROVE BAPTIST CHURCH Page 2 of 8 The Planning Commission heard concerns from the adjoining neighborhood regarding church parking on the public streets and they heard from the City Traffic Engineer regarding safety issues generated by church attendees parking in the overflow lot on the west side of Holland Road. Holland Road is currently being upgraded to a 4-lane divided highway with a 45 mph speed limit at this location. After much deliberation, the Planning Commission recommended approval of the request by a vote of 10-1, subject to the dwelling at 2821 Bald Eagle Drive being removed, that the area be improved for additional church parking and screened with landscaping acceptable to the Planning Director. The Planning Commission requested that the church provide a new site plan prior to the City Council public hearing showing these changes. A revised site plan (`July 14th Plan') has been submitted that differs from the June 10th Plan (located on page 9 of the attached staff report) in the following ways: • The July 14th Plan has 250 parking spaces, 69 more spaces than the June 10th Plan. • The July 14th Plan increases the buffer along the northern and southern lot lines adjacent to residential use to 15' and clarifies that Category IV landscape plant material will be installed. The June 10th Plan had a 10' wide buffer at these locations. Landscape material will consist of a continuous evergreen hedge combined with deciduous trees. • The July 14th Plan includes a detailed landscape exhibit for the Bald Eagle Road frontage. A high quality 6' fence of treated wood is shown with a minimum 20' setback from the Bald Eagle Drive right-of-way. The variety of landscaping shown on the exterior of the fence, including large evergreen shrubs, flowering ornamental trees and flowering perennials, should provide an attractive screening buffer. The June 10th plan retained the existing dwelling along Bald Eagle Drive. • The July 14th Plan notes that the parking area along Bald Eagle Drive may consist of optional permeable paving. This alternative is under consideration by the church because some neighbors expressed a desire to see asphalt surface minimized. The cost of such an alternative is still being researched by the church. • The dumpster has been moved to a location directly behind the church building. • A maintenance gate is shown on the July 14th Plan in the fence along Bald Eagle Drive. Such a maintenance gate is required for a through lot by Section 201(e)5 of the City Zoning Ordinance. The June 10th Plan showed a fence with no connection to Bald Eagle Drive. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was opposition to the request. PINEY GROVE BAPTIST CHURCH Page 3 of 8 • Recommendations: The Planning Commission recommends approval of the revised site plan (July 14th Plan) by a recorded vote of 10 -1 subject to the following conditions: 1. The site shall be developed substantially in conformance with the site plan revised for the July 14, 2015 City Council meeting entitled, "Exhibit for Piney Grove Baptist Church, Virginia Beach, VA" by Site Improvement Associates, Inc., dated 4-17-15, with revisions dated 6-17-15. This plan shows 250 on-site parking spaces. 2. Landscape buffering and fencing along Bald Eagle Road shall substantially adhere to the submitted plan entitled, "Exhibit Showing Landscape for Piney Grove Baptist Church, Sheets 1 and 2 by Site Improvement Associates, dated June 26, 2015. Two changes to the plan are required. First, Aucuba or Camillia must be substituted for Heavenly Bamboo, which is an unacceptable invasive species. Second, the Chindo Viburnum must have a minimum height of 36" at installation, rather than 24" as shown. 3. The proposed church addition shall substantially adhere to the submitted architectural elevations entitled "Piney Grove Baptist Church," by Architectural Innovations. 4. A landscaped buffer with Category IV landscape screening is required between the church and adjacent residential uses as shown on the submitted site plan. No structures of any kind are permitted within this buffer area, except fences as shown on the plan. 5. The church shall provide positive drainage throughout the site such that all drainage does not impact adjoining residential lots to the east or north. 6. New mechanical equipment, including but not limited to, heating and cooling equipment and generators, shall not be located within 100' of an adjacent residential lot line. All mechanical equipment must be screened from ground level view. 7. The dumpster shall be screened and located as shown on the submitted site plan. 8. All lighting on the site shall be directed downward and not spill over onto adjoining residential lots. 9. Prior to issuance of a Building Permit for the additions, the church will work with the Zoning Administrator and Traffic Engineering to develop a plan to divert church traffic to the overflow lot across Holland Road when the on-site parking is full. The plan will provide for any signs needed to be fabricated in advance and an implementation strategy to include shuttle service across Holland Road. This plan shall be activated when construction of the addition commences. PINEY GROVE BAPTIST CHURCH Page 4 of 8 10. After a Building Permit has been issued for construction, the church will provide shuttle service across Holland Road whenever the parking lot on the west side of Holland Road is used. 11. After a Certificate of Occupancy has been issued for the new sanctuary, if more than 40 vehicles are parked on Bald Eagle Drive, Chestwood Drive or other neighborhood streets for three or more Sunday mornings in succession, excluding holiday services, the Church will work with the Zoning Administrator to minimize such off-site parking. Changes to church operations may include, but not be limited to the following: • Holding the first Sunday morning service at a later hour so more members will attend • Adding a service on a weeknight • Remote parking • Valet parking • Carpooling • Bus/van shuttle service 12. At no time shall both the new 835 seat sanctuary and the existing 420 seat sanctuary be used for services simultaneously. It is the intent of the church to repurpose the existing 420 seat sanctuary into classrooms and offices when funds are available. 13. The temporary structure currently housing the Day Watch program may be moved to the north side of the main church property and used until the expansion construction work has been completed. The portable building shall be removed from the site when construction is finished. 14. Interior property lines must be vacated and a no ingress/egress vehicular easement established along the Bald Eagle Road frontage prior to issuance of a building permit for the additions. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Revised Site Plan ('July 14th Plan') Bald Eagle Road Landscape Buffer Plan Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. 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Z "aa in cn o s D ,„, Z m mao ..,4' 'l, ' < 71 Z 0 `i ZJ n •Jig t D < :U X D o •'�,'. Mp Mc c D "l m "'--•::::1 Z a m t . } 0 s m • > . A ;i In it 0 rnNq CD D Z m co o _ r\) U, IC cry j, O TT O O a'•'•. N I N PRINCESS ANNE Nu!.II_I II Piney Grov�eZ Ba ntist -h,!1•?'�! B1 A• 'r-• R7s5 l� 1 O June 10, 2015 Public Hearing -71 0 ,� th�`L "' APPLICANT & PROPERTY RSo • P • OWNER: Rio*k4' PINEY GROVE `.=�� AG2 (S-7 < Rro ' HES � 1,11.• BAPTIST CHURCH nh tv,� s� C "oay ar.„ ,,o. R10 -rrW.r o.aow..r.ar.....ro•.,sM<.v�wb. CUP-Church-self standing STAFF PLANNER: Karen Lasley REQUEST: Conditional Use Permit(Expansion of a Religious Use [Church]) ADDRESS/ DESCRIPTION: 2804 Holland Road and 2821 Bald Eagle Road GPIN: ELECTION SITE SIZE: AICUZ: 1495500072, 1494590830, DISTRICT: East side of 65-70 dB DNL (Sub- 1494496474, 1494498418, PRINCESS Holland Road 3.59 acres Area 2) 1494497641, 1494497720 ANNE West side of Holland Road 1.36 acres 4 BACKGROUND / DETAILS OF PROPOSAL Background Piney Grove Church was first established near the subject site in 1870 on one acre of ground. As membership grew over the years, new church buildings were constructed and the existing structure is the fourth Piney Grove Baptist Church. A Conditional Use Permit was approved on April 11, 1988 for the existing church on 1.94 acres, and the Use Permit was modified in 2009 to add a portable classroom. The current church contains a 420-seat sanctuary, classrooms, a kitchen, and offices. Sunday services are held at 8:00 a.m. and 11:00 a.m. There are currently 62 paved parking spaces on the church site and a nonconforming gravel parking area across Holland Road that the church estimates can hold 80 vehicles. Trained crossing guards direct traffic flow and assist pedestrians across Holland Road on Sunday mornings. Piney Grove Baptist Church has outgrown the capacity of the sanctuary and the existing on-site parking. When cars cannot be accommodated on the church site, members park across Holland Road and on neighborhood streets. Piney Grove Baptist recently purchased an additional 1.656 acres of property on PINEY GROVE BAPTIST CHURCH Agenda Item 10 Page 1 the north side of the church building and desires to expand in order to comfortably accommodate membership and allow for moderate growth. Details Piney Grove Baptist Church is requesting a Conditional Use Permit to allow construction of an addition consisting of a 14,000 square foot sanctuary with 835 seats and 3,050 square feet of offices, a conference room and reception area. It is the intent of the church to repurpose the existing 420-seat sanctuary into classrooms and offices when funds are available. The church anticipates this being in approximately five to ten years. The proposed sanctuary will be 27'4"in height and will contain two floors of stadium-style seating.The front elevation of the proposed sanctuary is symmetrical in design and features a large glass entrance to serve as the focal point of the building and clearly identify the entrance. Exterior materials will include a mixture of ground and glazed-faced stone and cementious horizontal siding. Said materials are consistent with the existing church. The submitted site plan shows that a total of 181 on-site parking spaces will be provided. The City Zoning Ordinance requires a minimum of 167 spaces for the proposed 835 seat sanctuary. The church will also maintain the nonconforming gravel parking lot across Holland Road with room to park an estimated 80 vehicles. The church indicates that this overflow parking lot will only be needed on special occasions such as Christmas, Easter and Mother's Day services. In addition, the site plan includes the following features: • A 10-foot landscaped buffer with continuous vegetative evergreen plant material along the western and northern property lines where the site abuts residential uses. • An enclosed dumpster area with landscaped screening located at the rear of the site adjacent to 2821 Bald Eagle, which is a dwelling owned by the church. • Positive drainage is shown throughout the site so that stormwater will not drain towards existing adjacent homes. • The dwelling owned by the church at 2821 Bald Eagle Drive will remain in residential use. A six- foot fence is shown between the dwelling and the property that will be used for church parking. The church is proposing the installation of this fence to alleviate neighborhood concerns that the dwelling will be used for church activities. It is the church's intent to rent the home as a single- family dwelling. • A new vehicular entrance will be added on Chestwood Drive as far from the intersection with Holland Road as possible. 'No Parking' signs will be placed along Chestwood Drive to ensure good traffic flow and visibility. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: The east side of Holland Road contains the church building approved in 1988, a temporary modular building and 62 paved parking spaces. On the west side of Holland Road is a nonconforming gravel church parking lot and an historic church cemetery. SURROUNDING LAND North: • Single-family dwellings/ R-7.5 Residential District USE AND ZONING: South: • Chestwood Drive • Single-family dwellings/ R-10 Residential District PINEY GROVE BAPTIST CHURCH Agenda Item 10 Page 2 IV East: • Single-family dwellings/ R-10 Residential District • Wooded, undeveloped/AG-1 Agricultural District West: • Holland Road • Single-family dwellings/ R-7.5 Residential District NATURAL RESOURCE AND This vicinity has been the home of the Piney Grove Church since CULTURAL FEATURES: the early 1870s. The first Piney Grove Church was a log cabin built on one acre of property. Sunday School was started in 1872. As membership grew over the years, the church moved from the west side of Holland Road to the east side where larger church buildings were constructed. The existing church, dedicated in 1989, is the fourth Piney Grove Church structure in this vicinity. Some early church members are buried in the historic cemetery on the west side of Holland Road. COMPREHENSIVE PLAN: The Comprehensive Plan shows that this site is located within the Suburban Area where planning principles call for preserving and protecting the character and stability of residential neighborhoods. Although this application to expand the existing church is generally consistent with the Comprehensive Plan, the intensity of the expansion with regard to building design, parking and mobility are significant. The church has worked with the staff and the adjoining neighborhood to minimize traffic impact and provide landscape buffers. 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): The Comprehensive Plan's Master Transportation Plan and Major Street Network Ultimate Rights-of-Way classifies this section of Holland Road as a minor-arterial. This classification calls for a road design with an ultimate right-of-way width of up to 145 feet to provide four lanes, a shared use path and sidewalk, landscaped median, and curb and gutter. This portion of Holland Road is currently being widened to a four-lane suburban minor arterial with CIP Project 2.158 Holland Road Phase VI. The contractor was notified to proceed with construction on November 24, 2014. Utility relocation is ongoing, and construction on the roadway began in April 2015. Holland Road Phase VI is scheduled for completion by October 2017. TRAFFIC: Present Street Name Volume Present Capacity Generated Traffic Holland Road 14,400 ADT 1 15,000 ADT '(Level of Existing Land Use 2— Service"D")— 16,200 778 ADT ADT 1 (Level of Service Proposed Land Use 3 "E") — 1,544 'Average Daily Trips 2 as defined by total Sunday trips on published ITE trip generation rates for a 420 seat church 'as defined by to Sunday trip on published ITE trip generation rates for a 835 seat church PINEY GROVE BAPTIST CHURCH Agenda Item 10 Page 3 WATER: This site is currently connected to City water. Water service must be verified and improved, if necessary, so that the new buildings will have adequate water pressure and fire protection. SEWER: This site is currently connected to the public sewer system. Sanitary sewer service must be verified and improved, if necessary, so that the new buildings will have adequate sanitary sewer service. • • EVALUATION AND RECOMMENDATION Piney Grove Baptist Church is an important Virginia Beach religious institution with strong historic roots at this location. In recent decades, suburban single-family neighborhoods have developed around the Piney Grove Church site. Expansion plans include a new sanctuary that will increase seating capacity from 420 to 835. Currently, church parking overflows into the adjoining residential area and expansion plans generate concern regarding compatibility. The church, staff and neighborhood representatives have been working together to resolve issues with the following results: • The 1.656-acre parcel recently purchased by the church has frontage on both Holland Road and Bald Eagle Road. The property has a single-family dwelling facing Bald Eagle Road with single- family homes on either side. The plans initially submitted with this application showed the dwelling being used for church-related activities and future parking. In response to neighborhood concerns regarding intrusion of such institutional use directly into the neighborhood, the church has agreed to utilize the home for single-family use only and has shown on the plan a six-foot high fence and landscaping that will block access between the church and dwelling. • With the expansion, a continuous ten-foot wide evergreen landscape buffer will be provided between the church site and all adjoining residential lots. A buffer does not currently exist. • The rear portion of the church site currently drains toward the adjoining residential lots. The site will be regraded and positive drainage provided throughout the church site with the expansion. • All new mechanical equipment will be at least 100' from a residential lot line and screened from street level view in order to minimize noise impact. • All onsite lighting will be directed downward and away from adjoining residential uses. • The dumpster will be screened and located adjacent to the church owned dwelling at 2821 Bald Eagle Drive. • The capacity of the new sanctuary was reduced from 1,150 seats to 835 seats. • The architectural quality of the proposed addition was significantly improved. The original submittal was for a metal building with little architectural detail. The primary concern remaining is parking sufficiency and the impact of any overflow parking. Parking and traffic issues are summarized below: • Onsite parking will be increased from 62 improved spaces to 181 spaces.While this exceeds the minimum of 167 parking spaces required by the City Zoning Ordinance for the 835 seat PINEY GROVE BAPTIST CHURCH Agenda Item 10 Page 4 sanctuary, the Traffic Impact Analysis submitted by the applicant, as well as multiple attendance and vehicle counts taken by the church, produced an average parking ratio of approximately 1 parking space for every 2.5 attendees. • The submitted Traffic Impact Analysis(TIA) reports that after traffic stopped entering the church site on Sunday, September 28, 2014, there were 62 vehicles in the main church parking lot, 69 vehicles in the overflow parking lot, and 49 vehicles that used on-street parking on Chestwood Drive, Damascus Trail, and Bald Eagle Road. The TIA then states that, "The expansion of the existing parking area from 62 spaces to 181 spaces should satisfy the parking for the present attendance."The surrounding neighborhood is concerned that the proposed parking will not be sufficient once the church experiences growth. • The nonconforming gravel parking lot across Holland Road will remain, with an estimated capacity for 80 vehicles. Trained crossing guards will be provided when the overflow lot is used. With the Holland Road Phase VI improvements, Holland Road will be improved to a four-lane divided highway with a 45 mile per hour speed limit. The Department of Public Works/Traffic Engineering is concerned about pedestrians safely crossing four lanes of traffic. The church has responded to these concerns by agreeing to adjust programming and/or provide off-site shuttle service if the parking lot on the west side of Holland Road is needed on a regular basis. • After reviewing the Traffic Impact Analysis provided by the church, the City Traffic Engineer concludes that traffic flow will not be negatively impacted by the church expansion. Peak traffic volume for the church occurs on Sunday mornings when all other traffic volumes are low. • The church currently has two services on Sunday mornings in order to diffuse traffic and better accommodate attendance. If the impact of church attendance increases following the expansion to the point where church members are consistently parking on neighborhood streets or on the west side of Holland Road, the church will alter the service times to better meet parking needs on the main church site and/or provide off-site parking with shuttle service. Based on the number of vehicles currently generated by the 420 seat sanctuary, doubling the size of the church sanctuary to 835 seats generates legitimate concern regarding the number of parking spaces provided onsite. It is recognized that the church has given up potential onsite parking by amending their plan and retaining the residential use on Bald Eagle Road. The church has agreed to alter programing and provide shuttle parking service if parking overflows into the neighborhood and across Holland Road on a regular basis. Church uses are generally compatible with residential development, and in this instance the residents and church have worked well together to resolve some difficult issues. In conclusion, the Planning Department recommends approval of this request subject to the conditions outlined below which are designed to ensure that the proposed church expansion will be compatible with the residential neighborhood, will have safe parking for all attendees and will have minimal impact on the surrounding area. Subject to the recommended conditions and with continued goodwill and cooperation between the residents and church, the proposed expansion should be a positive addition to the community with manageable impact. • CONDITIONS PINEY GROVE BAPTIST CHURCH Agenda Item 10 Page 5 II 1. The site shall be developed substantially in conformance with the submitted site plan entitled, "Exhibit for Piney Grove Baptist Church, Virginia Beach, VA" by Site Improvement Associates, Inc., dated 4-17-15. Only one right turn is permitted from the church parking lot onto Holland Road; the double turn lanes shown on the plan are not allowed. 2. The proposed church addition shall substantially adhere to the submitted architectural elevations entitled "Piney Grove Baptist Church," by Architectural Innovations. 3. The church shall provide positive drainage throughout the site such that all drainage does not impact adjoining residential lots to the east or north. 4. A landscaped buffer is required between the church and adjacent residential uses as shown on the submitted site plan. No structures of any kind are permitted within this buffer area, except fences as shown on the plan. 5. New mechanical equipment, including but not limited to, heating and cooling equipment and generators, shall not be located within 100' of an adjacent residential lot line. All mechanical equipment must be screened from ground level view. 6. The dumpster shall be screened and located as shown on the submitted site plan. 7. The existing home owned by the church at 2821 Bald Eagle shall be used for single family residential use only. A six foot high fence with no gates or entry points shall be installed between the proposed church parking lot and the home, as shown on the submitted site plan. 8. All lighting on the site shall be directed downward and not spill over onto adjoining residential lots. 9. Prior to issuance of a Building Permit, the church will work with the Zoning Administrator and Traffic Engineering to develop a plan to divert church traffic to the overflow lot across Holland Road when the on-site parking is full. The plan will provide for any signs needed to be fabricated in advance and an implementation strategy to include shuttle service across Holland Road. This plan shall be activated when construction of the addition commences. 10. After a Building Permit has been issued for construction, the church will provide shuttle service across Holland Road whenever the parking lot on the west side of Holland Road is used. 11. After a Certificate of Occupancy has been issued for the new sanctuary, if more than 40 vehicles are parked on Bald Eagle Drive, Chestwood Drive or other neighborhood streets for three or more Sunday mornings in succession, excluding holiday services, the Church will work with the Zoning Administrator to minimize such off-site parking. Changes to church operations shall include, but not be limited to the following; • Holding the first Sunday morning service at a later hour so more members will attend • Adding a service on a weeknight • Remote parking • Valet parking • Carpooling • Bus/van shuttle service PINEY GROVE BAPTIST CHURCH Agenda Item 10 Page 6 12. At no time shall both the new 835 seat sanctuary and the existing 420 seat sanctuary be used for services simultaneously. It is the intent of the church to repurpose the existing 420 seat sanctuary into classrooms and offices when funds are available. 13. The temporary structure currently housing the Day Watch program may be moved to the north side of the main church property and used until the expansion construction work has been completed. The portable building shall be removed from the site when construction is finished. PINEY GROVE BAPTIST CHURCH Agenda Item 10 Page 7 • i A m 1 ... . _ YE , it (711"... . —,t.t ` . op r , it ii :2, ---4 *kr:, D- ,e e 0 t at 0 e • pc," O ..F rill, � 1 9 4u ‘1.1 •.* 4f, f 'CiZi W . I" H , i _ ..� t * P`1 40 i10i. elibO> 4 . .4cii, It • . t- I y 11/441. \4 �y . ,Y_ AERIAL OF SITE LOCATION t, PINEY GROVE BAPTIST CHURCH Agenda Item 10 Page 8 1` I 1 . ( - ' toa, LiJi: h 9lp:! I,7. .1 DgbksS odBg i lei " l €p � $fin /4.-.4....,-- . .' 1 i�6p��;�� a8p�cr � � Ea3 $f, §F.tz Y osl 5,- ',IliR ao UOONJS3H� i % L IlL <, \ A '�l �\ d ' ' e ° ' 1 I i \ 1 ` i ' }'`, '; t 1\1 Q \ �cb I II '' I / , m .1�.E5 1 + '; I, '1` O tf� 1I 1 II III tvaL____.. — i , 1 . i i °I" leye e 4 • $II' i, / 61 I UlllklI i : 0 - -Y1 I J QtJ MIN41 MlONn z � ki3t) y ... +7 1N3N3�Wrn Y------E t ; ----i------E I s 3 1 I gill :el ii ,, 4 gaol .2 1 PROPOSED SPLA (ConditionITE 1N) PINEY GROVE BAPTIST CHURCH Agenda Item 10 Page 9 I , ,,,,,-,,._ •:,,A,CE: ul ._____ 1'\ F•...._ 04.5TO. 1 El , A -------=.--,_=-::,- ,--:-_,-_-----------=-- ., . ‘ . ' <7„:\ ./ ' 11111.111111.111a . '5 z N./ ......... , \ . . yo0PAPV I ' j • . Malliallinall r n ' / \ , „/ . L R I . 1 MN L17-Ii- / C...SS40, - %'.WR.A,C.CORRC. 11 . ' . i' SCHEMATIC FLOOR PLAN PINEY GROVE BAPTIST CHURCH DRAWING OF PROPOSED FLOOR PLAN PINEY GROVE BAPTIST CHURCH Agenda Item 10 Page 10 IA LI „iii 'i II TIN r ' i k 1 I II'i II f!, 1 i __,I, 1 I ill t I`' I ' ;'' 1:it I. `.i 1111 11: CC Z Ill Z '11 1 ill p tom z = U O '4, ' �.: W ��I III l W S 11 cr IJ.J z I � z: LJ 1 El J 0N C) J % 3 ELEVATION DRAWINGS OF PROPOSED BUILDING ADDITION (Condition 2) PINEY GROVE BAPTIST CHURCH Agenda Item 10 Page 11 PRINCESS ANNE \lap H-1, 11 Pined Grove Baptist Church B1A* ' 7 5te.0„/". #77'5 .;�. v 6 : jet . ' � R + R7.5* R ,, �, W t7 *. e • t r ,;,i:rw 1!25D•• �a 1 �1: '4 ' f' ..4 .•• 04414 • .��j ftl� Ti.A.: 'os �AAiR F 7.5* ' 7 65—�7w 4 Lill'''', 11:1 '3• '-. 1 Q4` G . r Ito A , . , p �rra rd:�r _ R7.'3 R1 o* aG2 a' I AG2 R10 AG1 p '• Zoning with ConditionsePro/%rs.Open Space Promotion CUP- Church -self standing ZONING HISTORY # DATE REQUEST ACTION 1 04/11/1988 Conditional Use Permit(Religious Facility [Church]) Approved 2 10/13/2009 Modification of Conditions (to allow portable structure for Day Watch Approved program at church) 3 06/08/1987 Change of Zoning (AG-1 and AG-2 to R-6 Residential District [now R- Approved 7.5]) 4 09/26/1983 Change of Zoning (AG-1 and AG-2 to R-8 Residential District [now R- Approved 5D]) 5 01/25/1994 Change of Zoning (AG-1 and AG-2 to Conditional R-7.5 Residential Approved District) 6 03/17/1986 Change of Zoning (AG-1 and AG-2 to R-6 Residential District [now R- Approved 7.5]) 7 04/24/1989 Change of Zoning (AG-1 and AG-2 to Conditional R-10) Approved PINEY GROVE BAPTIST CHURCH Agenda Item 10 Page 12 1'irkiiniu Reach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of I by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exce•tion for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation. partnership, firm, business, or Page 1 of 4 DISCLOSURE STATEMENT PINEY GROVE BAPTIST CHURCH Agenda Item 10 Page 13 Virginia Beach other unincorporated organization, AND_THEN,complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members,trustees, partners, etc. below: ?Attach list if necessary) Piney Grove Baptist Church-see attached list of trustees with signatures. (B) List the businesses that have a parent subsidiary t or affiliated business entity 2 relationship with the Applicant (Attach list if necessary) None known See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Atmllcant• E Check here it the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Zl Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members, trustees, partners,etc. below. (Attach list if necessary) Piney Grove Baptist Church-see attached list of trustees with signatures_ (B) l rst the businesses that have a parent-subsidiary l or affiliated business entity relationship with the Property Owner !Attach list if necessary) The disciosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT PINEY GROVE BAPTIST CHURCH Agenda Item 10 Page 14 Virginia Beach None known. -i'areet-subsidiary re>ationship" means 'a relationship that exists when one corporation directly or indirectly owns shares pcnsessing more than 50 percent of the voting power of another corporation' See State and Local Government Con, of Interests Act.Va. Code §2.7-3101. 2 'Affiliated b4siness entit• reiavonsh: means 'a relationship, other than p' p, parent-subsidiary relationship, that exists when f+}one business entity has a controlling ownership interest in the other business entity, bit a controlling owner in one entity is also a controlling owner in the other entity,or there is shared management or control between the business entitles. Factors that should be coins,drrrd ,n 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 brsiness entitles share the use of the same offices or employees or otherwise share activities, resources nr personnel on a regular basis; or there is otherwise a close working relationship between the entities" See State and Local Government C:oeflict of Interests Act, Va.Code 6 2 2 3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the ppgiication or any business,pper4tinq or to be operated on the Progeny. If the answer to any item is YES, please identify the firm or individual providing the service* YES NO 1 L SERVICE PROVIDER fuse additional sheets if needed) CC I Accounting and/or preparer of your tax return Architect/Landscape Architect/ Ivy Architectural Innovations Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers I Anyother r pending bjproposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ,© ( Construction Contractors i E.T.Gresham Lll i Engineers/Surveyors Site Improvement Associates,Inc. The disclosures contained in this farm are necessary to inform public Page 3 of 4 officials who may vote or the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT PINEY GROVE BAPTIST CHURCH Agenda Item 10 Page 15 Virginia Beach Financing(Include current Interviewing and discussing with r- mortgage holders and lenders various lenders but none sell ect at ` selected or being considered to this time provide financing for acquisition or construction of the property) [RI ri Legal Services s r 4g1 - ![.a Real Estate Brokers ;Agents for None at this tone current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official Or employee and what is the nature of the interest? Ronald M. Frink is an Deacon in the church sl ,-6.,. - C'1 (4.4 I t uy% c 4.9142, ( 1i &u/d. e- . t CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBOA meeting, or meeting of any public body or committee in connection with this Application_ A ANT'SSIC NAT l;N'!r //�/ jj �` PRINT NAM( DATE . [�+r47 '"`�' tkiteL, t'[ 1nJ' 5/11+tz/tc Ar RTY t7�Y?4ER S si(.r AI..PRr �_ _N ONI NAME DAT£ tt AL AL DISCLOSURE STATEMENT PINEY GROVE BAPTIST CHURCH Agenda Item 10 Page 16 CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification(postcard)that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior 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 Dr)G 1 ' - 141'1014 Janice Kimbrough AI nt's Signature Print Name •1 -/--(-. Bruce Thorpe %ant'sSig na ure Print Name {f i.,&b..ovr V ul. Lillian Urquhart .y.,LOIA±.., Applicant's Signature Print Name __...,/f4dta, '� Charles Parrish AiA ',a 's Signatur- Print Name .* _ .�1 / '`ti `- Alicia Williams :: '«:nt's Signature Print Name . ,� _ _ . * _. — _ • 1.._ '1 7 Pieri Burton Applicant's Signature Print Name '4,-," Percy Allen II Applicant's Signa a Print Name • p71 Emmett Williams cants Signature Print Name 1 II —, , - .a� w g , -' I - — ,-4 ;;k� vo l�7 i• `' m`0. i I j ) E J S j] r . 1.---/- 'E. \A, ma) N r J . I - r 'Zt s `9,, l y� 0 713 Q .2 ..) "-J- .til CI '.I ',-) \''`' t) ° i'd \ ) 1 4 c a) co, '.J ` c — ID •- c 0 i M �{ V --....1icJ "J � ) o m , i Q S ..i To 8 N LL y W O u) o z r, ,1 fJ al w m f -') -. n .--k I -0 u s - \'..) c CO 73 C ti a) C 1 ; O E U . 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S`",2"c —rtt mt�'.A'' s i.t.i. 4Ery iScs"- .. 1 II Photos of vehicles generated by Piney Grove Baptist Church .4 y �. g 4 t r ,� 4 IT4fITINifrfrk.leg 14.111/ v r -is4Yy^r u,,' �� ' +xl , )11`' v tr$'@:a -ck:gym Mme`- n ` , a - R . ? 7 1 VIRGINIA BEACH PLANNING COMMISSION June 10, 2015 12 : 53 p.m. FORMAL SESSION PUBLIC HEARING PINEY GROVE BAPTIST CHURCH VERBATIM PLANNING COMMISSION Chairman Jeff Hodgson Beach - District 6 Vice-Chairman Robert Bob Thornton Lynnhaven - District 5 Secretary Philip L. Russo, Jr. At-Large E . Ross Brockwell Bayside - District 4 Michael A. Inman At-Large Dr. Karen B. Kwasny Princess Anne - District 7 Dee Oliver At-Large Ronald C. Ripley At-Large Jan Rucinski Centerville - District 1 Jack Wall Rose Hall - District 3 David Weiner Kempsville - District 2 SARAH DEAL JENKINS, MMC DEPUTY CITY CLERK, II I II 2 1 CHAIRMAN HODGSON: Mr. Russo? 2 3 SECRETARY RUSSO: Mr. Chairman, our first hearing is 4 Application Number 10, Piney Grove 5 Baptist Church, for a Conditional Use Permit for the Expansion 6 of a Religious Facility Church on property located at 2804 7 Holland Road and 2821 Bald Eagle Road, District 7, Princess 8 Anne. Our first speaker in support is Mark Ricketts. 9 10 MARK RICKETTS: Mr. Chairman, Members of the 11 Commission, my name is Mark Ricketts. 12 I 'm with the engineering firm of Site Improvement Associates . 13 We represent the owner, the Applicant, Piney Grove Baptist 14 Church. Basically, what I wanted to do was just we talked in 15 the Informal Session this morning about the specific aspects of 16 the application. My job here is to introduce the pastor and the 17 senior deacon so that they can make the presentation from the 18 church' s perspective, but we' re here and the architect, as well, 19 are here to answer any sort of technical questions that you may 20 have about it. So, with that I 'd like to defer to them. 21 22 CHAIRMAN HODGSON: Thank you. 23 24 SECRETARY RUSSO: Then our next speaker is Pastor D. L. 25 Williams . 3 1 2 PASTOR WILLIAMS: Good evening to the Committee. First 3 of all, I would like this committee to 4 know that Piney Grove Baptist Church has been a very responsible 5 applicant and we have done all that we can to work with our 6 neighbors in order to get this proposal off the ground. 7 Throughout the process, there are a couple of things that we 8 have valued. One of those things was open and honest 9 communication with our neighbors, as well as a strong 10 willingness to compromise. 11 12 Throughout a few months, we have met with the community on four 13 different occasions . We met with them at large, as well as in a 14 small group setting. The reason we met with the community as 15 much as we did was to give ourselves the opportunity to hear 16 legitimate concerns so that we could address them in a proposal. 17 Once we did that, the proposal we gave you is not the original 18 plan that Piney Grove had for its property, but it became a 19 compromise version. It was jointly put together from community 20 meetings from having healthy dialogues and from intermingling 21 their concerns with our vision to expand. 22 23 Some of those compromises that were made, including us 24 embellishing the buffers to go beyond what is required of us in 25 our buffering with our neighboring residential areas, as well as 4 1 the fencing on our property for 2021 Bald Eagle Road and the 2 strategic positioning even of the dumpster that we ' re going to 3 have proposed on our new project. 4 5 The main issue, however, as you know, is parking. When we first 6 launched this plan, our initial plan after we purchased 2021 7 Bald Eagle Road was to demolish the home and to utilize that as 8 parking. I explained to the community I wanted to take cars out 9 of the community so that we could park all cars on our one 10 central site . After we had the meeting at large, the community 11 voiced a great displeasure for us to tear down the home and to 12 make that parking. The displeasure was basically based upon 13 aesthetics . They didn't want to take away from the beauty of 14 the community. 15 16 So, to compromise, we told them that we would take that off of 17 the table in exchange for their support of our expansion 18 projects . As you can see, we have held to our part of the 19 compromise. So, the parking capacity that we are looking for 20 approval is not initially what the church wanted, but it is 21 rather a result of us compromising in exchange for the community 22 support. 23 24 But now the community is saying to us thank you for compromising 25 and reducing your parking, but now you don' t have enough parking 5 1 for us to feel safe. So, it seems as if the community is kind 2 of putting us in a catch 22 between the beautification of the 3 community and safety. One is a community preference, and, of 4 course, the other one is a need, and they are what I 've seen to 5 be failing to compromise on working with us on both. 6 7 For your information, the 835-seat sanctuary that we are 8 proposing to build, we don' t anticipate filling that sanctuary 9 to 100% capacity for each service. You all know that we have 10 two services now on Sunday, and we are currently only seeing an 11 average of about 610 people between both of those services . So, 12 even if our attendance doubles, we still will have more than 13 enough room to satisfy our demand and it will put our sanctuary 14 at 75% capacity between both of those services . 15 16 Our vision was not to build just enough seating for what we 17 currently have on Sunday morning. Our vision was to build more 18 than enough so that we can have room for growth, as well as have 19 a room for special services such as Mother' s Day, of course, 20 when our attendance really doubles in size, as well as Watch 21 Night Service, New Year' s Eve Service, and some other major 22 church services . 23 24 All of the aforementioned facts that I 've talked about serve to 25 prove that Piney Grove has again been very diligent to not only 6 1 listen to our neighbors but to actively address their legitimate 2 concerns . Throughout this process, we, as an Applicant, have 3 shown readiness and we have shown a great deal of commitment to 4 compromise with our neighbors even at the expense of us getting 5 the short end of the stick in the name of compromise. 6 7 You all know that Piney Grove Baptist Church is a historic 8 presence not only in our community but also in the entire City 9 of Virginia Beach. We have been in our geographical location 10 for almost a century and a half, and with being where we are 145 11 years, Piney Grove has welcomed all expansion projects that have 12 taken place around us within these 145 years, which includes 13 welcoming our neighbors who decided to build their homes around 14 us and to raise their families around us in the name of us 15 becoming one community. That is our purpose. That is a part of 16 our vision for us to exist as one community. 17 18 So, in closing, again, I want to say that considering the 19 compromises that we have already made and the indisputable 20 fairness that we have extended to our neighbors, that if there' s 21 no other motivation behind our community not reciprocating the 22 same level of fairness and compromise that we have already 23 extended to them, that I see no other reason for us to get the 24 opportunity to expand our church and to fulfill the vision that 25 we have for our church. .7 1 2 CHAIRMAN HODGSON: Thank you. Any questions for 3 Mr. Williams? Yes, Mr. Ripley? 4 5 COMMISSIONER RIPLEY: You mentioned you started off by 6 talking about the parking that you 7 would like to have put in on the house that' s to the back of the 8 church. 9 10 PASTOR WILLIAMS: Sure. 11 12 COMMISSIONER RIPLEY: And we were talking this morning 13 about the potential if there were 14 parking back there to the extent that you would buffer it, have 15 you thought about that, how you would? 16 17 PASTOR WILLIAMS: Well, again, that was in our initial 18 plan. The initial plan was to create 19 a sizable buffer so that when residents did pass by they would 20 not see a parking lot, per se, but they would see a great deal 21 of greenery. So, we talked about that and we have that in our 22 initial plan, but again, the community just for beautification 23 purposes were just in strong opposition of us having a parking 24 lot there and removing our home. So, we did consider that. We 25 did have a plan for that, and I think we still have that today. 8 1 2 COMMISSIONER RIPLEY: Well, I saw a plan. I don' t know if 3 it was the final plan that you 4 submitted, and it did have some landscaping around it. The type 5 of buffering that was mentioned this morning was what they 6 referred to here as category; they put them in different 7 categories, and 6 is probably the highest category, I believe. 8 I may be wrong. And that involves a fence and then landscaping 9 the outside of the fence and maintaining it and those types of 10 things . Is that something that if, I can't tell you which way 11 this is going to go, but I 'm just speaking for myself, if that' s 12 the way this application were to go, is that something you'd be 13 willing to do? 14 15 PASTOR WILLIAMS: We' re more than willing to do that, 16 more than willing. 17 18 CHAIRMAN HODGSON: Mr. Thornton? 19 20 VICE-CHAIRMAN THORNTON: Your initial plan, we saw a copy of 21 it today, was to tear the house down 22 and have parking all back there. And you, in the spirit of 23 compromise, are you saying that you've pulled that off the table 24 for the time being and said to your neighbors "I won' t park back 25 there. We' ll just leave the house back there and let it be a 9 1 rental property"; is that sort of the history of that? 2 3 PASTOR WILLIAMS: That was the term of compromise. The 4 community asked us if they agreed to 5 back our project would we remove that off of the table, and we 6 did that, but when we did it they came back and said "now you 7 don' t have enough parking and we don't feel safe" . So, it' s 8 like they' re presenting a moving target for us that we couldn' t 9 satisfy what they really wanted. 10 11 VICE-CHAIRMAN THORNTON: So, your initial plan would have 12 liked to have had that area to park. 13 14 PASTOR WILLIAMS: Yes . Again, my vision, and I told 15 this to the community at the first 16 at-large meeting, my vision was to have enough parking where we 17 could remove all cars out of the community, period, so we could 18 have all of our members and visitors parking on site and there 19 would be nobody in the community at all . 20 21 VICE-CHAIRMAN THORNTON: Thank you. 22 23 CHAIRMAN HODGSON: Any other questions? Mrs. Oliver? 24 25 COMMISSIONER OLIVER: I have a question, and I read it 10 1 somewhere, but I 'm not sure where it 2 exactly was. But at one point, they were addressing the times 3 of the service, the eight and the eleven. Did you all at one 4 point think about moving the eight o' clock service to a nine; 5 did I read that? 6 7 PASTOR WILLIAMS: We talked about that in the 8 conditions, if parking got out of 9 control, what are some of the options that we could utilize to 10 deal with the parking issue. One of the things I said was we 11 could stagger our service time to make their first service, 12 which is at seven forty-five in the morning, more appealing to 13 people to want to get up and come if we move it to nine. So, 14 moving programming is easy for us to do, so that was one of the 15 options for the conditioning that we talked about. 16 17 COMMISSIONER OLIVER: Thank you. 18 19 CHAIRMAN HODGSON: Any other questions? Mr. Russo? 20 21 SECRETARY RUSSO: Pastor Williams, your architect may 22 know this, how many additional parking 23 spaces would you obtain if you leveled the residence? 24 25 PASTOR WILLIAMS: The approximation was around 50 to 60 11 1 parking spaces . 2 3 SECRETARY RUSSO: And just so I 'm clear, Mr. Ripley 4 asked about the fencing. So, that in 5 essence would cut off any access from that portion of the 6 neighborhood so people couldn' t park there and walk on through. 7 8 PASTOR WILLIAMS: Right. 9 10 SECRETARY RUSSO: And I think there' s also some 11 discussion or some question from the 12 neighborhood about the lot across the street across Holland 13 Road, and I think there' s some question about developing that 14 lot to increase the parking in that area. Have you given 15 thought to that? 16 17 PASTOR WILLIAMS: Well, again, we talked about that as 18 other flexible options that we could 19 utilize if the current parking that we are requesting, if we 20 grow beyond that. We have about 1 . 3 acres of land that we can 21 potentially develop over there if we need additional parking on 22 our property across the street, and we talked about with the 23 City having a plan to expand to four lanes, we talked about 24 having a shuttle service to meet the satisfaction of the 25 community who raise questions about people crossing the street 12 1 at Chestwood, I think it is, the corner of Chestwood. So, we 2 talked about we could have a shuttle to satisfy the concerns of 3 the community to shuttle people from that lot over to our 4 on-site property. So, those, again, were conditions that we 5 were trying to compromise on. 6 7 SECRETARY RUSSO: So, the property across Holland Road, 8 you said, is that 1 . 3 acres, because I 9 know there' s a cemetery? 10 11 PASTOR WILLIAMS: It' s actually more than that, we have 12 a cemetery there, but we have 13 approximately about 1 . 3 acres that we can develop. I want to 14 say it' s about 2 . 6, I think, complete, I think, but from my 15 understanding we have about 1 . 3 that we can develop, which from 16 my understanding would give us a parking capacity of about 150 17 more parking spaces if we were to do that . 18 19 CHAIRMAN HODGSON: Thank you. Any other questions? I 20 have one quick one, kind of feeding 21 off what Phil just said. So, would you rather with your initial 22 plan put it where the house is, your parking, or would you 23 prefer to be able to take the 1 . 3 acres across the street and 24 make that a full parking facility? 25 13 1 PASTOR WILLIAMS: I would prefer to have all of my 2 parking on one site for a lot of 3 different reasons; number one, it ' s cheaper, given the new 4 orders with underground drainage. We already have that system 5 on site so it wouldn' t cost us as much to extend our parking 6 where the home is . If we go across the street we' re looking at 7 almost half a million to develop that with the underground 8 drainage. Number two, it will be an inconvenience to how to 9 develop across the street and develop a shuttle system because 10 you have the plausibility of rain and having to deal with people 11 waiting in the rain to get on the shuttle and come across . 12 13 However, again, as I stated before, we made a lot of compromises 14 where we have come on the short end of the stick but we've taken 15 that in the name of partnership and compromise to try to work 16 with our community. So, we 've been trying to do everything that 17 we possibly can to make this project successful for both 18 parties . But I would primarily prefer my initial plan to have 19 all my parking on site, and that would give me about 240, maybe 20 a little bit more, parking spaces . 21 22 CHAIRMAN HODGSON: Mrs . Kwasny? 23 24 COMMISSIONER KWASNY: I have an additional question about 25 the parking. So, optimally, if we I II 14 1 were to use the residential lot, would you continue to then use, 2 would you agree to then use, the lot across the street via 3 shuttle or whatever method possible so that you could still 4 maximize your number of lots? For instance, if you gain 70 by 5 being able to use the residential lot and gain another 70 by 6 continuing to use the adjacent lot, we come pretty close to what 7 some of the figures seem to suggest is the traffic or parking 8 needed. 9 10 PASTOR WILLIAMS: You' re at about 320 parking spaces 11 with both, and given the condition of 12 parking no more than 40 in the community to make the community 13 happy, you' re talking about potentially 350-55 if we' re allowed 14 to still park less than 40 in the community without upsetting 15 the community. So, that would be ideal, but the 16 across-the-street parking will now become on an at-need basis 17 for 10, 15 years from now. We don' t anticipate growing that 18 fast as the community is throwing out plausibilities that we 're 19 going to grow. We have all types of Plan A, Plan B, Plan C-type 20 of plans that can prevent us from having so much traffic into 21 the community. So, that would really maximize us and really 22 satisfy the 835-seat capacity building that we' re attempting to 23 build. 24 25 COMMISSIONER KWASNY: May I continue? 15 1 2 CHAIRMAN HODGSON: Yes, please? 3 4 COMMISSIONER KWASNY: I 'm just trying to minimize impacts 5 that have to be addressed after the 6 fact and instead take a look at what can be done to minimize 7 impact now, kind of guaranteed. So, rather than, in my mind, 8 I 'm thinking how to get those cars off that road and actually 9 utilize -- if in an ideal world you' re able to Category 6 buffer 10 and remove the access to that property from the residential 11 street, access it from your own site, and then also continue to 12 utilize via a conditioned shuttle service cross the street, you 13 get very close to what the traffic study seems to suggest is the 14 parking that you need rather than continuing to include the 40 . 15 The 40 on the street then would be special occasion kind of 16 parking. 17 18 PASTOR WILLIAMS: That was a condition that was put in. 19 20 COMMISSIONER KWASNY: Would you still be amenable to that 21 condition if you had additional 22 parking on the residential lot to allow for shuttle across the 23 street? 24 25 PASTOR WILLIAMS: Whatever will help us get this 16 1 project done, we' re willing to work it 2 out . 3 4 COMMISSIONER KWASNY: So, you did reduce the size of the 5 building initially, correct? 6 7 PASTOR WILLIAMS: Our initial building was, I want to 8 say, about 1, 100, and we've reduced 9 that, as well, to 835 . Again, that was another sizable 10 compromise that we made to be good neighbors . Again, if we -- 11 the church has been there for a long time, and if we are allowed 12 to continue to exist, we have a lot of members in our church 13 that have great-grandparents, great-great-grandparents, that are 14 buried across the street. 15 16 We had a plan with the former pastor to go to Salem Road, as you 17 all know; however, our congregation was split on making that 18 decision. A lot of people did not want to leave. So, when I 19 came I inherited that split and decided that it would be in our 20 best interests to stay where we are. It worked out anyway, 21 because the City bought back Salem Road from us and pretty much 22 kind of blocked us from expanding over there. So, the only 23 option we have, which is an option that ' s suitable for my entire 24 congregation, is to stay where we are. And we bought land to be 25 able to do that and whatever we need to do, whatever conditions 17 1 we need to put in today to make that happen, my church is 2 willing to do that today. 3 4 CHAIRMAN HODGSON: Any other questions? Mrs . Kwasny? 5 6 COMMISSIONER KWASNY: But your level of expansion won' t be 7 decreased; that ' s not one of the 8 things on the table? 9 10 PASTOR WILLIAMS: Decreased, as far as? 11 12 COMMISSIONER KWASNY: From 835 to 650, just throwing it out 13 there. 14 15 PASTOR WILLIAMS: Well, 650, we haven' t talked about 16 seating. We have enough parking to do 17 more than 835. So, the 835 that we' re talking is already a 18 compromise, and we feel like it will be suitable enough to not 19 only handle where we are right now but future growth and special 20 services . 21 22 CHAIRMAN HODGSON: Any other questions for Mr. Williams? 23 Thank you, sir. 24 25 PASTOR WILLIAMS: Thank you, Sir. 18 1 2 SECRETARY RUSSO: Our next speaker is Richard Ivy. 3 Well, I see you've stated "for 4 questions only" . 5 6 RICHARD IVY: Yes, sir. This is Richard Ivy. I am 7 the architect for the church and have 8 been here since pre-Salem Road times that we've been playing 9 with this . At one time, we had over 1, 200 seats on the present 10 property, but at this point I 'm here to answer your questions 11 should you have any about the history of what ' s been going on 12 and what we can and can not do. But other than that, I 'm going 13 to leave the rest of it to the church. 14 15 CHAIRMAN HODGSON: Any questions for Mr. Ivy? Thank 16 you. 17 18 SECRETARY RUSSO: Our next speaker in support is Linda 19 Russell. 20 21 LINDA RUSSELL: I 'm Linda Russell. I live in 22 Cardinal Estates, so I might be 23 considered as an outsider here. The reason I got involved with 24 the Piney Grove Church is I came to my neighborhood, the first 25 neighborhood to be built in 1963, just like the City, and my son 111 19 1 was two years old and my daughter was born here twenty years ago 2 in my neighborhood. They not only chose to live in Virginia 3 Beach, they've chosen to live in my neighborhood, okay? 4 5 So, I said, well, if they' re going to live here I want them to 6 know the history of where they live. I don' t have a house or 7 anything, so I have to go -- we have a graveyard in our 8 neighborhood. So, I started there, the wreck in 1800 . I have 9 the Mennonites, the house was tore down where I live, and they 10 come back every -- they' re down in our -- when the development 11 started, they had to go there. They come back every summer, and 12 they visit and they bring me more and more information. And 13 they told me I needed to go to the Piney Grove Church and the 14 graveyard and I will find my answers there. So, that' s how I 15 ended up. 16 17 I started going to the Piney Grove Church. I have walked -- I 'm 18 over 70 years old -- I parked in the neighborhood, apparently, I 19 got the good neighborhood because I parked on I believe it ' s 20 Damascus, I think one road is, yes, Damascus is across the 21 street, so I parked there. The neighbors come out and talk to 22 me on Sunday when I leave and I come. I don' t have a problem. 23 They don' t have a problem. I 've even parked in the parking lot 24 across the street. Sometimes there' s a guard. Sometimes 25 there' s not. I have no trouble getting to this church on Sunday 20 1 morning. 2 3 So, I wish you would do what they want to do because I need them 4 to do my family history so my kids will know where they live, 5 and it all started with the Piney Grove Church. 6 7 CHAIRMAN HODGSON: Thank you, Mrs. Russell . Anybody 8 have any questions for Mrs. Russell? 9 Thank you for coming down. 10 11 SECRETARY RUSSO: Our next speaker is Harry Lashley. 12 13 HARRY LASHLEY: Good afternoon. I 'm the Chief 14 Administrator for Piney Grove Baptist 15 Church. I 've been a member of the church for over twenty years . 16 17 CHAIRMAN HODGSON: Please, state your name for us . 18 19 HARRY LASHLEY: Harry Lashley. 20 21 CHAIRMAN HODGSON: Thank you. 22 23 HARRY LASHLEY: And I 've served as the Chief 24 Administrator for twelve years to the 25 church. As I 've stated at the community meetings, the church 21 1 stands, we have growth because we ' re a heavily populated 2 military congregation, so people come and go in that process, as 3 they do, and in our church there' s a lot of retired military 4 people who stay in this area in the process of it. 5 6 And as you said, our Pastor stated it first, that we had planned 7 to go to Salem Road with the change in that process of it. And 8 as we had been with the community in that process, we have 9 compromised in every way possible and adding other things, as 10 well. Originally, in that process of trying to delete the 11 traffic in the community, that' s why we did an entranceway from 12 Chestwood. Some of the people would not have to go in the 13 community to go around once the expansion of the highway is 14 done, because once the expansion is done, previously it was not 15 giving a turn-a-way from coming down Holland Road, and it ' s 16 farther to make a left turn. 17 18 So, basically, we did look at the site as how they can develop 19 behind the property, itself, which gave up parking spaces, as 20 well, to do that in that process to add the entranceway back 21 there so they can relieve the traffic to be able to go in the 22 community. So, they come in and turn left on Chestwood to gain 23 entrance in this side of the parking lot. 24 25 So, as stated, we have done all we can do to minimize the 22 1 traffic in the community in the process of it, even doing the 2 traffic study, itself, in the process of it. And as I stated, 3 they went to the community. The traffic, it could be more 4 commuter traffic vice the church traffic, because once you do do 5 that in that process with the lights going to the end of Sugar 6 Maple, it ' s going to make everyone who lives in that community 7 to turn at the red light to go into the community in that 8 process, the church, itself. 9 10 CHAIRMAN HODGSON: Any questions for Mr. Lashley? Thank 11 you, sir. 12 13 SECRETARY RUSSO: Our next speaker is Joseph Allen. 14 15 JOSEPH ALLEN: Good afternoon, Chairman, Members of 16 the Planning Commission Panel, as well 17 as Holland Pines Community and my Piney Grove Baptist Church 18 family. Again, my name is Joseph Allen. I 've been in the 19 Holland Pines community for nineteen-plus years, retired 20 military, raised seven kids in that community. It ' s been a 21 great community and the church has been there that long. 22 23 I just wanted to talk about some of the things, I know we talked 24 about times, but 7 : 30 to 08 : 00 for our 7 : 45 services on a Sunday 25 coming in and out of our residences, the residential area, 23 1 that' s not that much traffic out there. So, for people thinking 2 they' re going to encounter some traffic, it' s not that much 3 traffic. Then we have our afternoon service starts at 10 : 30 -- 4 I mean, 10: 45, and so between 10 : 30 and 11 : 00 is what I 'm 5 talking about, the transit time. Most of our congregation comes 6 from the Dam Neck area coming into the church. 7 8 So, we' re not doing that much traffic, again. Sunday morning, 9 one day out of a week that possibly as a resident of Holland 10 Pines, you may run into some traffic, but that ' s not saying you 11 will. Also, when we exit, we exit our sanctuary after church is 12 over between 12 : 30 and 1 : 00 you may encounter traffic, but 13 it' s not to that point where it is devastating. Anytime you 14 leave the community you possibly run into some traffic. I just 15 wanted to talk about those things right there . 16 17 Also, as a church, our community involvement, we do a lot of 18 things for the community, itself. We volunteer to feed the 19 homeless . We have an annual blanket drive for the Virginia 20 Beach nursing homes. We have a food pantry that supports those 21 families that can' t support themselves when they' re in need of 22 food or whatever the case may be. We do a partnership with the 23 School Board through a STEM program, a youth program. We also 24 have a ministry that goes out and ministers to those that are 25 incarcerated. Those are some of the things that we do in the I 24 1 community. 2 3 The church, itself, is going to be a positive impact when we 4 talk about expansion. You talk about people getting out of the 5 services. The pastor talked in terms of holidays, people go 6 into restaurants, the local restaurants here in Virginia Beach, 7 that type of stuff, gas stations, supermarkets, whatever the 8 case may be. The church as a whole is going to be a positive 9 impact. It has been a positive impact on the community and will 10 continue to be a positive impact on the community as a 11 congregation. 12 13 So, I ask the Commission, the Panel, the people, the residents 14 of Holland Pines, take that into consideration, because that ' s 15 what we' re doing. We' re trying to uplift the kingdom of God. 16 That' s what we ' re about. 17 18 CHAIRMAN HODGSON: Thank you. Any questions for 19 Mr. Allen? Thank you for your 20 service. 21 22 JOSEPH ALLEN: Thank you, Sir. 23 24 SECRETARY RUSSO: Our next speaker is Joseph Burgess. 25 25 1 JOSEPH BURGESS: Good afternoon, Mr. Chairman, Panel . 2 I, too, come -- 3 4 CHAIRMAN HODGSON: Please, state your name, for the 5 record. 6 7 JOSEPH BURGESS: -- my name is Joseph Burgess. 8 9 CHAIRMAN HODGSON: Thank you. 10 11 JOSEPH BURGESS: I, too, come to bring forth some of 12 the positives that I believe this 13 church has done in the community and will continue to do. Of 14 course, you are well aware that our church is a place for 15 worship for any family in the Tidewater area. That includes the 16 residents that are surrounding the church right now. We invite 17 them to come to our church and see exactly what we' re doing 18 there, and they would find out it ' s a positive situation. 19 20 We have a lot of children at our church, a lot of families, and 21 I think we provide instruction for our children' s future to 22 become positive citizens in this community of Virginia Beach. 23 We also provide missionary activities for the area. 24 25 I 've been a member of this church since 1998; that ' s seventeen 26 1 years . I 'm retired military. I 'm a deacon at the church. I 2 support the church and I support the community as much as I can. 3 As was mentioned by my brother, Joe Allen, I do prison ministry 4 at Indian Creek Correctional Center out in Chesapeake. So, I 'm 5 just an example of some of the positive attributes that Piney 6 Grove Baptist Church presents to the community. 7 8 I believe that this is a positive aspect for the community. 9 This is not a nightclub we ' re building or anything like that . 10 This is a church. It ' s to uplift people, help people that are 11 in need, people that are struggling, and it' s what God would 12 have us to do. I would like to thank you for having me come and. 13 speak before you this afternoon. Thank you. 14 15 CHAIRMAN HODGSON: Thank you. Before you' re seated, 16 Mr. Burgess, I just want to make sure 17 we don' t have any questions for you before you head out. Any 18 questions for Mr. Burgess? Thank you very much. Thanks for 19 your service to our country, too. 20 21 JOSEPH BURGESS: Thank you. 22 23 SECRETARY RUSSO: Our next speaker is George Minns . 24 25 GEORGE MINNS: Good evening, Mr. Chairman, Members 27 1 of the Commission. My name is E. 2 George Minns . My connection to Piney Grove started when I was a 3 little boy. Piney Grove is the sister church to Mount Zion AME, 4 my family home church. Secondly, Piney Grove has been a large 5 part of support of myself in my fifteen years serving as 6 presiding officer for community institutions . And finally, 7 Seatack, the oldest African-American community in the United 8 States in the Library of Congress records, many of our members 9 of our community are members and descendent members from Piney 10 Grove. With that said, I will simply say that I come to 11 represent Seatack and that portion of Mount Zion AME Church 12 right around the corner as community support for their effort to 13 be of greater service to the City of Virginia Beach in that 14 particular location. I thank you. 15 16 CHAIRMAN HODGSON: Thank you. Any questions for 17 Mr. Minns? Thank you, sir. 18 19 SECRETARY RUSSO: Mr. Chairman, our first speaker in 20 opposition is Kevin Brennan. 21 22 CHAIRMAN HODGSON: Good afternoon. 23 24 KEVIN BRENNAN: Good afternoon, Members of the 25 Planning Commission. Good afternoon 28 1 and thank you for the opportunity to speak to you today. I am 2 Kevin Brennan. I 'm the owner and resident of 2941 Mimosa Court 3 in the Holland Oaks residential subdivision. I am going to talk 4 to you today on behalf of some of the neighbors and members of 5 Holland Oaks and Holland Pines regarding the encroachment, the 6 proposed application of Piney Grove Baptist Church, put before 7 the Commission. 8 9 While many more residents expressed strong desire to attend 10 today, the scheduled time was not compatible with their work 11 schedules . If the hearing was scheduled in the afternoon or 12 early evening, the representation would be vastly different than 13 what you see before you today. Our community stance is for the 14 Commission to not vote in favor of the application to change the 15 conditional use permit for 2821 on Bald Eagle Road and the 16 existing structure at 2804 Holland Road in its current form, the 17 current form that you have before you. 18 19 The Piney Grove Baptist Church does admirable work. Nobody is 20 against that. However, the conversation and the decisions 21 before the Commission is not about the work or the history of 22 the church. It ' s about the impact the excessive expansion will 23 have on the community and the adverse effects to the overall 24 Comprehensive Plan. The Comprehensive Plan, what really is 25 that? That is something that in essence gives us a way to go 29 1 forward in a holistic manner. It says we ' re going to take in 2 the past, we ' re going to take the current, we' re going to take a 3 future vision and make sure they all match together. It removes 4 from us the shortsightedness or decisions in a now process to 5 alleviate an issue without looking to what the future 6 consequences would be. 7 8 While the proposed plan and recommendation from the Planning 9 Department addresses some of the present issues, it does not 10 address the clearly identifiable current parking issues, the 11 parking issues during construction, or the stark and calculable 12 future impacts this would have. The use of the words "stark and 13 calculable" in describing the impacts were specifically chosen 14 and this is why. Currently, the Piney Grove Baptist Church runs 15 two services every Sunday with the capacity of 420 parishioners 16 per service with 62 improved on-site parking spaces and a 17 non-conforming overflow parking area across Holland Road with an 18 estimated capacity of 80 vehicles . 19 20 In accordance with the Church' s own traffic study, the average 21 attendance rate per vehicle is 2 . 5 occupants in every vehicle. 22 Additionally, the demographic consisted of over 200 vehicles 23 with one breakdown consisting of 62 on the onsite, 69 across the 24 street in the overflow, and 49 within the Holland Pines/Holland 25 Oaks residential street. The proposed expansion only creates 81 30 1 spots . It does not even equal the number required for the 2 current attendance rates that are at the church and the church 3 is on the traffic study. The proposed expansion would increase 4 the capacity of the church service from 420, which equals 200 5 vehicles now, to 835 parishioners -- 6 7 CHAIRMAN HODGSON: Mr. Brown, I have to ask that you 8 start to wrap it up. 9 10 KEVIN BRENNAN: I was told ten minutes . 11 12 CHAIRMAN HODGSON: Are you speaking for the Civic 13 League? 14 15 KEVIN BRENNAN: Yes . I was speaking on behalf of 16 everybody for ten minutes, is what I 17 was told, and that' s what I put on the card. 18 19 CHAIRMAN HODGSON: Okay. 20 21 KEVIN BRENNAN: Thank you very much. 22 23 CHAIRMAN HODGSON: Yes . 24 25 KEVIN BRENNAN: This creates a shortage of 111 31. 1 approximately 153 parking spaces 2 immediately upon the completion of the project. The 3 nonconforming lot, the City Department of Public Works and 4 Traffic and Engineering has concerns about people crossing a 5 four-lane highway, divided highway. While some concessions were 6 made to preserve the single-family home at the cost of 7 approximately 50 parking spaces, two things were considered when 8 we expressed those conditions; the value impact to our residents 9 when a parking lot gets put next to our homes, and the other 10 thing was that taking down that home was a ten-to-fifteen-year 11 plan. It wasn' t an immediate plan. It was in their original 12 plan when it was going to be 1, 200 people in that church, and it 13 was to make the requirement of 1 : 5 ration for zoning, but it 14 would not be there from the beginning. 15 16 The next is the conditions that are imposed that would help to 17 alleviate some of the traffic problems . Condition Number 9, 18 which only occurred within the last twenty-four hours, Condition. 19 Number 9, the overall purpose of the building plan, shouldn' t it 20 have a condition to say "hey, come up with a plan and then 21 figure it out"? It should be put before you and should be put 22 before the community in phases of the construction so we all 23 have a say of how that goes forward. 24 25 Condition Number 10, I would submit this is an unrealistic 32 1 condition. Any reasonable person given a choice between parking 2 across a four-lane highway and taking a shuttle for an adjacent 3 street and walking, what ' s reasonably going to happen? The 4 person is going to park near it and walk in. They' re not going 5 to sit and wait. So, this is absolutely, given the choice that 6 every expansion would go, it would continue to come into Holland 7 Oaks. 8 9 Now, Condition 11, who would monitor this? The church? The 10 community? The church had an average of 40 vehicles on Sundays 11 already in the neighborhood, and we have approached them many 12 times to alleviate this problem, and they have implemented none 13 of those conditions to date. So, what is the expectation those 14 conditions would be met in the future? On our part there is 15 none. 16 17 These numbers are known and calculable. The Planning 18 Department, the church, and now you, the Commission, know the 19 numbers . It ' s not will it happen or when. It is happening now, 20 and it will only be compounded as the expansion goes on. The 21 Planning Department identified this as moderate growth. We 22 would disagree. Webster defines "moderate" as "limited in scope 23 and effort" . "Stark" is defined as "plain, easily seen, strong, 24 robust, and sharply delineated" . I would submit to you that 25 doubling the size and the calculable requirements of the parking 111 33 1 and its impact to the community is stark. It is a robust, 2 easily seen, and sharply delineated change. 3 4 The last thing before I surmise everything is the Comprehensive 5 Plan, the impact the expansion would have with this plan. Piney 6 Grove Baptist Church and the surrounding community resides in a 7 suburban area, as defined by the Planning Department and in the 8 Comprehensive Plan. The overriding objective of the policy for 9 the suburban area is to protect the predominantly suburban 10 character in the large measure by the stable neighborhoods that 11 exist within the suburban areas . 12 13 A suburban area, in part, is characterized by predominantly low 14 density residential subdivisions and low intensity retail, 15 shopping center, office complex, and appointment centers . The 16 Comprehensive Plan recognizes the primacy of preserving and 17 protecting the overall character, the economic value, and the 18 aesthetic quality of stable neighborhoods in the suburban area. 19 20 The three key planning principles that preside over this, two of 21 them are greatly affected by this expansion plan. They are 22 preserving the quality of the neighborhood and the current 23 suburban mobility. The preserving the neighborhood quality 24 should have among other aspects considered compatibility with 25 the surroundings affecting the site and the building, the 34 1 improved mobility, and the buffering of the residential 2 neighborhoods . 3 4 The property at 2821 Bald Eagle Road is already zoned as an 5 Agricultural 2 with a Conditional Use Permit for a single-family 6 residence. The property was just purchased by the applicant. 7 The Planning Commission recognized in the past the issuance of a 8 conditional use permit for single-family homes would have strong 9 positive results for the quality of the neighborhood, which is 10 in line with the Comprehensive Plan. The applicant asks you to 11 essentially grant a conditional use permit to become a parking 12 lot . That' s what that property will then become, a parking lot . 13 14 It is unfortunate the property was purchased for a specific 15 intent; however, why should the needs of the applicant, a few, 16 outweigh the investment, the quality, and the vibrancy of our 17 existing neighborhood, which is already in accordance with the 18 Comprehensive Plan going forward. As has already been 19 demonstrated, the stark increase of the vehicle parking 20 requirements is counter to the site' s compatibility with the 21 surroundings, the improvement of the mobility in the area, and 22 in most glaring misalignment with the Comprehensive Plan in 23 buffering the residential areas . 24 25 The size and intensity of the proposal will drastically and 35 1 irrevocably affect the quality of the neighborhoods surrounding 2 the expansion. The resulting impact in increased traffic and 3 parking, which will occur immediately, is directly against the 4 Planning principles in preserving the neighborhood quality, and 5 in connecting the suburban mobility the intent behind the 6 connecting suburban mobility is decreased congestion and use of 7 residential neighborhoods as through traffic. 8 9 The excessive expansion will increase traffic through both the 10 identified lack of parking and the use of Chestwood Drive as an 11 entrance to the church which currently isn' t occurring but will 12 in the expansion. The resulting congestion in the neighborhood 13 would increase to unsafe levels. This is a foreseeable and 14 would result in an acumen of traffic calming measures 15 immediately. It' s not something we' re going to have to plan 16 for. It' s going to have to occur immediately. 17 18 Over the past few minutes, I 've outlined the tangible and 19 reasonable foreseeable results of the adverse impact to the 20 local neighborhoods and proposed conditional use. We, the 21 community directly affected, ask you to have the courage to vote 22 not to approve this plan for the Piney Grove Baptist Church, not 23 for what the church provides because they provide great things, 24 but because of what this impact of this excessive expansion 25 that' s before you would have on our community. 111 36 1 2 And with these final thoughts, I will leave you to ponder this, 3 because we don' t know: Who is liable if this application is 4 approved? The impacts of the associated hazards that 5 non-compatibility with the Comprehensive Plan and the planning 6 guides for our suburban area are clearly identified. Who is 7 liable if this application is approved? When a foreseeable 8 accident or incident occurs as a result of a tangible increase, 9 who is liable for this if this application is approved? 10 11 If the expansion is approved and the calculable overflow of 12 parking continues to encroach into our neighborhoods, and pray 13 to God this does not occur, but a child is struck by a vehicle, 14 who is liable if this application is approved? A parishioner is 15 forced to park across the street or on a side street and is hit 16 by a vehicle while attempting to attend the service. Who is 17 liable at that point? We knew that these things could occur. 18 It was foreseeable and expected. That' s why we encourage you to 19 once again have the courage to vote no on this application and 20 send it back to be redesigned and resubmitted, because at its 21 current rate of expansion it is not something we can take within 22 our community. It would change our community drastically from 23 this point forward. 24 25 And we understand that sometimes the right thing to do isn' t 37 1 always easy. Getting up here and talking against a church is 2 not easy. You making a decision against a church' s desires is 3 not easy, but sometimes it ' s the right thing to do. Thank you 4 very much. 5 6 CHAIRMAN HODGSON: Thank you, Mr. Brennan. Are there 7 any questions? 8 9 VICE-CHAIR THORNTON: I 've got one. 10 11 CHAIRMAN HODGSON: Mr. Thornton? 12 13 VICE-CHAIR THORNTON: If they can figure out a way to park 14 to satisfy the people in the 15 sanctuary, would you all be willing to work with them on this? 16 17 KEVIN BRENNAN: If it' s a matter of, I mean, we can 18 sit here, ladies and gentlemen, and 19 have negotiations about what we' re acceptable to back and forth 20 and conditions can continue to grow, but at what point are 21 conditions so much that the plan, itself should just be redone? 22 Now, I will tell you this. We' re amenable to the church staying 23 there and having a legitimately moderate growth in its size. 24 Yes, there' s discussions that we can have on that, but at its 25 current rate of expansion there is no way they have enough 38 1 property to satisfy what is identified in their own traffic 2 study the required number of parking spaces . Remember, that 50 3 that they talked about about that house, that wasn' t even in the 4 plan for ten to fifteen years . They were not even going to put 5 that into their plan on the original submission for their third 6 phase of construction whish occurred ten to fifteen years down 7 the road. It wasn' t up front. 8 9 VICE-CHAIR THORNTON: Let me ask it again. If they build 10 the building that they have set forth 11 and given us to consider, and they have enough parking on that 12 property across the street and as we 've seen and including that 13 piece where the house is, would you all be willing to work with 14 them on this plan? 15 16 KEVIN BRENNAN: I would argue right now on the 17 current plan, no, we' re not, with the 18 size of the expansion. 19 20 VICE-CHAIR THORNTON: Thank you. That' s my question. 21 22 CHAIRMAN HODGSON: Are there any other questions? 23 Mr. Russo? 24 25 SECRETARY RUSSO: Sir, our report indicates that with I II 39 1 the expansion that they go from 62 to 2 181 spaces . 3 4 KEVIN BRENNAN: That is correct. That' s what we ' re 5 tracking, as well. 6 7 SECRETARY RUSSO: Let me ask you this. Do you know how 8 far the parking extends to on Bald 9 Eagle on Sundays? 10 11 KEVIN BRENNAN: It all depends on the number of cars 12 that are backed up. So, it can extend 13 down Bald Eagle past where the parking -- where 2821 Bald Eagle 14 Road is . They also expand into other side streets . It all 15 depends on where they park. 16 17 SECRETARY RUSSO: Where is the longest that you've ever 18 seen this extending to? 19 20 CHAIRMAN HODGSON: Use the pointer right there. 21 22 KEVIN BRENNAN: So, here are Chestwood, Bald Eagle, 23 there' s been parking that' s backed all 24 the way up to here, all the way through this development, and 25 all the way down through here at times . 40 1 2 SECRETARY RUSSO: And do you have any idea of the 3 number of cars? 4 5 KEVIN BRENNAN: On the average, the number of cars 6 that park in the neighborhood is 7 between 40 and 50, currently; between 40 and 50, is the average. 8 9 SECRETARY RUSSO: Well, the pastor stated by leveling 10 the house they' re going to obtain 11 about 50 to 60 additional spaces then for parking. 12 13 KEVIN BRENNAN: Yes . 14 15 SECRETARY RUSSO: So, wouldn' t that eliminate the 16 problem in the neighborhood? 17 18 KEVIN BRENNAN: Well, that' s also taking into 19 consideration that people park across 20 the road. Now, if you remove those from the streets around our 21 neighborhood, who' s to say that the ones that currently have to 22 park across the road wouldn't then say "well, now there' s spots 23 available for me to park there, and I don't have to walk a mile 24 into Holland Pines to get a spot" . What you' re saying is 25 pulling off of there to equal the number of spots out of our 41 1 neighborhood would alleviate the problem, and it doesn' t because 2 the capacity that they have within the church requires them to 3 have more spaces than they can put on that limited space of 4 ground. 5 6 SECRETARY RUSSO: Okay. But by eliminating the house 7 and putting up the fencing and the 8 Category 6, you' re restricting people' s ability to walk from 9 Bald Eagle, so they would have to park across the street. 10 11 KEVIN BRENNAN: No, sir. They would continue to park 12 down Chestwood and all the way up Bald 13 Eagle and up through Rose Petal and walk down and enter the 14 church over here, which they currently do. They don' t walk 15 currently through that residence. They walk down Chestwood 16 Drive and walk into the church. Parking is all up this road and 17 then turns up this road into here. 18 19 SECRETARY RUSSO: Are you sure that' s going to happen? 20 It seems like a shorter walk from 21 across Holland Road. 22 23 KEVIN BRENNAN: It already occurs. It ' s not do I 24 think that' s going to happen. It 25 already happens . And I would argue this, you put in that 42 1 four-lane divided highway, how many people here would walk 2 across Dam Neck Road? Dam Neck Road is a four-lane divided 3 highway at 45 miles an hour in most areas . I would argue, you 4 put that in on that road, and their crossing guards, while they 5 do great work, are they really going to stop somebody that' s 6 speeding down that road at 45 miles an hour? That is not 7 expected. Or are they going to wait for a shuttle bus? And how 8 is the shuttle bus going to get in and out of that property 9 across the road? It' s undeveloped. 10 11 SECRETARY RUSSO: Now, as far as the hours on Sunday, 12 what time period is this parking issue 13 a problem? 14 15 KEVIN BRENNAN: The predominant time frames when the 16 parking occurs and it' s bad is at the 17 10: 45 service. But we have spoken with the church many times, 18 and they have never been amenable to changing their hours . Now, 19 I grant it they're saying they will now. That ' s great and we 20 would hope that they do. Let' s see it done first to alleviate 21 the problem they have now as opposed to you say you' re going to 22 do it in the future and all of a sudden we have the problem. It 23 should have been implemented already and it hasn't been. 24 25 SECRETARY RUSSO: And then finally, you bring up the 43 1 Comp Plan, and apparently you 2 recognize the work and the value of the church, but if you 3 restrict the expansion where are they going to go? 4 5 KEVIN BRENNAN: So, the church has already looked to 6 other areas to expand. Why does -- 7 because they have a want and a need, they want to expand and 8 they want to expand here. They had wanted to expand at one 9 point someplace else, so it isn' t a -- it ' s their want to expand 10 this site . It ' s not a need to expand this site. They can move 11 somewhere else. The name "Piney Grove Baptist Church" is 12 historical, there ' s no doubt, but they were willing already at 13 one point to move to Salem Road. Why then do their needs have 14 to be met in this location? They've only been at the present 15 location since 1989. And though I loved the 80s, I 'm a child of 16 the 80s, I would say there' s not a whole lot of historical value 17 structures that have come out of the 80s. 18 19 SECRETARY RUSSO: Well, I guess their response to that 20 would be why don' t you move? 21 22 KEVIN BRENNAN: Absolutely. When I bought the 23 property -- was in the neighborhood 24 that are zoned for R-10 or R-75, and that conditional use for 25 2821 was already approved by this board years ago to be I III 44 1 conditionally used as a property. We bought it with that intent 2 in mind. We have a holistic neighborhood in place. They have 3 the ability to move. They have already desired to do it once 4 before. So, their expansion of their current growth, we ' re not 5 saying don' t expand. We ' re just saying don't expand as much as 6 you are. 7 8 CHAIRMAN HODGSON: Mrs . Oliver? 9 10 COMMISSIONER OLIVER: I have a question. Right now, from 11 what I understand, and correct me if 12 I 'm wrong, they're parked in the neighborhood streets because 13 the lot that they have is full and the lot across the street is 14 full, correct? 15 16 KEVIN BRENNAN: That is not correct. 17 18 COMMISSIONER OLIVER: The lot across the street is not 19 full? They just choose to park down 20 the street because it ' s closer? 21 22 KEVIN BRENNAN: That is correct. If you go there on 23 a Sunday morning, ma' am, and you look, 24 the parking lot across the street and the parking lot in the 25 church isn' t even full, and they' re still parking on the street 45 1 at that point. The parking lot across, even in their own 2 numbers they showed you, 69. If they' re saying 80 cars can park 3 there, on their own study they' ll have 69 cars parked there and 4 49 parked in the neighborhood. That tells you that their 80 5 spots that they say they have in that area isn' t a true 80 spots 6 that they have; otherwise, the numbers would show 80 people in 7 that spot and less by 20 inside the neighborhood. 8 9 COMMISSIONER OLIVER: So, let' s fast forward a bit and they 10 go to the expansion and they level the 11 house. And where the trees are they make a parking lot, and 12 they keep the parking lot across the street and it' s made so 13 that everybody can park. From what I 'm gathering from you now, 14 it ' s just not a great parking lot, so they prefer to park on the 15 paved streets, right? 16 17 KEVIN BRENNAN: Yes . 18 19 COMMISSIONER OLIVER: Is that what you' re saying? 20 21 KEVIN BRENNAN: Or not walk across a four-lane 22 highway, or two lane, at this point. 23 That' s my only guess . I can' t read their minds of why they 24 choose a neighborhood over that. I just know they choose the 25 neighborhood over that. I III 46 1 2 COMMISSIONER OLIVER: Right. So, if he expands his parking 3 lot, takes down the house, razes the 4 tree lot, and they have crush and run across the street, do you 5 not think everybody will park in those parking lots? 6 7 KEVIN BRENNAN: No, because you still aren' t going to 8 have enough. The sheer numbers in 9 their own study tell you that. If you gave -- there' s 181 plus 10 50, that get ' s us to about 240-ish, right? And another 80 11 across the road gets us up in to the 300 range. 12 13 COMMISSIONER OLIVER: If he changes his service times, 14 because I go to church on Sundays 15 pretty much every Sunday and I 'm not a 7 : 45 person, I 'm a 9: 15 16 person, 11 : 00 is too late for me, if he changes probably his 17 services, because most everybody likes to go a little bit later, 18 to a 9: 00 and 11 : 00, I 'm assuming his numbers for his 11 : 00 19 service are a lot higher than his 8 : 00 service. 20 21 KEVIN BRENNAN: Their numbers show that, yes, ma'am. 22 23 COMMISSIONER OLIVER: That' s where you' re seeing the 24 overflow, correct? 25 li 47 1 KEVIN BRENNAN: Currently, currently. 2 3 COMMISSIONER OLIVER: You' re not seeing them at the 7: 45 . 4 5 KEVIN BRENNAN: Not -- special occasions, but that' s 6 normal. 7 8 COMMISSIONER OLIVER: Mother' s Day or something like that. 9 That should split the congregation a 10 little bit so that you don' t have that overflow; wouldn' t you 11 think that? 12 13 KEVIN BRENNAN: I would agree that adjusting the 14 times would have some kind of impacts . 15 However, I would argue to the Commission and say do that now. 16 Implement that for the next 60 to 100 days or whatever it takes 17 and see if the numbers change, and have another traffic study 18 done with another application that addresses the residents at 19 2829 Bald Eagle Road and addresses building out a parking lot 20 across the street; not make it as a condition, but make it as a 21 part of the overall plan for them to build so that way a true 22 debate and discussion can be had about what they' re going 23 forward with and why. 24 25 COMrMISSIONER OLIVER: So, am I hearing you correctly where 48 1 you would prefer him to develop the 2 piece of property across the street; did I just hear you say 3 that? I mean, I might have misunderstood you, that if he splits 4 the services and then develops the piece of property across the 5 street to make that his parking lot versus the one next to him? 6 7 KEVIN BRENNAN: I 'm saying that is not something that 8 we have seen in a proposal brought 9 forward to go through the process that we ' re sitting here today. 10 I would argue that they need to go back, that ' s why I say if you 11 say no on this proposal, because this proposal has drastic 12 impacts on our community, we would like the church to go back 13 and rework their complete proposal, not defer it, but vote down 14 it and say you have more options available to you. Let' s take a 15 better look at this and go back to square one and start again 16 and come forward with a realistic plan for an expansion that is 17 moderate, not an extreme, and that takes in the community' s 18 interests, the City' s interests, and the overall suburban area. 19 20 CHAIRMAN HODGSON: Any other questions? Dr. Kwasny? 21 22 COMMISSIONER KWASNY: So, you also want them to address the 23 size and scale of the building, is 24 what you' re saying, because you keep using the term expansion, 25 so I 'm assuming that what you mean is that if they were to go 49 1 back to square one, which could be costly for them to do, they 2 would need to address the expansion; meaning, the building, the 3 scale of the sanctuary, as well? 4 5 KEVIN BRENNAN: Absolutely, because part of the 6 expansion of the sanctuary takes the 7 size of the building on a 2 1/2 approximate parcel, when you 8 include everything, 2 1/2 approximate acres . You' re putting a 9 27, 000 square foot building on that property. And the current 10 process that ' s in front of you, even though you put a condition 11 for them not to use the other part of it, if they have a max 12 capacity crowd, and they have that, and they start consistently 13 doing that, from day 1 the size of the scope of the structure 14 and everything else that ' s being placed there far exceeds what 15 can be reasonably expected to be held within that property. It 16 is going to affect everybody else. Our argument is that it 17 absolutely will affect us on the size and scope of what they' re 18 doing. Did that answer your question? 19 20 COMMISSIONER KWASNY: Uh-huh. 21 22 CHAIRMAN HODGSON: Any other questions? Thank you, sir. 23 24 KEVIN BRENNAN: Thank you very much for your time. 25 50 1 CHAIRMAN HODGSON: Thanks . 2 3 SECRETARY RUSSO: Our next speaker is Martin Cochran. 4 5 MARTIN COCHRAN: Good afternoon, Commissioners . My 6 name is Martin Cochran, and I reside 7 at 1804 Chestwood Drive in Holland Pines. The neighborhood has 8 always been a great host to Piney Grove Baptist Church over the 9 last twenty years, as they have utilized the streets in the 10 neighborhood to satisfy their weekly needs for parking. We do 11 not have a problem with the church being here. We also do not 12 have a problem with the church expanding. The problem the 13 neighborhood has is the scale of this project . 14 15 The parcel in which they are trying to put a 27, 000 square foot 16 building is not large enough for such a building and still be 17 able to satisfy the parking needs to accommodate such a sized 18 structure. This project is going to be 3, 000 square feet short 19 of tripling this size of the building. The church is wanting to 20 expand the capacity from their current 420 seats to 835 seats, 21 practically doubling their occupancy. 22 23 Currently, on any given 10 : 45 Sunday service there are 200-plus 24 cars attending Piney Grove Baptist Church, specifically 217 on 25 this past Sunday. We are aware that the City' s parking 51. 1 requirement is 5 to 1, but based on the numbers given to us in 2 the traffic impact assessment, the counts we have made, and the 3 attendance numbers given to the core group of neighbors by the 4 church in the 5/22 meeting, the ratio is a more realistic 2 . 3 to 5 1 . 6 7 Doing simple math, if you have 835 members with an average of 8 2 . 3 members per car, you' re going to have 363 cars . The 9 expanded church lot is going to be 181 spaces . The 10 non-conforming lot on the west side of Holland Road can 11 accommodate 80 spaces . This gives the church 260 spaces . The 12 remaining cars would be parked in Holland Pines . If the church 13 maxes its potential, we could be looking at 100-plus cars in our 14 neighborhood. 15 16 Based on the TIA Page ES-2 Section 5 under Site Layout, the 17 report states the expansion of the existing parking area from 62 18 spaces to 181 spaces should satisfy parking for the present 19 attendants. The TIA Report is stating that expanding the lot 20 will only satisfy the current parking. The church has mentioned 21 that it isn' t planning to max out its capacity, which is hard to 22 believe that you would build a $4 million building and not max 23 out its potential . If you build a building that size with that 24 many seats, they will come. There is no way to stop them, nor 25 would any pastor of any church want to stop potential guests . 52 1 There is no way mathematically the traffic is not going to 2 either overflow in the gravel lot across Holland Road or spill 3 in the neighborhood more than it currently is . 4 5 In our meeting with the applicant, there has been a notion that 6 they don' t know if they will fill seats and, therefore, don' t 7 think parking will be an issue. Traffic and Engineering doesn' t 8 think Holland Pines and Holland Oaks will see additional traffic 9 in the neighborhood. The church says if parking becomes 10 persistent in the neighborhood and across Holland Road in a 11 gravel lot then they will try other alternatives . With all due 12 respect, the City Officials and all of those involved in this 13 project being treated with all kinds of ifs, maybes, and don't 14 think certain things will happen, we feel this is being treated 15 too much on a reactive basis instead of proactive. As I stated 16 earlier, we don't have a problem with the church, simply the 17 scale of the church. I know my light is blinking. 18 19 CHAIRMAN HODGSON: Thank you. Thank you for recognizing 20 that. Are there any questions for 21 Mr. Cochran? 22 23 COMMISSIONER: Where do you live? 24 25 MARTIN COCHRAN: 1804 Chestwood and Holland Pines . 53 1 Down another block, that' s Bald Eagle. 2 3 CHAIRMAN HODGSON: Any other questions? Thank you, sir. 4 5 SECRETARY RUSSO: Our next speaker is David Elchert. 6 7 DAVID ELCHERT: Mr. Chairman, Fellow Commissioners, 8 my name is David Elchert, and I 've 9 been a resident of Holland Pines for five years. I had some 10 prepared statements, but my colleagues have covered a lot of the 11 points, so I ' ll try to talk only about new things. 12 13 One of the things that I think we haven' t talked much about yet 14 is we 've talked about the parking but not so much about the 15 traffic that could occur in the neighborhood. And as it was 16 mentioned earlier, there ' s going to be a light at Sugar Maple 17 but not at Chestwood. So, what already happens is that there 18 are people that as you know 80% of the people come from the 19 north, and there are already people that are going down Sugar 20 Maple, coming down Bald Eagle, and coming up this way in order 21 to park in the neighborhood. 22 23 Now, there' s going to be a new curb cut for the parking lot at 24 this location here, and so the problem is going to be that with 25 the light down on Holland Road and Sugar Maple people are going 54 1 to want to go through the neighborhood, come around, then go in 2 this new entrance that ' s coming in over here. That ' s going to 3 be a problem, because let' s say that this parking lot fills up. 4 People coming around here and trying to go in there, people 5 coming from Holland Road and trying to go in there and it ' s 6 full, what are they going to do, back up? So, we' re very 7 concerned about the amount of traffic that' s going to be going 8 through the neighborhood. And I think it will be increased 9 traffic because there is already traffic and it will be worse 10 than that. 11 12 And one thing I 'd also like to point out is that, as Martin 13 said, there' s a lot of what ifs . I think even here we've been 14 asking, and Mrs . Oliver also asked some questions about what if 15 we were able to use the parking where the residence is and so 16 on, and there are so many what ifs . I think Martin said it 17 right in that we really are asking for the Commission to not 18 approve this particular application, have the church go back and. 19 figure out one that really works, that satisfies the what ifs, 20 and there ' s a really definite plan to doing that . 21 22 So, thank you for your time. If you have any questions, I 'd be 23 glad to answer them. 24 25 CHAIRMAN HODGSON: Mr. Thornton? ' III 55 1 2 VICE-CHAIR THORNTON: You are aware of the fact, you 3 mentioned the curb cut at Chestwood, 4 there' s going to be new curb cut at Chestwood and Holland Road. 5 That' s not going to be the only way to get in, if you look at 6 that plan. 7 8 DAVID ELCHERT: Right, there' s this one here, which 9 is the one that exists already. 10 11 VICE-CHAIR THORNTON: That does, today? 12 13 DAVID ELCHERT: Yes . 14 15 VICE-CHAIR THORNTON: Well, it ' s going to go into that new 16 parking area. So, you've got the vast 17 majority of the parking for this expansion is going to be 18 through that entrance there, not through the one around the 19 Chestwood the side. 20 21 DAVID ELCHERT: I don' t agree, and the reason is 22 because, as we said in the traffic 23 studies, 80% of the people are coming in this direction. 24 25 VICE-CHAIR THORNTON: Well, they've got to make a left turn 56 1 or a U-turn. 2 3 DAVID ELCHERT: They' re going to make a left turn 4 here and they' re going to go in that 5 way. And then there' s people that are going to go down Sugar 6 Maple, and they' re going to come down this way to gain entrance 7 to that point, as well. 8 9 CHAIRMAN HODGSON: Any other questions? Thank you. 10 11 SECRETARY RUSSO: Our next speaker is Ron Clark. 12 13 CHAIRMAN HODGSON: Good afternoon. 14 15 RON CLARK: Good afternoon. My name is Ron 16 Clark. I live on Chestwood Drive. 17 I 'm the second house, second block. I among 98 . 99 of the other 18 residents on Chestwood Drive, Holland Pines, would like to see 19 this entire projects shelved. I saw some conditions this 20 morning for the very, very first time, and, again, I was at the 21 meeting this morning, the first time I had a chance to see these 22 conditions . On the very bottom of the sheet, they' re talking 23 about holding a service on the weeknights; that ' s not going to 24 happen. 25 li 57 1 Remote parking, if that was the case they would have been doing 2 it . They wouldn' t be parking on both sides of Chestwood Drive 3 as they have for quite some time. They'd have done that some 4 time ago. Valet parking isn' t going to happen. Heck, you can' t 5 get sailors to carpool, and you' re going to get people from 6 wherever to carpool? Not going to happen. These are just -- 7 and what I heard this morning about all the ideas about 8 compromise, never heard it until this morning, and I 've been to 9 most of these meetings. 10 11 A lot of their numbers aren't right. A lady was trying to get a 12 number count this past Sunday, was met with optimism. My 13 daughter came to visit me this past Sunday, and they' re trained 14 certified crossing guard put his hand inside my daughter' s 15 vehicle. This has been going on and on and on. And I just can' 16 tell you, who, these conditions that I saw today, who is going 17 to modify them? Who' s going to enforce them? Like was said 18 earlier, if there' s all these things that we' re going to do, how 19 come they haven't been done? 20 21 Modifying service times, how come they haven' t been done? I 22 urge you, I besiege you, I 'm not a speaker, I 'm a 29-year Navy 23 Vet, don't ruin our neighborhood by increased traffic worse than 24 it already is . There is parking on both sides of the street 25 down Bald Eagle, and when they double the size, triple the size 58 1 of their sanctuary, it' s got to get worse than what their 2 rough underestimates is. I urge you to listen to the 3 community and table this whole idea and defer it . Just table 4 it. And if you have any questions, I 'd love to try to answer 5 them. 6 7 CHAIRMAN HODGSON: Mr. Inman? 8 9 COMMISSIONER INMAN: About how long have cars been parked? 10 How many months, years, have cars been 11 parking in front of your house for church services at that 12 church? 13 14 RON CLARK: Not quite in front of my house . I 'm 15 on the second block. They pretty much 16 are on the entire first block and down Bald Eagle, both sides. 17 18 COMMISSIONER INMAN: I 'm interested in what you just told 19 me, but I want to ask again. How many 20 times have they parked in front of your house? 21 22 RON CLARK: My specific house? 23 24 COMMISSIONER INMAN: In front of your house. 25 59 1 RON CLARK: Not yet. 2 3 COMMISSIONER INMAN: Not yet? 4 5 RON CLARK: But we haven' t tripled the size yet, 6 sir. 7 8 COMMISSIONER INMAN: I understand. How long have you 9 observed parking on Bald Eagle Road 10 going on on a significant scale on every Sunday? How long has 11 that been going on? 12 13 RON CLARK: Months, if not years . 14 15 COMMISSIONER INMAN: Can you be a little more precise now, 16 since you live there? 17 18 RON CLARK: I guess, probably since I 've been 19 knowledgeable about this expansion, I 20 guess I 've been more interested in it. Nobody wants a parking 21 lot in their yard. You guys don' t, either. 22 23 COMMISSIONER INMAN: We' re trying to get -- sir, I 24 appreciate what you' re saying -- we ' re 25 trying to get some really precise facts to deal with, because 60 1 that' s what we've got to deal with, so I 'm just asking you if 2 you can quantify at all the length of time that you've seen lots 3 of parking on Sundays, anytime on Sunday, people that appear to 4 be attending this church on Bald Eagle Road, how long has this 5 been going on? 6 7 RON CLARK: Months, if not years . 8 9 COMMISSIONER INMAN: Okay. 10 11 RON CLARK: And wait until it triples. 12 13 CHAIRMAN HODGSON: Mr. Brockwell? 14 15 COMMISSIONER BROCKWELL: Do you share your colleague' s 16 sentiment that you would support an 17 expansion just not on the scope that ' s being proposed? 18 19 RON CLARK: I don' t think anybody really has 20 identified that as what they would 21 want. They' re already going to triple the size of that 22 building. They've only got so much place to park. It ' s going 23 to spill right out over back onto our streets as it is, making 24 it difficult to get in and out of our neighborhoods . And I 've 25 asked the pastor this several times, I 've asked the deacons, and 61 1 his staff, if other churches think it' s a good idea to hire a 2 uniformed police officer to direct traffic, such as London 3 Bridge Baptist and Grace Bible, how come they don' t feel it' s 4 important? How come I have personally been cussed at, and how 5 come as late as this past week that individual has put his hand 6 inside my daughter' s vehicle? This guy, while he may be 7 certified, doesn' t make you able to do the job well . All that 8 individual is doing is fostering continued scuffling between the. 9 church and the neighbors who live there. 10 11 The neighbors in that community do not want this expansion, 12 period, do not . We all -- it ' s growing and growing and growing, 13 but there ' s a very strong presence that, well, because the Salem 14 Road project wasn' t afforded to them, now this one is going to 15 get through come hell or high water. That' s what the community 16 people think. I 'm just being honest . There is going to be 17 wheels greased so that this project takes place. The community 18 believes that there' s many backdoor conversations, and this will. 19 happen whether we want it or not. That ' s what the neighbors 20 believe, and that ' s sad. No matter the facts, that' s the 21 perception. 22 23 CHAIRMAN HODGSON: Any other? Mr. Thornton? 24 25 VICE-CHAIR THORNTON: Let me make sure I understand what I 62 1 think I just heard you say. Even if 2 the parking gets fixed, the neighborhood and the community does 3 not want this church to grow. 4 5 RON CLARK: You' re making it sound like we' re 6 heartless . 7 8 VICE-CHAIR THORNTON: No, no. 9 10 RON CLARK: You' re making it sound like we ' re not 11 God-loving people. I 'm a saved 12 Christian. I attend every Sunday, basically, but what you' re 13 making it sound like, we' re against the church. 14 15 VICE-CHAIR THORNTON: No, I -- 16 17 RON CLARK: What we' re against is encroaching 18 into our neighborhood. They wanted to 19 leave and chose not to. There just isn't the numbers and the 20 math, the arithmetic, 2 and 2 is never going to be 6. I don' t 21 care how bad the people behind the back doors want it to be, 2 22 and 2 is never going to be 6. It ' s just not. And this school 23 for the bad boys, nobody wants that, as well. That ' s been 24 forced upon us, as well. All these -- 25 63 1 CHAIRMAN HODGSON: Please, hold your comments . 2 3 RON CLARK: -- anyway, I just want to reiterate 4 the fact that overwhelmingly the 5 community, the neighbors of Holland Pines, do not want that 6 expansion. 7 8 CHAIRMAN HODGSON: Any other questions for Mr. Clark? 9 Thank you, sir. 10 11 SECRETARY RUSSO: Our next speaker is Lisa Hartman. 12 13 CHAIRMAN HODGSON: Good afternoon. 14 15 LISA HARTMAN: Hi . I 'm representing Christopher 16 Farms neighborhood, so do I get ten 17 minutes? I 'm the Vice President of the Home Owners ' 18 Association. 19 20 CHAIRMAN HODGSON: Sure, yes . 21 22 LISA HARTMAN: I 'm sorry, just one minute. I wasn' t 23 prepared to come right up. I was 24 thinking it was going to take a while for me to come up. 25 There' s no denying the historical aspect of the church. The 64 1 original two churches were actually across Holland Road close to 2 where some of the founding members, the pastors, are buried, and 3 the graves are still existing today. They've been uplifting the 4 community for many years . There is no denying that they've had 5 a positive impact on the community. 6 7 Piney Grove Baptist Church has a conditional use permit for its 8 current AG-2 zoning. The conditional use permit was approved 9 October 12, 2009, and it was for the portable building that 10 actually was only for five years, so that expired in October of 11 2014 . So, I 'm sure that they' re using it and maybe that' s 12 non-conforming anyway. The problem exists with not the church 13 in the community and the people that go there. It ' s really the 14 traffic problem. I know it presents a problem for their 15 neighborhood and Holland Pines and Woods of Piney Grove, but it 16 also is not going to start affecting Christopher Farms . 17 18 On their current three busiest Sundays of the year, they use 19 Christopher Farms Elementary as a satellite site to take people 20 back and forth to Piney Grove Baptist Church. Three days a year 21 is not a big deal, but their current parking lot is not 22 sufficient to meet the needs that they have and then continuing 23 to grow that is also not going to meet the need. While it meets 24 the City' s code, the one space for every five people, in reality 25 it' s more like a 1 : 2 ratio. 65 1 2 And even a lot of the people that represent churches and help 3 them grow recommend one space for every two people. But what' s 4 going to happen is they' re going to start having to use that 5 overflow parking more and more as Holland Road is expanded. 6 Even this past Sunday they were outside of where they've already 7 marked off for Holland Road to be expanded. They were parked on. 8 the Holland Road side of that, even though it was still their 9 property, or actually they may have sold it to the City, but 10 they were outside of that. So, they are exploding. And as 11 wonderful as that is for a church, it' s not great for traffic 12 and the situation of the safety of the parishioners, but also 13 the safety of the people of the neighborhood. 14 15 And now we' re going to add extra impact to Holland Road that 16 we' re spending $58 million. It' s VDOT, it' s not just the City; 17 it' s a State-funded project that combines with the Seaboard Road. 18 and Princess Anne Road and Nimmo Parkway expansion, which is a 19 total of $108 million they've put into this area to redirect 20 traffic. Holland Road is going to be a major thoroughfare in 21 this -- or a minor artery in this area. So, when they start 22 taking people from -- shuttling people to Christopher Farms 23 Elementary, to get to Christopher Farms Elementary, you actually 24 have to drive into our neighborhood. It' s not accessible from 25 Holland Road. So, that' s going to present a problem for our 66 1 neighborhood. 2 3 And traffic is already getting really bad from the new -- from 4 the Holland Road expansion. It' s not going to be finished until 5 2017 . I don't foresee this getting any better with the church. 6 Another thing that I wanted to point out is that while the 7 church has owned the property that it' s currently on for many 8 years, when you pull the deed it' s dated- July 5, 1776. And 9 while I love the history of the church, I 've actually researched 10 a lot of the history with the church for other projects, but the 11 property they purchased adjacent to it actually was just 12 purchased last year, it ' s zoned, it was zoned AG-2, it' s still 13 zoned AG-2, and if you treat that independently one of the 14 neighbors wouldn' t have been able to buy that property, raze the 15 house, and develop a parking lot. 16 17 So, they' re separate properties . There may be some things that 18 are grandfathered because of the date of their deed for the 19 property where the church is, but understand that that property 20 adjacent to it where they want to raze the house and build a 21 parking lot is next door, and it was just purchased. So, 22 putting a parking lot on an AG-2 is not permissible under 23 conditional use nor AG-2 zoning. 24 25 So, I think combining the two, knowing they were purchased at 67 1 different times is a little bit, I don' t know the word I 'm 2 trying to think of, but it' s just by combining the two it ' s 3 almost like they' re trying to force it when really you should 4 look at it in a vacuum. It' s just like if the neighbor next 5 door to that had bought that home and they wanted to put a 6 parking lot, it just wouldn't be allowed. 7 8 Additionally, one of the things about the parking, it was funny 9 because while I 've been traveling Holland Road for many years on. 10 Sundays, and every now and then I get stopped by people walking 11 across to the church, and it' s just something you have to 12 account for on Sundays understanding the time. It wasn't until 13 this past weekend when I was taking my son to a friend' s house 14 in Holland Pines, and when I pulled onto the street it is lined 15 on both sides. The entrance to the neighborhood is lined on 16 both sides; the entire length of the street, both sides. 17 There ' s a median in the middle, so there' s room for one car on 18 one side and one car on the other, but just one car. 19 20 When you get up to where the median ends, I actually had to kind 21 of pull over behind one of the parked cars to let a very small 22 car through. I don' t have a giant vehicle. But there wasn' t 23 enough room for two of us to get through where it actually 24 bottlenecks and there' s people lined on both sides of the 25 street. I was shocked to see how many cars were in that 68 1 neighborhood, I really was . I 've always seen the parking lot 2 full, the lot across the street full, but within that 3 neighborhood it was excessive. 4 5 I just think allowing them to expand beyond their current 6 footprint what they' re actually able to house within their 7 boundaries is not conducive to not only the neighborhood but 8 everybody that travels and that paid for those roads. The $118 9 million that went into those roads to stop a four-lane traffic 10 for people to go back and forth is ridiculous . And also, if you. 11 go to where the median is, the current, there is not going to be 12 access . I know somebody kind of brushed on that a little bit, 13 but there' s not going to be any access turning left except to go 14 onto Chestwood Drive. So, they would essentially have to make a 15 U-turn or turn onto Chestwood Drive. 16 17 And I understood that the conditions would be where the parking 18 lot is that' s all the property that they purchased last year. 19 So, it' s essentially they purchased a property put in a parking 20 lot, but it' s AG-2 . You can' t do that with AG-2, nor can you do 21 that with AG-2 Conditional Zoning, put in a parking lot. They 22 also are using the parking lot across the street. They've been 23 doing that for many years. And just something struck me kind of 24 funny, and I 'm wondering how they' re able to use that weekly 25 without a permit or a special permit, yet in Pungo recently you 69 1 just had the same situation where somebody was trying to use 2 property without a permit, a special permit, and they were 3 actually blocked by police. So, I 'm not sure that I understand 4 why they' re allowed to do it without a permit and other people 5 can't. That was just a side thing. 6 7 So, when you come along, there' s a median. What Traffic and 8 Engineering said is that they can not put two entrances in so 9 that people can access it back from Chestwood Bend making a left 10 into there. It' s too close to the turn into Chestwood. There 11 will not be a light there or a flashing light or anything. So, 12 I mean, it ' s going to be problematic, and I 'm not sure that as a 13 church goer I go to a church that we cross a divided highway to 14 go to the church. There would be no one waiting for a shuttle 15 to go across . I mean, we'd be walking across the parking lot. 16 There' s people now that don' t even wait going to my church at 17 the sidewalk. I mean, they' re just walking across the street. 18 It' s a beach. It' s very busy down there in the summertime and 19 there' s always problems . 20 21 With this being an arterial road in this area and trying to 22 steer traffic away from Princess Anne Road with the building of 23 Nimmo, Seaboard, and expansion of Princess Anne, this is going 24 to cause a problem. This is going to add extra traffic onto the 25 road, and it ' s not just Sunday. They start service at 7 : 45 and 70 1 in-between the services they have a Bible study. It' s going to 2 be weddings . It' s going to be church. It ' s going to be 3 funerals. It' s going to be Wednesday night services. It ' s 4 going to be everything that they do, every ministry that they 5 have is going to affect the traffic in the area. So, I just 6 want that to be considered. 7 8 The 420 people that they currently have, or the 420 seats that 9 they currently have, if they expand to the 835, even if 70% of 10 the people come, if they only fill at 70%, at 80% it feels full . 11 At 70% capacity they are going to need an additional 111 spaces 12 in addition to the 118, based on one space for every two people. 13 So, I mean, I feel like you' re almost setting them up for 14 failure by allowing this to happen. They' re going to expand 15 beyond their capabilities, and then they are going to want to 16 raze the house. Even if they' re not going to now, they' re going 17 to have to or want to in the future just to continue, just to be 18 able to support what they already have, which it will affect the 19 neighborhood. 20 21 CHAIRMAN HODGSON: Any questions for Mrs. Hartman? 22 Thank you. 23 24 LISA HARTMAN: Really? That guy stood up here for 25 so long. 71 1 2 SECRETARY RUSSO: Our next speaker is Robert Valentine. 3 4 ROBERT VALENTINE: Good afternoon, Commissioners . 5 6 CHAIRMAN HODGSON: Good afternoon. 7 8 ROBERT VALENTINE: My name is Robert Valentine. I 'm a 9 13-year resident of Holland Pines and 10 a 25-year veteran of the Virginia Beach Fire Department, 11 recently retired. It ' s important to know that every concern 12 raised by the residents today all goes back to one key factor: 13 Safety of the community, its residents, as well as the safety of 14 the church parishioners . 15 16 Safety is relative to the insufficient parking which currently 17 exists and will only get worse with the expansion, as well as 18 the increased traffic on our community streets by parishioners 19 where children and residents play, walk, and bike. 20 Additionally, parishioners walk from their cars in our community 21 streets to the church with no sidewalks . We have repeatedly 22 been told that there are some churches in our communities that 23 have no issues like we do. No other church in the City relies 24 on the neighboring for so much of its parking as Piney Grove 25 Baptist Church does with Holland Pines . All of the other 72 1 churches are self-contained and they have adequate parking on 2 their own campus without affecting the surrounding communities . 3 4 In referencing the facts, the TIA' s numbers don' t lie. The 5 City' s guide of five passengers to one car is unrealistic. The 6 TIA figures actually show 2 .3 passengers per vehicle with their 7 current 435-seat sanctuary. Based on those factual figures, the 8 proposed expansion, which will have 181 parking spaces is 9 actually and ironically enough to accommodate their current 10 congregation and their current number of vehicles parking on 11 Sunday. 12 13 Page 9 of the TIA states on Sunday, September 28, there were 62 14 vehicles in the main parking lot, 69 vehicles across Holland 15 Road in the overflow parking lot, and 49 vehicles using 16 on-street parking in the community, totalling 180 cars . Based 17 on the TIA figures, the 835-seat expansion would actually need 18 or require 363 parking spaces . They don' t have the land for 19 this, which means that many more cars will be parked and 20 traversing through Holland Pines and Holland Oaks. Many of 21 these cars will traverse through the communities multiple times 22 trying to access the limited and insufficient church parking 23 again, causing major safety issues . 24 25 Holland Pines has been an exceptionally good neighbor to the 111 73 1 church for 20 years. Having said that, there is a reasonable 2 amount of parking and traffic and then there is unreasonable. 3 Their expansion will create unreasonable increase that affects 4 our safety and quality of life. The church has a dirt lot 5 across Holland Road, which is currently being used on a weekly 6 basis . They have proposed that they could put 200 cars in that 7 lot in the future as a counter measure for parking needs, yet 8 the City has repeatedly said they do not want pedestrians 9 crossing a four-lane road without a stoplight . 10 11 In addition, the community adjacent to this lot could petition 12 the CUP for that lot in their backyards . This possible option 13 to accommodate the expansion is unrealistic. At best, it should. 14 be taken off the table for both of these reasons . Why in the 15 world would the Planning Commission even entertain the expansion. 16 when the church can' t even resolve their current parking 17 problems without relying so heavily on the community? Thank 18 you. 19 20 CHAIRMAN HODGSON: Any questions? Thank you very much. 21 22 SECRETARY RUSSO: Our next speaker is Donna Willey. 23 24 DONNA WILLEY: I 'm a little nervous, so, please, 25 bear with me. I did want to comment 74 1 on the statement that was made "well, the church could ask us to 2 move, as well" . 3 4 CHAIRMAN HODGSON: Can you pull the mike down just a 5 little bit? 6 7 DONNA WILLEY: In reference to the comment that you 8 made, the church could very well ask 9 us why don' t we move, the church was well aware that these 600 10 homes have resided here before their expansion plans began. 11 We' re not the ones expanding. I just wanted to kind of make 12 note of that. And we have sent pictures that do show cars 13 parking throughout our neighborhood. My church -- I mean, my 14 house is right beside the house that is in question of being 15 demolished, so I can tell you I 've lived there for 18 years and 16 the cars are always parked down my street, in front of my 17 house, in front of other homes, and that' s been continuous for 18 18 years every Sunday. I just wanted to kind of -- 19 20 CHAIRMAN HODGSON: Can you use the pointer to show where 21 your house is just in reference? 22 There' s a pointer right in front of you there, just for 23 reference. 24 25 DONNA WILLEY: Bald Eagle Road is right here. I 'm 75 1 on the corner of Bald Eagle Bend right 2 here. 3 4 CHAIRMAN HODGSON: Okay. 5 6 DONNA WILLEY: My house is right there on the 7 corner. It is right next door to the 8 house in question of being demolished. But I would ask for you 9 all to refer to your pictures in concerns with the cars being 10 parked and how many and how often, because this is a regular 11 occurrence, and I have lived here for 18 years. 12 13 My name is Donna Willey, and I have been a resident of Holland 14 Pines for over 18 years . This is a very family-friendly 15 community where many of us spend many a time outdoors with our 16 families . This expansion at the current proposed size will not 17 benefit our neighborhood and will increase traffic flow and 18 parking on our streets . This desperately needs to be scaled 19 back. We are not opposed to the expansion. We' re just exposed 20 to the size of the expansion and the parking. The church did 21 pursue land elsewhere with a desire to relocate their 22 congregation and did purchase 12 acres . That was their desire 23 in moving farther away from their current site. 24 25 In regards to the pastor stating that Piney Grove Baptist Church 76 1 has 100-plus years history here and how important it is for them 2 to stay here, I find that statement disingenuous . This is a 3 residential neighborhood. Why should a residential lot be 4 considered an option for a parking lot? Ask yourselves, would 5 you be happy with a parking lot next to your house instead of a 6 home? We would like to see the parking issues as part of this 7 application now and not after getting the building permit. 8 These parking conditions are too vague. The parking conditions 9 needed to be clearly stated in these conditions. 10 11 A couple of comments, I did want to bring up adding a third 12 service. Pastor did poll his church members last summer, and 13 out of 600 members only 20 would consider attending a third 14 service. So, that option hasn' t been implemented yet. Shuttle 15 service hasn' t been implemented yet, and there' s still overflow 16 parking in our streets, so those are our concerns. 17 18 CHAIRMAN HODGSON: I 'm sorry, your time is up. Are 19 there any questions for Mrs . Willey; 20 is that correct? Yes, David? 21 22 COMMISSIONER WEINER: Mr. Kemp, can you go back to, I 23 guess, the satellite shot? There you 24 go, right there. Can you show us where your house is right 25 there, please? 77 1 2 DONNA WILLEY: Bald Eagle Bend, right here. 3 4 COMMISSIONER WEINER: Okay. So, you' re a little farther 5 down. Now, across the street from 6 you, I know we were there not too long ago, that's woods right 7 there across the street? There' s no houses in there, in other 8 words? 9 10 DONNA WILLEY: This is my house. This is the 11 cul-de-sac. 12 13 COMMISSIONER WEINER: Across the street. 14 15 DONNA WILLEY: Across the street? 16 17 COMMISSIONER WEINER: Yes . Woods? 18 19 DONNA WILLEY: This is a wooded lot. 20 21 COMMISSIONER WEINER: Now, suppose this does happen and 22 those woods go away but that house 23 stays there. You' re going to see nothing but a big parking lot 24 right behind you because all of the trees are going to be gone. 25 78 1 2 DONNA WILLEY: Right. 3 4 COMMISSIONER WEINER: Wouldn' t you rather see something 5 buffered around there to hide the 6 parking lot? 7 8 DONNA WILLEY: Next door to my house? 9 10 COMMISSIONER WEINER: Uh-huh. 11 12 DONNA WILLEY: I wouldn't want a parking lot beside 13 my house. I would like to see a home 14 beside my house. I think that' s -- 15 16 UNIDENTIFIED SPEAKER: Never heard anything about that -- 17 18 CHAIRMAN HODGSON: Excuse me, sir. Please, hold your 19 comments . 20 21 COMMISSIONER WEINER: Okay. 22 23 CHAIRMAN HODGSON: Any other questions? Mrs . Kwasny? 24 25 COMMISSIONER KWASNY: I have a question. So, I keep 1 ill 79 1 hearing, Mrs. Willey, that there ' s a 2 concern about the expansion of the church. But my worry in 3 listening today to your various community speakers is that 4 there' s no way to address the expansion. I haven' t heard any 5 way to address that expansion that would also address the 6 parking and the traffic. So, do you have any ideas for me, 7 because I can understand the concern over the what ifs and that 8 there' s too many what ifs and not enough guarantee? 9 10 And I think there ' s a value to being proactive versus reactive, 11 absolutely, and I think I would feel more comfortable if there 12 was a sense of guarantee, although kind of with the caveat that 13 at some point you' ll have to trust that something is going to 14 work. So, if the church, you know, willy-nilly here, were 15 willing to reduce their expansion, is there a compromise point 16 from the neighborhood? Because while your statement asks "would 17 you want a parking lot next to your house", I 've had to think 18 long and hard about that, and, frankly, if it were buffered 19 Category 6 and it was going to be a parking lot and it had 20 rather pervious pavers and it was well cared for, personally, 21 I 'd rather a parking lot than take my chances on renters. I 22 have no idea who they are and they can be in and out every year, 23 and it' s not a guaranteed residence. So, my answer to that is 24 I 'd prefer the parking lot because that would allow the church 25 to expand close to the way it wants to. III 80 1 2 But if the church were willing to draw back a little bit, I 3 would feel as though you would also need to figure out how you 4 can help them address the parking that even a minimal reduction 5 would require. Even if they came back 15% to 20%, which is a 6 lot when you' re working on scaling back a building, even if they 7 were willing to come down that little bit, you'd still have to 8 address parking somehow. It still wouldn' t be appeased in your 9 minds using a ratio of 2 : 1; do you see what I mean? So, what 10 kind of offer can come forward from the community if the 11 Commission were to go in a way of deferral, which I know people 12 don't want because it ' s kind of putting off the inevitable, but 13 if the Commission were thinking to themselves "what can we do to 14 start addressing some of these what ifs", I think I need to hear 15 not "no, no, no, nothing is going to do", but what is going to 16 do? 17 18 DONNA WILLEY: Well, in reference to responding to 19 your question as far as having a 20 parking lot, it ' s we bought our homes in a residential area. 21 There is a house next to me. Had there been a parking lot, I 22 wouldn' t have bought it. I just think that should be taken into 23 consideration. As far as asking for the church to reduce their 24 expansion, why is there a need for 835 seats . If they' re saying 25 they' re going to have a third service, even with this house 81 1 being demolished, there will not be enough parking for 835 2 members . So, we' re asking for the expansion size to be reduced. 3 Even when that house is demolished, there is barely enough 4 parking. There were 217 cars last Sunday at the service. I 5 believe adding 40 or 50 more spots, that would only give them an 6 additional 30 parking spaces for anticipated growth. 7 8 COMMISSIONER KWASNY: Okay. So -- 9 10 DONNA WILLEY: So, right now, right now they' re over 11 capacity in parking. They do not have 12 enough parking. It ' s an issue. One of the options the Planning 13 Department outlined is "hey, we can still use a residential 14 street for parking", so that' s already showing that ' s not enough 15 parking. Whether they knock the house down or don' t even reduce 16 the expansion, there simply is not enough parking right now for 17 current membership, let alone anticipated growth. So, by 18 knocking down that house, we' re still going to be faced with 19 parking on our residential streets . So, why not address that 20 issue? And I think it kind of goes hand in hand with reducing 21 the expansion. There' s 835 seats . They say they won't fill 22 these 835 seats, so let' s bring it down to 600 seats . Why does 23 the expansion have to be of such proportion, this scale? 24 25 COMMISSIONER KWASNY: I guess, that' s where I wanted you to 82 1 go, to give me what your ideas were in 2 mind regarding reduction of the expansion. 3 4 DONNA WILLEY: They want to have 835 seats so they 5 can host weddings and funerals and so 6 forth. Where will all those cars go, even demolishing the 7 house? So, we are trying to work with the church. We have been 8 working with them. We don' t want to see this house demolished 9 to make way for parking. They stated that "hey, in a few years 10 we may outgrow and be gone"; then we ' re going to be faced with a 11 parking lot next door and this huge expansion. So, we have to 12 look into the foreseeable future, as well . I mean, we 13 understand they need a place to worship, but these are our homes 14 365 days a year, as well . We ' re only asking for reducing 15 expansion so that they have adequate parking on site; not 16 seeking parking on additional residential streets. I don' t 17 think a builder or developer could build anything and say "hey, 18 I 'm going to rely on these City streets or these residential 19 streets for parking" . So, why should this be allowed for any 20 other business? 21 22 CHAIRMAN HODGSON: Mrs . Oliver, did you have a question? 23 24 COMMISSIONER OLIVER: No, thank you. 25 83 1 CHAIRMAN HODGSON: Any other questions? Thank you. 2 3 SECRETARY RUSSO: Our next speaker is Dave Willey -- 4 okay, then our next speaker is Al 5 Whitehurst. 6 7 AL WHITEHURST, JR. : Good afternoon. I 'm Al Whitehurst, 8 Jr. , and I 've lived in Holland Pines 9 for almost 20 years now. I 'm going to ask that you deny the 10 CUP. There' s a lot of reasons, but I just want to hit on two in 11 the time that I 'm allotted. One, the size and scope of this 12 just does not fit the neighborhood. It ' s way too big. And then 13 property values, if this is approved, you know, we ' ll have five 14 homes . 15 16 You said you wouldn't mind living by a parking lot . I wouldn' t 17 buy a home backed up to a parking lot. We' ll have five homes 18 that now back up to grass and trees that will be backing up to a 19 parking lot. This 10-foot buffer, that sounds nice. That' s 10 20 of my shoes like this . There' s hardly any room to put any 21 landscaping there anyway. You' re still backing up to a parking 22 lot and all the noise, not just the aesthetics, the noise, the 23 lights at night, those homes are clearly going to go down in 24 value. Of course, when they go to sell, we've got to live with 25 their comps if we go to sell our homes . That ' s a lot to ask on 84 1 the community, five homes to back up to a parking lot. That' s 2 an awful lot to ask. 3 4 The parking, I think the thing on this is we' re trying to solve 5 something that can't be solved. We have two different agendas 6 here. The church wants to grow, and that ' s great, but we want 7 to protect our lifestyles and our homes, and that' s also good. 8 Mr. Russo, I thought your question to that gentleman was a cheap 9 shot. He lives there. He works hard to make his money. He 10 pays for that property. You ask him, "Why don' t you move?" I 11 really thought that was outrageous . We 've got two good guys 12 here. This is not like pro wrestling was the good guy and a bad 13 guy. We' re protecting our interests . They' re protecting 14 theirs . There ' s just not enough land to get this done, not 15 safely, and what land there is is divided by what' s going to be 16 a four lane highway, really, because if you think they' re going 17 to go 45 there, they' re going to be barrelling down there at 50, 18 55, and 60. That' s the reality and that' s what you've got to 19 plan for. And even the good pastor, himself, comments on how it 20 was going to be difficult to implement the shuttle program. 21 22 So, I just don' t think we've got something here that can be 23 resolved. Yes, we'd like to take a look at some figures if it ' s 24 scaled down, but it' s hard for us . We ' re not planners . This is 25 not what we do for a living. But we 'd like to look at 85 1 something. I 'm not saying we ' re going to summarily reject 2 everything, but we've got a real problem with the size and scope 3 of this thing. Just to give you an example, if this thing comes 4 through and they have a full house with the parking lot that ' s 5 there now, you' re going to have 182 cars looking for a place to 6 park. If you tear the house down, you' re still going to have 7 132 cars, and then you' re really impacting our neighborhood by 8 paving a parking lot into our neighborhood. 9 10 I see my time is running out. I guess, just the big thing is 11 this. We aren' t opposed to the church at all . We'd love to 12 work out some sort of solution here, but this is just way too 13 big. It' s the definition of bad planning, and, safety, it ' s a 14 prescription for a real tragedy. Thank you. 15 16 CHAIRMAN HODGSON: Any questions for Mr. Whitehurst? 17 Mr. Thornton? 18 19 VICE-CHAIR THORNTON: If the entire lot were paved, and I 20 know you don' t want that a parking 21 lot, but if all of the parking that can be put on the property 22 that they bought would limit the size of the sanctuary on a 1 : 5 23 ratio so that theoretically all of the cars, all of the people 24 that went to that new sanctuary could park on their own parcel 25 on site, is that something you all would consider? 86 1 2 AL WHITEHURST: Well, here' s the conflict where it' s 3 tough to -- 4 5 VICE-CHAIR THORNTON: And no parking across the street; 6 that would be Mother' s Day and 7 Christmas and Easter, to keep people from wandering across 8 Holland Road, you limited the size of the sanctuary to the 9 parking on site, would that matter? 10 11 AL WHITEHURST: Well, this is where it' s such a 12 difficult problem. 13 14 VICE-CHAIR THORNTON: At a 1 : 5 ratio? 15 16 AL WHITEHURST: The 1 : 5, now, I think is -- 17 18 VICE-CHAIR THORNTON: Twice code. 19 20 AL WHITEHURST: -- 1 : 5 is fantasy land. It ' s about 21 2 . 3 people per car. 22 23 VICE-CHAIR THORNTON: I 'm sorry. I 'm going the other way; 24 1 . 3, Code is 1 . 5, so make it 1 .2 . 25 87 1 AL WHITEHURST: Well, 2 . 3 is what the numbers we have 2 for our count has been coming up. 3 Well, I mean, yes, but here' s where the problem is, though, with 4 us is you' re tearing down a house, paving a parking lot into an 5 existing community where you' re going to be putting a parking 6 lot between two homes . 7 8 VICE-CHAIR THORNTON: Well, the alternative is to keep the 9 cars on the street because there' s no 10 provision to towing people parking on public roads . 11 12 AL WHITEHURST: I guess, the answer to your question 13 is this. I can only answer this for 14 me, personally. I would love to see, we've got a lot of 15 professionals, you people know what you' re doing, got a lot of 16 professionals in the City, if something could be devised to 17 where that lot across the street could be utilized and safely 18 people could come aboard, come across, something like that, I 19 would prefer that versus tearing a house down in our 20 neighborhood and further degrading property values for more 21 homes . We 've got to live with that, and if something, it just 22 seems to be some alternative, shuttle thing sounds possible, 23 some alternative to get the people safely across the street, we 24 have no problem. Me, personally, I do not want that house to 25 come down. I think that would look horrible in the front of our 88 1 neighborhood. 2 3 CHAIRMAN HODGSON: Any other questions for 4 Mr. Whitehurst? Thank you, sir. 5 6 AL WHITEHURST: Thank you. I appreciate it. 7 8 SECRETARY RUSSO: Our next speaker is Christine 9 Whitehurst. 10 11 CHRISTINE WHITEHURST: Good afternoon. My name is Christine 12 Whitehurst. I have lived in Holland 13 Pines for 20 years . At our community meeting last week, Pastor 14 Williams stated that we, the community, can not have our cake 15 and eat it, too. He stated we had to choose between safety and 16 the character, charm, and integrity of our neighborhood. Why is 17 it that a church that clearly has overgrown their land forced 18 the community to have to choose? We are all happy the church is 19 growing by leaps and bounds, but then, again, why do 500 20 property owners have to give up so much? 21 22 If we allow this to go through as it is, you, the Planning 23 Commission, are being derelict in your duties . By that, I mean, 24 you' re not planning; you' re allowing a church that obviously has 25 overgrown its land to infiltrate our neighborhood. The 89 1 conditions placed on the CUP are only a band-aid on a gaping 2 wound. It is forcing the neighborhood to please the church and 3 this in turn will certainly cause an us-versus-them mentality 4 instead of having the church and the neighborhood work together. 5 6 So, instead of us being able to relax and enjoy our time off 7 from work or being able to attend our own Sunday services, we 8 have to count cars and take pictures to provide to the City so 9 these conditions can be enforced. The new proposal only gives 10 them a total of 181 spots. Now, if we tear down the house next 11 door to put in the additional spaces, let' s say it would give 12 them 50 more spots; 181 plus 50 is 231 spaces . Now, this past 13 Sunday, I, personally counted 217 cars, leaving only 14 empty 14 spaces, based on increasing the spots tearing down the house . 15 16 Again, these numbers are before the church expands and 17 membership grows . They certainly aren' t spending all of this 18 money not to grow. If they were to grow to where they' re 19 filling all 835 seats, that ' s a total of 363 cars for either 181 20 or 231 parking spaces, again, leaving 132 to 182 cars looking 21 for parking. A total of four Sundays had cars in attendance 22 counted either by the church, TIA, or us, the residents . Three 23 out of four of those dates had over 200 cars . That 's 75% of the 24 time they were already maxed out of their expanding parking 25 proposal. 90 1 2 Their per car ratio is 2 . 3 people, based on the numbers that the 3 church has supplied us. It would only take approximately six 4 families joining that church to max out available parking. And, 5 again, the expansion has not even occurred. So, a very short 6 time from now, we have a large church that has placed a parking 7 lot between two homes on an interior residential street and has 8 outgrown its parking expansion. Now, what do we do? Is that 9 how we want our City to look? 10 11 And the CUP application of the Comprehensive Plan states this 12 site is located within a suburban area where planning principles 13 call for preserving and protecting character and stability of 14 residential neighborhoods. It' s impossible to say this CUP 15 proposal does that. 16 17 CHAIRMAN HODGSON: Thank you. Any questions for 18 Mrs . Whitehurst? Thank you for coming 19 down. 20 21 SECRETARY RUSSO: Our next speaker is Sharon Brennan. 22 23 CHAIRMAN HODGSON: Good afternoon. 24 25 SHARON BRENNAN: Good afternoon. Hi. Well, the 91. 1 residents have -- 2 3 CHAIRMAN HODGSON: Please, state your name, for the 4 record? 5 6 SHARON BRENNAN: -- I 'm sorry, Sharon Brennan. 7 8 CHAIRMAN HODGSON: Thank you. 9 10 SHARON BRENNAN: The residents have stated a lot of 11 concerns, and I don' t want to keep 12 going over all of that information. You have a lot of the 13 facts . You have the statistics . You have the traffic study. 14 You have that information. I just want to urge you that this is 15 a residential area. We do have kids, and it is a safety issue, 16 as far as once you open up that area on Chestwood that now 17 becomes not a residential road but almost a, I won' t say 18 commercial road, but, I mean, it is for commercial vehicles 19 going to church, because a church is, you know, technically a, I 20 won't say a business, but it is a business, so to speak, I mean, 21 as far as traffic goes . But in any case, I just want to urge 22 you to really think about the safety of our children. 23 24 So, the expansion of the road to a four-lane highway, there' s 25 going to be a divider right here. I know somebody else 92 1 previously said it, but people are going to be coming down Dam 2 Neck and turning, and they' re not going to come, you know, they 3 may come down here and turn in here, but when it ' s time for the 4 church to leave they may also go down this way, down Bald Eagle, 5 down Sugar Maple where there' s going to be a light. There' s not. 6 going to be a light on Chestwood, but there' s going to be a 7 light on Sugar Maple, and they' re going to turn either in or out. 8 of the neighborhood. 9 10 So, I just urge you to just take in all of the facts and take 30 11 minutes of your time, drive out to our area on a Sunday, look at 12 it, look at the traffic pattern, look at what the road is going 13 to look like when they' re finished with the four-lane highway, 14 and, you know, just take a look at all the facts . Look at 15 pictures and everything and just take that time to think about 16 if this was your neighborhood how would you feel about the vast 17 size of the expansion. And there could be potentially triple 18 the amount of cars that are on the streets right now. That' s 19 it. Thank you. 20 21 CHAIRMAN HODGSON: Thank you. Are there any questions? 22 Thanks . You may be seated. 23 24 SECRETARY RUSSO: The last speaker is Dave Willey. 25 93 1 DAVE WILLEY: Hi. I 'm Dave Willey. Sorry I was 2 late earlier. Excuse me. I 'm sure 3 that everybody has already covered the main points, but to me 4 I 'm just looking at numbers . I think that when you look at the 5 traffic numbers that we've been given by the City, and this was 6 relatively recently in the last month or so, we didn' t realize 7 it was as many cars as there were. So, when we look at the 8 numbers they have now for the congregation they have now and we 9 see they' re building a church that ' s double that, it seems 10 obvious to most people that the parking would double. 11 12 The CUP you guys have in front of you right now doesn't address 13 that; in my opinion, it doesn' t address it. It gives about a 14 third of the parking places required. There is the parking lot 15 across the street . There' s options for even valet parking or 16 something like that that was put in the conditions yesterday, 17 but those are all band-aids . If you've got a CUP that has a 18 bunch of band-aids on it, I would hope that you guys would look 19 at it and say "go back to the drawing board, come back with a 20 better CUP, and we' ll consider it", but that' s what we' re hoping 21 you guys do for us. See the same numbers we' re seeing, seeing 22 that they set their sights a little too high, and ask them to 23 come back and give you something that makes sense. Is that 24 unreasonable? Like I said, short and sweet. 25 94 1 CHAIRMAN HODGSON: Any questions? Thank you, sir. 2 3 SECRETARY RUSSO: Mr. Chairman, that's all the speakers 4 that we have. 5 6 CHAIRMAN HODGSON: Mr. Williams, would you like a chance 7 for rebuttal? 8 9 PASTOR WILLIAMS: Yes . Again, I want to thank you guys 10 for hearing both sides, those that 11 were for and those that were against . 12 13 CHAIRMAN HODGSON: Please, state your name, just for the 14 record? 15 16 PASTOR WILLIAMS: D. L. Williams, I 'm sorry. 17 18 CHAIRMAN HODGSON: Thank you. 19 20 PASTOR WILLIAMS: I think that it should be clear now 21 exactly what Piney Grove Baptist 22 Church has been up against when it comes to trying to compromise 23 with our neighbors. As difficult as it was for you to get a 24 clear understanding from those that spoke oppositional, it' s 25 been just that difficult for us to hit this moving target that 95 1 has been put in our path to try to expand our church. 2 3 A couple of things that were mentioned when Brother Kevin got 4 up, he made some notes on a few words that he highlighted. One 5 word was "stark" . One word was "robust" . He also used a word 6 that I found to be very offensive, which was an "encroachment" . 7 The definition for an encroachment is an intrusion on personal 8 territory. You all know that we are proposing to expand on our 9 property, property that we own. If he considers our expansion 10 an encroachment, that means that he' s considering the 11 neighborhood to be his territory when the neighborhood equally 12 belongs to us all . So, I 'm very offended by that word 13 encroachment. Piney Grove Baptist Church is not encroaching on 14 anything. All we want to do is have the fair opportunity to 15 expand and meet the City Codes and expand on the property that 16 we own. 17 18 Last month, we did have two Sundays where our 11 : 00 service we 19 did see a little over 200 cars; not this past Sunday. A couple 20 of people said this past Sunday we had 217 cars . I will argue 21 that that was inaccurate. We do a count every Sunday of how 22 many worship attendees we have and how many cars we have. Our 23 count was 187 cars for this past Sunday. Now, last month we did 24 have a little over 200 cars . One Sunday, I know for sure we had 25 205 cars, and another Sunday I want to say we had about 211 96 1 cars . However, we had two special services back to back. One 2 service was celebrating our 145-year church anniversary, which, 3 of course, is going to bring a lot of people from other churches 4 to come help us celebrate, as well as we had Mother' s Day, and 5 that' s one of our special services that we have an influx of 6 attendance. People come and worship with their mother. 7 8 Again, on average, we don' t have over 200 cars for our 11 : 00 9 service. Kevin also said that he did a count of 69 on site, 62 10 off site, and 49 in the community. I add that up to be about 11 180 . If we tear the home, which we've been talking about, we' re 12 talking about having 240-plus parking ability on site, not to 13 mention the overflow that we maybe can use for special services . 14 To me, the mouth says that we would have more than enough 15 parking for what we need for that particular service. 16 17 The traffic engineer has already done a professional study. We 18 keep talking about traffic, traffic, traffic. That ' s been a 19 professional study that has said that there will not be a 20 negative impact on the traffic if we do this expansion project. 21 This is a person who' s on your staff. This is a person who' s 22 done this time and time and time again. He has given a 23 professional assessment that we have paid thousands of dollars 24 for to give you the accurate information that there will not be 25 a negative impact for this project. 97 1 2 The question was raised, who' s liable if a child gets hit . I 3 want to argue that with the current conditions that we have it' s 4 more dangerous and more probable that a child would get hit 5 right now than it is if we do this expansion project, which is 6 built to remove cars out of the neighborhood and not have them 7 inside of the neighborhood. 8 9 Last couple of notes, Mr. Ron said that he' s ben to every single 10 meeting that we 've had, and this is the first time that he has 11 heard these compromises or these conditions . Either he zoned 12 out during these meetings or he just wasn't listening very well . 13 He went to sleep. Sister Barbara Henley has been in attendance 14 to every single meeting. Christina Gay has been at these 15 meetings, Brother Doug Smith has attended a couple of these 16 meetings . We've always had staff from the City to attend these 17 meetings . They can attest to the leg work that we have done to 18 work with our community and to come with a compromise. So, 19 that' s completely false. 20 21 The last thing that I want to add is it was said that the church 22 has a bunch of what ifs. The community wants us to value their 23 what ifs, but they want to not recognize their own what ifs . 24 They have a lot of what ifs of their own. One of their what ifs 25 is what if the church grows very fast? What if the parking 98 1 isn't enough that we' re proposing? What if they turn at the 2 light at Sugar Maple? What if they don' t wait on the shuttle to 3 come to cross the street? They have a lot of what ifs, 4 themselves . Reality is that none of these what ifs can be 5 successfully rationalized here today. But the other reality is, 6 if we are good neighbors and if we' re diligent about managing 7 the property that we have, having contingency plans to deal with 8 potential issues that we can quickly put them in place, we are 9 more than convinced that we have what we need for this project 10 to be successfully done. 11 12 Again, we ' re building 835-seat capacity. If we are approved, 13 number one, the City Code requires 100 and I want to say about 14 67 . So, with the 181 that we have, we already exceed code. If 15 we tear down the house, if we make that a condition and add 16 another 50 or so and we have access to about 240 on site, we 17 have almost double, almost double, all right, the City Code. 18 The question is for you, what more can we do? What more can we 19 do to satisfy the City Code? What more can we do to satisfy the 20 community? I 'm convinced I can' t do anything else to satisfy 21 our neighbors. We've done more than enough and I can' t do 22 anything else. 23 24 In closing, I want to add that I had a newspaper reporter come 25 to my office last week who happened, just so happened, to be a 99 1 white Caucasian male. He came by my office and he was 2 interested in our story to expand, and he got wind of the 3 opposition that we were getting from the community. In his 4 mind, the oppositional arguments just didn' t make any sense. He 5 pulled me to the side and he asked me, "Pastor, do you think 6 that the opposition that you are getting is racially motivated?" 7 He said that -- if you will control the crowd and allow me to 8 speak, please? 9 10 CHAIRMAN HODGSON: Please, continue? 11 12 PASTOR WILLIAMS: He asked me was the opposition I was 13 getting racially motivated? I pulled 14 him to the side and I told him not at all . I do not think that 15 this is racially motivated at all, and I told him that I don' t 16 want him to print a story and make it out to be that because 17 that' s not our community. I told him what I do think is that 18 our community and our neighbors just aren't simply being fair to 19 us, considering all of the compromises that we have made. 20 21 I don't want to say that there' s anything. They' re absolutely 22 right . No. They answered before I got a chance to answer it. 23 It has nothing to do with race. People outside our community 24 would look in and make it be a black and white thing, because 25 our church is predominantly black and we are centered in a 100 1 predominantly white community. It has nothing to do with race. 2 This is about being fair. And when I asked this Commission 3 today, you said this in your opening statements, that your job 4 is to make sure everything is done fair. 5 6 What I ask of you today is that you be fair to us, consider the 7 facts, and give Piney Grove the opportunity to move forward with 8 the proposal that we have and give the appropriate conditions 9 that you think need to be put in place for us to have the 10 opportunity to expand as a church and remain in the historic 11 position that we've been in in this location and in the City. 12 That' s all I have, Sir. 13 14 CHAIRMAN HODGSON: Thank you. 15 16 PASTOR WILLIAMS: Thank you. 17 18 CHAIRMAN HODGSON: Any follow-up questions for 19 Mr. Williams? Mr. Ripley? 20 21 COMMISSIONER RIPLEY: Pastor Williams, thank you very much. 22 Just to be real clear, if you were to 23 be given permission to expand on the parcel that you own on Bald 24 Eagle Way, would you be willing to do that? Would you be 25 willing to buffer it? II 101 1 2 PASTOR WILLIAMS: Yes . 3 4 COMMISSIONER RIPLEY: To the extent satisfactory to the 5 Planning Director? 6 7 PASTOR WILLIAMS: Yes . 8 9 COMMISSIONER RIPLEY: That' s the first thing. Second 10 thing, I heard discussion about the 11 time of service. And this is the question, I guess, and I 'm not. 12 trying to make this into a condition, but a 9: 00 service versus 13 an 8 : 00 service would disperse your membership a little 14 differently? I know I would probably attend a 9: 00 service 15 versus 8 : 00, but that ' s a preference, personal preference. It ' s 16 anecdotal . Would that make any difference, you think, if you 17 were to hold those services at 9: 00 versus 8 : 00 or not? 18 19 PASTOR WILLIAMS: Honestly, right now, no, I don' t 20 think it would make a drastic 21 difference. We talked about that as a condition if we outgrow 22 our parking capacity that we are allowed by the City to do, to 23 control that one of the things we could do is restructure our 24 program. Right now, we see about 200, a little over 200 people 25 for our first service, and right at about 390 to sometimes 405 102 1 for our second service. We talk about the possibility of 2 restructuring and reprogramming to stagger our service to make 3 it more inviting for some of our younger families that have 4 young kids. We talk about that and talk about conditions . If 5 we did that, you know, if the City saw fit for us to do that, 6 that' s easy for us to do. We can move Sunday School the very 7 first thing, come with the first service. That' s easy to do. 8 But do I think we need to do that now, given the parking that we 9 could potentially have? I don't think we need to do that out 10 the gate. I think that that should be, however, a condition 11 that' s put on the table to kind of appease the community. 12 13 COMMISSIONER RIPLEY: So, you' re saying if you had this 14 additional parking, plus the parking 15 on Bald Eagle Way, you would probably have sufficient to operate 16 the way you' re operating today? 17 18 PASTOR WILLIAMS: Not probably. We will. 19 20 COMMISSIONER RIPLEY: For quite some time? 21 22 PASTOR WILLIAMS: I will have it. Not probably. I 23 will have it. 24 25 COMMISSIONER RIPLEY: Thank you. 103 1 2 PASTOR WILLIAMS: And if we do grow out, I ' ll have no 3 problem with changing our programming. 4 I have no problem with that . 5 6 COMMISSIONER RIPLEY: Thank you. 7 8 CHAIRMAN HODGSON: Any other questions? Mr. Thornton? 9 10 VICE-CHAIR THORNTON: By your own count just a minute ago, 11 you said when you did a count last 12 week on your parking you were around 200 spaces? 13 14 PASTOR WILLIAMS: No. Last week, I said our people 15 counted 187 . 16 17 VICE-CHAIR THORNTON: 187, okay. I ' ll round that to 200 . 18 You' re talking about 62 to 70 on your 19 own existing parking lot. You've got another 50, 60, 70 across 20 the street in the gravel lot, however many you can get over 21 there, and at the end of the day you're somewhere between 40 and 22 50 cars on the neighborhood. So, if you end up with enough 23 parking on your site, take that house down, if we can get that 24 done so that all of your parking can be on site or else across 25 the street, do you think you could politely urge your 104 1 parishioners and congregational folks to not impact the 2 neighborhood as much? That ' s what I keep hearing, when they 3 wake up on Sunday mornings there are a lot of cars in the 4 neighborhood. Is there any way you can control that? I know 5 it' s not legal to put "no parking" signs up, but that to me is 6 the issue because you don' t have enough parking and they' re 7 using the neighborhood. Once you get enough parking, can you 8 control that? Do you think you've got -- 9 10 PASTOR WILLIAMS: To the best of my ability, I can use 11 the influence of my voice to ask our 12 members and our visitors not to park in the community and to 13 maximize our parking, as well as you see in our plan we elected 14 to put no parking signs right here so that people would already 15 not park there. So, we've already kind of been proactive with 16 telling the community we ' re going to put no parking signs so 17 that people won't park there. Can I get on the mike and say 18 "listen, guys, let ' s not park in the community, let ' s use every 19 single parking space we have. We've been blessed by God to be 20 able to have this space"; we can do that. We can do that. Now, 21 can I make anybody do anything? 22 23 VICE-CHAIR THORNTON: No, I understand. 24 25 PASTOR WILLIAMS: Of course, you know I can't make 10.5 1 anybody do anything, but my voice and 2 my leadership does have influence with our people, and I 'm sure 3 that our people will more than be happy to comply with not 4 parking in the community. 5 6 VICE-CHAIR THORNTON: Thank you. 7 8 PASTOR WILLIAMS: Yes, Sir. 9 10 CHAIRMAN HODGSON: Any other questions for Pastor 11 Williams? I have one, and I 'm not 12 sure if you' ll be the one that can answer this . Say this does 13 pass. When are you looking to start construction on this? Have 14 you looked at a timeline? 15 16 PASTOR WILLIAMS: Right now, we need to start our 17 pledge campaign, get that started to 18 satisfy the banks . Our plan was to try to break ground before 19 the end of this year, so that kind of can' t be predicted right 20 now, but as soon as possible, if you will . I can answer that as 21 soon as possible we want to do that. 22 23 CHAIRMAN HODGSON: Have you looked at a timeline of how 24 long, and there ' s a reason I 'm asking 25 this, how long it will take from putting a shovel in the ground 106 1 to completing the project? Do you have a timeline on how long? 2 3 PASTOR WILLIAMS: We've been told anywhere from 14 4 maybe to 18 months depending on the 5 weather. I 've also been told maybe 13 months . They' re going to 6 work on the parking lot and the building at the same time. 7 8 CHAIRMAN HODGSON: That' s where I was getting. Would 9 they try to put some of the parking 10 lot in first before the actual structure was being built? 11 12 PASTOR WILLIAMS: We talked about that because we want 13 to really get ahead of the City' s plan 14 to widen the road, so we know that that will make for an ugly 15 situation while the City is kind of tearing up and doing their 16 thing and we ' re trying to do ours . So, we talked about how 17 possible that is for us to build and do the parking at the same 18 time, and our team has assured us that it is possible to do 19 that, and that would definitely cut our building time down if we 20 went that route. 21 22 CHAIRMAN HODGSON: Okay. 23 24 PASTOR WILLIAMS: All right. 25 107 1 CHAIRMAN HODGSON: Any other questions for Pastor 2 Williams? 3 4 PASTOR WILLIAMS: Thank you. 5 6 CHAIRMAN HODGSON: Thank you, sir. That was our final 7 speaker. We' ll now close the Public 8 Hearing and open it up for discussion amongst the Commissioners . 9 Mr. Thornton? 10 11 VICE-CHAIR THORNTON: I 've got a question for staff. We've 12 all been talking about one of the 13 possible solutions to this parking is obviously to add more 14 parking in an area that is not shown on a plan that we are asked 15 to be part of this application. If it turns out that the 16 solution to this problem is to park on that lot, do we need to 17 have the applicant come back with a new plan? Do we need to 18 wait a month and get another plan to vet, or how do we deal with. 19 that today? Because we've not seen, we only saw anecdotally 20 just quickly passed around this morning a plan that showed 21 parking back there. 22 23 KAREN LASLEY: Previously. That site was 24 advertised. Still, you could include 25 it. You could use a condition. 108 1 2 VICE-CHAIR THORNTON: Okay. Thank you. 3 4 WILLIAM MACALI: Yes, Sir. And may I add that it can 5 certainly be changed before City 6 Council, any plan can be, as it was advertised, that lot is 7 included in the application. We routinely do that, change plans 8 in some fashion between Planning Commission and Council. 9 10 VICE-CHAIR THORNTON: Thank you. 11 12 CHAIRMAN HODGSON: Mr. Brockwell? 13 14 COMMISSIONER BROCKWELL: I 've got a question. Karen, you 15 might answer this, too. I have two 16 questions for staff, actually. The first is kind of a technical 17 issue that was brought up about these are actually two separate 18 lots, so it may be coincidentally it 's the same owner. But the 19 question of the conditional use permit for this to be parking 20 for an expansion, I just thought you might comment on that to 21 clarify. Is there a precedent for that or is there a land use? 22 23 KAREN LASLEY: I made some notes on that. It ' s all 24 zoned agricultural, the existing 25 church site and this church is a conditional use permit in the 109 1 agricultural district. I had some notes -- separate parcel -- 2 the site plan, Stephen? They may be required to vacate that 3 interior lot line because a new building can not go over 4 existing lot line. So, probably by the end of the game, this 5 will all be one parcel. Somebody also brought up that nobody 6 else could use it as a parking lot. I mean, anybody could come 7 in and have a whole separate church on that lot with a 8 conditional use permit. In the agricultural district, use 9 permits include mulch processing, a hospital, a dog kennel, a 10 heliport, an assembly use, besides a church. Zoned 11 agricultural, there' s a lot of uses that could go in there that 12 would be difficult neighbors; a hog lagoon, poultry, livestock. 13 It' s zoned agricultural. 14 15 COMMISSIONER BROCKWELL: That answers my question. The 16 essence of the question was is there 17 anything untoward about using that as a parking lot to support 18 this church? 19 20 KAREN LASLEY: No. It' s part of the conditional use 21 permit for a church. 22 23 COMMISSIONER BROCKWELL: And probably, ultimately, that lot 24 line will dissolve anyway as part of 25 the process? 110 1 2 KAREN LASLEY: Yes, sir. 3 4 COMMISSIONER BROCKWELL: Then my second question was one of 5 those what ifs, actually. The traffic 6 study and the City traffic staff, did you look at the 7 possibility there might be an increased tendency for folks to 8 turn at the light when it' s in place and drive through the 9 neighborhood to make a right turn into that parking lot? Are 10 there any thoughts on that? 11 12 ROBERT GEY: I 'm Robert Gey, City Traffic 13 Engineer. This is Steve Frooman, one 14 of our engineers . Steve is very familiar with the traffic 15 study, so if there ' s any other questions I ' ll help address those 16 for you. 17 18 STEVE FROOMAN: No. The traffic study that was 19 prepared by the church consultant that 20 we reviewed looked really just at the Holland and Chestwood 21 intersection. Because of the low traffic volumes that are on 22 Holland Road on a Sunday, we didn' t think it was very likely 23 that people would choose to cut through a neighborhood when 24 there would be access directly off of a road that' s going to 25 have a median opening, left turns onto it, Chestwood. 111. 1 2 ROBERT GEY: Specifically, we looked at the 3 volumes on Holland road during that 4 hour, and basically it ' s about a car in each direction every 10 5 seconds . So, it' s so easy to make a left turn off of Holland 6 Road onto Chestwood in the morning that it ' s very likely that 7 either the car is going to make a left turn or a U-turn into the 8 parking lot. It' s very unlikely that they' re going to wait at a 9 traffic signal for the duration of the traffic signal and then 10 cut through the neighborhood and go all the way around rather 11 than make a left turn or U-turn at Chestwood. Could somebody do 12 that? Somebody could do that, but they' re going to have to wind 13 all the way through the neighborhood. It' s unlikely that the 14 majority of people are going to do that . 15 16 COMMISSIONER BROCKWELL: So, this summary, this change in this 17 layout is not going to produce any 18 significant traffic risk; is that fair to say? I mean, you all 19 agree it' s minimal impact? 20 21 STEVE FROOMAN: Our focus was on the impact on 22 Holland Road and the Chestwood and 23 Holland Road intersection. And, yes, a fair summary is that we 24 don' t expect any negative impact on that, vehicularly. 25 Obviously, we have concerns about the safety of pedestrians who 112 1 would be crossing from the opposite side of Holland to the 2 church, but that' s not so much traffic impact that would be 3 looking at in the study. 4 5 CHAIRMAN HODGSON: Any other questions? Anyone else 6 like to weigh in? All right. I will. 7 I know for a fact that my mother is sitting in Northern Virginia. 8 watching this on her computer right now, and I know if I vote no 9 on this, this wouldn't be a reason for my vote, but the second I 10 walk out of here I 'm going to get a phone call from my mom going 11 "how could you vote for a church not to be able to expand"? I 12 guarantee you that phone call would happen, but I am 13 legitimately concerned about parking. It ' s obvious, parking is 14 an issue; 1 : 5 doesn't work. The 2 . 5, 2 . 3, whichever number you 15 pick, that ' s real world. 16 17 The ideal situation for me, I would be able to see your church 18 expand, which I wanted to see . I 'd love to see it expand. I 'd 19 love to see the house stay there, and I 'd love to see the lot 20 across the street expand to make up the difference of the 180 21 you have currently, fill that lot up and be able to meet your 22 capacity that way, but I understand that' s not a possibility 23 right now because of financial reasons with the church and 24 trying to develop that piece of land over there. That, to me, 25 would be the ideal scenario. That way you' re not encroaching 113 1 into the neighborhood. You can keep the cars off the 2 neighborhood street. You still have the concern about crossing 3 four lanes of traffic, which is a concern, but that would be 4 ideal world for me. 5 6 And with this proposal right now, that ' s not what we' re voting 7 on. That' s not the ideal world. And I will say probably in the 8 five years I 've been up here, this is probably one of the harder 9 votes I 've ever had to do. So, I am still struggling right now 10 with which button to push. And I hate to recommend a deferral 11 on something when you've had so many people come down and take 12 time off of work to show their concerns, but I also don' t want 13 to rush something through that may need a little help. So, 14 that' s where I 'm torn right now, and I want to see this happen. 15 I 'd love to see your church grow. I 'm just concerned about the 16 residents and the traffic and the neighborhood because I 've seen. 17 the pictures and it ' s there. So, where does that leave me? 18 19 COMMISSIONER INMAN: May I ask the City Attorney a 20 question? 21 22 CHAIRMAN HODGSON: Sure, Mr. Inman. 23 24 COMMISSIONER INMAN: There may be folks here that don' t 25 know the answer, and I 'm not positive 114 1 of the answer, myself. So, if we turn down this application, 2 what is the status of the applicant at that point, in terms of 3 submitting another application? 4 5 WILLIAM MACALI: Well, the Planning Commission is just 6 a recommendation. So, the applicant 7 has the right to go to City Council with that application. They 8 can reapply or they can modify this application. 9 10 COMMISSIONER INMAN: They can modify it from between here 11 and City Council . 12 13 WILLIAM MACALI: Yes, that' s not uncommon. 14 15 COMMISSIONER INMAN: That' s an option. 16 17 WILLIAM MACALI: And that' s something that may well 18 happen if the Commission acts on it 19 with something to do about the parking and the lot that ' s 20 occupied by the single-family house now. That would have to be 21 a modification, as well, just of the plan that comes along with 22 it. So, if that answers your question, then the answer is, yes . 23 24 COMMISSIONER INMAN: The followup to that is, what if City 25 Council turns it down, they don' t 115 1 modify it and City Council turns it down? 2 3 WILLIAM MACALI: Well, then it' s substantially the 4 same application can' t be heard for 5 another year, then there would be the opportunity to challenge 6 the Council' s action in court. But short of that, the decision 7 of the City Council is final, subject to a reconsideration which. 8 can be done by any member of the prevailing side in a Council 9 vote within 30 days, then the matter can be reheard. But 10 typically once an application is denied, it can' t be re-filed, 11 substantially the same application, for another year. 12 13 COMMISSIONER INMAN: So, even if they were to come back, 14 if they were denied by Council and 15 they came back and they had reduced the size of the new 16 sanctuary by 2, 000 square feet or 3, 000 square feet and modified 17 the parking somehow? 18 19 WILLIAM MACALI: Well, that ' s a difficult case because 20 the Planning Director has to decide 21 that, and typically it ' s based on whether there' s a change in 22 the use, which there wouldn't be, whether the change is in a 23 site layout, which there could be. It depends on just exactly 24 what the new application would be. 25 117 1 2 I just think we 've got a combination here that will work. The 3 neighborhood, I think if you go back and defer it, I don' t hear 4 a neighborhood that' s really willing to work here. Maybe I 'm 5 misunderstanding it, but there was a lot of discussion here that 6 just didn' t seem like it was a compromise. And I don' t know how 7 the pastor and his congregation reached the size of congregation 8 that he' s designing to. That may be another topic. To me, I 9 just think you've got a combination here if you were to expand 10 the parking and you do a good job and it fits in with the 11 neighborhood with good buffering that is satisfactory to the 12 Planning Director, I think you've got a formula that will work. 13 I 'm inclined to support it . 14 15 CHAIRMAN HODGSON: Mrs . Oliver? 16 17 COMMISSIONER OLIVER: I know that the neighborhood had 18 addressed the fact that they didn' t 19 want a parking lot in their neighborhood because it devalued 20 their homes . We have two, and I know Bob has attended both of 21 these churches, large churches in our neighborhood, and their 22 parking lots go from the front of one street all the way 23 through. Not as big as your congregation, but they' re full on 24 Sundays and they have three services . And their houses are 25 right up against them, and we don' t have a problem with good 118 1 neighbors with the church and the parking lot. It hasn' t 2 devalued their homes . There isn' t a big noise problem with the 3 parking lot. We had a little problem with the skateboarders, 4 but they weren' t attending church. It sits on a hill . 5 6 But just there' s good buffer, they' re pretty, they've got canopy 7 trees in them; I just don' t see where that is a real problem 8 with a church parking lot in a neighborhood. We 've got two of 9 them right there in ours . So, I 'm sort of there. I sort of 10 want to support the church because it wants to grow, and I 'm 11 with you all on the same issue. I certainly want the parking 12 off the street of your neighborhood. The only way to get the 13 parking off of your street is to allow the church to build a 14 parking lot. 15 16 If you defer it and they don' t, for another 30 days or even if 17 worst case scenario it gets tabled for a year, you' re still at 18 the same problem. You still have the people in the street 19 parking because the church is there. 20 21 CHAIRMAN HODGSON: Doctor Kwasny? 22 23 COMMISSIONER KWASNY: I think I share your conflict, 24 because that' s how I 'm feeling. I 25 sense that the church has looked at other options to expand 119 1 elsewhere and that this is where they call home; and, therefore, 2 that is why they want to remain in that spot. And they' re 3 trying to, in a sense, because the building is so large, fit a 4 round peg in a square hole, and that' s the community' s concern. 5 And then it rolls down into parking and traffic, and that has to 6 be addressed. So, where I kind of keep finding myself sitting 7 is it' s not ready yet for a decision; that' s how I feel . 8 9 I 'm not sure if deferral is necessarily the answer, but I lean 10 more in that direction than I do in denying because I feel I 'm 11 just, generally, it' s my nature to think there must be a way to 12 come to a compromise, which would be to scale back slightly on 13 the building, perhaps, allow for a little more parking where the 14 building would be drawn back, but then the community also in my 15 mind would have to be willing to allow for an extension of 16 parking into the lot the church owns . So, there would have to 17 be wiggle room on both sides. 18 19 That' s where I am conflicted, because I 'm not sure that that' s 20 -- I haven' t gotten the sense that that ' s possible. So, then I 21 come back to, okay, what kind of decision can we make? Because 22 if it' s not possible to come to a compromise, then we have to 23 make a decision on the application we have, and that' s where I 24 stay conflicted. I haven' t yet been convinced to approve . 25 120 1 CHAIRMAN HODGSON: Mr. Thornton? 2 3 VICE-CHAIR THORNTON: I, like Ron, I 've been sitting here 4 playing with the math because I think 5 that' s a critical thing to think about, think through this 6 rather than just anecdotally, but the building has gotten 7 smaller. They've reduced it by probably more than 25% . They 8 were at 1, 100. Now, they' re at 835. If you take the 835 and 9 divide it by the current code, they' re required to have 167 10 parking spaces . They' re providing 180, plus they've got another 11 plus or minus 70 across the street. And if this new lot back 12 here is added to it, Jeff and I quickly counted this morning, if 13 we did it properly, somewhere in the neighborhood of 70 more 14 parking spaces . Well, if you just round that to 320 and divide 15 it into the 835, that number is 1 space per -- 2 . 6 spaces per 16 seat in the auditorium, which is essentially half of the code. 17 The code allows 167, and they' ll be providing in excess of 300 18 parking spaces . 19 20 And the two things that they have to do operationally, they've 21 got to figure out how to get people across the street to use 22 those 70 parking spaces without getting run over. And he ' s got 23 to tell his folks essentially "don' t park in the neighborhood", 24 and it' s back to the management of the church. If we can 25 numerically fix the numbers, and I think it' s an operational 122 1 problem, we can' t go down there on Sunday, stand in the pulpit 2 and say "hey, pastor, you've got to use this as a bully pulpit 3 and keep these people off the street" . That' s his job, but 4 that' s just as important, or it' s just as important to not let 5 people get run over going across the street using those 70 6 parking spaces . 7 8 So, there ' s adequate parking there, but it' s got to be managed 9 properly. So, I 'm inclined to go along with this because I 'm a 10 fan of churches, and I love to see them grow and I love to see 11 them do what they' re set out to do, and that' s to provide a 12 spiritual basis for the neighborhood. But it ' s going to take 13 some management at the pastoral level because the neighborhood 14 doesn't like 50 cars in their neighborhood every Sunday 15 wandering around seeing 50 cars in the street. And that ' s 16 something you guys have got to get past and you've got to stop 17 doing. So, those are my points . 18 19 COMMISSIONER KWASNY: Bob, the numbers you used, does that 20 include tearing down the house? 21 22 VICE-CHAIR THORNTON: Yes, yes . There was an original site 23 plan that showed parking all the way 24 back. 25 122 1 COMMISSIONER KWASNY: I saw that. 2 3 VICE-CHAIR THORNTON: We just quickly did a fast and 4 furious number count. We may be off, 5 but it' s still 50 to 70 more parking spaces . 6 7 CHAIRMAN HODGSON: When I asked Pastor Williams earlier 8 "would you rather develop where the 9 house sits or across the street", I was hoping he was going to 10 say "across the street", but I had a feeling he was going to say 11 "where the house is" because it' s cheaper, because I would have 12 loved to have seen that lot expand. To me, again, I go back to 13 that' s my ideal world to do that, but I know it' s probably not 14 financially feasible. Or maybe you haven't done enough of a 15 study on that to say "hey, maybe by the time we look at tearing 16 this house down, maybe the lost revenue from that, plus 17 developing that site, maybe it does make sense to increase the 18 size of that lot over there. I don' t know. 19 20 I live at the Oceanfront in a neighborhood called Shadowlawn, 21 and I understand what it ' s like to have cars. I mean, we don' t 22 have it on Sundays. I have it every day in the summer. Our 23 streets are completely clogged. It' s usually one car can pass 24 at a time. And it' s, to me, I understood that when I bought 25 there in that neighborhood, so I chose to live there because of 123 1 that. And I understand these residents bought and they didn' t 2 necessarily buy because that parking was existing like that when. 3 they purchased, if I said that right . So, I would still love 4 for the church to look into that other parking lot further, a 5 little more depth. 6 7 And just like Bob said, I think it really comes down to the 8 pastor controlling his congregation -- I don' t like to use the 9 word "control", that wasn' t the right one -- but suggesting to 10 his congregation to "please, please, respect the neighborhood 11 and do everything you can to stay out off of the streets there" . 12 So, that' s where I 'm leaning right now. I 'd love to see them 13 put that little bit of extra effort into that lot across the 14 street. 15 16 VICE-CHAIR THORNTON: Let me just quickly weigh in on it, 17 and I 'm not a civil engineer, but our 18 colleague, Jack, might be able to. In July of last year, the 19 State of Virginia passed new storm water regs, and the pastor 20 said that he ' s already got a half-a-million-dollar estimate to 21 drain the piece across the street, if I heard that correctly. 22 He ' s already got a filterra system or one planned for this side 23 of the street, so it' s not -- you just can't go across the 24 street and put in curb and gutter and a BMP and make a parking 25 lot out of an acre and a half. And Doug Smith told us earlier 124 1 in the meeting that there' s maybe no place to put that water, so 2 I think there' s some civil engineering limitations to just 3 crossing the road and building a parking lot when he' s already 4 preparing. I mean, you can look and see the scope of this is a 5 huge parking lot with drainage in place, and it probably would 6 not cost incrementally that much more to include that back 7 there. I guess that' s the reason he gave you the answer he gave 8 you. 9 10 COMMISSIONER BROCKWELL: I think, Bob, he made an allusion to 11 some underground storage. There ' s a 12 note on there about underground storm water storage systems, so 13 I guess that ' s the system y'all are going to use is tanks under 14 the parking lot, which aren't cheap. 15 16 CHAIRMAN HODGSON: Anyone else like to weigh in? David? 17 18 COMMISSIONER WEINER: I 'm not going to reiterate what 19 everybody else says, but I 'm pretty 20 much in favor f this . But what I 'd really like to see is, Mr. 21 Ivy, I don't know if you can do this, this is more of a 22 landscape issue, but I would like for you to have a rendering of 23 the house in the Category 6, because a lot of times we like to 24 approve things that are already here, like your elevations that 25 are here. That ' s how we like to see them before it goes to 12.5 1 Council . I think it would be nice if everybody saw what a 2 Category 6 landscaping looked like, because a lot of people 3 don't know what that looks like. I don't really know what that 4 looks like. I would loved to have seen that to help out a 5 little bit. But maybe between now and then, if it goes that 6 far, you could have that to show the community what it looks 7 like. 8 9 KAREN LASLEY: And we have good pictures of that in 10 the office. But, yes, I was thinking 11 between now and Council we can amend this, do a site plan that 12 shows the buffer. And Category 6, it may be better to do the 13 privacy fence and a Category 4 landscaping where you have trees 14 every so many feet with the evergreen hedge in-between. Some of 15 those trees would grow up and help create a really nice buffer. 16 17 COMMISSIONER WEINER: Just a thought. 18 19 CHAIRMAN HODGSON: Anyone else before we vote? 20 Mr. Ripley? 21 22 COMMISSIONER RIPLEY: I 'm going to make the motion. 23 24 CHAIRMAN HODGSON: Motion made by Commissioner Ripley. 25 126 1 COMMISSIONER RIPLEY: I 'd like to make a motion to approve, 2 and I would like for the approval to 3 include the land owned by the church on Bald Eagle Road and this 4 conditional use permit for the projection of -- that' s projected 5 to contain approximately 70 parking spaces acceptable to the 6 Planning Director, said parking lot to be buffered with Category 7 6 or a combination of Category 6 and 4, also acceptable to the 8 Planning Director. 9 10 CHAIRMAN HODGSON: Motion made. Is there a second? 11 12 COMMISSIONER WEINER: Second. 13 14 CHAIRMAN HODGSON: Second made by Commissioner Weiner. 15 Mr. Weeden, we' re ready to vote. 16 17 ADMINISTRATOR WEEDEN: By a vote of 10 to 1, the Planning 18 Commission has approved the 19 application of Piney Grove Baptist Church, to include the land 20 owned by the church on Bald Eagle Road. 21 22 (Whereupon, the discussion of this matter was concluded. ) 23 24 25 L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD—CSB PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT ****************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 07/07/2015 PAGE: 1 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DN OK MMS HL W O YL N A O O O R S 0 R E E ENS NMI 00 T R YS E S DS NND CITY MANAGER'S BRIEFINGS A. INTEGRATED HOUSING STRATEGY Andrew Friedman, Director-Housing /Neighborhood Preservation James K.Spore,City B. ECONOMIC VITALITY Manager Warren Harris, C. BIO-MEDICAL INITIATIVE Director—Economic Development D. VETERANS CARE CENTER Warren Harris, Director—Economic Development IUIIUIV/ RECESS TO CLOSED SESSION APPROVED 9-0 A Y Y Y Y A Y Y Y Y Y V/VI-C E CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y A Y Y Y Y Y VI-F MINUTES APPROVED 8-0 Y Y Y Y Y A Y A Y A June 16,2015 s s T T A A I I N N E E D D PUBLIC HEARING NO SPEAKERS ACQUISITION/CONDEMNATION re road improvements Princess Anne/ Pleasant Ridge/West Neck Roads J-1 Ordinance to AUTHORIZE Acquisition ADOPTED BY 9-0 Y Y A Y Y A Y Y Y Y Y by Agreement or Condemnation of r/o/w CONSENT for Princess Anne/West Neck/Pleasant T Ridge Roads A 2. Ordinance to AUTHORIZE sale of ADOPTED BY 10-0 Y Y Y Y Y A Y Y Y Y Y School Board property re a Pump Station; CONSENT and,ALLOW sale proceeds to the School Board CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 07/07/2015 PAGE: 2 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O YL N A O O O R S 0 R E E ENS NMI 00 T R Y S E S DS NND 3 Ordinance to AUTHORIZE ADOPTED BY 10-0 Y Y Y Y Y A Y Y Y Y Y Encroachments into City-owned property CONSENT for LLEWELLYN E./TERESA S. JALBERT,known as Lake Wesley,for floating piers at 512 Kerry Lane DISTRICT 6—BEACH 4 Ordinance to AMEND FY 2016 Budget ADOPTED BY 10-0 Y Y Y Y Y A Y Y Y Y Y for Housing/Neighborhood Preservation re CONSENT adjustments to Federal Funding Grants 5. Ordinance to APPROPRIATE$15,000 ADOPTED BY 9-0 Y Y Y Y Y A Y A Y Y Y from the Charity Golf Classic/Networking CONSENT Reception/AUTHORIZE donations to T The Urban League/Global Studies and A World Languages Academy at Tallwood High SchooINBPS STEM Robotic E Challenge D 6. Ordinance to ACCEPT/APPROPRIATE ADOPTED BY 10-0 Y Y Y Y Y A Y Y Y Y Y an$8,000 Grant to Human Services'Social CONSENT Media Awareness Campaign re underage alcohol consumption K-1 CAVALIER VENTURES, APPROVED, 7-0 A Y Y Y Y A Y A A D y LLC/CAVALIER ASSOCIATES,LLC CONDITIONED,BY s s s s s s CUP re a Craft Distillery Cavalier Hotel CONSENT T T T C at 4200 Atlantic Avenue A A A L DISTRICT 6—BEACH D N N S E E E D D D 2 WHLR—LASKIN ROAD,LLC CUP re APPROVED, 10-0 Y Y Y Y Y A Y Y Y Y Y a Marina at 948 Laskin Road CONDITIONED,BY DISTRICT 5—LYNNHAVEN CONSENT 3 SHORE DRIVE FARM MARKET, APPROVED, 10-0 Y Y Y Y Y A Y Y Y Y Y LLC/SHORE PAR REALTY CUP re CONDITIONED,BY an Open Air Farm Market at 2961 CONSENT Shore Drive DISTRICT 5—LYNNHAVEN 4. C.P.MARINE/DIESEL SERVICES, APPROVED, 10-0 Y Y Y Y Y A Y Y Y Y Y INC/SPENCO,L.P CUP re Auto Repair CONDITIONED,BY at 1399 Air Rail Avenue CONSENT DISTRICT 4-BAYSIDE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 07/07/2015 PAGE: 3 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O Y L N A O O O R S 0 R EE ENS NMI 00 T R YS E S DS NND 5 (a)PAUL S.BROWN FAMILY,LLC DEFERRED 10-0 Y Y Y Y Y A Y Y Y Y Y for a COZ from R-20 to I-1 re an access INDEFINITELY,BY roadway CONSENT (b)BT HOLDINGS III,LLC COZ from AG-1/AG-2 to Conditional I-1/a CUP re a Bulk Storage Yard at Harpers Road/Dam Neck Roads: DISTRICT 7—PRINCESS ANNE 6 CITY OF VIRGINIA BEACH ADOPTED BY 10-0 Y Y Y Y Y A Y Y Y Y Y AMEND the COZ: CONSENT reference the Shore Drive Corridor Plan/Design Guidelines Defining"Farm Distillery"as Principal Use in AG-1/AG-2 M. APPOINTMENTS RESCHEDULED B Y CONS ENS U S BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD— CSB PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION BAYFRONT ADVISORY Reappointed 3-Yr 10-0 Y Y Y Y Y A Y Y Y Y Y COMMISSION Term 7/1/15-6/30/18 Scott Ayers DEVELOPMENT AUTHORITY Reappointed 4-Yr 10-0 Y Y Y Y Y A Y Y Y Y Y Term 9/1/15-8/31/19 Brian Cuffee Joseph E.Strange INVESTIGATIVE REVIEW PANEL Reappointed 3-Yr 10-0 Y Y Y Y Y A Y Y Y Y Y Term 9/1/15-8/31/18 William"Billy" Almond,Alternate Robert R."Bobby" Beasley,Alternate Barbara Booker- Williams William A.Hearst, Alternate CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 07/07/2015 PAGE: 4 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS H L W O YL N A O O O R S 0 R EE ENS NMI 00 T R Y S E S DS NND PARKS and RECREATION Appointed 3-Yr Term 10-0 Y Y Y Y Y A Y Y Y Y Y COMMISSION 9/1/15-8/31/18 Pat Dolan, Centerville Reappointed 3-Yr Term 9/1/15-8/31/18 Dane Blythe,At- Large Kema Geroux, Lynnhaven PERSONNEL BOARD Appointed Unexpired 10-0 Y Y Y Y Y A Y Y Y Y Y of Kristen Osborne through 2/18/19 Susan Salafranca, Alternate REVIEW and ALLOCATION Reappointed 3-Yr 10-0 Y Y Y Y Y A Y Y Y Y Y COMMITTEE—COG Term 9/1/15—8/31/18 Kimberly Shepherd, At Large Debra R.Steiger, Hampton Roads Community Foundation VIRGINIA MUSEUM OF Reappointed 3-Yr 10-0 Y Y Y Y Y A Y Y Y Y Y CONTEMPORARY ART—TRUSTEES Term 8/1/15-7/31/18 Glenn R.Davis R.Preston Midgett N/O/P ADJOURNMENT 6:10 PM PUBLIC COMMENT NO SPEAKERS