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HomeMy WebLinkAboutJANUARY 8, 2002 AGENDACITY COUNCIL Cilv of Vir ir i8 F each MAYOR MEYERA E. OBERNDORF, At-Large ~I~E MAYOR WILLIAM D. SESSOMS, JR., At-Large ¥~rWOOD O. BRANCH, III, Beach - District 6 I~ARGARET L EURE, Centerville - District 1 WILLIAM W. HARRISON, JR., Lynnhaven - District 5 BARBARA M. HENLEY, Princess Anne - District 7 LOUIS R. JONES, Bayside - District 4 REBA S. McCLANAN, Rose Hall - District 3 ROBERT C. MANDIGO, JR., Kempsville - District 2 NANCY K. PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K. SPORE, City Manager LESLIE l~ LIL[-~E City Attorney RDTH HODGES-SMITH. MMC, City Clerk "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456.9005 PHONE: (757) 427-4304 FAX: (757) 426.5669 EMAIL. Ctycncl @ chy. virginia-beach, vt~ us January 8, 2002 CITY MANAGER'S BRIE~ - Conference Room - 1:30 PM Ao Bo PRINCESS ANNE COMMONS Design Criteria/Comprehensive Marketing Plan Jack Whitney, Director - Department of Agriculture Karen Prochilo, Community Design Planner - Department of Planning SHORE DRIVE TRANSPORTATION STUDY E. Dean Block, Director - Department of Public Works REVIEW OF AGENDA ITEMS 1II. CITY COUNCIL COMMENTS INFORMAL SESSION - Conference Room - Ao Bo CALL TO ORDER - Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL /0- RECESS TO CLOS~ SESSION 3:00 PM V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Co Reverend/tdli~t~a~./~)n,,,~,t ~' Virginia Beach Freewill Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCII~ CERTIFICATION OF CLOSED SESSION Fo [1~-~ 1. INFORMAL & FORMAL SESSIONS December 18, 2001 G. AGENDA FOR FORMAL SESSION H. PUBLIC ~ARINGS: 1. ELECTION DISTRICT PRECINCT CHANGES: Close the Forest voting precinct Modify the boundaries of the Malibu voting precinct Establish new polling places for the Seatack and North Beach voting precincts 2. TAX EXEMPTION REQUESTS: ao American Environment Foundation Beth Sholom Terrace I. ORDINANCES/RESOLUTIONS Ordinance to AMEND §10-1 of the City Code: a. Close the Forest voting precinct b. Modify the boundaries of the Malibu voting precinct c. Establish new polling places for the Seatack and North Beach voting precincts Resolutions re legislation to designate the following benevolent corporations TAX ~l~:rr re all state and local real estate ~a~n~ d personal p~roperty: ~ _.) - -Be~ Sholom Temce Resolution to ACCE~ the Beaches and Waterways Advisory Commission's Personal Watercraft Advisory Report; and, request the City Manage to effectuate the appropriate action. ~linance to AMI[ND § 23-51 and § 23.53.1 of the City Code re Tattooing and Body Piercing (Deferred December 11, 2001) Ordinance to AUTIIOIIlT. F. expenditure of capital project funds in the amount of $160,000 ~~..~ re Sandbridge Corridor improvements and costs associated with the U S Fish and Wildlife ~,.,~~ Services acquisition of the Lotus Creek property. _ Ordinance to declare EXC~ PROPERTY on Lot 1 lA acquired by the C'tyl for Harbor Point Road Extended and exchange said property to F. WAYNlg and CtlERYL P. [[20McLESKEY for which they will convey Parcel B and C to the Cit3r, and, auth~ the City Manager to execute an agreement for the exchange of said property. (Deferred December 18,2001) ~,~L,7 p,~ c~,~,.~94, Ordinance to ~ acquisition of property in fee simple for public parking at the Virginia Beach Pavilion Conference Center, either by agreement or condemnation. Ordinance to ~ temporary encroachments into a portion of the City's right-of-way of Cranston Lane by TIDEWATER IMPORTS, INC., re constructing and maintaining two (2)-4" PVC Conduits. ~ (~~ ,,.r/Petition of OLD BRANDON INVESTMENT COMPANY, LLC, for the discontinuance, closure and abandonment of a portion of Old Providence Road west of the intersection at Indian River Road and Providence Road, ~ incorporate the area into four adjoining lots, containing 13,748 square feet. (CENTERVILLE DISTRICT 1) Deferred: ' December 18, 2001 Recommendation: APPROVAL . ~ ? ,~ A~ ~./9_ a-. MODIFICATION OF co~r~moNs for VOICE STRE~ WIRELESS to construct a 10-foot extension to an existing communication tower approved on a June 9, 1998, Conditional Use Permit granted SPRINT PCS on the west side of Lawson Road, south of Thoroughgood Road (1707 Lawson Road), containing 22,500 square feet. (BAYSIDE - DISTRICT 4) Recommendation: APPROVAL ~ ~,a,~.~ t_v ~/~/ro*-/- ~ ~ MODL~ZICATION OF com)moN NO. 1, allowing 80 beds within 76 units on an approved Conditional Use Permit for housing for the elderly granted to BETH SHOLOM TERRACE on March 9, 1999 and modified on December 7, 1999, at 1100 College Park Boulevard, containing 6.131 acres. (CENTERVILLE - DISTRICT 1) Recommendation: Application of FRANK DOCZI for a Conditional Use Permit for a riding academy and ]?f'"'~/'boarding horses at the southwest intersection of Pleasant Ridge Road and CharityNeck Road (1613 Pleasant Ridge Road), containing 20.2 acres. . a,Rn c ss msrmcrT) 2 Deferred: ''~ '- - Decem6er 18, 2001 Recommendation: APPROVAL 5~ Application of WOODFIN HEATING, INC., for a Conditional Use Permit for an . 0~. automobile service station (fuel pumps) re unraarmed 24-hour fleet fueling facility at the " [(~, ~ ~..u~the~.~t} comer of Diamond Springs Road and Haden Street, containing 6.918 acres. lO' ~-vw'~X~S~E- DISTRICT 4) Recommendation: APPROVAL Application of GARY E. WEILER for a Conditional Use Pemait for housing for seniors at the southwest intersection of Lynnhaven Parkway and Indian River Road, containing 7.808 acres. (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL Application of SANDBRIDGE COMMUNITY CHAPEL UNITED METHODIST CHURCH for a Conditional Use Permit for a child care center in a church at the northwest and southwest intersections of Sandpiper Road and Bonita Lane (3041 Sandpiper Road, containing 32,177 square feet and 300 Bonita Lane, containing 25~811 square feet) (PRINCESS ANNE - DISTRICT 7) Recommendation: APPROVAL --~/~ 14~]%plication~ of SHAHPOR MAHGEREFrEIt fora Conditional Use Permit. for motor vehicle sales at the northeast comer Haygood of Road and Crossborough Road (4880 Haygood Road), containing 39,988 square feet. (BAYSIDE - DISTRICT 4) Recommendation: APPROVAL Ko APPOINTMENTS REVIEW AND ALLOCATION COMMI'IWEE (COG) L. · UNFINISHED BUSINESS Mo NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - November 2001 N. ADJOURNMENT CITY COUNCIL SESSION (January 2002) January 22, 2002 - Administrative & Planning If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 01/04/02BAP AGENDA\01508502. www.virginia-beach.va, us CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WltEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Ho PUBLIC HEARINGS: 1. ELECTION DISTRICT PRECINCT CHANGES: ao Close the Forest voting precinct Modify the boundaries of.the Malibu voting precinct. Establish new polling places for the Seatack and North Beach voting precincts 2. TAX EXEMPTION REQUESTS: American Environment Foundation Beth Sholom Terrace THE BEACON THE BEACON SUnday. Dgcemb~ 23~ 2001 Sunday, December. JO, 200'1 THEBEACON Sunday, December 30~ 200'1 NOTICE OF PUBUC HEARING Propos~ exemption o~ Ameri~m EnvbMmer~ ~xmdatJo. _ . ~a~~~ ~.luesaay, Janua~ 8. 2~2, at 6-~ ~.m~'in ~in~ ~islation W~ic~ Will ~si~te R~I a~ ~al Pm ~.~ ~ eno ~nal = ~.~,,-, ~u~ ~at~ in the ~ ...... . ~[~y u ~ ap~oxi~tely $129 50 in tad'yea; . - . ~ ....... ~,oxoin ~r 2~1 · ~xes ~ ~s r~l ~o~ m ~ ~ar 2~1~2 ~ $3.926 16 ~2, A copy of the re~lution is on file in the o~ of ~e Ci~ Clerk. All intere~ ~ns are wel~me to ap~ar at the ~anng aha ~sent ~ir vi~ ~ ~is ~o~ ex~on. ~ y~ am ~1~ di~. or hearing or vis~lly im~ir~, and ~u n~ a~i~e lng, pM~ ~11427~305 V~e/TDD. Rulh Hocl~es Smith. MMC C~ty C~k THE BEACON . . Sunday, December 30~ 200'1 Proposed NOTICE OF PUBLIC HEARING exemption of Be~ Sholam Ten.ace Tram local On' - - .luesaay, ~anua~y 8 2002 at 6'00 p m ~-I~ Council Ch on me second floor of~ ' * '. · · ambe; · . e City Hall Builchng. MuniciDal Center · ' ...B~.,?~h: .V'~gin,a: ~ City Council of the Ci~ of Virginia , ..V',~in.~a po=tin; L,~i-~-+~-- m~-Y ..... _--_.~..--,-, m,u~ ~ Kesolu~ion ~uD ~-.-~ ~--,.,, .,m;..~vm ~JeSlRrmte ResI and P~_r~.,~.=~ owns no tan;ible ~,.,,;~'~, ..... ~. ,_-~__-.,?,~ .,~, ~,. ~_.e{mce currentl~ Beach, however ,t ex - ty rg;ma afl~.~-~,--o-.~Z.~___~ I~.CtS t.o_acqmre personal propert wi h ..... ,,~ ~,~v in tax year 2002 Be~ Shoa~- ~r~--'__" ~"~".~ owns no real ~operty Iocaled in Ih ....... e ~y o; V",Sinia ~each. expects to acquire real DROP". -~*~ -- - - ;J~vever, of $~49 ~;~ ;- ,~- -'---~: ~-~ "-~' <m~aPprox;mate assessed value , 3 ....... '.'~,~"aa,.~uu3...vz andtaxeson - -- year 200:1-02 wOuld be $60.314.97: [his proDer~ ~n A copy of the resolu[ion is on file in the office of the C, Clerk interested persons are welc~,~ · .......... 'ty . . All their views on this ,~-~,~--~'-'2--'"-~-~a~.! ac me nearir~ aha present or hearln8 or wSUall ~ ' __ . I:)h~mally disabled. · y repaired, and you need a ' m[. Dlease call 427-4305 Voice/TDD. ss~stance at th,s meet. o Ordinance to AMEND §10-1 of the City Code: a. Close the Forest voting precinct b. Modify the boundaries of the Malibu voting precinct c. Establish new polling places for the Sea/ack and North Beach voting precincts Resolutions re legislation to designate the following benevolent corporations EXEMPT re all s/ate and local real estate and personal property: a. American Environment Foundation b. Beth Sholom Terrace Resolution to ACCEPT the Beaches and Waterways Advisory Commission's Person Watercraft Advisory Report; and, request the City Manage to effectuate the appropriate action. Ordinance to AMEND { 23-51 and § 23.53.1 of the City Code re Tattooing and Body Piercing (Deferred December 11, 2001) Ordinance to AUTHORIZE expenditure ofcapi/al project funds in the amount of $160,000 re Sandbridge Corridor improvements and costs associated with the U S Fish and Wildlife Services acquisition of the Lotus Creek property. Ordinance to declare EXCESS PROPERTY on Lot 1 lA acquired by the City for Harbor Point Road Extended and exchange said property to F. WAYNE and CItERYL p. McLESKEY for which they will convey Parcel B and C to the City;, and, authorize the City Manager to execute an agreement for the exchange of said property. (Deferred December 18,2001) Ordinance to authorize acquisition of property in fee simple for public parking at the Virginia Beach Pavilion Conference Center, either by agreement or condemnation. Ordinance to authorize temporary encroachments into a portion of the City's right-of-way of Cranston Lane by TIDEWATER IMPORTS,/NC., re constructing and maintaining two (2) - 4" PVC Conduits. . CITY OF VIRGINIA BEA CH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance to Amend and Reordain Section 10-1 of the City Code by Closing The Forest Precinct, Expanding the Boundaries of the Ma/ibu Precinct And Establishing New Polling P/aces for the Seatack and North Beach Precincts MEETING DA TE: January 8, 2002 Background: The Virginia Beach Electoral Board voted on December 3, 2001 to close the Forest precinct because it is small and unnecessary due to changes in the 200'/ statewide redistricting. The Board has a/so voted to move the polling location forthe Seatack and the North Beach precincts. Considerations:. 1. Forest Precinct will be closed and the voters of that precinct will be combined with the Malibu precinct. The polling location will be located at Malibu Elementary School, at 3632 Edinburgh Drive. 2. The Seatack Precinct polling p/ace is currently located at the Virginia Beach Law Enforcement Training Academy located at 411 Integrity Way. The growth and development of the Law Enforcement Training Academy has caused the area to become very congested and there is a lack of voter parking. The polling location will be moved to Seatack Community Recreation Center located at '/41 S. Birdneck Road. 3. The North Beach Precinct polling place is moved to the First Baptist Church of Virginia Beach at 401 3~h Street; this site had been used last election on an emergency basis. These locations meet requirements of the Americans with Disabilities Act. These changes will become effective upon approval by the U.S. Department of Justice pursuant to the Voting Rights Act of 1965, as amended. Public Information: As required by Section 24.2-306 of the Code of Virginia notice of these proposed changes were published in the newspaper once a week for two consecutive weeks. Affected voters will receive new voter cards with the name and addresses of the new polling locations. An advertisement will be placed in the newspaper prior to the next election to remind voters, and a press release will aisc be prepared to alert voters. Budgetary Impact: The cost for the notification of citizens will be $1,245.00 and funds are available in FY 2001-2002 budget. Recommendations: Adopt the proposed changes. Attachment: Ordinance Map Recommended Action: Approval Submitting Department/Ag, ency: M~arlene Claya Hager, Voter Registrar City Manage~~,~,~ ~. . ~~ Ordin~NONCODE~F<~restandSeatuckPrecinct. ad. wpd 4 5 6 7 8 9 10 11 13 15 16 17 18 19 2O 21 22 24 25 26 27 28 29 3O 31 32 33 35 36 AN ORDINANCE TO AMEND AND REORDAIN CITY CODE ~ 10-1 BY CLOSING THE FOREST PRECINCT AND ESTABLISHING NEW POLLING PLACES FOR THE SEATACK AND NORTH BEACH PRECINCTS SECTION AMENDED: ~ 10-I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the City Code is hereby amended and reordained to read as follows: Sec. 10-1. Establishment of precincts and polling places. There are hereby established in the city the following precincts and their respective polling places, as set forth below: Precinct Alanton Aragona Arrowhead Baker Bayside Bellamy Blackwater Bonney Brandon Brookwood Buckner Cape Henry Capps Shop Centerville Chesapeake Beach College Park Colonial Colony Courthouse Creeds Polling Place Alanton Elementary School Kemps Landing Magnet School Arrowhead Elementary School Heritage United Methodist Church Bayside Elementary School Salem Middle School Blackwater Fire Station Center for Effective Learning Brandon Middle School Brookwood Elementary School Holy Spirit Catholic Church Research and Enlightenment Building (Edgar Cayce Library) P.A. Mosquito Control Building Centerville Elementary School Bayside Baptist Church College Park Elementary School Colonial Baptist Church Lynnhaven Colony Congregational Church Courthouse Fire Station Creeds Fire Station 37 40 4~ 42 43 44 45 47 49 50 5~ 52 53 54 55 5~ 57 59 60 ~2 ~3 ~4 ~5 ~8 Culver Dahlia Davis Corner Eastern Shore Edinburgh Fairfield Foxfire Glenwood Great Neck Green Run Hilltop Holland Homestead Hunt Indian Lakes Kings Grant Kingston Lake Smith Landstown Larkspur Linkhorn London Bridge Lynnhaven Magic Hollow Malibu Mt. Trashmore North Beach Ocean Lakes Ocean Park Oceana Ocean Lakes High School Green Run High School Berrie F. Williams Elementary School Eastern Shore Chapel St. Aidan's Episcopal Church Fairfield Elementary School Kings Gzant .................. Princess Anne Middle School Glenwood Elementary School All Saints Episcopal Church Green Run Elementary School Good Shepherd Lutheran Church Holland Elementary School Providence Presbyterian Church Princess Anne Recreation Center Indian Lakes Elementary School St. Nicholas Catholic Church Kingston Elementary School Bayside Church of Christ Landstown Community Church St. Andrews United Methodist Church Virginia Beach Community Chapel London Bridge Baptist Church Grace Bible Church Roma Lodge No. 254 Malibu Elementary School Windsor Woods Elementary School ~-~-- Episcopal .......... First Baptist Church of VirGinia Beach Ocean Lakes Elementary School Bayside Christian Church Scott Memorial United Methodist Church 2 7O 73 74 75 76 77 78 79 81 ~3 84 85 86 87 88 89 9O 91 -~,2 93 94 95 96 97 98 99 100 101 Old Donation Pembroke Plaza Point O'View Providence Red Wing Rosemont Forest Roundhi!l Rudee Salem Seatack Shannon Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Thalia Thoroughgood Timberlake Trantwood Village Windsor Oaks Witchduck Wolfsnare Woodstock Central Absentee Voter Precinct Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Elementary School Kempsville Church of Christ Kempsville Recreation Center Fire Training Center Rosemont Forest Elementary School Salem High School Virginia Beach Volunteer Rescue Squad Building Salem United Methodist Church Vizginia Death Law Enfozcement T=alnlng Academy Seatack Community Recreation Center Church of the Ascension Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church St. John the Apostle Catholic Church Contemporary Art Center of Virginia Providence Elementary School Strawbridge Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Thalia Lynn Baptist Church Windsor Oaks Elementary School Bayside Presbyterian Church Virginia Beach Christian Life Center Avalon Church of Christ Agriculture/Voter Registrar Building 3 103 104 106 107 BE IT FURTHER ORDAINED: That the Malibu precinct boundaries are expanded to encompass the former Forest precinct, as detailed on the map titled "Precinct Boundary Changes" filed with the City Clerk on January 8, 2002, are hereby approved. 108 109 110 111 112 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2002. CA-8290 DATA/ORDIN/PROPOSED/10-1.ord.wpd R3 December 18, 2001 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: Department of OLD p~R~ H! NEW BON ,:CREEK INi~ PARK I...I ! CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Resolution Supporting Legislation to Designate Real and Personal Property Owned by American Environment Foundation as Being Exempt from State and Local Real and Personal Property Taxation MEETING DATE: Januaz:y 8. 2002 Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by a three-fourth vote of the General Assembly. At § 30-19.04 of the Code of Virginia, the process is set forth for designating specific organizations as being exempt from state and local taxation. The procedure requires a taxpayer seeking an exemption by designation to request a resolution of the local goveming body supporting such an exemption. The City's application form asks for all the information that the City Council must consider. The Department of Finance has reviewed relevant information contained in the application for accuracy and completeness. The Council may, after conducting a public hearing, adopt a resolution that supports the request for tax exemption; alternatively, it may refuse to act or adopt such a resolution. Considerations: American Environment Foundation's purpose is "to approach the problem of wildemess and wildlife preservation by joining with other like minded groups to alert and educate the public of practices and policies detrimental to our environment." The organization currently owns real property (an office building on Laskin Road)in the City of Virginia Beach assessed at $371,816 in tax year 2001-02; taxes on this real property in tax year 2001-02 are $3,926.16. American Environment Foundation owns tangible personal property (office equipment with an approximate assessed value of $3,500; taxes on this personal property would be $129.50 in tax year 2002. In 2000, American Environmental Foundation previously requested the City Council to support a resolution exempting it from local property taxation; however, the City Council voted against adopting such a resolution. Public Information: Pursuant to § 30-19.04 (B) of the Code of Virginia, an ad was run five days before the City Council meeting to give notice of the required public hearing. Attachments: Resolution Recommended Action: N/A Submitting Department/Agency: City Attorney City Manager~~, ~._, ~~ Ordin\N ONCODE~A, mEnviron .arf.wpd 1 2 3 5 6 7 8 9 10 11 13 15 16 17 18 19 20 21 22 23 25 26 27 28 29 30 31 32 .-33 34 35 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY AMERICAN ENVIRONMENT FOUNDATION AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, American Environment Foundation has requested that the Council of the City of Virginia Beach adopt a resolution in support of its request that the General Assembly act in accordance with Article X, ~ 6(a) (6} of the Constitution of Virginia to designate the real and personal property of American Environment Foundation as being exempt from local real and personal property taxation; WHEREAS, American Environment Foundation owns real property located in the City of Virginia Beach (the "City"), with an assessed value of $371,816 in tax year 2001-02; taxes on this property in tax year 2001-02 are $3,926.16; WHEREAS, American Environment Foundation owns tangible personal property in the City with an approximate assessed value of $3,500; taxes on this property would be $129.50 in tax year 2002; WHEREAS, pursuant to ~ 30-19.04(B) of the Code of Virginia, the Council of the City of Virginia Beach has properly advertised and conducted a public hearing prior to the adoption of this resolution, giving all citizens an opportunity to be heard; WHEREAS, the provisions of ~ 30-19.04(B) of the Code of Virginia have been examined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that American Environment Foundation should be designated as a benevolent organization within the context of ~ 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property located in the City of Virginia Beach owned by American Environment Foundation and used by it 36 40 41 42 4B 44 4~ 47 exclusively for benevolent purposes on a nonprofit basis should be exempt from local real and personal property taxation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach, Virginia hereby supports the enactment of legislation designating American Environment Foundation as a benevolent organization within the context of ~ 6(a) (6) of Article X of. the Constitution of Virginia and exempting from local property taxation all real and personal property owned by Pm%erican Environment Foundation, that is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA8357 OrdinkNONCODEkAraEnviron.res.wpd December 26, 2001 R2 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney~ Office TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Resolution Supporting Legislation to Designate Real and Personal Property Owned by Beth Shoiom Terrace as Being Exempt from State and Local Real and Personal Property Taxation CITY OF VIRGINIA BEACH AGENDA ITEM MEETING DATE: 3aauaz:y 8, 2002 Background: Article ×, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by a three-fourth vote of the General Assembly. At § 30-19.04 of Code of Virginia, the process is set forth for designating specific organizations as being e×empt from state and local taxation. The procedure requires a taxpayer seeking an exemption by designation to request a resolution of the local governing body supporting such an exemption. The City's application form asks for all the information that the City Council must consider. The Department of Finance has reviewed relevant information contained in the application for accuracy and completeness. The Council may, after conducting a public hearing, adopt a resolution that supports the request for tax exemption; alternatively, it may refuse to act or adopt such a resolution. Considerations: According to its application, Beth Sholom Terrace is a new "subsidiary" that has been created by Beth Sholom Home of Eastern Virginia. Beth Sholom Terrace will be an assisted living residence that will provide care and housing for persons who need some degree of assistance or who have cognitive disorders such as Alzheimer's disease, but who do not need nursing home care: The organization currently owns no real property in the City of Virginia Beach; however, it expects to receive real property (already tax exempt) from Beth Sholom of Eastem Virginia with an approximate assessed value of $4,493,850 in tax year 2001-02, and taxes on this property in tax year 2001-02 would be $60,314.97. Beth Sholom Terrace owns no tangible personal property in the City of Virginia Beach; however, it expects to acquire personal property required to operate the facility with an approximate assessed value of $160,000, and taxes on such personal property would be $5,920 in tax year 2002. Beth Sholom Terrace previously requested the City Council to adopt a resolution supporting an exemption from local property taxation; the City Council deferred this request indefinitely on January 22, 2000. As noted in its response to question 14 on the application form, Beth Sholom Terrace now expects an endowment fund will enable it to make available up to 10% of the total occupancy capacity of the Terrace for lower-income persons. Beth Sholom Terrace has also requested the City Council to support a January 1,2002 effective date for legislation exempting it from property taxes. Public Information: Pursuant to § 30-19.04 (B) of the Code of Virginia, an ad was run five days before the City Council meeting to give notice of the required public hearing. Attachments: Resolution Recommended Action: N/A Submitting Department/Agency: City Attorney City Manage~:~ ~Ordin\N ON C~;iBe~h Sholorn.arf. wpd 2 3 3 6 A RE~OLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY BETH SHOLOM TERRACE AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION 7 8 10 11 13 15 16 17 18 19 20- 21 22 23 25 26 27 28 29 30 31 32 33 35 WHEREAS, Beth Sho!om. Terrace has requested that the Council of the City of Virginia Beach adopt a resolution in support of its request that the General Assembly act in accordance with Article X, ~ 6(a) (6) of the Constitution of Virginia to designate the real and personal property of Beth Sholom Terrace as being exempt from local real and personal property taxation; WHEREAS, Beth Sholom Terrace currently owns no real property located in the City of Virginia Beach (the "City"); however, it expects to receive real property with an approximate assessed value of $4,493,850 in tax year 2001-0'2, and taxes on this property in tax year 2001-02 would be $60,314.97; WHEREAS, Beth Sholom Terrace owns no tangible personal property located in the City; however, it expects to acquire personal property with an approximate assessed value of $160,000, and taxes on this property would be $5,920 in tax year 2002; WHEREAS, pursuant to ~ 30-19.04(B) of the Code of Virginia, the Council of the City of Virginia Beach has properly advertised and conducted a public hearing prior to the adoption of this resolution, giving all citizens an opportunity to be heard; WHEREAS, the provisions of ~ 30-!9.04(B) of the Code of Virginia have been exannined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that. Beth Sholom Terrace should be designated as a benevolent organization within the context of ~ 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property located in the City of Virginia Beach owned by 36 37 8 39 40 41 42 43 44 45 6 47 %8 49 5O 51 Beth Sholom Terrade and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from local real and personal property taxation. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia hereby supports the enactment of legislation designating Beth Sholom Terrace, as a benevolent organization within the context of ~ 6(a) (6) of Article X of the Constitution of Virginia, and exempting from local property taxation all real and personal property owned by Beth Sholom Terrace that is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis. 2. That the Council of the City of Virginia Beach supports a January 1, 2002 effective date for legislation exempting Beth Sholom Terrace from local property taxation. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA8356 Ordin~NONCODE\BethSholomTer. res. wpd December 26, 2001 R2 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's/"Offic~~/' ' 2 AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Beaches and Waterways Advisory Commission Personal Watercraft Advisory Report Adoption MEETING DATE: 3anua]:y 8. 2002 Background: At its October 10, 2000 meeting, City Council directed the Virginia Beach Beaches and Waterways Advisory Commission to review the City's existing policies and regulations related to personal watercraft and to form recommendations for changes to improve boating safety. The task was expanded on April 26, 2001, by letter from the City Manager, to include consideration of the impacts of noise generated by boating in general. In response, the Beaches and Waterways Advisory Commission formed a Personal Watercraft Subcommittee which conducted the review, gathered public input, and formed recommendations during seven open meetings. The Subcommittee held a publicwcrkshop on April 19, 2001. The full Commission adopted the Subcommittee's recommendations on May 15, 2001 and the final report was forwarded to City Council by letter from Chairman Fraim on May 21,2001. Considerations: The report contained recommendations to: enhance public education and encourage voluntary behavior standards; revise various sections of the City Code related to boating; request that the General Assembly enact revisions to existing State Code provisions related to boating; and, enhance enforcement. Staff from the Police Marine Patrol, the Department of Emergency Services and Public Works participated in the Subcommittee meetings, and have reviewed and concur with the report. Public Information: Representatives from personal watercraft enthusiast organizations, the personal watercraft retail and rental industry, and concerned waterfront property owners were invited, attended and participated in the Subcommittee's meetings. Approximately twenty citizens attended the Subcommittee's April 19, 2001 public workshop. Alternatives: Endorse the recommendations of the Report Refer the topic back with more specific guidance No Action Recommendations: Adopt the attached resolution to accept the Personal Watercraft Advisory Report of May 2001 and request appropriate action by the City Manager. Attachments: 1. 2. Personal Watercraft Advisory Report of May 2001 Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: Public Worl~ for the Beaches and Waterways Advisory Commission City Manager: .,.d.,~.~ ,,/~ ...~.-.._ l.~_~>.~_- 5 6 7 8 10 12 13 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 A RESOLUTION TO RECEIVE AND ACCEPT THE BEACHES AND WATERWAYS ADVISORY COMMISSION'S PERSONAL WATERCRAFT ADVISORY REPORT AND TO REQUEST APPROPRIATE ACTION BY THE CITY MANAGER WHEREAS, the Beaches and Waterways Advisory Commission was charged with preparing a Personal Watercraft Advisory Report, which reviews the City's regulations and policies related to personal watercraft; and WHEREAS, a subcommittee of the Advisory Commission, the Personal Watercraft subcormmittee, researched the issues involved and prepared a comprehensive report, which includes recommendations as to public education on personal watercraft operation, as well as suggested City Code and State Code revisions; and WHEREAS, the Beaches and Waterways Advisory Commission on May 15, 2001 adopted the report. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the report entitled "Personal Watercraft Advisory Report," dated May 2001, and attached hereto, is hereby received and accepted by the City Council. 2. That the City Manger is hereby requested to take appropriate actions necessary to effectuate the recommendations of the report. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-8341 ORDIN~NONCODE\beachesres.wpd R-2 - January 2, 2002 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney City of Virginia Beach ad Watem~ M~so~ Coassion Personal Watercraft Advisory Report May 2001 BACKGROUND: This report presents the Beaches and Waterways Advisory commission,s response to City Council's request of October 2000 for a review of the City's regulations and policies related to personal watercraft and recommendations to enhance boating safety. This task was subsequently expanded through Council Member and public coordination to include noise impacts for waterfront neighborhoods and to include all classes of vessels. While boating safety was the initial task, this referral appeared to have resulted from a petition ' signed by over 100 waterfront property owners in the Linkhom Bay area seeking relief from boating safety .and noise impacts related t.o, the proliferation of personal watercraft ~ loud vessel,s in .' general. The revisions to the task s scope appear to be more responsive to the community s request. In response to this assignment, the Commission formed a Personal Watercraft Subcommittee to perform research and public coordination and to form the basis for the Commission's recommendations. The Subeornmlttee was Chaired by Commissioner Garland Payne and included Commissioners Dan Brockwell and Whirr Sessoms. The Subcommittee met eight times, including a boat tour and a public workshop, with staff and interested members of the public to review the relevant regulations and discuss and evaluate potential recommendations for improvement. STAFF INPUT: The Subcommittee was supported in this task by the City Attorney's Office, the Police Department's Marine Patrol, General Service's Oedupational Health and Safety, and the Departments of Public Works, Parks and Recreation and Emergency Services. City staff assisted by gathering the relevant regulations and participating in discussions related to operational and budgetary considerations of potential recommendations. PUBLIC INPUT: Interested members of the public were invited and encouraged to participate in all of the Subcommittee's meetings, except the boat tour due to space limitations. Representatives of the waterfront property owners who si~aed the original petition and personal watercraft industry members and enthusiasts regularly attended the Subcommittee's meetings and contributed to the discussions. An advertised Public Workshop was conducted by the Subcommittee on April 19, attended by approximately 20 interested citizens. The input received at the Public Workshop was of great value, and in general the public in attendance appeared to concur with or helped form the recommendations in this report. RECOMMENDATIONS: The following recommendations are separable into three pans: public education, code revisions and enforcement. Public Education: · It is recommended that a brochure be produced and distributed to all City-registered boar owners, and be made available at all public boat ramps and to the boating retail industry, seeking voluntary compliance with a request for minor behavior modifications. A map on the brochure would identify those waterway areas in our City where the width of the waterway is not sufficient for 'open use' without impacting the quiet repose of the 'adjoining waterfront properly owners. These areas would be designated as 'Courtesy Zones' where boaters would be asked to limit or modify their activities to allow the adjoining neighbors to safely use the waterway in unmotored craft and to enjoy reasonable noise levels. The message in the brochure should be clear that this is a voluntary program of behavior modification, seeking to ease the impacts on the adjoining neighborhoods, and that if a change does not result new regulations limiting the lawful use of the waterway may be necessary. The brochure audience should include all vessels, not just personal watercrafL · It is recommended that the brochure also be distributed to waterfront property owners in the City, to assist them in understanding what activities are considered appropriate in the waterways, and to provide them with a easier method of contacting the Marine Patrol to reVOlt code violations and seek help in advancing the voluntary program. It is recommended Marine Patrol desk number be automatically . tha~the transfenv, d to the Police non-emergency number when unmanned so that a dispatcher can assure contact with the Marine Patrol. · h is recommended that a volunteer waterway patrol program be explored, where persona/ watercraft and boating clubs would be encouraged to establish patrols to enhance compliance with the Courtesy Zone restrictions and general boating safety regulations. Code Revisions: It is recommended that City expand the bayfi'ont swimming area designated in City Code 6- 16.1, Recreational Area for Swimming, to include the Atlantic Ocean coast, requiring the operation of all motorboats within I00 yards of the shoreline.be subject to terms defined therein. It is recommended that City Code 6-16.1, Recreational Area for Swimming, be evaluated for potential changes to enhance enforceabi/ity of the requirement to remain 100-feet clear of' swimmers. It is recommended that City Code 6-109, Muffling Devices for Motor Boats, be reviewed for consistency with vehicle exhaust regulations and modified to enhance enforceablility. It is recommended that City Code 6-110,' Noise Created By Persons Aboard Boat or Other Water Craft, be modified to clarify that the noise under regulation includes noise generated by the boat or watercraft. It is recommended that Section 29.1-738.03 of the Code of Virginia, Reckless Operation o£ Personal Watercraft, be incorporated into Chapter 6 of the City Code to allow citations to be written under local authority. It is recommended that the City encourage the General Assembly to modify Section 29.1-744.1, Local Regulation of Personal Watercraft Distance From Shore, to allow a locality to enact a distance greater than the fifty feet currently provided. It is recommended that the City encourage the General Assembly tO enact a law allowing locahties to create a new waterway designation, a Pass Through Zone, wherein boaters would be restricted to Wan.siting the designated waterway at cruising speed, but would not allowed to loiter or maneuver for recreation. h is recommended that the City encourage the General Assembly to enact a law requiring the use of spill-Proof fueling devices for personal watercraft. Enforcement: It is recommended that the Police Department be directed to temporarily reallocate staff at the beginning of each boating season to the Marine Patrol to bolster the patrol's presence and to set the tone for the season. The additional resources should assist with the dissemination of the brochures and message to the marine retail industry and at public boat ramps, work with the boating and personal watercraft clubs to establish courtesy patrols, and show a higher presence on the waterways to promote compliance with existing laws and with the voluntary behavior program. It is recommended that the Police Department be directed to limit the number of warnings issued for boating violations, and that more citations be issued to promote safety on our waterways. It is recommended that future issuance of conditional use permits for personal watercraft rental operations within Rudee Inlet be limited or curtailed. By and for the Virginia Beach, Beaches and Waterways Advisory Commission, May 15, 2001: O~. Oarlahd-Payne ~ ~ ' Personal Watercraft Subcommittee Chairman ~rways Advisory Commission. Item V-K. 4.b. -37- RES OL UTIONS/ORDIIVANCES ITEM#49060 The following spoke in SUPPORT of the Ordinance; .4ttorney Robert F. McDonnell, represented Ocean Mystique, Hampton Roads,4ssociation of Professional Body Piercers and Tattoo ,4rtists, 4705 Columbus Street, Phone: 499-1841 Robert Wagner, Owner - Ocean Mystique, Phone: 491-0818 (0), 340-2910 Matthew Hutchinson, President - Urban-.Y-Change, Incorporated, 2697International Parkway, Suite 270 Phone: 651-3669. Mr. Hutchinson requested City Council reconsider his Conditional Use Permit application for tattooing and body piercing DENIED on November 13, 2001. Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council DEFERRED until the City Council Session of January 8, 2002: Ordinance to AMEND the City Code: b. ~ 23-51 and ~ 23.53.1 re Tattooing and Body Piercing Voting: IO-O(By ConsenO Council Members l~oting Aye: Linwood O. Branch, II!,, Margaret L. Eure, William I~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Nancy K. Parker, ~Xice Mayor William D. Sessoms; Jr. and Rosemary Wilson Council Members IXoting Nay: None Council Members Absent: Mayor Me)era E. Oberndorf December 11, 2001 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance Amending Sections 23-51 and 23-53.1 of the Code of the City of Virginia Beach, Virginia Pertaining to Tattooing and Body Piercing Establishments MEETING DATE: January 8~ 2002 Background: In April, the City Zoning Ordinance and City Code were amended to allow tattoo parlors and body piercing establishments in certain areas of the City and subject to certain regulations. In June, the City Code was further amended to prohibit tattooing and body-piercing of certain body parts by persons of the opposite sex from the customer. Since then, representatives of the tattooing and body piercing industry have requested that certain revisions be made to the City's regulations, and the Health Department has requested certain other modifications as well. The City Attomey's Office has been in communication with both the Health Department and industry representatives, and have brought forward the proposed ordinance as a result. This matter was deferred December 11~ 2001. Considerations: The proposed ordinance amendments are summarized in the attached Summary of Proposed Amendments to City Code Sections 23-51 and 23-53.1. Public Information: Alternatives: Recommendations: Adoption of the ordinance. Attachments: Summary of Proposed Amendments; ordinance Recommended Action: Approval Submitting Depart_ment/Age.ncy: _C~t¥ Attorney's Office 2 3 5 6 7 8 9 10 11 13 15 16 17 18 19 20 21 22 23 25 26 27 28 29 3O 31 32 33 AN ORDINANCE AMENDING SECTIONS 23-51 AND 23-53.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO TATTOOING AND BODY PIERCING ESTABLISHMENTS SECTIONS AMENDED: 23-51 and 23-53.1 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 23-51 and 23-53.1 of the City Code, pertaining to tattooing and body piercing establishment, are hereby amended and reordained to read as follows: Sec. 23-51. Tattooing and tattoo parlors. (a) For the purposes of this section, the following words and phrases shall be construed as follows: (1) Tattoo: To place any design, letter, scroll, figure, symbol or any other mark upon or under the skin or any person with ink or any other substance resulting in the permanent coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles or (2) (3) any other instrument designed to touch or puncture the skin. Tattoo artist: Any person who actually performs the work of tattooing. Tattoo parlor: Any place in which is offered or practiced the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin. 35 36 37 38 39 40 41 43 45 46 47 48 49 5O 51 52 53 55 56 57 58 59 6O 61 62 63 4 65 (4) Tattoo operator: Any person who controls, operates, conducts or manages any tattoo parlor, whether actually performing the work of tattooing or not. (b) No person shall control, operate, conduct or manage any tattoo parlor or shall perform tattooing on any person without complying with the requirements of this section. (c) No person shall control, operate, conduct or manage any tattoo parlor, whether actually performing the work of tattooing or not, without first obtaining a permit from the Department of Public Health. Such an application shall be made on an application form provided by the City Manager or his designee. (d) The permit fee shall be one thousand two hundred dollars ($1,200.00) for a one-year licensing period from January 1 to December 31. Ail permits issued during the course of a calendar year shall expire on December 31 of that year, regardless of the date issued. For any person required to obtain a permit under the provisions of this section after the first day of January, the permit fee shall be prorated as follows: between January 1 and on or before March 31, the full permit fee shal'l be paid; between April 1 and on or before June 30, three-fourths of the permit fee shall be paid; between July 1 and on or before September 30, one-half of the permit fee shall be paid; and after September 30 of the licensing year, one-fourth of the permit fee shall be paid. (e) Every tattoo artist shall submit proof annually to the Department of Public Health that he or she has been vaccinated fox hepatitis D=,~ .... has~=~ .... a received a tuberculosis assessment or PPD skin test and shall submit proof of a completed Hepatitis B series by a competent medical authority approved by the Director of Public Health foz tubezculos±s. COMMENT The amendment clarifies that Hepatitis B series must be given by a medical authority approved by the Health De ~artment. 67 68 69 70 71 72 73 75 77 78 79 80 81 82 83 84 85 o6 87 88 89 90 91 92 93 94 ~5 f) Every tattoo artist and tattoo operator shall at all times comply with the following requirements: 1) All tattooing-related procedures shall be carried out in a clean, safe and sanitary manner as approved by the Department of Public Health so as to minimize the potential of disease transmission. All tattoo artists shall complete annual Blood Borne Pathogen training approved by the Department of Public Health. (2) All areas of the tattoo parlor shall be constructed and (3) (A) (5) maintained in a clean, safe and sanitary manner in compliance with all applicable statutes, laws, regulations, codes and ordinances of the city and the Commonwealth of Virginia. All walls, ceilings and floors shall be smooth and easily cleaned. The floors shall not be carpeted, and neither rugs nor fabrics of any kind shall be placed on the floors. Walls and ceilings shall be painted a light color. Walls, ceilings and floors shall be kept clean and free from dust and debris. The floors shall be swept and mopped daily. The walls, ceilings or floors shall not be swept or cleaned while tattooing is occurring. Adequate light and ventilation shall be provided. Adequate toilet and hand-washing facilities shall be available in the tattoo parlor separate and isolated from the business area in which tattooing is performed, for the use of customers and personnel of the tattoo parlor. Toilets and washing facilities shall be maintained in a sanitary condition at all times. Smoking, eating, or drinking is prohibited in the area in which tattooing is performed. 3 97 98 99 100 101 102 103 105 ~-~6 107 6) {7) Ail areas of the tattoo parlor shall be accessible for inspection by the Department of Public Health and its authorized representatives. The Department of Public Health is hereby authorized to conduct unannounced inspections of tattoo parlors. w~y es =~vv=d ~ the Food=~ Dzug ~,~o~=~v~ methods approved by the Department of iiealth. Ail inks, dyes, piqments, needles and equipment shall be specifically manufactured for performinc tattooinu and shall be used in accordance with the manufacturer's 108 109 110 111 112 113 114 115 ''"6 117 118 119 120 121 122 123 124 125 ~6 127 instructions. The mixinq of approved tattooinc inks, dyes or piqments or their dilutions with potable water shall be permitted. Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use paper or plastic cups. Upon completion of the ~ procedure, such cups and their contents shall be discarded in the manner prescribed in the next subsection subdivision 8 hereof. COMMENT Theamendmen~ requ~emate~alsusedinthe ~oo~gprocessprocedurestobedesign~ specifically ~r~oo~gandtobeused ~ accordance withthemanu~cturer'sinsrru~ions. (8) Ail cleaned, non-disposable instruments used in connection with the preparation for or process of tattooing shall be sterilized k~ before each use in a steam autoclave or dry-heat sterilizer {autoclave) or an .............. by =I~=~,~= s~ez~Izzat~on method ....... ~ has~==~ ...... approved the Department of Public Health ........... = --- S~ezzlizatzon of equzpment w:~ ....................... exposuze to~=~= ..... steam for at least sixty {$0) minutes at 129 130 131 132 133 134 135 137 ~8 -'--~ temperatures of not~=o ~-s than ~wo ~=~ fifty~'~0) ~=~===o ==~=~,~=~ == =~ autoclave zs used. Such sterilization shall be performed in accordance with the manufacturer's instructions, a copy of which shall be submitted, with contact information, as part of the permit application. The tattoo operator shall be responsible for maintaining a log which indicates that the autoclave or other sterilizer has been checked during each cycle and meets the aforementioned standards has been sterilized in accordance with the manufacturer's 139 140 141 142 143 144 145 146 147 149 150 151 152 153 154 155 156 157 instructions. Ail cleaned and ready-to-use needles and instruments shall be stored in a protective manner to prevent subsequent contamination. Sterile equipment shall not be used after the expiration date or if the packaqe has been breached. If disposable instruments are used, those instruments shall be disposed of in accordance with applicable laws. The skin surface to be tattooed and any jewelry to be used shall be cleaned and sanitized using processes and materials approved by the Department of Public Health. All hazardous waste, body fluids, and medical waste of any kind shall be disposed of in accordance with the Virginia Department of Environmental Quality's Regulated Medical Waste Regulations, 9 VAC 20-120-10 et seq., as may be amended from time to time. Single-use items shall not be used on more than one client for any reason. After use, all single-use needles, razors, and other sharps shall be immediately disposed of in accordance with the Virginia .................................. ~ ..... ~e~ulated M 5 159 160 161 162 163 164 165 166 168 170 171 172 173 174 175 176 177 178 9 180 181 182 183 184 185 186 187 188 a~i~ended fzom time to time aforesaid requlations. COMMENT The amendments require needles an4 other non-disposable instruments to he sterilized in accordance with the manufacturer's instructions, rather than in the particular manner specified in the current ordinance. In addition, the amendments prohibit the use of sterile equipment after the expiration date or if the package has been breached. (9) Records for each patron shall be maintained by the tattoo operator. Such records shall be maintained for a minimum period of ~ two (2) years, except if the patron is under eighteen (18) years of age, in which event these records shall be maintained for a minimum of {~r--~4~ two (2) years from the eighteenth (18th) birthday of said patron and shall include the following information: (i) Name, address, sex and age of the person tattooed; (ii) Date of tattooing; (iii)Physical location and description of tattooing; (iv) Name, address and telephone number of the person performing the tattooing; (v) Parent or legal guardian written consent form for minors; and (vi) Name and address of the manufacturer of the dyes used as well as identifying information about the dye solutions and types of dyes used. If a customer has need for this information, then the tattoo parlor operator ~ shall release it to the customer. At such time as the tattoo parlor ceases doing business or is removed from the city or changes its name or has a change in management or ownership, copies of all such records shall be provided to the Department of Public Health. 190 191 192 COMMENT The amendments reduce from four years to two years the amount of time records must be kept. In the case of juveniles, the time is reduced from four years to two years after the juvenile reaches the age of majority. 193 194 195 196 198 199 2u0 201 202 203 204 205 206 207 208 (10) More than one set of sterilized needles, tubes and tips or alternate approved sterilization method shall be kept on the premises at all times. (11) No person, customer or patron having any visible skin infection or other disease of the skin or any communicable disease shall have tattooing performed, and no person having any skin infection or disease of the skin shall perform tattooing. All infections resulting from the practice of tattooing which become known to the tattoo operator shall promptly be reported to the Department of Public Health by the person owning or in charge of the tattoo parlor, and the infected client shall be referred to a physician. COMMENT The amendment req~r~ th~ a skin cond~on be ~sible be~re a taboo a~i~ must re~se to pe~orm the ta~oo~g procedure. 210 211 212 213 214 215 216 217 218 220 (12) No tattooing shall be performed on any person under the age of eighteen (18) years without the written consent of his or her parent or guardian, and such written consent shall be kept on file for at least ~ two (2) years at the tattoo parlor from the eighteenth (18th) birthday of the minor. Where there is doubt about such an age, written proof of age shall be obtained before the tattooing is done. Written proof of age shall be photocopied and kept by the tattoo operator. All customers under eighteen (18) years of age shall be accompanied by a parent or legal guardian. Both customer and parent or guardian shall sign a consent form and a 7 222 223 224 225 226 227 228 ) 230 1 232 233 234 235 236 237 238 239 240 242 243 244 245 246 247 248 249 250 1 driver's license or other appropriate form of identification of both the customer and the parent or guardian shall be photocopied and attached to the consent form. COMMENT The amendments reduce the amount of time a record of parental consent to the tattooing of a juvenile must be kept from four years to two years from the juvenile's 18th birthday. (13) Tattoo artists ..... tattoo operators ..... refuse to any person wACom the tattoo artist oz tattoo operator [reserved] COMMENT The amendment deletes the requirement that a tattoo artist or operator must refuse to tattoo a person he knows or has reason to believe is intoxicated. (14) No person shall state or imply in any advertisement or publication, written or oral and prepared or uttered for the purpose of soliciting business, that the tattoo parlor is endorsed, regulated or approved by the city or by any of its departments or is conducted in compliance with the terms of this section. (15) I~ediately after tattooing a patron At the time of the procedure, the tattoo artist shall advise t-h~ the patron of the care of the tattooed area and shall instruct the patron to consult a physician at the first sign of infection. COMMENT The amendment changes the ~me at which a tattoo arti~ must pro.de a paWon with the presc~bed ad.ce ~om immedi~e~ a~er the procedure ~ "~ the time o~' the procedure. (16) The tattoo artist shall wash his or her hands between customers and between tattooing different parts of the body on the same person. The tattoo artist shall wear 8 253 254 255 256 257 258 259 261 263 264 265 266 267 268 269 270 271 273 274 275 276 277 278 279 280 281 protective, disposable latex or vinyl gloves while tattooing, and shall wear a new pair of gloves for each client and when tattooing different parts of the same client. (17) The name, address and telephone number of the tattoo parlor shall be on the heading of all waivers, care sheets, consent and other forms utilized by the tattoo parlor. (18) The tattoo operator shall file with the Department of 'Public Health annually with the license application and any renewal thereof a list of the following information for each employee: Name, permit number, home address, home phone number, and position or job title. With respect to tattoo artists, the tattoo operator shall also submit proof annually of vaccination and testing as required by subsection (e). The tattoo operator shall amend the list accordingly and submit it to the Department of Public Health immediately upon the addition of an employee or termination of an 'employee. (19) No tattoo artist or tattoo operator shall tattoo the genitals, pubic area, or buttocks of any member of the opposite sex, nor shall any male tattoo artist or male tattoo operator tattoo any portion of the breasts of any female below the aureole, unless the patron has given his or her prior written consent thereto and a chaperone of the same qender as the patron is present durinq the entire procedure. Such chaperone may be chosen bv the patron. Prior to commencinq the tattooinq of such patron, in addition to the disclosure required under subsection (g) hereof, the tattoo artist shall inform the patron, in writinq, that he or she may have a chaperone 9 284 285 286 of the patron's choice and of the same gender as the patron present durinq the entire procedure and that tattooinq not in the presence of such a chaperone is a violation of this section. The name and address of the 287 288 289 290 .. 292 293 295 296 297 298 299 300 301 302 303 305 306 307 308 309 310 311 312 313 chaperone shall be entered into the records of the tattoo parlor and maintained in accordance with the provisions of subdivision (9) of subsection (f) hereof. COMMENT The amendments allow tattooing of certain body parts by a member of the opposite sex under certain conditions in which a chaperone of the patron's choice and of the same sex as the patron is present. (g) No person shall perform tattooing on any client unless he or she complies with the Centers for Disease Control and Preventions's guidelines for "Universal Blood and Body Fluid Precautions" and provides the client with the following disclosure: (1} Tattooing is an invasive procedure in which .the skin is penetrated by a foreign object. (2) If proper sterilization and antiseptic procedures are not followed by tattoo artists, there is a risk of transmission of bloodborne pathogens and other infections, including, but not limited to, human immunodeficiency viruses and hepatitis B or C viruses. (.3) Tattooing may cause allergic reactions in persons sensitive to dyes or the metals used in ornamentation. (4) Tattooing may involve discomfort or pain for which appropriate anesthesia cannot be legally made available by the tattoo artist unless such person holds the appropriate license from a Virginia health regulatory board. (h) Any person who violates any provision of this section shall be guilty of a Class 2 misdemeanor. Any second or subsequent violation of this section shall be punished as a Class 1 misdemeanor. 10 316 317 318 319 320 321 322 324 326 327 328 329 330 331 332 333 334 336 337 338 339 340 341 342 343 344 (i) This section shall not apply to medical doctors, veterinarians, registered nurses or any other medical services personnel, licensed pursuant to Title 54.1 of the Code of Virginia, in performance of their professional duties. Sec. 23-53.1. Body piercing. (a) For the purposes of this section, the following words and phrases shall be construed as follows: (1) Body piercing: The act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature. "Body piercing" does not include the use of a mechanized, pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both. (2) Body piercer: Any person who actually performs the work of body piercing. (3) Body piercing establishment: Any place in which a fee is charged for the act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature. "Body piercing" does not include the use of a mechanized, pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both. (4) Body piercing operator: Any person who controls, operates, conducts or manages any body piercing establishment, whether actually performing the work of body piercing or not. (b) No person shall control, operate, conduct or manage any body piercing establishment or shall perform body piercing on any person without complying with the requirements of this section. (c) No person shall control, operate, conduct or manage any body piercing establishment, whether actually performing the work of body piercing or not, without first obtaining a permit from the 11 346 347 348 349 35O 351 352 354 356 357 358 359 360 361 362 363 364 5 366 367 368 369 370 371 372 373 374 Department of Public Health. Such an application shall be made on an application form provided by the City Manager or his designee. (d) The permit fee shall be one thousand two hundred dollars ($1,200.00) for a one-year licensing period from January 1 to December 31. All permits issued during the course of a calendar year shall expire on December 31 of that year, regardless of the date issued. For any person required to obtain a permit under the provisions of this section after the first day of January, the permit fee shall be prorated as follows: between January 1 and on or before March 31, the full permit fee shall be paid; between April 1 and on or before June 30, three-fourths of the permit fee shall be paid; between July 1 and on or before September 30, one-half of the permit fee shall be paid; and after September 30 of the licensing year, one-fourth of the permit fee shall be paid. (e) Every body piercer shall submit proof annually to the Department of Public Health that he or she has been vaccinated fo~ hepatitis D and has~=~ .... a received a tuberculosis assessment or PPD skin test and shall submit proof of a completed Hepatitis B series by a competent medical authority approved by the director of public health for .............. is COMMENT The amendment cla~fies th~ Hepatitis B se~es mum be ~ven by a medic~ authoriW approved by the HeaHh Department. (f) Every body piercer and body piercing operator shall at all times comply with the following requirements: (1) Ail body piercing related procedures shall be carried out in a clean, safe and sanitary manner as approved by the Department of Public Health so as to minimize the potential of disease transmission. All body piercers shall complete annual Blood Borne Pathogen training approved by the Department of Public Health. 12 376 377 378 379 380 381 382 384 386 387 388 389 390 391 392 393 394 396 397 398 399 40O 401 402 403 404 (2) Ail areas of the body piercing establishments shall be constructed and maintained in a clean, safe and sanitary manner in compliance with all applicable statutes, laws, regulations, codes and ordinances of the city and the Commonwealth of Virginia. (3) All walls, ceilings and floors shall be smooth and easily cleaned. The floors shall not be carpeted, and neither rugs nor fabrics of any kind shall be placed on the floor's. Walls and ceilings shall be painted a light color. Walls, ceilings and floors shall be kept clean and free from dust and debris. The floors shall be swept and mopped daily. The walls, ceilings or floors shall not be swept or cleaned while body piercing services are occurring. (4) Adequate light and ventilation shall be provided. (5) Adequate toilet and hand-washing facilities shall be available in the body piercing establishment separate and isolated from the business area in which body piercing is performed, for the use of customers and personnel of the body piercing establishment. Toilets and washing facilities shall be maintained in a sanitary condition at all times. Smoking, eating or drinking is prohibited in the area in which body piercing is performed. (6) All areas of the body piercing establishment shall be accessible for inspection by the Department of Public Health and its authorized representatives. The Department of Public Health is hereby authorized to conduct piercing establishments. (7) All cleaned, unannounced inspections of body non-disposable instru3nents used in connection with the preparation for or process of body piercing shall be sterilized k~ before each use in a steam autoclave or dry- heat sterilizer (autoclave) o~ an alte ................. ion w~hich has been approved by the Department of Public Health t~-h--m~. Stezilization of equipment shall be accomplished by exposure to l~ve steam =v~ =t l==ot s~xty ~vj m~nutes =t = m~n~m'~ 13 407 408 409 410 411 412 413 pzessure of fif~==~ ~j pounds pei- square inch and tempei-atuzes~=-= ........ = ................. fifty ,~r~, degzees ........... if -- autoclave is used. Such sterilization shall be performed in accordance with the manufacturer's instructions, a copy of which shall be submitted, with contact information, as part of the permit application. The body piercing operator shall be responsible for maintaining a log which indicates that the autoclave has been checked during each cycle and meets .................................. has been sterilized in accordance with the manufacturer' s 415 417 418 419 420 421 422 423 424 425 427 428 429 430 431 432 433 434 435 436 ; instructions. Ail cleaned and ready-to-use needles and instruments shall be stored in a protective manner to prevent subsequent contamination. Sterile equipment shall .not be used after the expiration date or if the Dackaqe has been breached. If disposable instruments are used, those instruments shall be disposed of in accordance with applicable laws. The skin surface to be pierced as well as the jewelry to be used shall be cleaned and sanitized using processes and materials approved by the Department of Public Health. Ail hazardous waste, body fluids, and medical waste of any kind shall be disposed of in accordance with the Virginia Department of Environmental Quality's Regulated Medical Waste Regulations, 9 VAC 20-120-10 et seq., as may be amended from time to time. COMMENT The amendments require non-disposable instruments to be sterilized in accordance with the manufacturer's instructions, rather than in the particular manner specified in the current ordinance. In addition, the amendments prohibit the use of sterile equipment after the expiration date or if the package has been breached. (8) Records for each patron shall be maintained by the body piercing operator. These records shall be maintained for a minimum period of ~ two 5=4-~ (2) years except if the patron is under eighteen (18) years of age, in which event these records shall be maintained for a minimum of ~ two (4) (2) years from the 14 439 440 441 442 443 444 445 447 449 450 451 452 eighteenth (!8th) birthday of said patron and shall include the following information: (i) Name, address, sex and age of the person body pierced; (ii) Date of body piercing; (iii)Physical location and description of body piercing; (iv) Name, address and telephone number of the person performing the body piercing; and (v) Parent or legal guardian written consent form for minors. At such time when a body piercing establishment ceases doing business or is removed from the city or changes its name or has a change in management or ownership, copies of all such records shall be provided to the Department of Public Health. The amendmen~ reduce ~om ~ur ye~s to two yea~ the amoum of time records must be kept. In the case of juveniles, the time is reduced ~om ~ur years ~ two years ~ter the juven~e reaches the age of m~oriW. 454 455 456 457 459 460 461 462 463 464 465 466 467 ~8 469 (9) More than one set of sterilized needles, tubes and tips or alternate approved sterilization method shall be kept on the premises at all times. (10) No person, customer or patron having any visible skin infection or other disease of the skin or any communicable disease shall have body piercing performed, and no person having any skin infection or disease of the skin shall perform body piercing. All infections resulting from the practice of body piercing which become known to the body piercing operator shall promptly be reported to the Department of Public Health by the body piercing operator, and the infected client shall be referred to a physician. (11) It shall be unlawful to perform body piercing on any person under the age of eighteen (18) years without written consent of his/her parent or guardian, and such written consent shall be kept on file for at least ~ two ~c4~r (2) years at the body piercing establishment from the eighteenth (18th) birthday of the 15 471 472 473 474 475 476 477 479 '--' 0 482 483 484 485 486 487 488 489 ~0 491 492 493 494 495 496 497 498 499 minor. Where there is doubt about such an age, written proof of age shall be obtained before the body piercing is done. Written proof of age shall be photocopied and kept by the body piercing operator. All customers under eighteen (18) years of age shall be accompanied by a parent or legal guardian. Both customer and parent or guardian must sign a consent form and a driver's license or other appropriate form of identification of both the customer and the parent or guardian shall be photocopied and attached to the consent form. COMMENT The amendments reduce the amount of time a record of parentml consent to the body piercing of a juvenile must be kept from four years to two years from the juvenile's 18th birthday. (12) Do~3~==~==: o and ~v=3 pzezczn~ operators shall refuse ....................... pi ..... pi ' ==~v~= to ~.,3 person whom u**=~v~3 ercer or ~3 ezcrn~ operator [ reserved] knows, or has reason to~v~, ......... is intoxicated. COMB~NT The amendment deletes the requirement that a body piercer or body piercing operator must refuse service to a person he knows or has reason to believe is intoxicated. (13) No person shall state or imply in any advertisement or publication, written or oral and prepared or uttered for the purpose of soliciting business, that the body piercing establishment is endorsed, regulated or approved by the city or by any of its departments or is conducted in compliance with the terms of this section. (14) iJ~ediately after body piercin~ a patron At the time of the procedure, the body piercer shall advise that patron of the care of the body pierced area and shall instruct the patron to consult a physician, at the first sign of infection. 16 501 5O2 5O3 504 505 506 5O'7 509 510 512 513 514 515 516 51'7 518 519 521 522 523 524 525 526 52'7 528 529 ~,~ 0 531 COMMENT The amendment changes the time ~ w~ch a body piercer must provide a p~ron with the prescribed ad. ce mom immediat~y a~er the procedure to "~ the time of' the procedure. (15) The body piercer shall wash his or her hands between customers and between piercing different parts of the body on the same person. The body piercer shall wear protective, disposable latex or vinyl gloves while performing body piercing, and shall wear a new pair of gloves for each client and when piercing different parts of the same client. (16) The name, address and telephone number of the body piercing establishment shall be on the heading of all waivers, care sheets, consent and other forms utilized by the body piercing establishment. (17) The body piercing operator shall file with the Department of Public Health annually with the license application and any renewal thereof a list of the following information for each employee: Name, permit number, home address, home phone number, and position or job title. With respect to body piercers, the body piercing operator shall also submit proof annually of vaccination and testing as required in subsection (e). The body piercing operator shall amend the list accordingly and submit it to the Department of Public Health immediately upon the addition of an employee or termination of an employee. (18) No body piercer shall body pierce the genitals, pubic area, or buttocks of any member of the opposite sex, nor shall any male body piercer pierce any portion of the breasts of any female below the aureole, unless the patron has qiven his or her prior written consent thereto and a chaperone of the same qender as the patron is present durinq the entire procedure. Such chaperone may be chosen by the patron. Prior to commencing the body piercinq of such patron, in addition to the disclosure required under subsection (q) hereof, the body piercer shall inform the patron, in 17 533 53~ 535 writinq, that he or she may have a chaperone of the patron's choice and of the same qender as the patron present durinq the entire procedure and that body piercinq not in the presence of such a chaperone is a violation of this 'section. The name and address of 536 the chaperone shall be entered into the records of the body 537 piercinq establishment and maintained in accordance with the 538 539 3 541 542 544 545 546 547 548 549 550 551 552 3 554 555 556 557 558 559 56O 561 562 3 provisions of subdivision (8) of subsection (f) hereof. COMMENT The amendments aBow body piercing of ce~ain body pans by a member of the opposite sex under ee~Mn eon~fions in which a chaperone of the pa~on's choice and of the same sex as the p~ron is presem. (g) No person shall perform body piercing on any client unless he or she complies with the Centers for Disease Control and Prevention's guidelines for "Universal Blood and Body Fluid Precautions" and provides the client with the following disclosure: (1) Body piercing is an invasive procedure in which the skin is penetrated by a foreign object. (2) If proper sterilization and antiseptic procedures are not followed by body piercers, there is a risk of transmission of bloodborne pathogens and other infections, including, but not limited to, human immunodeficiency viruses and hepatitis B or C viruses. (.3) Body piercing may cause allergic reactions in persons sensitive to the metals used in ornamentation. (4) Body piercing may involve discomfort or pain for which appropriate anesthesia cannot be legally made available by the person performing the body piercing unless such person holds the appropriate license from a Virginia health regulatory board. (h) Any person who violates any provision of this section shall be guilty of a Class 2 misdemeanor. Any second or subsequent violation of this section shall be punished as a Class ! misdemeanor. 18 565 566 567 568 569 570 (i) This section shall not apply to medical doctors, veterinarians, registered nurses or any other medical services personnel, licensed pursuant to Title 54.1 of the Code of Virginia, in performance of their professional duties. =ff=~t~v= on ~ Thiosection ....... o.~=~ become COMI%{ENT Theeffecfivedateoftheord~ancehaspassed, eliminatingtheneed ~rittobeexpressed. 572 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-8320 ORDIN\wmmordres\23-51 and 23-53.1.ord.wpd November 21, 2001 R-1 APPROVED AS TO LEGAL SUFFICIENCY:~~~. /~f..~. City Attorney's 0 fice 19 SUMMARY OF PROPOSED AMENDMENTS TO CITY CODE SECTIONS 23-51 and 23-53.1 Section 23-51. Tattooing and Tattoo Parlors 1. Page 2, Lines 57-62 (requested by the Health Department). This change clarifies the requirements for proof of Hepatitis B vaccinations and tuberculosis assessments. 2. Page4, Lines 101-116 (requested by the Health Department). This change conforms the City Code provision to applicable Health Department regulations. 3. Pages 4-5, Lines 120-143. The change replaces the existing sterilization procedure, which prescribes only one method of sterilization, with one which requires operators to follow the manufacturer's instructions. This amendment was made at the separate request of both the industry and the Health Department. 4. Page 6, Lines 167-69. The amendment reduces the length of time records pertaining to the tattooing of individual patrons must be kept from four years to two years or, in the case of a juvenile customer, to two years from the date of the juvenile's 18th birthday. 5. Page 7, Line 196. The revision clarifies that tattoo artists may not tattoo persons having "visible" skin or communicable diseases. It was agreed by all concerned that tattoo artists should not be held responsible for tattooing a person having a communicable disease which is not visible. 6. Page 7, Line 212. The change reduces the length of time parental consent for the tattooing of a juvenile must be kept from four years after the date of the j uvenile's 18th birthday to two years after such birthday. 7. Page 8, Lines 228-30. This amendment deletes the requirement that a tattoo artist refuse service to a person he knows, or has reason to believe, is intoxicated. The provision is too subjective and difficult to enforce. 8. Page 8, Lines 241-43. The revision allows a tattoo artist to instruct a patron as to the care of the tattooed area anytime during the procedure, rather than requiring such instruction to be given immediately afterwards. 9. Pages 9-10, Lines 274-89. These changes allow tattooing ofcertain named body parts by members of the opposite sex, so long as a chaperone of the customer's choice and of the same gender as the customer is present during the entire procedure. The tattoo artist must, prior to commencing the procedure, inform the customer, in writing, of the foregoing requirement and that tattooing one or more of the named body parts not in the presence of a chaperone is unlawful. A record of the name and address of the chaperone must also be maintained for two years. Section 23-53.1. Body Piercing The changes to Section 23-53.1, concerningbodypiercing, are similar to those proposed with respect to Section 23-51, pertaining to tattooing. The following paragraphs identify the page and line numbers of the proposed revisions to Section 23-53.1 and give the number of the paragraph above in which the corresponding change to Section 23-51 is explained. 1. Page 12, Lines 360-64. See # 1 above. 2. Page 13, Lines 399-427. See # 3 above. 3. Pages 14, Lines 435-437. See # 4 above. 5. 6. 7. 8. Page 15, Line 457. See # 5 above. Page 15, Line 468. See # 6 above. Page 16, Lines 482-85. See # 7 above. Page 16, Lines 495-96. See # 8 above. Pages 17-18, Lines 524-37. See # 9 above. CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Sandbridge Road Improvements/Lotus Creek Settlement/Open Space MEETING DATE: January 8, 2002 Background: Lotus Creek Associates, L. P. is the owner of approximately 47.25 acres of undeveloped real property located adjacent to Hell's Point Golf Course (the "Property"). Lotus Creek has been involved in protracted discussions regarding the development of the Property with the City of Virginia Beach, the Virginia Department of Environmental Quality and the United States Army Corps of Engineers. The United States of Amedca (acting through the U. S. Fish and Wildlife Service) has agreed to purchase the Property from Lotus Creek for a purchase price of approximately $2,776,000 to be administered by the Service as a part of the Back Bay National Wildlife Refuge. The City is of the opinion that the addition of the Property to the Back Bay National Wildlife Refuge would be beneficial to the public interest as it would preserve open space and avoid adverse environmental and traffic impacts. In addition, Lotus Creek and the City have determined that it is in the best interest of each of them to avoid further discussions and potential litigation regarding the development of the Property. On February 6, 2001, the City, Lotus Creek and the United States entered into a letter of intent pursuant to which the City expressed its intention that upon the sale of the Property by Lotus Creek to the United States, the City would pay to Lotus Creek $160,000 (the "Settlement Payment") for the following purposes: (a) as settlement of any and all potential claims Lotus Creek may have against the City as a result of any actions by the City in connection with the proposed development of the Property (b) to ensure that the Property is sold to the United States of America to be added to the Back Bay National Wildlife Refuge, (c) as compensation for certain costs incurred by Lotus Creek in holding the Property for sale as open space, and (d) to contribute toward a reduction in the purchase price as a result of a required adjustment in the appraised value. City Council has established the Sandbridge Corridor Improvements CIP Project #2-151 for the purpose of improving Sandbridge Road and Princess Anne Road from General Booth Boulevard to Sandfiddler Road. Funding for this project can be used as the source of the $160,000 Settlement Payment. Alternatives: There is no identified alternative funding source. Recommendations: It is recommended that $160,000 from ClP Project #2-151 be used to fund the $160,000 Settlement Payment to Lotus Creek Associates, L. P. in connection with its sale of the Lotus Creek property to the United States of America to be administered by the U. S. Fish and Wildlife Service as part of the Back Bay National Wildlife Refuge. Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Dep"~rtment/Agency: Public Works/Management Services City Manager: !~.~_. L~>~.~ ~ F:kDataIATY/OrdinINONCODE \USA- LOTUS CKEBK.arf. wpd ~..1 2 3 4 5 6 7 8 9 10 11 13 15 16 17 18 19 2O 21 22 23 24 Ai~ ORDINANCE TO AUTHORIZE THE EXPENDITURE OF $160,000 FROM CAPITAL PROJECT #2-151, SANDBRIDGE CORRIDOR IMPROVEMENTS, FOR COSTS ASSOCIATED WITH THE UNITED STATES OF AMERICA'S ACQUISITION OF THE LOTUS CREEK PROPERTY WHEREAS, the City desires to preserve as open space certain real property owned by Lotus Creek Associates, L. P. ("Lotus Creek") and has agreed to pay to Lotus Creek $160,000 to settle any and all claims that Lotus Creek may have against the City and to ensure the sale of the property to the United States of America; and WHEREAS, funds are available in Capital Project #2-151, Sandbridge Corridor Improvements, that may be authorized by City Council to be used for the payment described above. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council authorizes that $160,000 available in Capital Project #2-151, Sandbridge Corridor Improvements, be paid to Lotus Creek Associates, L. P. to settle any and all potential claims that it may have against the City and to ensure that the property is sold to the United States of America to be administered by the U. S. Fish and Wildlife Service as part of the Back Bay National Wildlife Refuge. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-8359 Ordin/noncode/USA-LOTUS CREEK. ord January 2, 200! R2 APPROVED AS TO CONTENT: Manage~e~ Services' APPROVED AS TO LEGAL SUFFICIENCY: · city Attorn~ ' / LOCATION MAP ITE SCALE: 1" = 1,600' GPIN 2427-21-2312 GPIN --x 2427-21-1262 \ DOCKS AREA HEREBY RIGHT-OF-WAY PROPERTY NOW OWNED BY F. WAYNE MCLESKEY, JR. AND CHERYL MCLESKEY (PROPOSED PROPEKTY OF CITY OF VIRGINIA BEACH) PROPERTY NOW OWNED (PROI:~SED PROPERTY OF F. WAYNE MCLF..SKEY, jR. AND CHERYL MCLESKEY) LOCATION MAP SHOWING ESTABLISHMENT OF RIGHT-OF-WAY AND PROPERTY EXCHANGE BETWEEN THE~ CITY OF VIRGINIA BEACH AND F. WAYNE MCLESKEY, JR. AND CHERYL MCLESKEY AT HARBOUR POINT SUBDIVISION SCALE: oo, I~.$,~ HCLEe. i~;Ey SU~a...DGN PREPnRED BY P/U ENG. DR~,FT. - 19- Item V-~.I. ORDINANCES/RESOL UTIONS ITEM# 49105 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council DEFERRED until the City Council Session of January 8, 2001: Ordinance to declare EXCESS PROPERTY on Lot 1 IA acquired by the City for Harbor Point Road Extended and exchange said property to F. ~E4 YNE and CHER YZ P. McLESKEY for which they will convey Parcel B and C to the City; and, authorize the City Manager to execute an agreement for the exchange of said property. (BE,4 CH - DISTRICT 6) Voting: 10-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, HI, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Zouis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndor~, Nancy K. Parker and Rosemary V~ilson Council Members Voting Nay: .l~one Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 18, 2001 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Ordinance to Declare Certain City *Property Excess and Authorize the City Manager to Dispose of Same by Executing a Deed of Exchange with F. Wayne McLeskey, Jr. and Cheryl P. McLeskey MEETING DATE: January 8, 2002 Background: On September 24, 1996, Council authorized the acquisition of property by Agreement or Condemnation for Harbour Point Road Extended Project (ClP 2-218). One condemnation has not been resolved. The property owners, F. Wayne McLeskey, Jr. and Cheryl P. McLeskey have agreed to settle the condemnation matter with a property exchange. Staff reviewed this request and agree it is in the best interest of the City to exchange the excess property that was acquired for Harbour Point Road Extended Project on March 30, 1995, known as Lot 1 lA, and now consisting of 9,825 Sq. Ft., as shown on Exhibit A to settle the condemnation, in return, F. Wayne McLeskey, Jr. and Cheryl P. McLeskey have agreed to convey Parcel B and Parcel C, consisting of 5,506 Sq. Ft., to the City of Virginia Beach as shown on Exhibit B. ohtS ~atter wa.s deferred December 18~ 2001. nsiderafions. The project giving rise to the condemnation, known as CIP 2-218, Harbour Point Road Extended, was for right-of-way purposes, which included road widening, turn lane and traffic light at the intersection of Harbour Point Road and General Booth Boulevard. The property excess and exchange will settle the last condemnation on this project. Public Information: As required by Virginia Code Section 15.2-1800, a public hearing regarding the disposition of the City's property has been advertised one week prior to the hearing date. Alternatives: City may retain ownership of property, and proceed with condemnation action or other efforts to settle. Recommendations: The attached ordinance, which declares the City's parcel of property excess and authorizes the City Manager to execute the Deed of Exchange in accordance with the Summary of Terms attached hereto, is recommended for indefinite deferral in order for the City to attach conditions to the use and development of the property that promote the best interests of the area and are acceptable to the other parties to the transaction. Attachments: Ordinance Location Map Deed of Exchange Summary of Terms · ORDINANCE NO. 1 2 3 4 5 6 7 8 lO 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 3o AN ORDINANCE TO DECLARE CERTAIN CITY PROPERTY EXCESS AND AUTHORIZE THE CITY MANAGERTO DISPOSE OF SAME BY EXECUTING A DEED OF EXCHANGE WITH F. WAYNE MCLESKEY, JR. AND CHERYL P. MCLESKEY WHEREAS, the City Council of the City of Virginia Beach'has authorized and funded CIP 2-218, Harbour Point Road Extended for fight of way purposes, which included widening the road and establishing a Un-n lane and traffic light at the intersection of Harbour Point Road and General Booth Boulevard in the City of Virginia Beach; WHEREAS, the City of Virginia Beach acquired property at the above-referenced intersection by Order recorded in Deed Book 3485, at page 568, which property is described as Lots 11, 12, 15, 16 and 17 inMap Book 234, at page 25; WHEREAS, the City Council is of the opinion that 9,825 Sq. Ft. of the property acquired is in excess of the needs of the City of Virginia Beach, as shown as Lot 1 lA on the plat entitled "Resubdivision of Lots 11 and 12 ofReplat of Rudee Heights," a copy of which is attached hereto as Exhibit A.; WHEREAS, the City of Virginia Beach recorded Certificate of Take No. 1386 against F. Wayne McLeskey, Jr. and Cheryl P. McLeskey, his wife, for 950 Sq. Ft. (0.022 Acres) Take Area and 61 Sq. Ft. (0.001 acres) Temporary Construction Easement valued at $12,537.00, (the "McLeskey Property"); WHEREAS, a settlement has been reached in this pending condemnation action, in which the City of Virginia Beach and F. Wayne McLeskey, Jr., and Cheryl P. McLeskey have agreed to exchange property in settlement of the condemnation action. Under the proposed settlement a~eement, the City would convey Lot 1 lA, which is described above, in exchange for property owned by McLeskeys and known as Lots B antiC, as shown on the plat entitled: "PLAT SHOWING PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH FROM F. WAYNE MCLESKEY, JR.," dated June 5, 2001, prepared by Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, a copy of which is attached hereto as Exhibit B. 32. 32 34 35 36 3'7 38 39 ~0 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Property described as Lot 1 lA, as shown above and also shown on the plat marked as Exhibit A is hereby declared to be in excess of the needs of the City, and that the City Manager is hereby authorized to execute an agreement to exchange said City Property for Lot B and Lot C described above and shown on the plat marked as Exhibi. t B, in settlement of the condemnation action for land owned by F. Wayne McLeskey, Jr., and Cheryl P. McLeskey. 2. That the City Manager is authorized to execute a Deed of Exchange with F. Wayne McLeskey, Jr., and Cheryl P. McLeskey in accordance with the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the__ day of , 2002. F:~DatakATY~FormskDeeds\WORKING~p3599.ord 1 November 8, 2001 Approved as to Content (.~epartment of Public Works Office of Real Estate Approved as to Legal Sufficiency City Attorney ' EXEMPTED FROM RECORDATION TAXES ~ UNDER SECTIONS 58.1-8! I(AX3), 58.1 (C)(3) AND 58. 1-811 (C)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25 - 249 THIS DEED OF EXCHANGE, made this o ~.t ,2001, by and between F. WAYNE MCLESKEY, .IR. (for indexing purposes, both "Grantor" and "Grantee"), whose address is 2859 Virginia Beach Boulevard, Suite 106, Virginia Beach, Virginia 23452, and CHERYL P. ~ MCLESKEY, his wife (for indexing purposes, "Grantor"), and the CITY OF VIRGINIA BEACH, amunicipal corporation of the Commonwealth of Virginia (the "City" and for indexing purposes both "Grantor" and "Grantee"). WITNESSETH: That for and in consideration of the sum of ONE DOLLAR (5;1.00) cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, F. Wayne McLeskey, Jr., and Cheryl P.'affil~McLeskey, his wife, do hereby grant and convey, with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, unto the City, the following described property, to wit: All those certain lots, pieces or parcels of land, situate, lying and being in the City of Virginia Beach, Virginia, desig-nated and described as "F. WAYNE MCLESKEY, JR., D.B. 1726 PG. 328, M.B.65 PG. 46, GPIN 2427 21 2312, PARCEL C, AREA = 3,405 SQ. FT." and "F. WAYNE MCLESKEY, JR., D.B. I726 PG. 328, M.B. 65 PG. 46, GP1N 2427-21-1262, PARCEL B, AREA = 2,101 SQ. FT.," as shown on that certain plat entitled: "PLAT SHOWING PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH FROM F. WAYNE MCLESKEY, JR.," Scale: 1" = 25', dated June 5, 2001, prepared by Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, simultaneously herewith, to which reference is made for a more particular description. GPIN: 2427-21-1262, 2427-21-2312 and 2427-21-2591 IT BEING a part of the same property conveyed to F. Wayne McLeskey, Jr., from Lighthouse Point Corporation, a Virginia corporation, by deed dated November 3, 1977, dulyrecorded in the aforesaid Clerk's Office in Deed Book 1726, at page 328. AND, for and in consideration of the sum of ONE DOLLAR ($1.00) cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City does hereby grant and convey, with SPECIAL WARRANTY unto F. Wayne McLeskey, Jr., the following described property, to-wit: All that certain lot, piece, or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, desig'nated and described as "LOT llA GPIN 2427-21-2591" as shown on that Certain plat entitled: "RESUBDIVISION OF LOTS 11 AND 12 OF REPLAT OF RUDEE HEIGHTS (M.B. 26, PAGE 57) BY THE CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" -- 25', dated May 08, 2001, prepared by Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, simultaneously herewith, to which reference is made for a more particular description. IT BEING a part of the same property acquired by the City of Virginia Beach from Jerry E. Ross, et ux., pursuant to Certificate No. 1317, duly recorded in the aforesaid Clerk's Office in Deed Book 3376, at page 1101. This conveyance is made subject to any covenants, conditions, restrictions and easements in the chain of title constituting constructive notice. By execution of this instrument, the F. Wayne McLeskey, Jr., acknowledges that the plans for Harbor Point Drive (CIP 2-218) (the "Project") as they affect his property have been fully explained to him. It is understood and agreed that the consideration hereinabove mentioned and paid to E Wayne McLeskey, Jr., constitutes payment in full for the property and interests hereby conveyed by him and for damages, if any, resulting from the Project and use made by the City of the property and interests conveyed by him herein. 2 Anything herein to the contrary notwithstanding, Cheryl P.~]~ McLeskey, executes this Deed of Exchange for the sole purpose of consenting to the conveyance of and releasing any marital or augmented estate interest in the easement and rights set forth herein. WITNESS the following signatures and seals: F. Wayne Ml~eskey, Jr. Cheryl P. ~ 1V~Lesk~' CITY OF VIRGINIA BEACH BY.' City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: Ruth Hodges Smith City Clerk APPROVED AS TQ FORM ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH STATE OF VIRGINIA /9 CITY OF "'~i~...q.t_.nc.t ',t_.. _~zaf_~, to-wit: The foregoing instrument was acknowledged before me this (~'7~day of My Commission ,2001, by F. Wayne McLeskey, Jr. Notaj~ Publf~ Eipir~O0~3-- 3 STATE OF V~IRGINIA ,,9 , CITY OF'~,/L. LO~ ,"~t~~-.,_to wit: fOThe foregoing instrument was acknowledged before me this ' 2001, by Cheryl P. ~ McLeskey. ' ~~ay of My commission expi ~ STATE OF ViRG12NIA~ CITY OF VIRGINIA BEACH, to-wit: Notaryr/~ublic -- The foregoing instrument was acknowledged before me this day of ,2001, by City Manager/Authorized Designee of City Manager of the City of Virginia Beach, Vi~inia, on its behalf. My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: on its behalf. Notary Public The foregoing instrument was acknowledged before me this ~ day of ,2001, by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, Vir~nia, My Commission Expires: Notary Public F:~,DataV~TY~orms\Deeds~WO RrdN~R~3599.D ED.wpd 4 SUMMARY OF TERMS AGREEMENT FOR THE EXCHANGE OF EXCESS CITY PROPERTY LOCATED BETWEEN HARBOUR POINT AND GENERAL BOOTH BOULEVARD OWNED BY CITY OF VIRGINIA BEACH FOR TWO PARCELS LOCATED ON THE CORNERS OF HARBOUR POINT AND GENERAL BOOTH BOULEVARD OWNED BY F. WAYNE MCLESKEY AND CHERYL P. MCLESKEY CITY PARCEL: MCLESKEYS' PARCELS: SALE PRICE: GPIN'2427-21-2591, Lot 1 lA, 9,825 Sq. Ft. as shown on Resubdivision of Lots 11 and 12 ofReplat of Rudee Heights. PARCEL B - GPIN 2427-21-1262, 2,101 Sq. Ft. PARCEL C - GPIN 2427-21-2312, 3,405 Sq. Ft. (Total square feet of both parcels: 5,506 Sq. Ft.) This is an equal value land exchange. CLOSING DATE: The anticipated closing will take place after the Deed of Exchange is fully executed by the City. SPECIAL TERMS AND CONDITIONS: F. Wayne McLeskey and Cheryl P. McLeskey have agreed to this land exchange. The resubdivision plat and the plat describing Lots B and C will be recorded simultaneously at closing. F:\Data~ATY~ForrnsXI~ds\WORKING~p3599.$um ! "j Z CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Ordinance for Real Estate Acquisition/Convention Center Replacement CIP 9-018 MEETING DATE: January 8, 2002 Background: City Council has approved the replacement of the Pavilion Convention Center in CIP 9-018. The City's Architectural/Engineering consultants (Skidmore, Owings & Merrill, LLP Chicago, Illinois and Clark- Nexsen, Norfolk, Virginia) briefed Council on September 25, 2001 and recommended the acquisition of real estate around the project site to accommodate surface parking, specifically the land directly South of the existing Pavilion along 19th street (see attachment with parcels indicated). Council approved the project to move forward as recommended. Considerations: The convention center replacement construction will be phased to allow the existing facility to remain operational. This phasing will impact the current parking capacity. The acquisition of land is required to allow the design and construction of the necessary on-grade parking to replace existing parking lost during the phased construction. The approved ClP project budget included funding for structured parking. The consultants recommended these funds be used to buy adjacent land parcels and construct surface parking. The cost for this land including relocation fees, demolition of the existing structures, and the cost to construct surface parking will not increase the project budget, therefore, no additional project funding will be required at this time.. Public Information: The recommendations by the consultants for land acquisition have been presented to the Pavilion Steering Committee. The Committee unanimously agreed with the concept of land acquisition for surface parking in lieu of structured parking costs. This information was also presented to City Council on September 25, 2001. Alternatives: Do not authorize acquisition. The City would have to make other arrangements for parking to replace parking lost during the phased construction, and structured parking will be required to fulfill the parking requirements of the completed facility. Authorize acquisition of the required land by agreement or condemnation to insure City ownership in time to construct surface parking meeting the project schedule. Recommendations: Approve Ordinance to acquire property by agreement/condemnation Attachments: Ordinance Site Map Recommended Action: Approval of Ordinance ,,~J~ Submitting Department/Agency: Public Works~ City ManageC~~~..~ ~_ ~~ / 1 2 6 7 $ AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR PUBLIC PARKING AT THE VIRGINIA BEACH PAVILION CONFERENCE CENTER, THE ACQUISITION OF THE PROPERTY TO BE EITHER BY AGREEMENT OR BY CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, 10 a public necessity exists for the construction of this important site to provide public parking at the 11 12 Virginia Beach Pavilion Convention Center, and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the 13 City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINLA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or by 17 condemnation, pursuant to Sections 15.2-1901, et seq., and Section 15.2-967 of the Code of Virginia 18 19 20 21 O1 22 02 23 03 24 04 25 06 26 07 27 08 28 09 29 10 3O 11 31 12 32 13 --t3 14 ~ 15 35 16 36 17 37 18 38 36 39 37 40 38 41 39 42 40 43 41 44 42 45 43 46 49 47 50 48 55 49 56 5O 57 51 58 52 59 3 60 ~4 61 55 62 56 57 of 1950, as amended, of all that certain real property in fee simple, described as: Parcel GPIN Number 2417-86-4990 2417-86-5907 2417-86-5944 2417-86-5986 2417-76-1445 2417-76-9797 2417-76-9707 2417-76-8738 2417-76-6482 2417-76-7305 2417-86-6937 2417-86-7976 2417-87-7032 2417-76-8228 2417-76-9265 2417-86-0229 2417-86-1209 2417-76-7492 2417-76-4254 2417-76-0418 2417-76-8750 2417-76-2195 2417-76-3130 2417-76-3413 2417-76-9665 2417-65-7915 2417-66-8229 2417-86-1707 2417-86-1371 2417-86-1397 2417-86-1482 2417-86-1549 2417-86-1614 2417-86-1627 2417-86-2321 58 59 6O ~2 63 64 65 66 67 68 69 7O 71 72 73 74 75 ~7 78 79 ---qO 31 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 0 101 102 103 104 105 106 107 108 109 110 111 112 ~3 114 115 Parcel GPINNumber 64 2417-66-9082 65 2417-87-8077 66 2417-87-9013 67 241%87-9056 68 2417-76-1028 69 2417-76-5408 70 2417-76-5505 71 2417-76-4692 72 2417-76-4679 73 2417-86-8979 74 2417-87-8011 75 2417-76-9842 77 2417-76-7479 79 2417-66-9172 80 2417-66-9295 83 2417-87-7084 85 2417-86-2729 86 2417-86-0864 87 2417-86-0811 88 2417-86-1712 89 2417-86-1552 90 2417-86-1467 94 2417-76-7227 95 2417-76-7230 98 2417-76-5273 100 2417-86-1877 104 2417-86-2838 105 2417-86-3828 106 2417-86-3990 107 (compfsing 55 condominium units) 2417-76-9571 on that certain plat entitled: "PAVILION SITE LAND ACQUISITION," dated December 14, 2001, which plat is on file in the Department of Public Works, Engineering Division (address), and being further described as all that property identified within the acquisition boundary on said plat. Together with the improvements thereon and all fight, title and interest in and to the streets, alleys and other rights-of-way abutting said parcels. Section 2. That the City Manager is hereby authorized to make or cause to be made on beha!.f of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the__ dayof ,2002. PROVED AS TO CONTENTS ~IGNATUR~ DEP~T~NT DATE PREPARED: December 21, 2001 APPROVED AS TO LEGAL S~. ~W.~!CY AN~ FORM CITY ATTO~N'~Y - LOC. ATION MAP SCALE: 1" -- 1,600' \ "-0 LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY · TIDEWATER IMPORTS, INC. INTO CRANSTON LANE NORTH OF VIRGINIA BEACH BOULEVARD SCALE: 1" = 100' PREPARED BY P/W ENG. DRAFT. 21-DEC-2001 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Encroachment Request - Tidewater Imports, Inc. desire to construct and maintain 2 - 4" PVC Conduits into the City's right-of-way at Cranston Lane located off of Virginia Beach Boulevard MEETING DATE: January 8, 2002 Background: Tidewater Imports, Inc. has submitted an application for an encroachment to construct 2 - 4" pvc conduits running east and west on Cranston Lane off of Virginia Beach Boulevard. The purpose of the encroachment will be for computer cables. Considerations: City staff has reviewed this request and there are no objections. The encroachment will be used for computer cables between two dealerships, Hall Auto World and Tidewater Imports, Inc. Public Information: Advertisement of City Council agenda Alternatives: Approve the encroachment as presented, deny the encroachment or add conditions as desired by Council. Recommendations: Approval Attachments: Ordinance Location Map Agreement Plat Recommended Action: Approval of the ordinance S.ubmitting Department/Agency: Public Works ~ 2 3 4 5 6 7 8 9 ~0 11 ~2 13 14 15 16 17 18 19 2O 21 ~2 23 24 25 26 27 28 29 3O 31 32 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACH~4ENTS INTO A PORTION OF THE RIGHT-OF-WAY OF CRANSTON LANE BY TIDEWATER IMPORTS, INC., ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Tidewater Imports, Inc., desire to construct and maintain 2 - 4" PVC Conduits into the City's right-of-way located at Cranston Lane off of Virginia Beach Boulevard. WHEREAS, City Council is authorized pursuant to ~ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroacb_ments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW7 THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the eXtent thereof contained in ~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended Tidewater Imports, Inc., its heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment for 2 - 4" PVC Conduits in the City's right-of-way as shown on the map entitled: "ENCROACHMENT REQUESTED BY TIDEWATER IMPORTS, INC. INTO CRANSTON LANE NORTH OF VIRGINIA BEACH BOULEVARD," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Tidewater Imports, Inc., (the "Agreement") which is attached hereto and incorporated by. reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 33 ,5 36 37 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Thaddeus J. Nowak, CFO Executive Vice President of Tidewater Imports, Inc., and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. 39 40 4i 42 CA- # gsalmons/tidewater/ord. R-1 PREPARED: 11.29.01 APPROVED AS TO LE~ S0~'~'XCIENCY AND F~NM CITY ATTOI~NEY 2 PREPARED BY VIRGnqlA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(aX3) AND 58.1-811(o)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this day of O0~" , 20 O} , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and TIDEWATER IMPORTS, INC., a Virginia Corporation, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", party of the second part. WlTNE S SETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Parcel 'B', AREA = 2.919 ACRES, DEDICATED AR~A = 0.108 ACRE, TOTAL AREA = 3.027 ACRES" as shown on "PLAT OF PARCEL 'B' FOK BEACHVARD CORP., SCALE: 1 ''=1 Off, MARCH 27, 1972" by Talbot, Wermers, & Standing, LTD. and recorded in D.B. 1265, at page 114 in the Clerks Office of the Circuit Court of the City of Virginia Beach and being further designated and described as 3152 Virginia Beach Boulevard, Virginia Beach, Virginia 23452; and That, WHEREAS, it is proposed by the Grantee to construct and maintain two, four inch PVC Conduits, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City street known as Cranston · Lane north of Virginia Beach Boulevard, "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 1497-05-4679-0000 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constxucting and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be conslructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PLAN SHOWING PROPOSED ENCROACHMENT INTO CITY OF VIRGINIA BEACH RIGHT OF WAY AT CRANSTON LANE NORTH OF VIRGINIA BEACH BOULEVARD FOR TIDEWATER IMPORTS, INC. VIRGINIA BEACH, VIRGINIA SCALE: 1'=20'' OCTOBER 3, 2001REVISED: 10-31-01" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be 2 necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. 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, Depamnent of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their Engineer's cost estimate, to the Office of Development Services Center/Planning Department. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Encroachment sealed by a registered professional engineer, if required by either the City Engineers Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall 4 not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Tidewater Imports, Inc., has caused this Agreement to be executed in its corporate name and on its behalf by its CFO Executive Vice President, and its corporate seal to be hereto affixed with due authority by its board of directors. 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. CITY OF VIRGINIA BEACH (SEAL) ATTEST: City Clerk 5 By City Manager/Authorized Designee of the City Manager APPROVED AS TO ~ LEGAL SUFFJC~ENCY ".: ~Nowak CFO Executive Vice President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ,20 , by DESIGNEE OF THE CITY MANAGER. day of , CITY MANAGER/AUTHORIZED MY Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing mstrumem was acknowledged before me this ~ 20 VIRGINIA BEACH. day of , by RUTH HODGES SMITH, City Clerk for the CITY OF My Commission Expires: Notary Public 6 OUNTY~OF V{t~,~I[I[O-· ~('~'~/~ , to-wit: The foregoing instrument' was acknowledged before me this 2 { day of b/L ,20 Or, by Thaddeus J. Nowak, CFO Executive Vice President on I behalf of Tidewater Imports, Inc. Notary Public My Commission Expires: '~bt2tod& 7 tALL. TIDEWATER, LTD. (D.B. 2185. P. 17~) GPIN: 14~7-05- ZONED B-2 F'OR RIM~13,. 6 5 INV.-5. 05 Exhibit "A' WO ' :~ ! II ~o ,,,,,~,~o ' PAR~SHIPII ' .~. IIII ~ ~ II '-"~. "' ~) " ' '. '1~/~ ~ =/" I I~ =~ ~~_, ,-c.,. , , ~ ~ / · II ".' I~ ~"=~.~.~i~i ~ ~ ~ , . '.. ' =11 I RIM=12.81 ~ ~ ~ . ~, ~ ~ .-.~ II ~]] ~ ~k' ''~ ;~THE PROPOSED 4" n ~ ~S;, ~ ],~.'~ ~ CONDU TS ~LL BE USeD JJ ~J ;~v~ -~' ] FOR COMPUTER CABLES ~, ~'~ ~ ~o~ : .. t 0 2 ~ ~ JL-ql ~ ~ ~J J.-. BE~EEN THE TW ( ) I ~ II : 'N,i I ~-~ ~ ~ .i ... DEALERSHIPS. I , ~ i~ ~ i~'.'.' ] ,f-TI ~ ~ ~ ~ I I~l ." ~..< ~:-. ~V.~13.8~ ~) . (~.~. l~, P. ~) PLAN SHOWING PROPOSED ENCROACHMENT INTO CITY OF VIRGINIA BEACH RIGHT-OF-WAY AT CRANSTON LANE NORTH OF VIRGINIA BEACH BOULEVARD FOR IIDEWAIER IMPORIS, INC. VIROINIA BEACH, VIRGINIA 80 FEET SCALE: 1'=20" OCTOBER 3, 2001 10 20 40 60 REVISED: 10-51-01 GRAPHIC SCALE dO ~ 69,076 PLANNING 5 Petition of OLD BRANDON INVESTMENT COMPANY, LLC, for the discontinuance, closure and abandonment of a portion of Old Providence Road west of the intersection at Indian River Road and Providence Road, and incorporate the area into four adjoining lots, containing 13,748 square feet. (CENTERVILLE - DISTRICT 1) MODIFICATION OF CONDITIONS for VOICE STREAM WIRELESS to construct a 10-foot extension to an existing communication tower approved on a June 9, 1998, Conditional Use Permit granted SPRINT PCS on the west side of Lawson Road, south of Thoroughgood Road (1707 Lawson Road), containing 22,500 square feet. (BAYSIDE - DISTRICT 4) MODIFICATION OF CONDITION NO. 1, allowing 80 beds within 76 units on an approved Conditional Use Permit for housing for the elderly granted to BETEl SIIOLOM TERRACE on March 9, 1999 and modified on December 7, 1999, at 1100 College Park Boulevard, containing 6.131 acres. (CENTERVILLE - DISTRICT 1) Application of FRANK DOCZI for a Conditional Use Permit for a riding academy and boarding horses at the southwest intersection of Pleasant Ridge Road and C"narity Neck Road (1613 Pleasant Ridge Road), containing 20.2 acres. (PRINCESS ANNE - DISTRICT 7) Application of WOODFIN HEATING, INC., for a Conditional Use Permit for an automobile service station (fuel pumps) re unmanned 24-hour fleet fueling facility at the southeast comer of Diamond Springs Road and Haden Street, containing 6.918 acres. (BAYSIDE - DISTRICT 4) Application of GARY E. WEILER for a Conditional Use Permit for housing for seniors at the southwest intersection of Lyrmhaven Parkway and Indian River Road, containing 7.808 acres. (CENTERVILLE - DISTRICT 1) Application of SANDBRIDGE COMMUI~TY CHAPEL UNITED METHODIST CHURCH for a Conditional Use Pemiit for a child care center in a church at the northwest and southwest intersections of Sandpiper Road and Bonita Lane (3041 Sandpiper Road, containing 32,177 square feet and 300 Bonita Lane, containing 25,811 square feet) (PRINCESS ANNE - DISTRICT 7) Application of SHAHPOR MAHGEREFTEH for a Conditional Use Permit for motor vehicle sales at the northeast comer of Haygood Road and Crossborough Road (4880 Haygood Road), containing 39,988 square feet. (BAYSIDE - DISTRICT 4) Map B-9 Moo No~ 2 Old Rrandon Investment Co. Crpin See Application zONING HISTORY 1. Conditional Use Permit (motor vehicle sales) - Granted 4/27/93 2. Conditional Use Permit (auto repair) - Granted 8/11/98 3. Street Closure - Granted 6/26/78 4. Conditional Use Permit (church in shopping center) - Granted 10/10/00 5. Conditional Use Permit ( auto service) - Granted 9/8/86 - 29 - Item V=K2. P~ING ITEM # 49115 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council DEFERRED TO CITY COUNCIL SESSION OF JANUARY 8, 2002, Ordinance upon application of OLD BRANDON INVESTME~ COMPANY, LLC, for the discontinuance, closure and abandonment ora portion of Old Providence Road: ' Ordinance upon Application of Old Brandon Investment Company, L.L. C., for the discontinuance, closure and abandonment of a portion of Old Providence Road beginning at a point 209.38feet west of the intersection of Indian River Road and Providence Road. Said parcel contains 13,748 square feet. DISTRICT 1 - CENTER VIZLE. 9-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IZI, Margaret L. Eure,, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: .l~one Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: William D. Sessoms, .Ir. Councilman Harrison ABSTAINED as the applicant is a client of his law firm. December 18, 2001 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS "OLD PROVIDENCE ROAD" AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "STREET CLOSURE EXHIBIT OF OLD PROVIDENCE ROAD, VIRGINIA BEACH, VIRGINIA," A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A". WHEREAS, on January 8, 2002, OLD BRANDON INVESTMENT COMPANY, L.L.C., a Virginia limited liability company, applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before January 7, 2003; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described streets be discontinued, closed and vacated, subject to certain conditions being met on or before January 7, 2003: All that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "RIGHT OF WAY TO BE VACATED, AREA -- 0.26 AC. (11,157 SQ. FT.), as shown on the plat entitled, "STREET CLOSURE EXHIBIT, PORTION OF OLD PROVIDENCE ROAD, VIRGINIA BEACH, VIRGINIA", dated 11/30/01, prepared by The TAF Group, a copy of which is attached hereto as Exhibit "A", said property being more particularly described as: Commencing at a point in the right of way at the western intersection of Providence Road and Indian River Road and leaving said tight of way in a westerly direction along a beating of N 79° 30' 49" W a distance of 209.38 feet to the true point of beginning; thence turning and proceeding in a southerly direction along a bearing of S 10° 29' 11" W a distance of 64.13 feet to a point; thence turning and proceeding along a bearing of N 79° 36' 39" W a distance of 73.60 feet to a point; thence turning and proceeding along a bearing of N 10° 29' 11" E a distance of 20.00 feet to a point; thence turning and proceeding along a bearing of N 78° 45' 31" W a distance of 122.12 feet to a point; thence turning and proceeding in a northerly direction along a bearing ofN 11 o 14' 29" E a distance of 39.86 feet to a point; thence turning and proceeding along a bearing of N 47° 05' 23" W a distance of 21.47 feet to a point; thence turning and proceeding along a beating of S 79° 43' 27" E a distance of 136.01 feet to a point; thence turning and proceeding along a beating ofS 31° 47' 33" W a distance of 10.22 feet to a point; thence turning and proceeding along a beating of S 79° 43' 27 E a distance of 81.01 feet to the true point of beginning. Said parcel contains 11,157 sq. ft. / 0.26 acres. GPIN: SECTION II The following conditions must be met on or before January 7, 2003: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The applicant shall dedicate certain right of way to the City for Old Providence Road, Indian River Road and Providence Road as depicted on the Exhibits filed with this application. The net area of right of way being closed and vacated by the City, in excess of the area of right of way being dedicated to the City by the applicant will be purchased from the City. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The portion of the right of way proposed for closure is currently fully improved with curb, gutter and asphalt and drainage structures. The applicant shall be responsible for removing or relocating the improvements to the satisfaction of the Department of Public Works and will also be responsible for dedicating additional right of way on Old Providence Road and constructing a ne turn around at the new terminus of Old Providence Road meeting the Public Works Specifications and Standards. 3. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 4. The applicant shall verify the existence or non-existence of any private utilities, within the right of way proposed for closure. Preliminary comments from the utility companies indicate that there are Dominion Power facilities within the right of way proposed for closure. Easements satisfactory to Dominion Power must be provided. If other private utilities do exist, easements satisfactory to the utility company(s) shall be provided. 5. An 8-inch gravity sanitary sewer line exists within the right of way proposed for closure. The determination of the continued need for this sewer line shall be made by Public Utilities during the plan review. A public utility easement shall be dedicated if Public Utilities deems this necessary. 6. All new buildings developed on the combined property must be consistent and compatible (determined by the Planning Director) in architectural and site design details. Access to Old Providence Road shall be provided on the site plan: If plans for any building to be developed on the combined property have not been approved by the City within 365 days of approval of the closure, this requirement for plan approval by the Planning Director may be satisfied for purposes of paragraph 7 by recording a restriction for the benefit of the City of Virginia Beach, in form and content acceptable to the City Attorney, imposing such requirement on any undeveloped parcel contained in the combined property. Provided further, such restriction must be signed by all appropriate parties, and delivered to and approved by the City Attorney prior to the expiration of the 365 day period. 7. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the roadway, this approval shall be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before January 7, 2003, this Ordinance will be deemed null and void without further action by the City Council. 2. If the preceding conditions are met on or before January 7, 2003, this Ordinance shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and the street will be deemed closed. SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." of Adopted by the Council of the City of Virginia Beach, Virginia, on this ,2002. day CA-8265 2/4/2001 2/7/2002 F:\DataL6.TYWorms\Deeds\STC LOS U\WORKING\ca8265.2 .ord APPP>O. VE~ AS/iTO ~OjqTENT: ~'-l~n~,fi~g ID ep ar tme nt' APPROVED AS TO LEGAL SUFFICIENCY: EXHIBIT A O~ \ \ \ N, L L,6E.OLS / / / CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Old Brandon Investment Company, L.L.C., Street Closure MEETING DATE: January 8, 2002 Background: An Ordinance upon Application of Old Brandon Investment Company, L.L.C., for the discontinuance, closure and abandonment of a portion of Old Providence Road beginning at a point 209.38 feet west of the intersection of Indian River Road and Providence Road. Said parcel contains 13,748 square feet. DISTRICT 1 - CENTERVILLE. This request was deferred at the December 18, 2001 hearing at the request of the applicant to address outstanding contractual issues. Considerations: The applicant wishes to close a portion of Old Providence Road and incorporate it into four adjoining lots to create a large comer lot for redevelopment. The Planning Commission eliminated a condition recommended by staff. The condition noted that When the closed area is incorporated into the adjoining parcels, a reservation of right-of-way shall be provided on Indian River Road necessary to allow for an ultimate 150 foot wide right-of-way as shown on the Master Transportation Plan. A reservation of right of way on Providence Road shall be provided to allow for an ultimate 100 foot wide right-of-way as shown on the Master Transportation Plan. The condition requires reservation of property along Indian River Road and Providence Road consistent with Section 201 (b) of the City Zoning Ordinance in order to provide for the ultimate right of way of these roads as depicted on the Master Transportation Plan. The Commission deleted the condition and requested that staff work the applicant to meet the requirements of the City Zoning Ordinance. Staff has been working with the applicant and a Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. _, ! S.ubmitting Department/Agenc~ Planning Department~¢/ Old Brandon Investment Company, L.L.C. Page 2 revised plan has been submitted showing reservations along Indian River Road and Providence Road (attached below on Page 3). Recommendations: A motion was passed unanimously by the Planning Commission by as recorded vote of 11-0 to approve this request subject to the following conditions: The City Attomey's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. The portion of the right-of-way proposed for closure is currently fully improved with curb, gutter and asphalt and drainage structures. The applicant shall be responsible for removing or relocating the improvements to the satisfaction of the Department of Public Works and will also be responsible for dedicating additional right-of-way on Old Providence Road and constructing a new turn around at the new terminus of Old Providence Road meeting the Public Works Specifications and Standards. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. The applicant shall vedfy the existence or non-existence of any private utilities within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are Dominion Power facilities within the right-of-way proposed for closure. Easements satisfactory to Dominion Power must be provided. If other private utilities do exist, easements satisfactory to the utility company(s) shall be provided. An 8 inch gravity sanitary sewer line exists within the right-of-way proposed for closure. The determination of the continued need for this sewer line will be made by Public Utilities during site plan review. A public utility easement shall be dedicated if Public Utilities deems this necessary. All new buildings developed on the combined property must be consistent and compatible in architectural and site design details. Access to Old Providence Road shall be provided on the site plan. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS "OLD PROVIDENCE ROAD" AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "STREET CLOSURE EXHIBIT OF OLD PROVIDENCE ROAD, VIRGINIA BEACH, VIKGINIA," A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A". WHEREAS, on December 18,2001, OLD BRANDON INVESTMENT COMPANY, L.L.C., a Vir~nia limited liability company, applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is thejudgment'ofthe Council that said street be discontinued, closed,' and vacated, subject to certain conditions having been met on or before December 17, 2002; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described streets be discontinued, closed and vacated, subject to certain conditions being met on or before December 17, 2002: All that certain lot, piece or parcel of land situate, lying and being in the City of Virginia Beach, Virgin/a, designated and described as "RIGHT OF WAY TO BE VACATED AREA = 0.32 AC. (13748 SQ. FT.)" as shown on that certain plat entitled: "STREET CLOSURE EXI-tlBIT PORTION OF OLD PROVIDENCE ROAD, VIRGINIA BEACH, VIRGINIA," Scale: 1"=50', dated 9/14/01, prepared by The TAF Group, a copy of which is attached hereto as Exhibit A. And being further described as "Commencing at a point in the right of way at the western intersection of Providence Road and Indian River Road and leaving said right of way in a westerly direction along a bearing of N 79° 30' 49" W a distance of 209.38 feet to the tree point of begirming; thence turning and proceeding along a bear of S 10° 29' 11" W a distance of 64.13 feet to a point; thence turning and proceeding along a bearing of N 79° 36' 39" W a distance of 73.60 feet to a point; thence turning and proceeding along a bearing of N 10° 29' 11" E a distance of 20.00 feet to a point; thence turning and proceeding along a bearing of N 78 o 45' 31" W a distance of 122.38 feet to a point; thence turning and proceeding along a bearing ofN 11 o 14' 29" E a distance of 46.89 feet to a point; thence turning and proceeding along a bearing of N 79 o 43' 27" W a distance of 43.87 feet to a point; thence mining and proceeding along a bearing of N 30° 10' 55" W a distance of 21.31 feet; thence turning and proceeding along a bearing orS 79° 43' 27" E a distance of 160.81 feet; thence turning and proceeding a bearing of S 31 ° 47' 23' W a distance of 26.87 feet to a point; thence mining and proceeding along a bearing of S 79 o 43' 27" E a d/stance of 81.00 feet to a true point of beginning." Said parcel contains 13,748 sq. f[./0.32 ac. SECTION II The following conditions must be met on or before November 26, 2002: 1. The City Attorney's OffiCe will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Depart¢. ent. Copies of said policy are available in the Planning The portion of the right of way proposed for closure is currently fully improved with curb, gutter and asphalt and drainage structures. The applicant shall be responsible for removing or relocating the improvements to the satisfaction of the Department of Public Works and will also be responsible for dedicating additional right of way on Old Providence Road and constructing a new mm around at the new terminus of Old Providence Road meeting the Public Works Specifications and Standards. 3. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjc~ining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 4. The applicant shall verify the existence or non-existence of any private utilities, within the right of way proposed for closure. Preliminary comments from the utility companies indicate that there are Dominion Power facilities within the right of way proposed for closure. Easements satisfactory to Dominion. Power must be provided. If other private utilities do' exist, easements satisfactory to the utility company(s) shall be provided. 5. An 8-inch gravity sanitary sewer line exists within the right of way proposed for closure. The determination of the continued need for this sewer line shall be made by Public Utilities during the plan review. A public utility easement shall be dedicated if Public Utilities deems this necessary. 6. All new buildings developed on the combined property must be consistent and compatible in architectural and site design details. Access to Old Providence Road shall be provided on the site plan. 7. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. 2 SECTION llI 1. If the preceding conditions are not fulfilled on or before December 17, 2002, this Ordinance will be deemed null and void without further action by the City'Council. 2. If the preceding conditions are met on or before December 17, 2002, this Ordinance shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and the street will be deemed closed. SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court o.fthe City of Virgirda Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." of Adopted by the Council of the City of Virg/nia Beach, Virginia, on this , 2002. day CA-8265 12/4/2001 F:XData~ATY~Forrrm~D~:IsXSTCLO SU~WORKING~a 8265 .ord APPROVED AS TO CONTENT: Pla,ani,~Department APPROVED AS TO LEG~CIENCY: City Attorney 3 O~ November 14, 2001 General Information: REQUEST: ADDRESS: Street Closure Portion of Old Providence Road Mal~ B-9 Old Brandon Investment Co. ELECTION DISTRICT: SITE SIZE: PURPOSE: Gpin See Applicatio~ I - CENTERVILLE 13,748 square feet To close a section of Old Providence Road and incorporate it into four adjoining lots to create a large corner lot for redevelopment. Planning Commission Agenda .--.)~ July 11, 2001 OLD BRANDON INVESTMENT COMPANY/# 15 Page I STAFF PLANNER: Barbara Duke Land Use, Zoning, and Site Characteristics: Existin,q Land Use and Zonin,q This portion of Old Providence 'Road is currently paved and contains a tum around. Old Providence Road serves as a rear access road for several businesses fronting on Indian River Road. The properties adjacent to this portion of the road are zoned B-2 Community Business District. Surroundin,q Land Use and Zonin,q North: South: East: West: · Office, restaurant, and auto sales / B-2 Community Business District · Vacant Property / B-2 Community Business District · Intersection of Indian River Road and Providence Road · Auto sales and service / B-2 Community Business District Zonin,q History The property in this area was zoned for commercial use in 1966. Several lots fronting on Indian River Road in this area have been granted use permits for auto related services and/or sales. A portion of Old Providence Road to the east was granted closure on June 26, 1978. Planning Commission Agenda ..}~ July 11, 2001 OLD BRANDON INVESTMENT COMPANY/# 15 Page 2 Public Facilities and Services Water and Sewer Water: There are no public water lines in the area proposed for closure. Sewer: There is an existing 8 inch gravity sanitary sewer line in the area proposed for closure. The applicant will be responsible for removing or relocating this 8 inch line at the direction of Public Utilities. Public Works The portion of the right-of-way proposed for closure is fully improved with curb, gutter, asphalt and drainage structures. The applicant will be responsible for removing or relocating the improvements at the direction of Public Works and will alsg be responsible for constructing a turn around at the new terminus of Old Providence Road. When the closed right-of-way is combined with the parcels at the comer to create a larger parcel for redevelopment, a reservation of right-of-way on Indian River Road is necessary to allow for an ultimate 150 foot wide right-of-way as shown on the Master Transportation Plan. A reservation of right of way on Providence Road is necessary to allow for an ultimate 100 foot wide right-of-way as shown on the Master Transportation Plan. Public Safety Police: Fire and Rescue: Adequate If this portion of Old Providence Road is closed, a standard turn around should be provided at the new terminus to allow emergency vehicles to maneuver safely. Planning Commission Agenda ~.~-.-~%~ July 11, 2001 OLD BRANDON INVESTMENT COMPANY/# 15 Page 3 Private Utilities. There are Dominion Power overhead lines in the area proposed for closure. satisfactory to Dominion Power' must be provided. Easements Preliminary comments received from the other utility companies indicate that there are no other private utilities existing in the area proposed for closure. Comprehensive Plan The Comprehensive Plan recommends this area for retail, service, office, and other compatible uses serving surrounding neighborhoods and communities. Evaluation of Request This request should be deferred for the reason noted below. The applicant's proposal will demolish three existing buildings that were developed independently with separate curb cuts and then redevelop the site as a retail store and medical office with coordinated access, limiting the curb cuts to one on Indian River Road and one on Providence Road. The Viewers Committee is supportive of the redevelopment and finds that no public inconvenience will result from this street closure. This application represents a unique opportunity to redevelop a highly visible comer of a busy intersection within the City in a coordinated manner. In order to accomplish this, there are some outstanding issues that should be resolved pdor to moving forward with this request for closure. The Viewers conclude that the applicant should provide a site plan for the proposed retail store and medical office showing all parking and building improvements outside of the area necessary for the right-of-way reservations in accordance with the Master Transportation Plan for Providence Road and Indian River Road. Additionally, more details on the architectural design of the new buildings should be provided. Although the retail store will be required to meet the Retail Design provisions of the City Zoning Ordinance, the medical office building is not required to meet the retail guidelines. The zoning ordinance does not require that the medical office building be consistent with the retail store in terms of architectural or site design. The Viewers Committee recommends that this street closure request be deferred until the remaining site plan coordination issues are resolved so that the applicant can work with staff to produce a project that will meet the level of quality consistent with goals, objectives, and policies of the City Council. Planning Commission Agenda July 11, 2001 OLD BRANDON INVESTMENT COMPANY/# 15 Page 4 Should the Planning Commission decide to grant this request, the following conditions are recommended. Conditions The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. The portion of the right-of-way proposed for closure is currently fully improved with curb, gutter and asphalt and drainage structures. The applicant shall be responsible for removing or relocating the improvements to the satisfaction of the Department of Public Works and will also be responsible for dedicating additional right-of-way on Old Providence Road and constructing a new turn around at the new terminus of Old Providence Road meeting the Public Works Specifications and Standards. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. When the closed area is incorporated into the adjoining parcels, a reservation of right-of-way shall be provided on Indian River Road necessary to allow for an ultimate 150 foot wide right-of-way as shown on the Master Transportation Plan. A reservation of dght of way on Providence Road shall be provided to allow for an ultimate 100 foot wide right-of-way as shown on the Master Transportation Plan. The applicant shall verify the existence or non-existence of any private utilities within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are Dominion Power facilities within the dght- of-way proposed for closure. Easements satisfactory to Dominion Power must be provided, if other private utilities do exist, easements satisfactory to the utility company(s) shall be provided. An 8 inch gravity sanitary sewer line exists within the right-of-way proposed for closure. The determination of the continued need for this sewer line will be made by Public Utilities dudng site plan review. A public utility easement shall be dedicated if Public Utilities deems this necessary. Planning Commission Agenda July 11, 2001 OLD BRANDON INVESTMENT COMPANY/# 15 Page5 All new buildings developed on the combined property must be consistent and compatible in architectural and site design details. Access to Old Providence Road shall be provided on the site plan. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. INOTE: Further conditions may be required dUring the administration of applicable Cit~/ Ordinances. Planning Commission Agenda July 11, 2001 OLD BRANDON INVESTMENT COMPANY/# 15 Page 6 Planning Commission Agenda July 11, 2001 OLD BRANDON INVESTMENT COMPANY/# 15 Page 7 Old Brandon Investment Company, L.L.C. Page 3 REVISED SITE PLAN ~2' R/W DEDICATIO~ 12 SPACES / / / / momem / ~= R/W DEDICATION R/W' DEDICATION R/W RESE'~VATION ' tNDLAN R~_R ROAD INDIAN RIVER ROAD (110' R/W) ACCESS EASEMENT TOTAL AREA OF R/W TO BE: DEDICATED = 9632 SQ. Fr. (INDIAN RIVER ROAD. PROVIDENCE ROAD. AND OLD PROVIDENCE ROAD , TOTAL AREA OF R/W TO BE DEDICATED FOR RIGHT TURN LANES ON INDIAN RIVER ROAD AND PROVIDENCE: ROAD = 5660 SQ. FT. TOTAL AREA OF R/W TO BE RESERVED -- 31;39 SQ. Fr. (INDIAN RIVER ROAD) Walgreens 4B O Indian Ri~er Rood P.O~ECT.O.: o,o~ PRELIMI1qARY LAYOUT MODEL2.3.DWG SCALE: 1 12-07-01 ~Or~T~ urmr~[ r,r~.~Ty. O..qS Ar. PARJCI~C) R[GU~D,.,i 7~ SPA~:S Planning Commission Agenda July 11, 2001 OLD BRANDON INVESTMENT COMPANY/it 15 Page 8 Planning Commission Agenda July 11, 2001 OLD BRANDON INVESTMENT COMPANY/# 15 Page 9 Item #15 Old Brandon Investment Company, IJ.C Discontinuance, closure and abandonment of a portion of Old Providence Road District 1 Centerville November 14, 2001 REGULAR AGENDA Eddie Bourdon: At last, Eddie Bourdon representing the applicant. This is a pretty simple application, at least we felt that was the case. It is a street closure application. It is not a rezoning. All the property is zoned B-2. Background: Before we pursued this, my clients and I came down and spoke to the Planning Department about this site which is Comprised, I am talking about the development, not the street closure, I am kind of giving you some background. There are four parcels of land with three owners that are located at this intersection of Indian River Road and Providence Road - one is a car dealership and one is a fast food restaurant. I don't know if you have pictures of that and the other is an office, a small office building. They are on, there is the car dealership - what is there now doesn't meet the retail design criteria to say the least. One parcel is clearly substandard in terms of size. We came down and said, you know, we might be able to go out and put contracts on all these properties and redevelop this comer with a Walgreen's and I think that Walgreen's is doing, some of the most attractive development currently in the City and I think all their sites have been pretty universally acclaimed as being very attractive. We were given an absolute positive yes, we think it is a great idea. We want redevelopment. I know we have been talking about redevelopment as a Planning Commission as a development community as the future but we came down first because to do that is a complicated process. It is not about going out and buying a green field for one party and come in with a development plan. We have got to negotiate a lot of issues and in this case three of the property owners even though there are four parcels including access issues and in the one ease building a medical office building for one of the owners. It is a time consuming process. We engage in it because the indication was given, yes, it is a great idea and frankly that is when I first thought it is super. It would look a whole lot nicer than what is out there. Well, my client has spent a whole lot of time and money and put everything in a contract but again dealing with different parties in negotiating you don't have very long time lines because people's perceptions are all different and some of these properties are leased properties. Here with the situation where we are seeking to close a portion of a street of Old Providence Road and I don't think anyone argues there is relevance or use for other than providing access, rear access, to these properties and we found out about a week and a half ago that an issue had been raised regarding going'to make sure the Waigreen's met the, you know, the design, the high design met the design requirements of the retail guidelines which Walgreen's has done on all those stores and that is not a problem. We provided a site plan and elevations to the staff showing that even though this isn't a rezoning and any B-2 use allowed on this property by right. We don't have any problem and didn't have any problem and that has been provided. It will be a significant and tremendous upgrade over what is there now and hope that there wouldn't be, I don't think there would be Item #15 Old Brandon Investment Company, I J.C Page 2 anybody that would dispute that. The - all the conditions in here are acceptable with one exception but before I get to that I want to mention the doctor's office. It is also shown on the site plan. We certainly will build that consistent with the architecture and the building materials with the Walgreen's which, again, was covered under condition number 7, all new buildings developed on the combined property must be consistent and compatible with architecture site design details. Access to Old Providence Road shall be provided on the site plan. We have done that. We have also eliminated curb cut accesses and going down to just two uses, one access point from Indian River Road and one access point from Providence Road and access across the properties provided. What you see there isn't the plan that the staff now has, in other words it is very, very similar. We now showing all the landscaping around the exterior to landscape the parking as well as the pedestrian access tie into the street, sidewalks of Indian River Road and Providence Road and access to Old Providence to the site up to the right in and right out of Old Providence and down to Indian River Road. All that is shown in the site plan that staff now has. The only problem that we have is condition #4. There is a typo in there first on Indian River Road under the master transportation plan, I believe there is suppose to be 150 foot wide right-of- way not a 250 foot wide right-of-way, I believe, but the issue here of telling this property- these property owners that with a development that a by right development - we need to close a street - that we have to reserve area for some potential future widening of Indian River Road and develop outside of that area and Providence Road for that matter. We can not do that. There isn't enough land, it will not work. No one ever suggested that was going to be a requirement and no one ever on my side believed that there would ever be a requirement given the fact that it is not in the CIP, it is not a CIP project. It is not going to be one as far as I am concerned, I don't believe. From here to Military Highway to widen that road and all the cost that will be associated with acquiring the land from the businesses along there versus its standing on the radar screen. I don't think it will happen in our lifetime. But the reality is that we can't do this redevelopment by reserving right-of-way for some future acquisition for Indian River Road and any development on this property would not be required to do that. It i's not in the CIP, it doesn't create the need for the right-of-way. We are proposing to close on the right-of-way, pay the City for it, put it on the tax rolls and invest millions of dollars in upgrading that corner for something that is very attractive. The alternative is, I guess, is to continue to look at what is there until I guess somebody else can come up with a redevelopment option that doesn't involve closing Old Providence Road but again it wouldn't require dedication or a reservation of right-of-way on either of those roads which are not in the CIP at this point. If we want to see redevelopment we want to see investment and upgrade, you know, the communication with the private sector and the people who are willing to spend the money has got to be, frankly, better than it is. It is unfortunate that we have gone through all this trouble to fred out in the 11~ hour to find out something that would not be a requirement of any development of this property were it to come forward with a development plan, by right, under unconditional B-2, it wouldn't be a requirement but because we want to close a portion of the street, pay for it, put it on the tax rolls and clearly upgrade, clearly upgrade what is there it is now being boot strapped onto this application and frankly we can not do it. It can not be incorporated into this development. We don't have enough room to provide that right-of-way outside of our development and we can't go and try to negotiate contracts and hold contracts together to try to get additional land. So, we have no Item # 15 Old Brandon Investment Company, 1J.C Page 3 problem with any of the cOnditions. The aesthetic parts of it. Not a problem,' but we can not do this when we redevelop this site and that is what my client has asked me to advise you. They are not happy about it but they hope you will understand what we are trying to do and why we are trying to do it and with that I will be happy to answer any questions. Betsy Atkinson: Eddie, could you go up to that site plan and show me how much inside on Indian River and Providence Road that those reservations would require. Eddie Bourdon: The reservations would come up into here. Betsy Atkinson: On that side. Eddie Bourdon: (Indicates yes.) Betsy Atkinson: What about on that side. Eddie Bom'don: Over here we could probably squeeze five feet of reservation over on this side. You basically - the point if you are going to develop, if you allow, the development plan to be approved with the reservation not affecting any of the setbacks or anything else, we don't have a problem with it. But what we understand the reality is show the area of reservation for some potential future acquisition and then develop outside of that, can't do it. Charlie Salle': I think Bob Miller was fn'st. Robert Miller: Okay, since you are going to get down to some of this "nit nor' stuff, how many feet do you have to reserve on Indian River Road. Eddie Bourdon: I would let staff answer that question. I am not sure what the number is. I think it is like 25 or 30 feet on Indian River Road as I understand it. But I don't want to... Robert Miller: Is it that much? Stephen White: 15 to 20. Robert Miller: 15 to 20. Alright and then on Providence Road. Stephen White: Same. Robert Miller: Same. Eddie Bourdon: We can squeeze 5 feet on Providence Road but that is all... Unless you want to hold relay it on the development plan which then it doesn't affect us. Item #15 Old Brandon Investment Company, LLC Page 4 Robert Miller: That was the question I had, since this is not in the CIP is there a possible timing issue here that we can use that area for landscaping. I mean you have got to do some right mm lanes in here anyway at least that is what I am seeing on there. Eddie Bourdon: Yes, we have... Robert Miller: So that would actually be a physical, that would be approximately the same physical area that the road would occupy if it were ever widened in those limited areas where the fight mm lanes are. Is that right? Eddie Bom'don: Some of that yes. Robert Miller: Is it possible to allow landscaping in the reservation area based on the fact that these things are not on the scope at this point and I am just asking that first, I have some other ideas. Robert Scott: There is a lot to be said here, I think that we do need to look at this as a redevelopment issue. Robert Miller: I agree. Robert Scott: I don't think therefore that it is wise to look at it in terms of black and white you know develop it as a Walgreen's or develop it as a potential street. There are some in between and maybe pan of the question is what could be allowed in that area in the meantime. It may be many years but I agree with that, it may be many years. I don't see this as a by fight development when you develop on property that somebody else owns which is the City in this case and they need our cooperation and we are just asking for a little cooperation in return. I think that is a two way street and I think that it is something that maybe the issue is what we could do with it in the meantime. We don't want to frustrate Walgreen's development proposal. I think that is an important level of improvement. But our road system is important too even ff it is long range. We still need to provide for reasonable expansion of it. Emphasize reasonable here, as things happen and the furore unfolds. So I think the fight answer is somewhere in between. I don't think it is rigidly just letting this development go with no requirements nor do I think it is simply providing for the road expansion for the future without potential of the importance of · redevelopment and we may have to give both sides or we may have to give a little bit here. Robert Miller: I appreciate the way you said that. It is my exact thinking that when we are doing redevelopment we are going to have issues that are not going to fit into the box and that is with the private sector being willing to do redevelopment we need to be as cooperative as possible and I think what you said and Bobby said in exactly the fight way. I don't know how to phrase that. I am in favor of closing the street because I think the viewers and everyone else agrees that closing the street is an appropriate request and that doesn't cause a problem. I think there is a couple of issues that happens after that and realistically we think there will be a Walgreen's there and we Item #15 Old Brandon Investment Company, LLC Page 5 want that redevelopment to occur so I think that' then becomes part of the opportunity for the compromises or the - not necessarily the compromises to give away - but compromises to resolve what are physical issues here. I feel like what you, Bob, what you said is really the appropriate thing but how do we get that into words in order to move forward in this process or do we have to delay this again in order to come to a resolution? Robert Scott: Well,... Eddie Bom'don: Can I add while you are thinking? Robert Scott: Go ahead. Eddie Bom:don: I agree with what you said and we are more than happy, my clients are more than happy to express the desire to meet with staff to try to work out these issues and we will meet as many times and as often as we need to meet but we contractually can not slow down. We have got to move forward because we have one of the properties as a lease is going to be renewed in January so we have to move the process forward today but we share and I am glad to hear what Mr. Scott had to say. We share the desire to work with the staff to try to make it work better. If we can't make it work, we can't make it work. My point is we want to move forward with this today and work with the staff. We agreed with the conditions of the reservation part of it is one we can't agree to in its current form. If there is some way we can compromise that and make development fit on the site with the reservation we are happy to do that _ to try to do that. Robert Miller: I have two things. One is that I think, the way I looked at this is I thought about it while we were eating lunch and just thought I would want to close the street irrespective to give the opportunity for redevelopment which is what I think we are UTing to do and that is what you said in so many words. But then do we move forward now or can we move forward now and look for a resolution of this in some form or another. It sounds like there is another plan already on the table which maybe, I don't know how that addresses these things, but can we move forward and send this onto Council without having that reservation issue resolved. Robert Scott: Again, this seems like there is always two things. There is two things. One is that if this were a site plan brought in even though these roads are not on the master transportation plan, we probably would at site plan stage be looking for~ not a dedication.though, but a reservation of right-of-way. And reservation simply means the opportunity to buy the land at fair market value for future road expansion. What it really boils down to Mr. Miller is where do you want the Planning Commission's role to be? If you want to see the solution and pass judgement on the .solution and be part of the solution then you have got to participate in it. If you are comfortable in staff doing it or the Council doing it and whatever happens you will be told about later, then okay. You can pass it on. That is really your choice defining your role. Robert Miller: I think I feel like personally our role is to look at the street closure as a street closure and deal with the Viewer's recommendations and I would favor the street closure. The Item #15 Old Brandon Investment Company, LLC Page 6 second thing is that it gives the opportunity for redevelopment which I feel like something is our role. In particular to encourage the private sector just to be given the oppommity to rework this coruer through something that we are not having and our Viewer's have not had a problem with that is closing the street. So at some point, if it is however the other members of the commission feel, then I think I could feel comfortable in recommending to go forward with the certainty of the conversation that you well define better than I would be able to repeat and that is that these two parties would get together and work through how this reservation could be done in whatever form it is in and then how the properties could also be developed as of right now it is proposed as a Wal~een's and a medical center. And I will be quiet for a minute. Ronald Ripley: I have always liked to know if there is going to be a reservation. Quite frankly I would rather - I am sure Eddie appreciates dealing with it here rather than dealing with it at site plan approval if you have got that issue and you got to deal with it. And certainly I understand the City owning the property and wanting to get it if they are going to give up the property perhaps getting something a little closer to what they had in mind at the site and I am not - it is. not right for me to look at your site plan and try to think in terms of how to revise it but it seems to me if you all shared some sort of access isle between those two properties versus trying to create two accesses -- two distinct isles that you would free up some space on that.site and you might be able to move the building back a little bit and provide some reservation area and accomplish what you are trying to accomplish. Now I haven't seen -- I understand there is a revised site plan. Maybe that is what you did or something like it but that is what kind of jumps out at me is that there is a lot of isle space in there and sharing it would make economics to it and some opportunities to make a better site plan. Once again, I probably shouldn't be offering my advice or suggestions, I should say, but it seems like that would probably get you closer. Eddie Bourdon: Hopefully we have provided shared access there is one access shared from Indian River Road and there is one access shared on Providence Road. Ronald Ripley: I am talking about a shared isle. You have two isles there. You have an isle that runs in front of the office building and then you have aa isle rtmning in front of Walgreen's. Eddie Bourdon: Parking to the two... Ronald Ripley: Unless I am not reading this correctly, there seems to be a median area that mas between the office building and the back at the Walgreen's. Eddie Bourdon: It has changed somewhat but essentially it has been modified. You have aa access coming up here which will provide access to Old Providence. A right access here to provide access across to here. This has been eliminated. And an access through here on the revised plan. So there is totally shared access. Other than that I don't know what staff can ask for and that is in the revised plan that staff has. Beyond that I don't know how that saves us anything. But the other issue that is the bottom line, it really is the crux of the matter is if we were coming into rezone a piece of property then the reservation can be extracted but with a Item #15 Old Brandon Investment Company, LLC Page 7 piece of property that is zoned B-2, if we didn't need to close the street in order to fit it on the property, the street that is clearly not necessary. The City is not in a position legally- they can ask for it, they can not require that we reserve property if we are not creating a need for the fight- of-way and if not in the CIP and develop outside of that reservation. It is essentially taking away the development opportunity for that property which they don't have the right to require. They can ask for it. We are willing to work to try to meet somewhere in the middle if we possibly can but the point is if we want to encourage the private sector to invest in cleaning up situations and redevelopment, in my opinion we ought not be throwing up unnecessary roadblocks. Throwing out something to ask for us to work with them to try to get as much that we can give all in favor of we are glad to do. But when my clients looked at this and when we came down and asked before we ever started this process no one ever suggested to us that we were going to be treated as if we were rezoning the property and be told that we were going to have to make reservations for ultimate right-of-way which are contained in the master transportation plan but are not in the CIP and not on the radar screen as far as CIPs are concerned. That is the problem that is there in terms of our desire to try to see redevelopment. Hope the private sector will continue to want to try to do redevelopment. I think it is a good thing, but we ought not in my estimation being putting up roadblocks especially not impenetrable barriers. To say, you know, we want to work with you is one thing. Ronald Ripley: I don't want to argue with you Eddie but I mean, most every site plan situation there is a reservation. If there is a reservation requested it is requested'and it does go on all the time and the opportunity to work and come to some medium as you suggested is done but it is not new. It... Eddie Bourdon: It is requested because many people give it because they can and they can afford to and they do. Ronald Ripley: It is a reservation. Eddie Bourdon: But again, if it is not in the CIP, if the road is not in the CIP and the use, in this case, the use doesn't create the need. If it doesn't create the need there is no way the City can legally mandate. Ronald Ripley: I agree with that. Eddie Bourdon: That is my only point but we are willing to work but here we are being told, or at least initially, I am not setting anybody's feet in stone - but being told if you want a street closed you have got to do this. Well, we can't do a development then. If it is not a requirement that it will be' a requirement to put forth - if we could put those pieces of properties together and redevelop them without closing Providence Road it would not be a requirement. We.could not be required to do it. They may ask and if we couldn't fit it in we wouldn't be required to do it. Ronald Ripley: Well, let me ask you another question. If you were relocating an office building Item #15 Old Brandon Investment Company, LLC Page 8 for one of the owners.., is it one of the owners? Eddie Bourdon: One of the three owners. Ronald Ripley: Well, just the same in the public interest that is the same thing that is being - it is almost the same situation with the closed road. You are looking to buy the land of the closed road as a condition of buying or developing this property you are agreeing to move an office building so it is almost you are doing the same thing in a private manner. Is that not correct? Eddie Bourdon: I don't see the parallel. We certainly as a part of negotiating we are leaving the most desirable of the three uses that are there by building a new building that will be far more attractive. I don't see how that equates to... Ronald Ripley: You will need to look at the City as one of the property owners that you are assembling and Mr. Scott is just trying to put some requirements on you to get a development that is - that they envisioned to go there. And I think you are close. Eddie Bourdon: And in terms of the appearance, the aesthetics, the design totally agree completely agree. We don't have any disagreement whatsoever in terms of what we are going to get in the end. But in terms of putting on a requirement in terms of this reservation that wouldn't be required that otherwise we can't accommodate that is the problem. No one suggested that we were going to be expected to do something that is not required of a development otherwise is putting a hurdle up that the private sector needs to be made aware of things we expect and showed them a site plan from day one and said we will meet the design criteria. We will do like the other Walgreen's. All that is not an issue. We are not trying to put a substandard Wa/green's there. No one suggested to us, and I guess they should have, but we might require some fight-of- way reservation for roads that are not in the CIP that we couldn't require of you if you were not required to close a portion of the street that we don't need. We are willing to work with it but in terms of making it an absolute, we can't do it. There is not enough land. It will not happen. I just don't think it is okay - it is alright to try to get as much as you can but at the same time look at where we are and where we want to be and I think that is what Mr. Scott is saying. We are willing to try to meet where we can meet but we don't have enough land to do it any other way. John Baum: Mr. Chairman you seldom look this way. One thing that bothers me the north arrow. See where that is pointing. It is going down towards the ground and all the City maps the north arrow is north and the City map shows the City owned property which doesn't include the property, and you try to put the two together and it is not a very clear picture. I wish you would hire - I don't know if Bob Miller did this or not. Hire somebody to make north, north... Robert Miller: The north an'ow is always north. It is not that. It is which way they are on the drawings. Item #15 Old Brandon Investment Company, LLC Page 9 John Baum: Yeah, I know but when you start dOing that you - especially one 'like this where the City's property is properly shown but his is upside down. Charles Salle': Any other comments? Ready for a motion. Robert Miller: I would like to make a motion for approval of the street closure and I would like to eliminate condition g4 and restate that the owner and the City's representatives will come together to work out the requirement - the necessary reservations for Indian River Road and Providence Road while still taking into consideration the site plan that has been proposed by the owners representative. Charles Salle': Okay, I got a motion by Bob Miller and a seconded by Betsy Atkinson to approve the application eliminating condition #4 but requiring that the owner and the City need to work out the reservation issue and taking into consideration the existing site plan. Robert Vakos: I need to ask a question. Mr. Scott, is that going to get you where you want to be. Robert Scott: Once again two things. Without agreeing with Mr. Bourdon's legal theory which I. don't think I do but I do agree that adherence to that condition is probably the difference in doing this deal and not doing this deal and I would be willing to work to try to fred the middle ground. If that is the way the City's Planning Commission wants to do it gets us'to where we need to be. If it gets you to where you need to be I am more concerned with your thought here, we will be willing to try to do that but I do kind of think these requirements for reservations are routine. However, I don't think that is the issue. I think the issue is the physical room. It is whether it is or whether it isn't or whatever it is I am assuming that this project is being developed with the minimum number of parking spaces, I don't know. I am assuming that they don't have any parking spaces to spare or lose lets say and if that is the case then we need to think, philosophy about how we want to handle these redevelopment issues and what we are willing to risk and what we are willing to sacrifice or whatever. That to me is the issue. So, we will be happy to think about that in the interim if that is the way the Planning Commission wants to handle it. Robert Miller: Just as a comment. I think this is the type of thing we are going to face many, many times over. Not necessarily a street closure but issues of reservations and dedications and how we agree to resolve these things in redevelopment type areas within our City and how that is -- I don't see one coming on but I think that is where we are going to fred ourselves soon and listening to what Bob said I just really like the way he said it because what it is saying is ff there is an opportunity to resolve both for the benefit of the City and for the redevelopment of that property. Charlie Salle'- Okay, I guess we are ready for the vote. AYEll NAY0 ABS0 ABSENT0 Item #15 Old Brandon Investment Company, LLC Page 10 ATKINSON AYE AVERY-HARGROVE AYE BAUM AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE Charlie Salle': By a vote of 11 to 0 you have approved the application of Old Brandon Investment Company for a street closure of a portion of Old Providence Road. APPLICATION STREET CLOSURE CITY OF VIRGINIA BEACH PAGE 4 OF 4 Applicant's Name: List All Current Property Owners: Old DISCLOSURE STATEMENT Brandon Investment Conpany~ L.L.¢. Coleman Farms, Inc. Virginia Howard A. Beach Investment Company, and Lee g. Ossen L.L.P. Yung Yu Chen PROPERTY OWNER DISCLOSURE If~e property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessa~. ) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE ff._.~e applicant is a CORPORATION, list all officers of the Corporation below: (Attach list ifnecessa~.) _ ~omas G. Johnson, III Alan B. Nusbaum Alan L. Nordlin~er, Jr. .S.L. Nusbaum Realty Co. If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all ~mbers or partners in the organi~tion below: (Attach list ifnecessaryJ Check here if the applicant is NOT.a corporation, partnership, firm, or other unincorporated organization. C,R, RTIFICATION: I certify that the information contained herein is trtte and accttrate. Old Brandon Investment: Company, L.L.C. ~y: ~ Thomas G.'~hn$on, III Print Name · . ' I ~~A'~ON PAGE 4 OF 4 DISCLOSITRE STATE Name. Old Ba'&ndan ~nveacmen: Corn n L.L.C. Ll~ All Current PRop~'~ Ow~_~ D~CL( fthe ptolemy owner is a CORPORAI'ION, list all officers of ~he Co: Coleman Farms Y-nc. :~ X, ,.-.L.lla~ ~eraer Cheek here if the property owner is NOT a corporation, partnership. ~ ttPlItfe, mjr it nor ~e cuing o~a~ offhep~pe~, complete ~e, APPLICANT DISCLosuI~ applicant la a CORPORA'lION, list all officers of the Corporatio ~Lican, i, a ~.~.~I~1', FTRM, or'o~hcr VJPONCOI~OI~ parmez3 m ua= organimtion below: (Attach l/rr/fnece~rary) .'her& barn if ~he a~plicant is NOT a corporation, pannership, finn, o ~oration b~low: (Attach list if nece~aryj RPORA'FF.D ORGANIZATION, list sty) firm, c,r ,~r. ht:r unincorporated k, gplicer,:r Df~elosttre section below: l~ow: (Arxach lift O~nec~atary9 ,TRD ORGANIZATION, lis~ all other ur. incarporatcd organization. Map E-3 004 BLFD Voice Stream Wireless Gln'n 1479-14-8293 Lawson Rd. ZONING HISTORY 1. Conditional Use Permit for Monopole Communications Tower- Granted 6/11/96 2. Conditional Use Permit for Monopole Communications Tower- Granted 6/9/98 3. Conditional Use Permit for auto repair- Granted 8/22/95 4. Conditional Use Permit for gas pumps - Granted 9/26/88 5. Conditional Use Permit for mini-storage - Granted 4/10/89 Item V-L $.a/b/c PUBLIC HEARING - 40- PLAN~G IT£M # 43679 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinances upon application of SPRINT, PCS for Conditional Use Permits for a communications tower, monopole communications tower and telecommunication antennas: ORDINANCE UPON APPLICATION OF SPRINT, PCS FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TO WER R06982195 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BE,ICH, VIRGINIA Ordinance upon application of Sprint, PCS for a Communication tower on the west side of Lawson Road at its intersection with Independence Boulevard. Said parcel is located at 170 7 Lawson Road and contains 25,958 square feet. BAYSIDE BOROUGH. The following conditions shall be required: o 6. Future joint use for primary and secondary tower users must be accommodated on this tower at reasonable terms. The proposed tower must be designed and constructed in similar fashion as the existing monopole structure, including the coloration and lighting of the tower. However, no additional strobe lighting shall be permitted without written verification from the F.A.,,t. that the lighting is required for safety purposes. In the event that the tower is inactive for a period of two years, it must be removed at the applicant's expense. The plant species shown on the submitted plan must be changed to a more appropriate plant material to screen the tower compound. It is recommended that the applicant consider Wax Myrtles or Red Tip Photinas. In addition to the landscaping planned around the tower compound, the applicant must also install a planting bed 10 feet in width, along the entire frontage of the site as it adjoins Lawson Road (except at the two approved entrances). Leyland Cypress trees, 6-8feet in height at planting, shall be planted 20feet on center within the bed. The project will be developed substantially in keeping with the site plan entitled "Sprint PCS Comprehensive Site Plan, Starling Farm "datedMarch 23,1998, and revised March 30, 1998. (The plan must be modified to depict the additional landscaping required by Condition g4 above). No additional uses shall be permitted on the site without reconsideration by City Council. AND, June 9, 1998 Item V-I.5.afo/c PUBLIC HEARING - 41 - PLANNING ITEM # 43679 (Continued) ORDINANCE UPON APPLICATION OF SPRINT, PCS FOR A CONDITIONAL USE PERMIT FOR ,4 MONOPOLE COMMUNIC,4TIONS TOWER R06982196 BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CI'IT OF VIRGINIH BEACH, VIRGINIA Ordinance upon application of Sprint, PCS for a Conditional Use Permit for a monopole communicatiort~ tower located on the west side of Sandbridge Road, northeast of Colchester Road. Property is bounded on the east by Sandbridge Road and on the west by Hells Point Creek. Said parcel contains 73.8 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: The proposed tower must be' developed as presented to the Planning Commission and City Council, as a monopole structure, not to exceed 180feet in overall height. The tower may not be painted. Lighting of the tower must be the standard lighting requirement outlined in F.,4.,4. guidelines for towers of 180 feet in height or lower. If, due to FA/I or other state or federal guidelines, painting or modified lighting is required, the maximum height of the tower shall be limited to a lesser height that would not require additional lighting or painting. No trees shall be removed within the portion of the leased area that lies outside the chain link fence as depicted on the site plan submitted with this conditional use permit application entitled "Preliminary Site Plan, Sandbridge, for Sprint PCS" dated 4-1- 98. 4. In the event that the tower is inactive for a period of two years, it must be removed at the applicant's expense. aND, ORDINANCE UPON APPLIC,4TION OF SPR1N'f, PCS FOR ,4 CONDITIONAL USE PERMIT FOR TELE COMMUNICATIONS /INTENNAS R06982197 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIT~ OF VIRGINIH BEHCH, VIRGINIA Ordinance upon application of Sprint, PCS for a Conditional Use Permit for.telecommunications antennas on the north side of Holland Road, east of Dam Neck Road. Said parcel is located at 3040 Holland Road and contains 17.632 acres. PRINCESS ,4NNE BOROUGH. June 9, 1998 Item V-l.$.a/b/c PUBLIC HEARING PLANNFNG ITEM # 45680 (Continued) : The following condition shall be required: The project will be developed substantially in keeping with the site plan entitled "Sprint PCS Comprehensive Site Plan, Starling Farm" dated March 23, 1998, and revised March 30, 1998. These Ordinances shah be effective in accordance with ~ection 107 (JO of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of June, Nineteen Hundred and Ninety-Eight. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, IH, V~rilliam [Y. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis P~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor [Yilliam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Voice Stream Wireless, Modification of Conditions MEETING DATE: January 8, 2002 Background: An Ordinance upon Application of Voice Stream Wireless for a Modification of Conditions placed on a conditional use permit for a communication tower granted to Sprint PCS on June 9, 1998. The parcel is located on the west side of Lawson Road, south of Thoroughgood Road (GPIN #1479-14-8293). Said parcel is located at 1707 Lawson Road and contains 22,500 square feet. DISTRICT 4 - BAYSIDE Considerations: The applicant is requesting a Modification of Conditions to enable the applicant to construct a 10 foot height extension for an existing 140 foot high (above ground level) monopole tower to provide wireless communication services to the Bayside area. The Planning Commission placed this item on the consent agenda because the application meets all co-location goals outlined in the City Zoning Ordinance, is a good example of the results the City's established tower policy seeks to achieve, staff recommended approval and there was no opposition to the request. Recommendations: A motion was passed unanimously by the Planning Commission by a recorded vote of 11-0 to approve this request subject to the following conditions: Conditions from June 9, 1998 Conditional Use Permit' 1. Future joint use for primary and secondary tower users must be accommodated on this tower at reasonable terms. 2. The proposed tower must be designed and constructed in similar fashion as the existing monopole structure, including coloration and lighting of the tower. However, no additional Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Voice Stream Wireless Page 2 strobe lighting shall be permitted without wdtten verification from the FAA that the lighting is required for safety purposes. 3. In the event that the tower is inactive for a pedod of two years, it must be removed at the applicant's expense. The plant species shown on the submitted plan must be changed to a more appropriate plant material to screen the tower compound. It is recommended that the applicant consider Wax Myrtle or Red Tip Photinia. In addition to the landscaping planned around the tower compound, the applicant must also install a planting bed 120 feet in width along the 'entire frontage of the site as it adjoins Lawson Road (except at the two approved entrances). Leyland Cypress trees, 6-8 feet in height at planting, shall be planted 20 feet on center within the bed. 5. No additional uses shall be permitted on the site without reconsideration by City Council. New Conditions: 6. The project shall be developed substantially in keeping with the site plan entitled · "Sprint/Lawson Road #1 VA10355-A" dated 08/30/01 prepared by Lewis White and Associates.. o The applicant shall apply to the Board of Zoning Appeals for a set back variance from Independence Boulevard. If the vadance is not granted, the site plan must be modified to meet the required set back in accordance with the City Zoning Ordinance. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study, (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower user and all subsequent users. In the event interference with any City emergency communications facilities adses from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. VOICE STREAM WIRELESS / # 24 December 12, 2001 General Information: REQUEST: ADDRESS: Modification of Conditions to construct a height extension for an existing communication tower. 1707 Lawson Road Voice Stream Wireless GPIN: ELECTION DISTRICT: SITE SIZE: 1479-14-8293 4 - BAYSIDE 22,500 sq. ft. 1479-14-8293 Laz~on Rd. Planning Commission Agenda ~'~~-~ December 12, 2001 VOICE STREAM WIRELESS / # 24 Page I STAFF PLANNER: PURPOSE: Barbara ~1. Duke To enable the applicant to construct a 10 foot height extension for an existing 140 foot high (above ground level) monopole tower to provide wireless communication services to the Bayside area. Major Issues: · Degree to which the proposal is compatible with surrounding properties. · Degree to which the proposal meets the requirements of the City Zoning Ordinance for communication towers. Land Use, Zoning, and Site Characteristics: .Existin,q Land Use and Zoning There are two existing communications towers on this site and the site is zoned B-2 Community Business District. _Surroundinq Land Use and .Zoning North: South: East: West: · Independence Boulevard and Northampton Boulevard · Commercial businesses along'Independence Blvd / B-2 Community Business District · U.S. Post Office / B-2 Community Business District · Independence Boulevard Planning Commission Agenda December 12, 2001 VOICE STREAM WIRELESS / # 24 Page2 Zonin,q History A 160-foot high monopole communications tower was approved by City Council on this site on June 11, 1996. A second monopole communications tower, 140 feet in height, was approved by City Council on June 9, 1998. .Air Installation Compatible Use Zone (AICUZ) The site is not impacted by any AICUZ zones surrounding NAS Oceana. Natural Resource and Physical Characteristic.~. There are some mature trees along the north and northwestern property line that help to screen the towers from the roadways. Public-Facilities and Services ,Transportation Master Transportation Plan (MTP) / Capital Improvement Program (ClP): There are no improvements scheduled for Independence Boulevard or Northampton Boulevard in the vicinity of this site. .Public Safety Police: Adequate Fire and Adequate Rescue: Comprehensive Plan The Comprehensive Plan Map designates this site as suitable for retail, service, office and other compatible uses serving surrounding neighborhoods and communities. Summary of Proposal Proposal Voicestream Wireless recently acquired an FCC license to operate in the Norfolk and Richmond areas to provide all-digital personal communications services. Planning Commission Agenda December 12, 2001 VOICE STREAM WIRELESS / # 24 Page 3 Voicestream is in the process of identifying and procuring initial launch sites, which will provide the backbone for their services in Virginia Beach. This proposal will allow Voicestream to utilize this site to launch their wireless communication services to the Bayside area. The conditional use permit for the subject tower, owned by Spdnt PCS, was approved by City Council on June 9, 1998 subject to the following conditions: 1. Future joint use for primary and. secondary tower users must be accommodated on this tower at reasonable terms. 2. The proposed tower must be designed and constructed in similar fashion as the existing monopole structure, including coloration and lighting of the tower. However, no additional strobe lighting shall be permitted without written verification from the FAA that the lighting is required 'for safety purposes. 3. In the event that the tower is inactive for a period of two years, it must be removed at the applicant's expense. 4. The plant species shown on the submitted plan must be changed to a more appropriate plant matedal to screen the tower compound. It is recommended that the applicant consider Wax Myrtles or Red Tip Photinas. In addition to the landscaping planned around the tower compound, the applicant must also install a planting bed 120 feet in width along the entire frontage of the site as it adjoins Lawson Road (except at the two approved entrances). Leyland Cypress trees, 6-8 feet in height at planting, shall be planted 20 feet on center within the bed. 5. The project will be developed substantially in keeping with the site plan entitled "Sprint PCS Comprehensive Site Plan, Starling Farm" dated March 23, 1998 and revised Mamh 30, 1998. (The plan must be modified to depict the additional landscaping required by condition #4 above). 6. No additional uses shall be permitted on the site without reconsideration by City Council. Site Desi.qn · There are two existing monopole towers on the site with separate entrances to each from Lawson Road. · The north tower was approved for 160 feet in height, but was only constructed to 150 feet in height. This tower has three users with three equipment shelters at the base. Planning Commission Agenda December 12, 2001 VOICE STREAM WIRELESS / # 24 Page 4 The south tower is the subject of this application, and the applicant is proposing to construct a tower extension of 10 feet, to install the antenna on the extension, and to constructing a 10 foot by 20 foot equipment shelter and platform at the base of the tower. · The equipment shelter will be placed on the west side of the tower and does not meet the required 35 foot set back from Independence Boulevard. The applicant will be required to request a variance for the setback from the Board of Zoning Appeals. · The applicant has shown landscaping as required by the ordinance around the equipment shelter area, · There is an existing stand of mature trees that fully screens the equipment shelter and tower base from view. Conformance with Section 232 · A structural engineering report and a report addressing NIER (nonionizing electromagnetic radiation) requirements have been submitted. The proposal to extend the tower 10 feet will result in this tower being no higher than the existing tower to the north, already at 150 feet; therefore, the height extension will not substantially detract from aesthetics or neighborhood character. Evaluation of Request This request for a 10 foot height extension to an existing communication tower is acceptable subject to the conditions as modified below (revised conditions are in bold print). This application meets all co-location goals outlined in the zoning ordinance and is a good example of the results the City's established tower policy seeks to achieve. Conditions 1. Future joint use for primary and secondary tower users must be accommodated on this tower at reasonable terms. The proposed tower must be designed and constructed in similar fashion as the existing monopole structure, including coloration and lighting of the tower. However, no additional strobe lighting shall be permitted without wdtten verification from the FAA that the lighting is required for safety purposes. Planning Commission Agenda December 12, 2001 VOICE STREAM WIRELESS ! # 24 Page 5 In the event that the tower is inactive for a period of two years, it must be removed at the applicant's expense. The plant species shown on the submitted plan must be changed to a more appropriate plant material to screen the tower compound. It is recommended that the applicant consider Wax Myrtles or Red Tip Photinas. In addition to the landscaping planned around the tower compound, the applicant must also install a planting bed 120 feet in width along the entire frontage of the site as it adjoins Lawson Road (except at the two aPproved entrances). Leyland Cypress trees, 6- 8 feet in height at planting, shall be planted 20 feet on center within the bed. 5. The project shall be developed substantiall in kee in e ' ,, · Y p g with the site plan · nbtled Spnnt/Lawson Road #1 VA10355-A" dated Lewis White and Associates. -- ........ prepared by 6. No additional uses shall be permitted on the site without reconsideration by City Council. 7. The applicant shall apply to the Board of Zoning Appeals for a set back variance from Independence Boulevard. If the variance is not granted, the site plan must be modified to meet the required set back in accordanc~ with the zoning ordinance. 8. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study, (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere With any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower user and all subsequent users. ' 9. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time. the user shall immediately cease operation to the extent necessar to sto~ the interference. Y P Plannin~ Agenda December 12, 2001 VOICE STREAM WIRELESS / # 24 Page 6 IVO lr~.. Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda December 12, 2001 VOICE STREAM WIRELESS ! # 24 Page ? (F) LOT 51 (~PIN: 1479-14-829~ VDH MOl',/. PROPOSED 15'x20' VOICESTREAM LEASE PARCEL PROPOSED 10'x17.5' VOICESTREAM EQUIPMENT PLATFORM MAINTAIN 15' LANDSCAPE BUFFJ GPIN: 141 I I I / EX, 150' TOWER LOT 50 (;PIN: 1479-14-829.3 pin ~ ~ !S, /" ~sou~ ; , ~ ~ ~ 5'-4' eOAD (50' R/W) ' : ~ Ti ~ 5 ~ LOBLO ~T2 2 LEYLAt Planning Commission Agenda ~ December 12, 2001 VOICE STREAM WIRELESS / ~ 24 Page 8 TOWER SCHEMATIC ................ N.T.$. Planning Comrn~s'ssion Agenda December 12, 2001 VOICE STREAM WIRELESS / # 24 Page 9 December 12, 2001 VOICE STREAM WIRELESS ! # 24 Page 10 APPLICATION PAGE 4 OF 4 CONDITIONAL USE PERMIT CITY OF VIRGINIA BEACH Applicant's Name: List All Cttrrent lh'operD' Owners: DISCLOSURE STATEMENT PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: l~ece$$al-y) (~4ttach list if If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: 64ttach list ifnecessa~T) Cheek here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is :tot the cttrrent owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: b4ttach list if necessary) Ifthe applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all mtnnbcrs or partners in the organization below: (Attach list if necessary) Cheek here if the applicant is NOT a corporation, pm'tncrship, Ih'm, or other unincorporated organization. CERTIFICATION: I certify that the information contaitted herein is true and accurate. Signature I Print Name Re*'. 9/15198 7 VoiceStream® Wireless' Fact Sheet F,s~li, lishe d: 1994 Headquarters: Management: 19~ission: Employees: Markets: Covered POPs: Technology' Platform: Bellevue, Weeh., USA John Stanton, Chairman, Director, and Chied Executive Officer Bob Stapletma, President and Dizector Don Guthde, Vice Chairrnan and Director C..regg Baumbaugh, Executive Vice President - Fkumce, Strategy & Development Alan Bender, Executive Vice President, General Counsel, & Sec:reta~ Robert Dotson, Senior Vice President - Marketing Tim Wong, Senior Vice President- Engineering Patri~n Miller, Vice President, Controller, & Principal Accounting Officer <To provide the best value in all-digital personal co__cations _s~m_ ces . 0~C~;)~offering custtrmers the most minutes, the most features, and the most service ~:the beat price_ 2,100 nationwide'" VoiceStream currently offerS'ECS servic~ irt Seattle and Spokane, Wash.; Portland, Ore.; Boise, Idaho; Sa~ .Lacl<. e City, Utah; Phoenix, Artz.; Denver, Colo.; Honolulu, Hawaii; Albuquerc~ue~, N.M.; El Paso, Texaa; Des Moines, Iowa; Ol, l-homa City and Tulsa, Olda.; Wi..~ta, Kan., and Cheyenne, Wyo. VoiceStzeam has acquired licenses to provide ~ce in Dallas, Austin and Norfolk and Richmond. Va.; St. Louis, Mo.; Milwauke~;q~.?., san Global System for Mobile Communications (GSlVl), the international standard for digital wireless cmnmunications. Item #24 Voice Stream Wireless Conditional Use Permit 1707 Lawson Road District 4 Bayside December 12,2001 CONSENT AGENDA Cheryl Avery Hargrove: We move to item #24 which is not our last but Voice Stream Wireless conditional use permit for communications tower extension. It is '.m District 4, Bayside district. Bill Gambrel: Thank you. Members of the Commission, Bill Gambrel representing the applicant. The conditions are all acceptable. Cheryl Avery Hargrove: It is always good to see you Mr. Gambrel. Is there any opposition to this consent agenda item? There being none. Mr. Chairman I would like to move for approval of #10 with the conditions as read, #12, #13, #14, #15 and #24 for approval for consent agenda items. Charlie Salle" Motion by Cheryl Avery Hargrove... Cheryl Avery Hargrove: I believe I left off#9. Robert Miller: But nine is... Cheryl Avery Hargrove: Oh, that is right. Thank you very much. Charlie Salle: Seconded by Dot Wood to approve the consent agenda. AYEll NAY0 ABS0 ABSENT0 ATKINSON AYE AVERY-HARGROVE AYE BAUM AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE Charlie Salle': By a vote of 11 to 0 you have approved the consent agenda M~ ~-9 Beth Sholom Terrace ~'Io~ No'c 'Co ~cole Crpin 1456-11-5266 ZONING HISTORY 1. Rezoning from B-2 Commercial Business to Conditional A-24 Apartment, Approved 1-9-96. 2. Conditional Use Permit (Housing for the Elderly), Approved 3-9-81. 3. Conditional Use Permit (200 bed Nursing Home), Approved 10-18-76 Conditional Use Permit (assisted living facility), Approved 3-9-99 Modification of Conditions, Approved 12-7-99 Item FI-g.I. - 37- PLANNING ITEM#46019 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the application of BETH SHOLOM TERRA C£ for the Modification of Condition No. 1 placed on the March 9, 1999, approved application for a Conditional Use Permit to increase the number of units for an assisted li~ing facility at 6401 Auburn Drive (CENTER VIZJ~ - DISTRICT 1) The following conditions shall be required: The Conditional Use Permit approval as modified, shall allow the development of an assisted hYing facility consisting of up to 72 beds and shall substantially adhere to the preliminary site plan dated December 1998, on file in the Department of Planning Office. The building materials and colors for the assisted living structure shall substantially adhere to the colored rendering entitled, "Beth Sholom Home of Eastern Virginia, Ballow Justice Upton Architects '; dated January 15, 1999, on file with the Planning Department. Landscaping shall substantially adhere to the preliminary landscape plan entitled, "Beth Sholom Home of Eastern VA., Design: Edward G. Carson, ASL,4, "dated January 18, 1999. The location and design of all proposed exterior signs must be submitted to and approved by the Director of Planning prior to ' the submission of the signs for City permit approvals. Any free standing signs shall be monument style with colors and building materials in keeping with the architecture of the site. An automatic sprinkler system and an automatic fire alarm system approved by the Office of Fire/Plans Review and the City Fire Protection Engineer shall be installed. Such systems shall comply with NFPA 13R and NFP.4 13. Voting: 10-0 (By Consent) Council Members Voting.4ye: Linwood O. Branch, 11I, Margaret L. Eure, William IK. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy tE Parker, Vice Mayor W'dliam D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Louis R. Jones December 7, I999 Item - 28 - PUBLIC HEARING PLANNING ITEM # 44739 Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council ADOPTED the Ordinance upon application of BETH SHOLOM TERRACE for a Conditional Use Permit: ORDINANCE UPON APPIZCA TION OF BETH SHOLOM IHRRA CE FOR A CONDITIONAL USE PERMITFOR ANASSISTED LIVING FACILITY R03992257 BE IT HEREBY ORDJ. INED BY THE COUNCiL OF TIlE CITY OF F1RG1NL4 BE~CI-I, VIRGINIA Ordinance upon application ofBeth Sholom Terrace for a Conditional Use Permit for an assisted living facility at the Southwest intersection of Auburn Drive and College Park Boulevard. Said parcel is located at 6401 Auburn Drive and contains 6.131 acres (CENTERFILLE - DISTRICT 1). The following conditions shall be required: The Conditional Use Permit approval shall allow the development of an assisted living facility consisting of 68 beds and shah substantially adhere to the preHminary site plan, dated December 1998, on file in the Department of Planning office. The building materials and colors for the assisted living structure shah substantially adhere to the colored rendering entitled, "Beth Sholom Home of Eastern Virginia, BalIow Justice Upton Architects, "dated January 15, 1999, on file with the Planning Department. Landscaping shah substantially adhere to thepreliminary landscape plan entitled, "Beth Sholom Home of Eastern V.4., Design: Edward G. Carson, ASLA, "DATED January 18, 1999. The location and design of aH proposed exterior signs must be submitted to and approved by the Director of Planning prior to the submission of the signs for City permit approvals. Any free standing signs shall be monument style with colors and building materials in keeping with the architecture of the site. An automatic sprinkler system and an automatic fire alarm system approved by the Office of Fire/Plan Review and the City Fire Protection Engineering shah be installed. Such systems shall comply with NFPA 13R and NFPA 13. This Ordinance shah be effective in accordance with Section 107 (J) of the Zoning ordinance. Adopted by the Council of the Ci'ty of Virginia Beach, Virginia, on the Ninth of Marci~ Nineteen Hundred and NineS-Nine March 9, 1999 Item I/1-1.4. - 29 - PUBLIC HEARING PLANNING ITEM # 4475~ (Continued} Vo~.'ng: 9-0 (By Consen0 Council Members Voting ~,lye: Margaret L. Eure, ;Villiam W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndor~, Nancy K. Parker and,4. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor FYilliam D. Sessoms, Jr. and Linwood O. Branch, HI March 9, 1999 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager. Beth Sholom Terrace, Modification of Conditions MEETING DATE: January 8, 2002 Background: An Ordinance upon Application of Beth Sholom Terrace fora modification of conditions placed on the application for a conditional use permit for housing for the elderly, approved by City Council on March 9, 1999 and modified on December 7, 1999. Property is located at 1100 College Park Boulevard and contains 6.131 acres (GPIN #1456-111-5266). DISTRICT 1 - CENTERVILLE. Considerations: The applicant is requesting to modify the condition regarding the number of units by adding 8 beds to a proposed 72-unit assisted living facility. The number of units will not increase. The request is to allow 8 of the rooms to have a second bed for a family member, friend, or caretaker to stay with a resident of the facility. The Planning Commission placed this item on the consent agenda because the modification results in no change to the approved development other than the addition of eight beds, staff recommended approval and there was no opposition to the request. Recommendations: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to approve this request subject to the following conditions: All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on March 9, 1999 and as modified by City Council on December 7, 1999 remain in affect. Condition Number 1 of the December 7, 1999 modified Conditional Use Permit is deleted and replaced with the following: Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De, p~artment/A~ency: Planning City Manager:~/~ ' ~t{ry'~ Department~J/ Beth Sholom Terrace Page 2 The Conditional Use Permit approved as modified, shall allow the development of an assisted living facility consisting of 80 beds within 72 units and shall substantially adhere to the preliminary site plan, dated December 1998, on file in the Department of Planning office. BETH SHOLOM TERRACE / # 14 December 12, 2001 General Information: REQUEST: Modification of Conditions regarding approved number of units placed on a conditional use permit for Assisted Living Care Senior Housing Facility on March 9, 1999, and as modified on December 7, 1999. ADDRESS: 1100 College Park Boulevard Beth Sholorn Terrace GPIN: ELECTION DISTRICT: SITE SIZE: #1456-11-5266 1 - CENTERVILLE 6.131 acres C~& 1456-11-5266 Planning Commission Agenda December 12, 2001 BETH SHOLOM TERRACE/# 14 Page I STAFF PI' ANNER: PURPOSE: Robert Davis To mOdify the condition fOr regarding number of beds. Major Issues: Impact of adding 8 beds to a proposed 72-bed facility. APPLICATION HISTORY AND DISCUSSION The Beth Sholom Home of Eastern Virginia, is the owner/operator of a 120-unit nursing home and the managing agent of the Beth Sholom Sands, a 119-unit, Section 202/8 independent living facility. Both facilities are located next to each other. The nursing home and the proposed assisted care facility will share the same site. On March 9, 1999, the City Council approved the conditional use permit application of Beth Sholom Terrace for the construction of an assisted living facility, connected to the existing nursing home. City Council's approval was for 68 one-bedroom units. Later that year, on December 7, 1999, the applicant requested and was granted by City Council a modification to Condition #1 that limited the number of units to 68 beds. The number of allowed beds / units (since each unit was one-bed) was increased from 68 to 72 one-bedroom units through that modification. Summary of Proposal Proposal · The Conditional Use Permit permitting the assisted living facility application of Beth Sholom Terrace was approved by the City Council on March 9, 1999. · This Conditional Use Permit was modified on December 7, 1999 to increase the number of allowed beds from 68 to 72. The Conditional Use Permit has 5 conditions: 1. The Conditional Use Permit approval as modified, shall allow the development of an assisted living facility consisting of 72 beds and Planning Commission Agenda December 12, 2001 BETH SHOLOM TERRACE / # 14 Page 2 shall substantially adhere to the preliminary site plan, dated December, 1998, on file in the Department of Planning office. The building materials and colors for the assisted living structure shall substantially adhere to the colored rendering entitled, "Beth Sholom Home of Eastern Virginia, Ballow Justice Upton Architects, "dated January 15, 1999 on file with the Planning Department. Landscaping shall substantially adhere to the preliminary landscape plan entitled, "Beth Sholom Home of Eastem VA., Design: Edward G. Carson, ASLA," dated January 18, 1999. The location and design of all proposed extedor signs must be submitted to and approved by the Director of Planning prior to the submission of the signs for City permit approvals. Any freestanding signs shall be monument style with colors and building materials in keeping with the architecture of the site. An automatic sprinkler system and an automatic fire alarm system approved by the Office of Fire/Plans Review and the City Fire Protection Engineer shall be installed. Such systems shall comply with NFPA 13R and NFPA 13. Condition 1 sets the number of beds allowed for the proposed facility. The applicant desires to have 8 rooms with two beds, noting in the "Description of Request" submitted with the application for the current modification that: 'q'here is a need for a limited number of rooms that would allow a husband or wife, a sibling or a paid companion to sleep in the same room with the primary resident. This would provide additional comfort and security to the primary resident, and the fee attributable to the second resident would enhance the project's finances." The increase of eight (8) beds will not alter any of the other conditions, footprint of the building, or exterior appearance of the facility. The dwelling unit density of the combined complex (existing nursing facility and the proposed assisted care facility) will not change (31.3 units per acre). However, the "bed" density will change from 31.3 beds per acre to 32.62 beds per acre (30.6 originally). The request to add eight (8) beds would require 80 parking spaces for both facilities. Since the applicant is providing 78 spaces, there will be a deficit of 2 spaces. However, the City Zoning Ordinance specifies that this requirement may be modified by City Council when it is found that special conditions warrant such a modification. Planning Commission Agenda December 12, 2001 BETH SHOLOM TERRACE / # 14 Page.3 Evaluation of Request This request for a second modification to Condition #1 of the conditional use permit approved as modified by the City Council, on December 7, 1999, is acceptable. The modification results in no change to the approved development other than the addition of eight beds. No extedor changes to the building and no changes to the site plan are proposed in order to accommodate the additional beds. Conditions All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on March 9, 1999 and as modified by City Council on December 7, 1999 remain in affect. Condition Number I of the December 7, 1999 modified Conditional Use Permit is deleted and replaced with the following: The Conditional Use Permit approval as modified, shall allow the development of an assisted living facility consisting of 80 beds within 72 units and shall substantially adhere to the preliminary site plan, dated December, 1998, on file in the Department of Planning office. NOTE: Further conditions may be required during the. administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet ali applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda December 12, 2001 BETH SHOLOM TERRACE / # 14 Page 4 J .[ AS APPROVED BY CITY COUNCIL ON DECEMBER 7, 1999 Planning Commission Agenda December 12, 2001 BETH SHOLOM TERRACE / # 14 Page 5 z il ! l' ! ! ! /' ! /' / AS APPROVED BY CITY COUNCIL ON DECEMBER 7, 1999 Planning Commission Agenda December 12, 2001 BETH SHOLOM TERRACE ! # 14 Page 6 AS APPROVED BY CITY COUNCIL ON DECEMBER 7, 1999-~ Planning Commission Agenda ~'~ December 12, 2001 BETH SHOLOM TERRACE ! # 14 ~ Page 7 Planning Commission Agenda December 12, 2001 BETH SHOLOM TERRACE ! # 14 Page8 Item #14 Beth Sholom Terrace Modification on Conditional Use Permit 1100 College Park Boulevard District 1 Centerville December 12, 2001 CONSENT AGENDA Cheryl Avery Hargrove: We move onto the next consent agenda item, number 14. Beth Sholom Terrace. It is a modification of conditions placed on an application for conditional use permit for housing for the elderly in District 1, Centerville. William Nusbaum: My name is William L. Nusbaum with Hofheimer and Nusbaum. We are counsel to Beth Sholom Terrace. The applicant has reviewed the conditions - the modifications to the conditions rather and they are acceptable. Cheryl Avery Hargrove: Thank you Mr. Nusbaum. Is there any opposition to this consent agenda item. There being none. Mr. Chairman I would like to move for approval of#10 with the conditions as read, #12, #13, #14, #15 and #24 for approval for consent agenda items. Charlie Salle': Motion by Cheryl Avery Hargrove... Cheryl Avery Hargrove: I believe I left off Robert Miller: But nine is... Cheryl Avery Hargrove: Oh, that is right. Thank you very much. Charlie Salle: Seconded by Dot Wood to approve the consent agenda. AYE 11 NAY0 ABS0 ABSENT0 ATKINSON AYE AVERY-HARGROVE AYE BAUM AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE Charlie Salle': By a vote of 11 to 0 you have approved the consent agenda DISCLOSU~ STATEMENT Applicant's Name: B~ ~0~ ~~ List ~1Cu~ent ~ope~ O~e~: B~ ~ H~ OF ~~ PROPERTY O~R DISCLOSU~ If~e prop~ o~er is a CO.OPTION, list all o~ce~ of~e Co.ration ~low: (~ttaah list ~necessa~) ~ R. Slope - ~es~t B~ R. ~h" - ~tive Vice ~ ~ ~t~ - S~re~ lf~e p~pe~ o~er is a PAR~E~P, ~, or o~er UNINCO~O~TED ORG~I~TION, list all m~ or p~e~ in ~e o~ion ~low: (A~ch l~t ~nec~a~) ~ Check here if~e p~pe~ owner is NOT a co. ration, p~e~hip, fi~, or o~er unineo~omted or~tion. If the applicant ~ not the current owner of the prope~, comp~te the ~pplicant D~c~sure se~on below: ~PLIC~ DISCLOSURE If the appli~t is a CO--OPTION, li~ all o~ce~ of~e Co~omtion ~low: (~ttach list ~necessa~) B~ R. ~sh = ~e~tive Vice ~i~ut l~~Ti~t~h - Se~etm~ m~b~ or p~em in ~e ~mfion &low: (~ttach l~t ~nec~sa~) ~ ~eck here if~e ~li~t is NOT a co.ration, ~p, fi~, or o~er ~in~mted o~i~tion. CER~CATION: ] ce~ that the in~rmation contained here~ ~ tree and accur~ Si~a~ -' ~ R. ~h Print N~e R~. 9/15~8 Item V-K.$. - 34- PLdNNING ITEM # 49118 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council DEFERRED TO CITY COUNCIL SESSION OF JANUARY 8, 2002, Ordinance upon application of FRANK DOCZI for a .Conditional Use Permit for a riding academy and boarding horses: ORDINdNCE UPON APPZICATION CONDITIONAL USE PERMIT FOR BOAP, DING HORSES OF FRANK DOCZI FOR A RIDING ACdDEMY AND BE IT HEREBy ORD. dlN~ BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Frank Doczi for a ,Conditional Use Permit for a riding academy and boarding horses at the southwest intersection of Pleasant Ridge Road and Charity Neck Road (GPIN #2411_58_8925). Said parcel is located at 1613 Pleasant Ridge Road and contains 20.2 acres. DISTRICT 7 - PRINCESS ANNE. Voting: 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, IH, Margaret L. Eure, William W. Harrison, Jr., Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: Barbara M. Henley Council Members Absent: Vice Mayor William D. Sessoms, Jr. Council Lady Henley DISCLOSED and ABSTAINED, Pursuant to Section 2.2-3114(E), Code of Virginia on Item K. 5. (DOCZI) that she is a partial owner of property located adjacent to the applicant at 1613 Pleasant Ridge Road. The City Attorney has advised her that she is required to disclose her personal interest as it meets the criteria of a personal interest in the transaction under the Conflict of lnterests Act, ~, that she is disqualified from participation in this transaction. Council Lady Henley's letter of December 2001, is hereby made apart of the record. December 18, 2001 Virginia Beach City Council December 18, 2001 3:00 p.m. CITY COUNCIL: Meyera E. Oberndorf, Mayor W. D. Sessoms, Jr., Vice Mayor Linwood O. Branch, III Margaret L. Eure =William W. Harrison, Jr. Barbara M. Henley Louis R. Jones Robert C. Mandigo Reba S. McClanan Nancy K. Parker Rosemary Wilson At Large At Large District 6 - Beach District 1 - Centerville District 5 - Lynnhaven District 7 - Princess Anne District 4 - Bayside District 2 - Kempsville District 3 - Rose Hall At Large At Large CITY MANAGER: CITY ATTORNEY: CITY C?:~.RK: STENOGRAPHIC REPORTER: James K. Spore Leslie L. Lilley Ruth Hodges Smith, CMC/AAE Dawne Franklin Meads VERBATIM A~end~ Review Discussion of the PlanningApplication of Frank Doczi MAYOR OBERNDORF: Frank Doczi will be deferred until January 8th. The Applicant knows I assume? COUNCIL LADY HENLEY: Yes. MAYOR OBERNDORF: Okay. Good, so we don't have. to pull that. That's consent. Map L-16 Hold Not to Scole Al AG-I A~ '2 AG-2 2411-58-8925 Frank Doczi ARp ~RP ~RP,~RP ARp ,~RP ~,RP "'RP ~,RP '~ ,~RpA ~P ARP ,~ ~ ARP ARP ~,RP RPARPARPA~ ~RP ARP ARP A RPARPARPA ~P ARP Afl P ARP AR D ARP ARP ARP ARP AR ZONING HISTORY 1. Conditional Use Permit (home boarding) Approved 4-23-90 2. Conditional Use Permit (single family dwellings) Approved 1-26-93 Subdivision Variance Approved 1-26-93 3. Conditional Use Permit (home occupation - small engine repair) Approved 6-28- 94 4. Conditional Use Permit (two single family dwellings) Approved 11-10-92 Conditional Use Permit (single family dwellings) Approved 4-26-82 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Frank Doczi, Conditional Use Permit MEETING DATE: January 8, 2002 Background: An Ordinance upon Application of Frank Doczi for a Conditional Use Permit for a tiding academy and boarding horses at the southwest intersection of Pleasant Ridge Road and Charity Neck Road (GPIN #2411-58-8925). Said parcel is located at 1613 Pleasant Ridge Road and contains 20.2 acres. DISTRICT 7 - PRINCESS ANNE. This request was deferred at the December 18, 2001 hearing at the request of Councilperson Sessoms to allow the applicant time to work with staff on traffic issues. Staff is working with the applicant and the issues should be addressed by the time of the January 8 City Council meeting. Considerations: The applicant is requesting a conditional use permit to develop a horse boarding facility and riding academy. During the Planning Commission public headng, public comments were received regarding the potential traffic hazard of the roadway configuration at this intersection and permitted speed on the roads. The Planning Commission requested that Public Works / Traffic Engineering Division study this intersection and report the findings to the City Council with this conditional use permit request. The Traffic Engineering Division studied the intersection and provided their comments to the Planning Department. Those comments are attached. Recommendations: A motion was passed by the Planning Commission by a recorded vote of 10 for the motion with I abstention to approve this request subject to the following conditions: 1. No more than 21 horses shall be permitted to board on the site. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting D,ep, a ~_..ment/Age ncy: City Managel~~ ~_._, Planning Department~/~/ Frank Doczi Page 2 2. All buildings housing animals and all corrals in which animalS are kept or assembled in concentrated groups shall be at least one hundred feet from any property line. o Buildings shall be constructed as shown on the elevations entitled, "Elevations for 1613 Pleasant Ridge Road, Virginia Beach, VA" by MSA, P.C. which have been exhibited to City Council and are on file with the Planning Department. The fence along the street frontage shall be a four foot high white tri-rail vinyl fence. The fence shall be set back at the intersection of Chadty Neck Road and Pleasant Ridge Road to insure an adequate visibility triangle as described in Section 201(f) of the City Zoning Ordinance. The freestanding sign shall be monument style and no taller than eight feet. Access roads shall be constructed to accommodate both the size and weight of emergency vehicle apparatus. Road surfaces shall be capable of supporting an imposed load of 75,000 pounds. Adequate tuming radii and turnaround space shall be provided for emergency vehicle ingress and egress to all structures on the property. 7. On-site parking shall be provided for 18 vehicles. 8. Health Department approval of the septic system shall be required before construction of any facilities or boarding of horses. 9. Hours of operation for outdoor horse shows shall be limited to 7:00 am to 9:00 pm. 10.Members of the public shall not be permitted to rent or hire the horses on-site. 11 .No outdoor speakers or paging systems shall be permitted. Stephen White - Re: R ....... '" .... ~; ....................... -- oad cond~t, ons/tra~,~c safety at Pleasant Ridge Rd/Charity Neck Rd in, tersection ..... From: Mike Shahsiah To: Moss, Ashby; White, Stephen Date: 11/29/2001 9:20AM Subject: Re: Road conditions/traffic safety at Pleasant Ridge Rd/Charity Neck Rd intersection Our staff have looked at this location and issued a work order to install stop bars on Charity Neck Road at Pleasant Ridge Road. This will help better channelize the intersection and designate the point where is safe to stop with adequate sight distance at the intersection. We investigated the request for the installation of a "STOP' sign on Pleasant Ridge Road at its northern intersection with Chadty Neck Road and do not recommend this installation. Pleasant Ridge Road carries more traffic and is considered the main street. It is our policy to stop the minor street which is Chadty Neck Road at the major street which is Pleasant Ridge Road at this location. Concerning the speed limit on Pleasant Ridge Road, we reviewed Our records and determined the posted speed limit of 45 mph along Pleasant Ridge Road is accurate. Please see the attached ranking list of roadways in the Rural Roads which are programmed for the installation of pavement markings and raised markers. This include Pleasant Ridge Road and Charity Neck Road which are ranked #11 and #12 based on the accident history and traffic volume. We expect to complete the work on these roadways by June 2002. Please advise if you have any questions or desire additional information. Mike >>> Phil Marley 11/15/01 03:46PM >>> The items that residents asked about (Stop sign and Speed Limit sign) are Safety items and are not related to this (Horse boarding stables) development. The development is designed properly. Anyway, I'm am forwarding your request to our Traffic Safety staff for review and comment. I will make the plans available to them for this review. >>> Ashby Moss 11/15/01 10:42AM >>> Planning Commission met yesterday and discussed the Frank Doczi conditional use permit application for a horse boarding facility and riding academy at the southwest corner of Pleasant Ridge Road and Charity Neck Road. At the hearing, members of the Planning Commission and residents of the arua expressed concerns about traffic safety in the area of the Pleasant Ridge Rd/Charity Neck Rd intersection. A suggestion was made by one of the Planning Commissioners to add a stop sign for westbound traffic on Pleasant Ridge Rd at the westemmost intersection where the northern part of Charity Neck intersects Pleasant Ridge. One of the neighbors also mentioned that the speed limit signs say 45 but the speed limit should actually be 35. These were supposed to have been replaced, but never were. I also talked to Bdan Proctor who said they're working on putting edge lines and reflectors on many country roads, but that might take a year to complete all of the roads. We would like you to research this so we can report back to City Council when this application is heard in December. Please send a memo to me or Stephen White by December 6 so that we can include your findings in the agenda request form. If you have any questions or need additional information, please call me at x8573 or Stephen White at x8610 or email either of us. Thanks for your help. CC: Gey, Bob; Hickman, Frank; Marley, Phil Rural Road Pavement Markers Program-- Phase IV July 1, 2001 to July 1, 2002 Princess Anne Rd. from Pungo Ferry Rd. to Indian River Rd. Indian River Road from North Landing to West Neck Road Indian River Road from West Neck Road to Princess Anne Landstown Road from Dam Neck to Salem Road Blackwater Road from Pungo Ferry Road to Chesapeake Line Indian Creek from Blackwater Rd. to Chesapeake Line Head River Rd. from Blackwater Rd. to Chesapeake Line N. Muddy Creek from Indian River Rd. to Princess Anne Rd. N. Muddy Creek from Pleasant Ridge to Charity Neck Nanney Creek from Muddy Creek to Mill Landing West Landing from West Neck Rd. to End Pleasant Ridge from Princess Anne Rd. to Muddy Creek Charity Neck Rd. from Gum Bridge to Nanney Creek Old Carolina Rd. from Blackwater Rd. to Chesapeake Line Muddy Creek from Gum Bridge to Pleasant Ridge Muddy Creek from Gum Bridge to Nanney Creek Flanagans Road from Sandbridge to Princess Anne Road West Gibbs Rd. from Blackwater Rd. to Crags CSWY Work completed Ranking (#1) Ranking (~2) Rankin (#3) Rankin (#5) Ranking (#6) Ranking (#7) Ranking (#8) Rank~g (~) Ranking (#10) Ranking (#11) Ranking Ranking (#I3) .Ranking (#14) Ranking (#15) Ranking (#16) Ranking (#17) FRANK DOCZl ! # 11 November 14, 2001 General Information: REQUEST: ADDRESS: Conditional Use Permit for adding academy and horse boarding 1613 Pleasant Ridge Road (southwest intersection of Pleasant Ridge Road and Charity Neck Road) Ma~ ~-,6 Fra k D i GPIN: ELECTION DISTRICT: SITE SIZE: AG-I 2411-58-8925 7- PRINCESS ANNE 20.2 acres Gpin 2411-58-8925 Planning Commission Agenda November 14, 2001 FRANK DOCZl ! # 11 Page1 STAFF PLANNER: Ashby Moss PURPOSE: To develop a horse boarding facility and riding academy. Major Issues: Compatibility of proposed use with surrounding rural and agricultural land uses. Land Use, Zoning, and Site Characteristics: Existin,q Land Use and Zonin.q The property is currently an agricultural field and contains no structures. The zoning is AG-1 and AG-2 Agricultural Districts. Surroundin,q Land Use and Zoninq NoAh: South: East: West: · Across Pleasant Ridge Road, home boarding facility (Breckenridge Manor) /AG-1 and AG-2 Agricultural Districts · Agricultural fields / AG-1 and AG-2 Agricultural Districts · Across Charity Neck Road, single-family dwellings / AG-1 and AG-2 Agricultural Districts · Agricultural fields / AG-1 and AG-2 Agricultural Districts Planning Commission Agenda November 14, 2001 FRANK DOCZl / # 11 Page 2 Zoni, n.q History A conditional use permit for home boarding was approved on the 79 acre property northeast of the subject site (at the northeast comer of Charity Neck Road and Pleasant Ridge Road) in 1990. This facility was approved for 75 boarding homes or three per acre of enclosed grazing land, whichever is less. This property is included in the Agricultural Reserve Program. A conditional use permit for single-family dwellings was approved east of the subject site across Charity Neck Road in 1993. Other conditional use permits for single-family dwellings were approved in 1982 and 1992 on property southwest of the subject site. , Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of less than 65dB Ldn surrounding NAS Oceana and NALF Fentress. Natural Resource and Physical Characteristics Most of the subject property is located within the 100 year floodplain. Restrictions on filling in the floodplain do not apply since the proposed use is considered agricultural. Soils on the property are poorly drained and hydric. The only trees on the property am on the far northwestem comer. Approximately 26 acres of this property have been actively cultivated in the past. Although this acreage will no longer be actively cultivated, the land will remain in agricultural use and be rural in character. Public Facilities and Services Water and Sewer There is no City water or sanitary sewer available to the property. approval is required for private well(s) and septic system(s). Health Department Transportation Master Transportation Plan (MTP)/Capital Improvement Program (CIP): Charity Neck Road and Pleasant Ridge Road in the vicinity of this application are two lane rural roads. Their current volume is estimated to be well under their capacity at less than 1,000 vehicles per day. Neither road is listed in the MTP, and no further improvements are scheduled for either of these roads in the current adopted ClP. Planning Commission Agenda November 14, 2001 FRANK DOCZl / # 11 Page 3 Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Pleasant Ridge Road Not 7,400ADT ~ Existing Land Use 2_ 0 ADT available Not 7,400ADT ~ Proposed Land Use 3_ 267 ADT Charity Neck Road available Average Daily Trips property currently undeveloped; additional information required to determine development potential based on general AG-I& AG-2 Zoning The configuration of intersections where Charity Neck Road meets Pleasant Ridge Road in this area is awkward and potentially dangerous if adequate visibility triangles are not left at each intersection as improvements, such as fences and landscaping, are installed on the properties in the area. Public Safety Police: Fire and Rescue: Adequate - No further comments. Adequate -The Fire Department has recommended a condition ensudng that access roads are designed to accommodate the size and weight of fire department apparatus. Comprehensive Plan The Comprehensive Plan recommends farming, forestry, rural residential, and other rurally compatible land uses for this property. The Plan also lists five Rural Planning Objectives for the Pungo/Blackwater Planning Area. The proposed riding academy and horse boarding facility is consistent with these objectives as it is an agricultural land use that will preserve the rural character of this area. Summary of Proposal Proposal · The applicant proposes to construct a tiding academy and horse boarding facility with a 21-stall stable, an equipment storage building, an outdoor riding Planning Commission Agenda ~..i~ November 14, 2001 .~,~Y~_~.~ FRANK DOCZI / # 11~7 Page 4 ring, and fenced pastures and paddocks. The facility will be used primarily for breeding and raising homes and for dder instruction. Very few home shows, if any, will take place on the property. The horses will not be available for rent by the public. Site Desi,qn The riding academy and horse boarding facility is proposed on 20.2 acres of a 25.9 acre site. The remaining 5.7 acres will be subdivided out for a residential property. The two proposed buildings, parking ama, and outdoor riding ring are located at the center of the property and are surrounded by proposed fenced pasture and paddock areas. The stable and equipment storage building are each rectangular in shape and approximately 6,600 to 7,000 square feet in size. Vehicular and Pedestrian Acces.~ · The site's primary access is from two access points on Pleasant Ridge Road. A secondary access point is shown on Charity Neck Road. · An access road leads from the access points to the intedor of the site where the buildings and parking lot are located. Architectural Desiqn Both the proposed stable and equipment storage buildings are long, rectangular metal buildings with pitched metal roofs. The buildings are off- white in color with dark green colored roofs and trim. The bottom quarter of the building (wainscot) is also dark green to match the roof and trim. Accents are included on both buildings to add architectural interest. Three cupolas are shown on the stable, and two are shown on the equipment storage building. Bam doom provide entry to the stable on either end (north and south). The stable also has a series of openings on the exterior with Planning Commission Agenda November 14, 2001 FRANK DOCZl ! # 11 Page 5 doors that can be closed or opened for ventilation to the stalls. The doors have a cross pattern reminiscent of a typical barn or stable door. An extension on the east side of the stable provides a projected entryway. This section als° has a pitched gable roof. The door on this entryway features an arched window above it and a window on either side. Landscape and Open Space Desi.qn Three separate pasture areas (approximately 1.5 acres, 1.1 acres, and 1.5 acres) are shown north of the buildings, parking, and riding ring, and two larger pasture areas (approximately 4.4 acres and 4.0 acres) are shown south of these structures. Three smaller paddock areas (approximately one-half acre each) are shown just east of the proposed subdivision line and west of the buildings. Paddock areas are different from pasture areas in that they are intended to provide a separate grazing area for a lone home or pair of homes. These areas.will not be used to contain several homes at one time. · Each of the pasture and paddock areas will be enclosed with a four foot high white vinyl tH-rail fence. Evaluation of Request The applicant's request for a home boarding facility and riding academy is acceptable. The proposed use is agricultural in nature and is consistent with the existing and recommended land uses for this area. The proposed improvements will create an attractive facility that will add to and enhance the rural character of the area. Therefore, this request is recommended for approval, subject to the conditions listed below. Conditions 1. No more than 21 horses shall be permitted to board on the site. o All buildings housing animals and all corrals in which animals are kept or assembled in concentrated groups shall be at least one hundred feet from any property line. Planning Commission Agenda November 14, 2001 FRANK DOCZl / # 11 Page 6 e e 10. 11. Buildings shall be constructed as shown on the elevations entitled, "Elevations for 1613 Pleasant Ridge Road, Virginia Beach, VA" by MSA, P.C. which have been exhibited to City Council and ars on file with the Planning Department. The fence along the street frontage shall be a four foot high white tri-rail vinyl fence. The fence shall be set back at the intersection of Charity Neck Road and Pleasant Ridge Road to insure an adequate visibility triangle as described in Section 201(f) of the City Zoning Ordinance. The freestanding sign shall be monument style and no taller than eight feet. Access roads shall be constructed to accommodate both the size and weight of emergency vehicle apparatus. Road surfaces shall be capable of supporting an imposed load of 75,000 pounds. Adequate tuming radii and turnaround space shall be provided for emergency vehicle ingress and egress to all structures on the property. On-site parking shall be provided for 18 vehicles. Health Department approval of the septic system shall be required before construction of any facilities or boarding of horses. Hours of operation for outdoor horse shows shall be limited to 7:00 am to 9:00 pm. Members of the public shall not be permitted to rent or hire the horses on-site. No outdoor speakers or paging systems shall be permitted. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda ~'-~~ November 14, 2001 FRANK DOCZl / # 11 Page 7 .m Proposed Site Layout Planning Commission Agenda November 14, 2001 FRANK DOCZl ! # 11 Page 8 I.0 Elevations of Stable Planning Commission Agenda November 14, 2001 FRANK DOCZl ! # 11 Page 9 Elevations of Equipment Building Planning Commission Agenda November 14, 2001 FRANK DOCZI ! # 11 Page 10 8' OC /- ~ ~/2" x 5 ~/2' WHITE 'VINYl_ RAIL --5' x 5" WHITE VINYL POST 4' VINYL FENCE DETAIL NTS Planning Commission Agenda November 14, 2001 FRANK DOCZl / # 11 Page 11 Item #11 Frank Doczi Conditional Use Permit for a riding academy 1613 Pleasant Ridge Road District 7 Princess Anne November 14, 2001 CONSENT AGENDA Cheryl Avery-Hat#rove: Moving to consent agenda item #11, Frank Doczi. That is a conditional use for a riding academy and boarding homes in the district 7, Princess Anne. Michael Perry: Good afternoon. For the record my name is Michael Perry.' I am representing the applicant. We have reviewed those conditions and we agree upon those. Cheryl Avery Hargrove: Thank you Mr. Perry. Is there any opposition to this consent agenda item? There is one. Alright it appears that we are dropping this down for its normal heating. REGULAR AGENDA Robert Miller: Next item is item #11 Frank Doczi. Mike Perry: Good afternoon, my name is Mike Perry and I am here representing the applicant. I would like to introduce Tim Cohen who will be the property owner and his wife to be Lisa Boatson, there here today, if I can't answer any questions they will be more than happy to answer them. This was on consent agenda and it was pulled because some of the people had concerns, some of the neighbhors had concems. We have talked to them and let just brief you on what we have talked about. One of the concerns was the accent point that were adding to the site which is right here. What the owner has agreed to do, these are existing trees as you can see they goes all the way down to the end of the property. They have agreed to clear 30 feet back, come all the way down for visibility purposes. The opposition had concern that was a visibility problem pulling out with the trailers and the tracks and the other vehicle at this location. We are aware that the bend in the roads here is a problem but we have the accent point which they have agreed to clear the trees for visibility. Another issue that they had was the lighting. The lighting around the brink, around the riding ring would be about 12 foot high pole with a downward lighting, so those are the two of the concerns that they had. We're here to answer any questions that you may have and also the owners are here. Charlie Salle': Any questions? In opposition Mr. Jim Phelan? Jim Phelan: Good afternoon, my name is Jim Phelan. I'm property owner at 3805 Williamq Ridge Court which is directly across the street from the proposed property. I would like to ~ay that somehow, I was nominated spokesperson. Behind me are all the property owners of all the adjacent property with the exception of one, either across the street from or contiguous around Item #11 Frank Doczi Page 2 the property. We live in Pungo for the aesthetics and to say that we oppose the project is kind of a misnomer, seeing as how it was on the consent docket, I chose to oppose it just to go on record just to point out few issues. And we did meet the proposed owners and they were very cooperative and were more than willing to discuss some of the issues. The primary issue that most of the residents, including one, who went through your Planning Commission and made some very detailed drawings was more an issue of the City, and that has to do with the roads. This is a rural community and based on another application that the City approved back in 1990, which is for another riding stable which happens to be on the northeast comer, coming from Pleasant Ridge, we already have quite a few horse trailers that traverse Pleasant Ridge Road on a number of weekends during the summer because they put on horse shows.-One of my neighbors went out and measured one of the trailers and the wheel width on one of the trailers is 103 inches -- 103 inches across the road is 202 inches. Okay. The road has no curves, road no shoulder, road has ditches and I don't mean to take offense to any one or any gender, but most of those trailers, horse trailers are driven by mothers with their daughters going to horse shows. Now, one of the things in the Planning Commission staff's brief, they did talk about the fact that the intersection of Cherry Neck and Pleasant Ridge is a dangerous intersection and I know that Mr. Baum is very aware because it is a very unique intersection. The way that Cherry Neck Road comes in and then to continue on Cherry Neck Road you have make a left hand turn and then a sharp right hand mm. At that particular intersection, and ff I may be so kind is to come over, this particular intersection is a low point. All of the residents, this is referred to Williams Ridge were high. The other stables are about a half of mile east. Traffic that is coming up is actually going down into this intersection, loses it's this line of sight. Where the proposed entrances is going to be is currently right on a curve, which is also a blind curve. And I concur and I agree with the removal of trees from there to provide a line of sight but I do think the City, especially Traffic Engineering, should take some steps to either reduce the speed limit going through that intersection and put appropriate signage, because the last thing I would hate t° see from my property fight here is a horse trailer coming down this road and not seeing a horse trailer pulling out and not being able to stop in top. That would be a travesty. That, in essence, is the objection. We actually concur with the land use. We actually do have a concern with aesthetics, lighting and loud speaker or paging systems. There is no mention of neither in the application and we would like very much so to see some contingent or some condition, either limiting the use of or eliminating the use of, but other than that, it's mainly an issue of traffic okay. Thank you. Any questions? John Baum: Do you have any other opposition with you? Jim Phelan: As far as opposition, everybody from the neighborhood all concur as we all kind of put our input in. Like I said, we love to see it stay farmland and trees but agriculture is agricul/ure and the use and riding stables and whatever, is hand and foot with the area. It's just the traffic, it's the location of it and it's just, I don't want to see the City of Virginia Beach and I know, once again based on traffic flows, you will have to be there on a Saturday morning and hem #11 Frank Doczi Page 3 just watch the caravan of trailers going up that rOad to fully understand all it Will take as one trailer coming out of this new site and another one coming down and you don't see and you just don't pull out very quickly when your drawing a horse trailer and you can't stop that quickly when you pulling one. And these are big. So of them have six or seven horses in them, so... Charlie Salle'- Don, you had a question: Donald Horsley: Is there a stop sign where Pleasant Ridge Road comes out there to Charity Neck? Where it is corning up from the south here? Jim Phelan: There's a stop sign right here and there's a stop sign right here. This is a straight -- thoroughfare. Donald Horsley: Alright, if we put one.., if we ask to have put one put at the other comer there, wouldn't that slow things up. The trailers are going to get up to so much speed before they get around that curve. Wouldn't that help alleviate your problem? Jim Phelan: You may try to put on there sir, but they don't stop at this one. Donald Horsley: I live in the country too. Jim Phelan: They don't stop at that one. And of interest, that particular comer just in the past year has had a school bus in the ditch and countless automobiles. It happens to be and unfortunately, this particular comer, even though this is pasture land, the grass in this particular area only gets cut once a year as your probably aware. So during the summer when the grass is up high and you're coming down here, we get to watch the squeal of brakes frOm cars will start to come out and here comes somebody or they will pull out here and here comes somebody over the ridge. Donald Horsley: Maybe Traffic Engineering can look at this and do something about this with stop signs and speed limit changes, put Mickey Goss down there and let him give a few tickets for running the stop lights, well maybe that will help take care of it: Jim Phelan: We have one stoplight in Pungo and that is enough. We like to keep it like that. Donald Horsley: We do have problems with roads in rural areas. No doubt about it. We've got deep ditches and no shoulders but this a situation we have to live with. You're talking about width of trailers. We have larger farm equipment that goes down these road that is wider than the road is. Jim Phelan: I understand that at the particular intersection in order for a combine to get around Item #11 Frank Doczi Page 4 that intersection, they actually have to have pickup truck escort and go all the way up to Mr. Palmer's house. Donald Horsley: How well I know. Jim Phelan: But once again... Donald Horsley: Not here, but other places. Jim Phelan: But once again the issues of the aesthetics and we just want to-be assured that from the perspective of a homeowner, we live out there, we enjoy it, we think the land use is wonderful from the perspective of a horse, riding stable and I've met the owners and they seem to be very nice people and seem to have our concerns, but I've lived in Virginia Beach for 30 years been before the Council then for Planning Commission and less its put in writing, black and white, hand shake, it gets forgotten sometimes when you leave the door. ~ Donald Horsley: Maybe Mr. Scott, we can get Traffic to look at that. It will probably irritate some people, but stop signs and speed limit changes will... Jim Phelan: There is no road signs out there sir and the speed limit right now if you were to come down the road would say 45 mph and I will tell, I dare you to do 45 with a horse trailer. · Robert Scott: I am sure that is a legitimate point. We can get boats and trailers or trailers with boats in and out of foot of the Lesner Bridge, we can figure a way to get this done and I think we can and we get our traffic people to look at it. Jim Phelan: I appreciate it. Charlie Salle': John did you have a question? John Baum: At the informal session I noted a comment that soils a well drained and non hydrant and ask the staff to find a morbid subject. They consulted the Agricultural Department but they made a serious error and it's easy to do and I assume they didn't put the plat on top of the soil map correct, but the soils are poorly drain-and hydric not the other way around and the I am not sure that is not a good reason to oppose it or not, being raised on a farm we only had one or two horses or mules but, the one on the ridge is good soil and I guarantee you ought to have horses on sandy soil if you want many of them because we use to a lot of trouble, the ag-year was changing to suburban, but people have had animals next to the fence and it was wet and smelly, flies and ali the rest of it, so if they get in too many horses on this kind of land they are not going to have a nearly good results as they do on the ridge. The other thing is even if you know nothing about soils you look at these arrow maps and you see ditches, farmers didn't dig them for the exercise. Item #11 Frank Doczi Page 5 They are there because they are poorly drained to start with and I don't know if that is a good enough reason to oppose this but it doesn't add to it and it is not going to work good as well as the one that is already existing. Before it goes to Council if you would all correct that, I appreciate it. Charlie Salle': Any other comments or questions? Betsy Betsy Atkinson: Would you oppose putting an restriction in there about outdoor speaker systems? Mike Perry: No. We do plan on meet with the neighborhood and address some more of their concerns right before we go City Council. Donald Horsley: The number of horses is 21. Is that the number? Mike Perry: I believe -- yes 21. Mr. Hoarsley: 21. So that is not 3 per acre? That is less than 3 per acre fight. Is that right Mr. Baum? John Baum: Yes. Jim Phelan: What they were proposing was the 21 stalls in the stable. John Baum: But they have 11 or 12 acres of pasture. Our old rule of thumb was one to two acres of plant, but that is for cattle but they do the same sort of the same thing of horses. For all those who are not familiar with country. Charlie Salle': Well Don or Joh~ we need a motion. John Baum: Really because of the soil and number of horses I am hesitant and rather have someone else make the motion. Donald Horsley:-Okay, I'll be devil's advocate. The only reason I can go along with it is if we limited it to 21 horses because most of the time these situations that I know of, the horses don't stay out on the pasture and graze anyway, most of the time they are boarded and stay in the stables and they go out for short periods of time, so I don't think were going to have the Carolina road system, 'John, that we've had with the poorly drained soft back there so if we can limit it to 21, one per stall, I think we can probably live with it. So if that's agreeable with everyone I will make a motion to approve it and just to make sure traffic looks into this road situation. Item #11 Frank Doczi Page 6 John Baum: Under those circumstances I will second. Charlie Salle" Thank you. The motion by Don Horsley and seconded by lohn Baum to approve the application with the limitation to 21 horses and the location of the entrance and the removal of trees for visibility as approved by the Planning Department Betsy Atkinson: Include the outdoor speaker. Charlie Salle': And further condition no outside speakers or paging system. Okay. Robert Miller: I need to abstain. My firm is working on the project. Betsy Atkinson: You do horses too? AYE10 NAY0 ABS1 ABSENT0 ATKINSON AYE AVERY-HARGROVE AYE BAUM AYE DIN AYE HORSLEY AYE MILLER RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE ABS Charlie Salle': By a vote of 10 for and Bob Miller abstaining, we have approved the application of Frank Dorsey for Conditional Use Permit for Riding Academy and Horse Sporting at 1613 Pleasant Ridge Road. APPLICATION PAGE 4 OF 4 CONDITIONAL USE PERMIT CITY OF VIRGINIA BEACH Applicant's Name: List All Current Property Owners: DISCLOSURE STATEMENT Werdna and Patricia ~ynne PROPERTY OWNER DISCLOSURE ,If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Appih:ant Disclosure section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. Signature Print Name Res.. 9/15/98 ZONING HISTORY 1. Change of Zoning (B-2 Community Business District to A-2 Apartment District) - Granted 6-24-85 2. Conditional Use Permit (outdoor advertising structure) - Granted 6-24-85 3. Change of Zoning (R-6 Residential District to A-2 Apartment District) - Granted 7'- 12-82 4. Change of Zoning (B-2 Cgmmunity Business District to A-2 Apartment District) - Granted 7-12-82 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Woodfin Heating, Inc., Conditional Use Permit MEETING DATE: January 8, 2002 Background: An Ordinance upon Application of Woodfin Heating, Inc., for a Conditional Use Permit for an automobile service station on certain property located at the southeast comer of Diamond Springs Road and Haden Street (GPIN #1469-16-6330). Said parcel contains 22,651 square feet. DISTRICT 4 - BAYSIDE. Considerations: The applicant is requesting a conditional use permit to operate an unmanned 24-hour fleet fueling facility. Recommendations: A motion was passed unanimously by the Planning Commission by a recorded vote of 11-0 to approve this request subject to the following conditions: Trees of the same species as those to be planted in the streetscape shall be planted along the southem parcel line, specifically from the southwest comer of the lease line to the proposed ingress/egress depicted on the site plan, a distance of approximately 85 feet from the right-of-way. Trees of the same species as those planted in the streetscape shall be planted along the eastem parcel line, specifically from the northeast comer of the lease line to the proposed one-story maintenance building depicted on the site plan, a distance of .approximately 105 feet from the right-of-way. 3. Additional plantings shall be installed along the eastem side of the maintenance building to match the plantings surrounding the proposed dumpster area. 4. There shall be no canopy above the fuel dispensers or any other structure installed on Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommende~d Action: Staff recommends approval. Planning Commission recommends approval. ~ Submitting Department/Agency: Planning Department I City Manage~ ) ~... ,~~ht~z_ Woodfin Heating, Inc. Page 2 the property beyond that shown on the submitted plans without review and approval of the Virginia Beach City Council as a modification of conditions to the Conditional Use Permit. 5. The proposed sign shall be monument in style with a brick base. o The storage of hazardous, flammable or combustible materials on-site shall be within the scope of the Virginia Statewide Fire Prevention Code and NFPA. Operator must supply on-site and hazard mitigation kit for fuel spills. 7. The facility shall not be open to the general public but shall be for the sole use of specifically designated fleet customers. 8. A Certificate of Occupancy shall be obtained from the Building Official prior to occupancy. WOODFIN HEATING, INC./# 11 I December 12, 2001 General Information: REQUEST: ADDRESS: Conditional Use Permit for an automobile service station (fuel pumps). Southeast comer of Diamond Springs Road and Haden Road. ,~.~ c-3 Wo In O08 Gpin 1469-16-6330 GPIN: ELECTION DISTRICT: 1469-16-6330 4 - BAYSIDE Planning Commission Agenda December 12, 2001 WOODFIN HEATING, INC. / # 11 Page I SITE SlZE: STAFF PLANNER: PURPOSE: 22,651 square feet Carolyn A.K. Smith To operate an unmanned 24 hour, fleet fueling facility. Major Issues: Degree to which an unmanned fueling facility is compatible with the surrounding land uses. Assessment of the aesthetic impact of this facility on the existing, stressed commercial shopping center. Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zonin,q The grassed, vacant area is currently zoned B-2 Community Business District. Surrounding Land Use and Zonincl North: South: East: · Haden Road · Across Haden Road, billboard, vacant parcel/B-2 Community Business Distdct · Parking lot, vacant parcel / B-2 Community Business District · Shopping center / B-2 Community Business District Planning Commission Agenda December 12, 2001 WOODFIN HEATING, INC. ! # 11 Page 2 West: Single-family dwelling units / R-7.5 Residential District · multi-family dwelling units / Conditional A-18 Apartment District · Office warehouse / I-1 Light Industrial District Zonin,q History There have been several rezonings on parcels to the south and to the southeast. These include three requests from the R-6 Residential District and B-2 Community Business District to A-2 Apartment Districts. All of these requests were granted in either 1982 or 1985. ^ Conditional Use Permit was also granted on the property to the south for an outdoor advertising structure in 1985. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics There are no significant environmental features on this site. It is located within the Chesapeake Bay watershed. Public Facilities and Services, Water and Sewer Water: Sewer: There is a ten (10) inch water main in Diamond Springs Road fronting the property. This site has an existing one (1) inch meter that may be utilized. There is a 48 inch Hampton Roads Sanitation District (HRSD) force main in Diamond Springs Road fronting the property and a 20 inch HRSD force main in Diamond Spdngs Road on the west side of the median. There is an eight (8) inch sanitary sewer main fronting the property and a 48 inch HRSD force main both in Haden Road. The site is connected to City sewer. Planning Commission Agenda December 12, 2001 WOODFIN HEATING, INC. / # 11 Page 3 There is a.20 foot utility easement on the east side of the property with an eight (8) inch sanitary sewer main extending from the southeast comer of the property, north to Haden Road. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (ClP): Diamond Spdngs Road is considered a four (4) lane divided major urban arterial. The Master Transportation Plan designates this portion of Pdncess Anne Road as 120 foot wide divided right-of-way. There are no ClP projects scheduled for this facility. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Air Rail Avenue / Bayside 26,000 17,300 - Existing Land Use z_ 286 ADT Road ADT ~ 31,700 ADT ~ ~,,o .... n~;,,, -r.;.~ Proposed Land Use 3_ 80 ADT .ge ly Trips 2 as defined by current B-2 zoning 3 as defined by proposed facility Public Safety Police: Adequate - no further comments. Fire and Adequate. Rescue: Comprehensive Plan The Comprehensive Plan generally recommends retail, service, office and other uses compatible within commemial centers serving surrounding neighborhoods and communities for this parcel. The Comprehensive Plan policies and Map for this portion of the Bayside Planning Area recognize the importance of the Diamond Springs Road corridor as a viable commercial and industrial center that contributes greatly to the City's overall economic health and vitality. Planning Commission Agenda December 12, 2001 WOODFIN HEATING, INC. / # 11 Page 4 Summary of Proposal .Proposal · To operate an unmanned, 24-hour fleet fueling facility. Site Desi,qn · The site plan depicts a stormwater management facility behind the required street frontage landscaping along Diamond Springs Road. The pavement begins approximately at the 35 foot building setback line. The fuel pumps are set back approximately 85 feet from the right-of-way. A one-story maintenance building and the dumpster are proposed at the southeast comer of the parcel. · A freestanding sign is depicted at the northwest comer of the parcel. Vehicular Access An access is provided off of Diamond Springs Road via the existing parking lot for the shopping center. This interior access to the existing parking lot to the south necessitated the removal of two (2) parking spaces for the installation of an "island" that will provide the required turning radius to accommodate large trucks either utilizing the site as a customer or delivering fuel to the facility. An additional access point is provided on Haden Road to the north. The location of the access points provides adequate room for larger trucks to enter and exit the site without excessive tuming and maneuvering. Architectural Desiqn · There will be no canopy over the fuel pumps. Planning Commission Agenda December 12, 2001 WOODFIN HEATING, INC. / # 11 Page 5 · No information was provided concerning the building materials or the amhitectural style of the proposed small, one-story maintenance building. .Landscape and Open Space Desi,qn · Streetscape landscaping is proposed along both Diamond Springs Road and Haden Road. · Foundation landscaping is depicted in front of the maintenance building and surrounding the dumpster. · Landscaping is also provided around the proposed sign. Evaluation of Request The request for a Conditional Use Permit for the automobile service station for this fleet fueling facility is acceptable subject to the conditions below. The proposed commercial fueling facility, restricted to the exclusive use of the operator's customers, is compatible with the commercial and light industrial uses found in the adjacent area. A proprietary. card will be required to access the system. Customers are predominately obtained by sales persons calling on business accounts. If they are credit qualified, these accounts are issued cards for the exclusive use of a driver and vehicle and are not interchangeable. All operations are digitally controlled through a central computer system. The measures offered with this request to restrict users, number of employees (except for maintenance), number of structures, no onsite parking, signage, and controlled site lighting are acceptable conditions of approval to ensure that this facility is compatible with the adjacent land use. It is recommended that additional landscaping be installed along the southem and eastern property lines to ensure an adequate physical and visual separation between the parcels as well as to provide much needed visual relief to the extensive amount of asphalt on this large 2.8 acre, impervious site. Conditions Trees of the same species as those to be planted in the streetscape shall be planted along the southem parcel line, specifically from the southwest comer of the lease line to the proposed ingress/egress depicted on the site plan, a distance of approximately 85 feet from the right-of-way. Planning Commission Agenda ~!.~., ~, December 12, 2001 ~ WOODFIN HEATING, INC. ! # 11 Page 6 Trees of the'same species as those planted in the streetscape shall be planted along the eastern parcel line, specifically from the northeast comer of the lease line to the proposed one-story maintenance building depicted on the site plan, a distance of approximately 105 feet from the right-of-way. Additional plantings shall be installed along the eastern side of the maintenance building to match the plantings surrounding the proposed dumpster area. There shall be no canopy above the fuel dispensers or any other structure installed on the property beyond that shown on the submitted plans without review and approval of the Virginia Beach City Council as a modification of conditions to the Conditional Use Permit. The proposed sign shall be monument in style with a brick base. The storage of hazardous, flammable or combustible materials on-site shall be within the scope of the Virginia Statewide Fire Prevention Code and NFPA. Operator must supply on-site and hazard mitigation kit for fuel spills. The facility shall not be open to the general public but shall be for the sole use of specifically designated fleet customers. A Certificate of Occupancy shall be obtained from the Building Official pdor to occupancy. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda December 12, 2001 WOODFIN HEATING, INC. / # 11 Page 7 L --4 PARCEL B-1 El LOT I PARC[~ B- 10 Woodfin Heating (site plan) Planning Commission Agenda December 12, 2001 WOODFIN HEATING, INC. / # 11 Page 8 PARCEL B--lA Woodfin Heating (close-up of site and landscape plan) Planning Commission Agenda December 12, 2001 WOODFIN HEATING, INC. / # 11 Page 9 Planning Commission Agenda ~'~/I~~ December 12, 2001 WOODFIN HEATING, INC. ! # 11 Page 10 DISCLOSURE STATEMENT Applicant's Name: List All Current Property Owners: Wood£m Heating, In~ Little Creek Investment Corporation PROPERTY OWNER DISCLOSURE Iftbe property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) M~lissa Mahoney- President l~ Mahoney- Vice President, Secretary Kelly Christopoulos- Vice President, Treasurer If the property owner is a PARTNERSHIP, FIRM, or other [RVINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, fu'm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE Il'the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) Anne (2 Woodfin - Chariman .P~n H. Woodfin - President ~.,n H. Woodfin, Jr. - Executive Vice President SUsanne ~ Vallani - Secretary R. Reaves Louthan'- Vice President Thomas B. Portetfield- Vice President II'the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) I~ Cheek here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. Print Name Rev. 9/I 5/98 Item # 11 Woodfin Heating, Inc. Conditional Use Permit southeast comer of Diamond Springs Road and Haden Street District 4 December 12, 2001 Regular Hearing Robert Miller: Next item of business is item # 11 Woodfin Heating, Inc. ILl Nutter: I am here on that case. Thank you very much. For the record, my name is RJ Nutter. I am an attorney representing the applicant, Woodfin Oil. We are here todaY and this item, quite frankly, as you all know was recommended by your staff and frankly was on your consent agenda and for some concern of opposition. So we have not, because we are not adjacent to residential property and is zoned B-2 on three sides and I-1 on the other we didn't contact anyone. So perhaps it is best at this point to answer any questions you might have and will be happy to respond to the comments made by the opposition. I will tell you that we have worked well with staff on this application. We think it will be an enhancement. We will be improving this comer substantially. As you know we have a substantial landscape plan for this property. Case # 10 which you approved earlier today is a similar application in that it is a comer parcel zoned commercial adjacent to a road that leads to a residential area. I would venture to say that we have two or three times landscaping that that site has. We have a use that is far less intensive than an auto sales facility. We have a limited fueling facility with no repair operations whatsoever. In fact, one small building on the site whatsoever that is unmanned. So I think it is fair to say that be we consistent with your staff recommendations. All of the conditions are acceptable and we are happy to proceed. If there are any questions, I will reserve comments in rebuttal to the oppositions position. Charlie Salle: Any questions for Mr. Nutter. Beverly Hanhart? Beverly Hanhart: I live in the house, the first house to - would be to the right where this is planned to put in right behind the shopping strip. The original owner of that property. We have lived there since the late 70s. Different improvements have been made in that area, so called improvements that have now subject our house to heavy rains. When we have heavy rains of more than 8 minutes, my house floods, okay. The City has come out and put a large drain to the right of our property, which has helped a little. It use to come in and out the other end of the house. Now it only comes in the two bedrooms and hallway. The area where Woodfin is planning on developing is, when we have this rain, is under water at this time. It is like a lake. Haden Road is completely underwater from our property line to the left. The whole Haden Road gets under water. And we are not talking about like hurricane type storms, just regular heavy rains and the drainage area through there is very bad and if we put any more toward my house I am going to need a boat, okay, a big boat. I also am concerned with the landscaping area that is going to be put in. It will keep the view of that property blocked and it is in an area that there is Item #11 Woodfin Heating, Inc. Page 2 a lot of children hanging out late at night drinking, urinating in public that kind of stuff. I think that will keep it blocked so we will have more of that in that area where right now it is open and I have photos to show that. I have also had problems with zoning taking care of the garage that is on the end. You know, we have been contacting them for over 10 years. My last contact with Randy Wallace was that they were going to revoke the use permit of that garage. Again, nothing has been done on that. And then if the facility is manned, the hazards if there are spills or whatever if that becomes a flammable situation. Most of the buildings in that shopping strip are not open 24 hours a day. There is only one facility that would be open, the bar, which is probably is open until about 2 o'clock. After that point, if that became a flammable situation, that building would catch a fire, our house is right directly behind there. And also apartments or townhouses, I guess you would call them. I guess that would be a hazard too as well. Charlie Salle: Thank you. Any questions? Thank you. Beverly Hanhart: I mean, I could show you pictures of the area if you are interested. Charlie Salle: Yes, if you have pictures. William Din: Can you also use the laser and show us where you live and what areas you are talking about this flooding. There is a laser right there. Is that working? Beverly Hanhart: I am not sure how to work this. William Din: You got to pick it up. Beverly Hanhart: I am at - I would be right here. The first house behind that strip, right there. William Din: And how much of Haden Road does it flood? Beverly Hanhart: Floods all the way to the comer. William Din: All the way to where it tums. Beverly Hanhart: Yes, the property is graded from Diamond Springs Road to the comer going around because there is a large drain at that comer going around Haden Road. All of Haden Road gets under water. Up my - probably four feet in on my property from the road and about 2 feet on the other side of the other neighbors road gets flooded. All of Haden Road gets under water. 'All the drains on the back side of that shopping strip have been put in and graded toward our property so when the water comes out for that building, it just runs out from that side. When the City, when we originally built that house it was a dirt delivery entrance and then the City approved for them to put a black top and from that point on and when the townhouses were built Item # 11 Woodfin Heating, Inc. Page 3 behind us it graded the property line around us so that the water comes through. And there was no drainage for it. William Din: There are no drainage ditches around there. Beverly Hanhart: There are no type of drainage so it comes right to like a lake. And I don't see that putting anything else in there is going to improve it. You are just going to build that up more to grade more down to our house. Charlie Salle: If you want to show us the picture you can hand them and we'Mll pass them around. Just pass them around. Any other questions? Betsy Atkinson: Mr. Scott is there any way to help this lady? I hate to keep turning to you but we don't have any engineering... Bob Scott: Lets talk in terms of the two departments. There are some zoning concerns and some drainage concerns. I don't think that either of them are insignificant but I don't think that they necessarily relate to this proposal either. I will be happy to go back and talk to Mr. Wallace about the latest he has heard and perhaps contact this lady to discuss her issues further and another visit to the property might be in order for that to make sure that it is the way it should be. As far as the drainage issues are concerned, they and all I am going by is what has been described to me but it sounds like their neighborhood drainage issues are necessarily generated by any one user or any one property but they do need to be addressed. I will take that up with our engineers - our drainage people in Public Works department and see. what if any thing is appropriate for action. I don't think that the proposal that is brought to us here by Woodfin is going to make that necessarily any worst. It probably is not contributing to it right now but it still needs to be looked at. Betsy Atkinson: What about the loitering and the nuisance with an manned facility. Presumed it will be well lit. Maybe that will help? Beverly Hanhart: It is well lit right now. But you can see right across that whole parking lot as those pictures show. I mean you can see everything. The police or anyone going down Diamond Springs Road or Haden Road you can see completely through there. They have had break ins into the cars. They have had shootings up at the 7-Eleven which is right there by it. That little Diamond Lounge two people right there were shot. So my concern is the safety for the area if you are blocking that view for the potential of people hanging out behind there. Bob Scott: So maybe we have three types of problems. This represents a police issue. I am sure that the police are well aware of that area that exists out there but perhaps they need to be reminded of the importance of it. Again, I don't think this development is going to contribute to Item #11 Woodfin Heating, Inc. Page 4 the problem but I think that, again, we will bring it up with our friends of the Police Department. Betsy Atkinson: Would manning that facility help? Robert Vakos: Just on the landscaping and I remember several years or more than years I want to think when Oscar Northen was here he talked about safety in landscaping and sometimes they are conflicting when landscaping is appealing to the eye but it may create unsafe situations. What might be advisable and I am not sure what category landscaping, I am sure it is in here, as to what we are calling for but during site plan review there could be maybe a notation or do something to both create the aesthetic but also to make sure that there are some visual components there for the safety issue as she described. I just had that comment for the purpose of the record. Charlie Salle: Any other questions? Thank you very much. Mr. Nutter? RJ Nutter: Very briefly just to say we want to thank her for coming down today. We hadn't contacted her because we really weren't adjacent. We concur with Mr. Scott's comments frankly. We think they are all legitimate concerns and don't relate to this application with the possible exception of the landscaping issue. I think staff's desire has been to start this as a seed parcel, so to speak, and to hopefully to landscape this heavily it might improve that area but I would agree with Mr. Vakos. A good example is the Harris Teeter store down at the ocean front. We intentionally reduce the landscaping on this because of people loitering in and around the adjacent park that was across the street. We are happy to work with Mr. Scott's staff if there are any concerns on landscaping and we will work with them with that in mind. But we intended to actually to put in extra landscaping to try to improve the appearance of the comer but maybe we all inadvertently gone a little overboard on that. On the drainage issue, I would say that we are the first development in that area that will be putting onsite BMPs and we put the BMP feature up against Diamond Springs Road and we intentionally not done any paving until we reach the end of the setback line. So, right now we are in an area that is all concrete up to the right of way you will have a large open area with grass and trees and so it will be a very, very attractive site on what otherwise is very memorable comer. We are hoping to change that. Otherwise - we understand this lady's concern and will try to help her and hopefully this will be the first step in our process. Cheryl Avery-Hargrove: RJ you addressed the drainage issue and maybe this next one is not so much of a problem but she did mention something about the flamability of the manned facility. RJ Nutter: These facilities are operated all over the state. They are required to go through full fire department review. They have extra standards as a result of being manned. But notwithstanding those extra standards. I tell you, they have the full array of safety standards that Item # 11 Woodfin Heating, Inc. Page 5 are required at every facility that dispenses fuel. They have automatic cutoffs at the pumps, they have extinguishers over the pumps that come down in the event ora pull out. If the hose dislodges in instances and that happens on occasion of all facilities like this it is automatic cutoff for those facilities as well. The tanks are all double lined tanks. It is very, very safe. The unmanned nature is mearly due to the fact that they have no convenience sales whatsoever and their use is restricted to people who have pre-existing accounts with the company. The public - it is not a site where the public can pull up and get gas. You have to have an account with this company. A card you insert the card and the gas is dispensed to your car. Because of what is happening today with the service stations you will fred that is almost what you are doing today. I have to remind myself of that when I pull up to the gas station, I pull up, I never go inside and see a person. Put my card in, pull out and leave. I don't know who is happier about that me or the gas station attendant. I will tell you it is very, very similar to what we actually do day to day. But the (inaudible) does require that they have additional safety standards onsite. Cheryl Avery-Hargrove: Thank you RJ. Robert Miller: Just a small point RJ. Obviously your client is making a substantial investment in this area and I am sure that buying property from the shopping center that there is obvious a business relationship there and I think from just what we heard to encourage everybody, particularly, your client to take advantage of the opportunity to bring up the police issues with regard to what is going on there to make sure we want his property protected and we want the citizens property behind there protected to. So I think this is a chance to have everybody work toward a more positive position for that whole community in that area. Like you said, this is a nice - a potential nice step forward and make sure that it has all the flavors of the right thing and I was going to say - ask you something about the BMP and it was nice of you .to say that. Thank you. RJ Nutter: I appreciate that and I agree, would be happy to pass that along as well. Charlie Salle: Ron, do you... Ronald Ripley: My only comment is also on drainage, at this level, usually even though you got a BMP on there it really isn't at a position to solve a drainage problem until you get over to Development Services and take your plans to them and in all probability it will improve the drainage I would think. I don't think the City is going to let you do it unless - if it makes it worst. RJ Nutter:... Engineering Services, he did not know that the degree of drainage on the street. It is hard to imagine that amount of drainage. Ronald Ripley: Speaking to the use, I think the use is very appropriate for this location and I Item # 11 Woodfin Heating, Inc. Page 6 think if you are ready for a motion I will be hapPy to make it. Charlie Salle: I think we are ready. Ronald Ripley: I will make a motion that this application be approved. Charlie Salle: Motion by Ron Ripley, seconded by Cheryl Avery Hargrove to approve the application. AYE 11 NAY 0 ABS 0 ABSENT 0' ATKINSON AYE AVERY-HARGROVE AYE BAUM AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE Charlie Salle': By a vote of 11 to 0 you have approved the application of Woodfin Heating, Inc. for a conditional use permit for automobile service station fuel pumps at the southeast comer of Diamond Springs Road and Haden Road CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager. Gary E. Weiler, Conditional Use Permit MEETING DATE: January 8, 2002 Background: An Ordinance upon Application of Gary E. Weiler for a Conditional Use Permit for housing for seniors on certain property located at the southwest intersection of Lynnhaven Parkway and Indian River Road (GPIN #1465-73-6651). Said parcel contains 7.808 acres. DISTRICT 1 - CENTERVILLE. Considerations: The applicant is requesting a conditional use permit to construct an independent living senior housing facility containing 115 units. The Planning Commission plaCed this item on the consent agenda because the proposed use is compatible with land uses in the surrounding area and is consistent with recommendations in the City's Comprehensive Plan regarding the need to provide more or this type of housing for seniors, staff recommended approval and there was no opposition to the request. Recommendations: .A motion was passed unanimously by the Planning Commission by a recorded vote of 11-0 to approve this request subject to the following conditions. The Planning Commission recommended that Condition Five read as indicated below (struck-through text). Staff, however, recommends that the condition be replaced with the language as shown by the underlined text, which provides the Fire Marshall, who is the responsible party for enfomement of such provisions, the latitude to review the final plans and discuss requirements with the applicant. The site shall be developed in substantial accordance with the submitted site plan entitled "Preliminary Site Development Plan of Lynnhaven/Indian River Senior Living Facility for MARLYN DEVELOPMENT CORPORATION, Virginia Beach, Virginia, dated Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval, t~ Submitting Planning Departmen City Manager: ~ Gary E. Weiler Page 2 November 16, 2001" by John E Sirine Associates, LTD on file with the Planning Department. The proposed project shall substantially adhere to the submitted rendering depicting the front, dght side and left side elevations, color and extedor building materials entitled "Lynnhaven/Indian River Senior Living Facility Virginia Beach, Virginia, dated November15, 2001" by Kroskin Design Group PC on file with the Planning Department. o The proposed project shall substantially adhere to the submitted landscape plan. entitled "Landscape Plan of Lynnhaven/Indian River Senior Living Facility for Marlyn Development Corporation, Virginia Beach, Virginia, dated November 16, 2001" by John E. Sirine Associates, LTD. on file with the Planning Department 4. On-site management seven days a week during daytime hours shall be provided. I. k o The applicant and the City Fire Marshall shall meet to review the buildinq and site plans and shall agree to fire safety measures for the facility that are satisfactory to and enforceable by the Fire Marshall. 6. As per the Uniform Statewide Building Code, non-ambulatory residents shall occupy no more than 10% of the floor space. 7. On-site van service shall be provided for the residents. GARY E. WEILER / # 13 December 12, 2001 General Information: REQUEST: ADDRESS: Conditional Use Permit for housing for seniors, which by definition of the City Zoning Ordinance is limited to families with at least one family member who is aged 62 and over or single persons aged 62 or older. Southwest comer of Lynnhaven Parkway and Indian River Road M~ .-~0 E. Weiler P-I P-I G~in 1465-7.~-6651 GPIN: ELECTION DISTRICT: 1465-73-6651 1 - CENTERVILLE Planning Commission Agenda .~ December 12, 2001 ~ GARY E. WEILER ! # 13 ~ Page1 SiTE SIZE: STAFF PLANNER: PURPOSE: 7.8 acres Robert Davis To construct an independent living senior housing facility containing 115 units Major Issues: · Compatibility of the proposed use with the surrounding area. Adequate care and safety of seniors, consistent with the City's Report on Senior Housing Multi-family Issues: A Policy Report, dated July 1997. Sensitivity of the development to the adjoining Southem Watersheds resources related to Stumpy Lake and the North Landing River. Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zonin,q The property, zoned R-7.5 Residential Distict, is undeveloped and heavily wooded with a canal on the east and south side of the site and Stumpy Lake farther to the south. Planning Commission Agenda December 12, 2001 GARY E. WEILER ! # 13 Page 2 Surroundinq Land Use and Zonin,q North: South: East: West: Single-family dwellings / R.7.5 Residential Canal and Stumpy Lake / P-1 Preservation Canal Convenience store with fuel pumps / B-2 Business City neighborhood park Single-family dwellings / R-7.5 Residential Zoninq and Land Use Statistics With Existing Zoning: Single-family residential use with 7,500 square foot minimum lots. A maximum of 15 lots could be accommodated on the 4.25 acres of upland. With Proposed Zoning: The applicant is proposing 115 multifamily dwelling units in the form of an independent living senior housing facility. Consistent with the standards for a senior housing conditional use permit as provided in Section 235(b) of the City Zoning Ordinance (CZO), the density of the project is set by the City Council. The site would be developed in accordance with the submitted site plan and any conditions recommended with this conditional use permit should it be granted. Zonin,q History The area surrounding the subject site has developed into a stable residential area over the past twenty years with supporting commercial uses, such as the convenience store at the southeast comer of Lynnhaven Parkway and Indian River Road. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of less than 65dB Ldn surrounding NAS Oceana. The proposed use is compatible to this AICUZ. Planning Commission Agenda December 12, 2001 GARY E. WEILER / # 13 Page 3 Natural Resource and Physical Characteristics The site consists of a stand of mature trees and associated vegetative undergrowth. Drainage canals that flow into the North Landing River via Stumpy Lake border the site on the south and east side of the site. A !sliver' of the 100 year floodplain divides the site. This floodplain is in the area "subject to special restriction" under Section 5b.5 of the Site Plan Ordinance. The applicant has provided a floodplain mitigation plan that appears to meet the criteria in Section 5B.5(c)(4) for administrative approval of the placement of fill in the floodplain: o o o 100 percent of the proposed fill within the floodplain is being mitigated to result in no decrease in flood storage. The proposed mitigation provides a one for one replacement for the flood storage volume of the floodplain being filled. The areas of mitigation are contiguous to the existing floodplain. The proposed fill within the floodplain is limited to the smallest amount of area and fill possible, correcting irregularities within the boundary of the project, and it does not exceed 5 percent of the total area within the flood fringe located on the property. 100 percent of the mitigation is provided on the site. If this request is approved and the plan is found during detailed site plan review to not meet the cdteria above, the applicant will be required to modify the site plan or seek a floodplain variance from the City Council. The site is also located in the Southem Watersheds. Staff has reviewed the plan and found that it appears to meet the requirements of the Southern Watersheds Management Ordinance. Final determination will be made at detailed site plan review. Planning Commission Agenda December 12, 2001 GARY E. WEILER ! # 13 Page 4 Public Facilities and Services Water and Sewer Water: Sewer: There is a 12-inch water meter north of the property on Lynnhaven Parkway north of the median. There is a 12-inch water main fronting northeast comer of the property on Indian River Road east of the median. This site must connect to City water. There is no sanitary sewer available to the property. The nearest sewer manhole is 300 feet west at Middlebrook Lane intersection. This site must connect to the nearest City gravity sewer. Pump station analysis is required. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (ClP): Lynnhaven Parkway is currently a four (4) lane divided major urban artedal that tapers to two (2) lanes southwest of this site and then terminates further southwest. The MTP designates this portion of Lynnhaven Parkway as a 100-foot divided right of way with bikeway (100DB). Thero is a CIP project programmed to begin construction in October 2003 to provide for construction of a four lane divided roadway from Indian River Road south to the Chesapeake City Line. Indian River Road is currently a four (4) lane divided major urban artedal from Ferrell Parkway to Lynnhaven Road and a two lane facility from Lynnhaven Parkway to Elbow Road. The MTP designates this portion of Indian River Road as a 120 foot right of way with a bikeway and scenic buffers (120DBS). The current proposed construction section for this roadway shows a right of way of 140 feet. There is a CIP project scheduled to begin construction in April 2005 to provide for construction of a four lane divided highway from Lynnhaven Parkway south to Elbow Road. Planning Commission Agenda December 12, 2001 GARY E. WEILER ! # 13 Page5 Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity 13,000 17,300 ADT ~ Indian River Road ADT ~ Level of Service C Existing Allowed Land Use 2_ 196 ADT 9,000 17,300 ADT ~ Proposed Land Use 3_ 242 Lynnhaven Parkway ADT1 Level of Service C ge ly Tdps 2 as defined by R-7.5 density on 4.3 acres 3 as defined by 2.1 ADT per unit for 115 senior housing units The Traffic Engineering Division of the Public Works Department recommends the following: The left turn lane shown on the submitted plan exhibit will need to be removed. The location of the left tum lane does not meet the cdteria for median spacing nor does the site generate the vehicular volume to warrant the need for a left tum lane. The existing right turn lane will need to be extended back across the site to allow for a stacking area of 100 feet in length with a minimum of a 100 foot taper transition before the entrance into this site. · Only one entrance will be allowed into this site. · A five (5) foot reservation along the entire site including the extended right tum lane will need to be shown to comply with the MTP. The applicant contends that the requested removal of the left tum lane is vital to the proposed development and should remain. The applicant is willing to work with the Traffic Engineering Division in an attempt to resolve this issue. Public Safety Police: Coverage is adequate. No other comments were provided. Planning Commission Agenda December 12, 2001 GARY E. WEILER ! # 13 Page 6 Fire: The Fire Department notes that the current site plan layout is acceptable from a Fire Department access view because it allows fire vehicles access to the building. The Fire Marshal has expressed conCems that while fire protection is adequate for this area, the type of facility being proposed causes concem. Experience has shown that with Independent Living Senior Housing developments, many occupants who are or become non-ambulatory are not capable of "self rescue" during an emergency. Technically the property management of a residentially constructed project should not allow more than 10% of the floor space to be occupied with non-ambulatory occupants according to the Uniform Statewide Building Code. The concem is that when that percentage is increased, responding firefighters have to first evacuate the residents before being able to fight the fire. The Fire Marshall recommends that the applicant: · Require construction to comply with Institutional Use Groups. Require that all units/building be fire sprinkled to meet National Fire Protection Association (NFPA) 13 requirements. · Require fire detection systems compatible with an institutional use. Require minimum staffing 24 hours a day, 7 days a week who can respond to on-site emergencies for early coordination. Recommend reduced fire hydrant spacing throughout the complex, to be approved by the Fire Department prior to construction. The applicant has agreed to the following to address the above recommendations. These items will improve life safety features and the ability of the Fire Department to provide service. Planning Commission Agenda December 12, 2001 GARY E. WEILER/# 13 Page 7 One extra firewall will be added to reduce fire area over that which will be required by the fire code. All interior finishes will be a minimum of 5/8 inch sheetrock. The fire alarm system will have additional horn strobes added beyond standard coverage to improve the audibility after intedor finishes are in-place. The system will also have the ability to add strobes to individual dwelling units for those with hearing disabilities. The installation of a key access box for fire department key access. Stipulate in the lease that tenants must be able to take care of themselves or 30 day notice to vacate will apply. The tenant lease agreement will not allow residents incapable of self-rescue to continue to reside on the property. Stairwells and tread configuration will feature reduced dse and increased width, similar to those used in Jamestown Commons Apartment Development (the applicant is associated with Jamestown Commons). Developer will evaluate the feasibility of residential rangehood suppression systems in each unit. A fire evacuation plan will be developed and all residents and staff will be trained with the plan. ^ semi-annual fire drill will be conducted to evaluate the plan and the residents' ability to evacuate the building without the use of elevators. The tenant use of the nurses call station will be strictly monitored and if problems develop which abuse emergency services the problem will be handled by the property management. Planning Commission Agenda December 12, 2001 GARY E. WEILER / # 13 Page 8 · On-site management seven days a week during daytime hours will be provided. The Fire Department still affirms that the greatest protection for senior adults is building to Institutional use with the installation of an NFPA 13 system. Based on the applicant's willingness to provide features that are above and beyond the minimum requirements and their desire to manage the prOperty in a way that reduces the likelihood of residents who are unable to provide for self-rescue, the Fire Department is satisfied with the project. Senior Housing Review Committee: The applicant has met with the City's Senior Housing Review Committee (SHRC). The SHRC was very supportive of the efforts by the applicant to provide much needed housing facilities for Iow-income assistance. The distance of the facility from useful services typically needed by this age group is adequate and meets the guidelines of the "Senior Housing Development Guidelines" as provided in the City's Report on Senior Housin.q Multi-family Issues: A Policy Report dated July 1997. ' ' Comprehensive Plan The Comprehensive Plan Map recommends this area for residential uses at or below 3.5 dwelling units per acre. The Plan Map recognizes that the site is located adjacent to a natural resource/conservation area where land-disturbing activities should be avoided, mitigated, or under certain conditions prohibited. The proposed use is consistent with the Plan's provision for a diversity of housing meeting the needs of the city's older population. The City's Comprehensive Plan addresses this issue with these statements: "The opportunity to build retirement complexes incorporating high levels of outdoor recreation and other amenities in settings that take advantage of our unique environmental surroundings gives us the chance to significantly add to the broad base of amenities in the city. The challenge is not just to attract such opportunities, but to site them well, taking into consideration nearby amenities, land use.pattems, demand upon public facilities, and proximity to necessary services." (p. 23-24) Planning Commission Agenda December 12, 2001 GARY E. WEILER/# 13 Page 9 Summary of Proposal Proposal The applicant proposes to develop an access controlled senior housing facility with 115 units for independent living, age 62 and over, on a 7.9 acre site of which the buildable site outside the wetlands is 4.3 acres. The proposed density will be approximately 27 units to the acre, based on buildable acres. The facility, to be named Lynnhaven Cove, will be financed through the Virginia Housing Development Authority Low Income Housing Tax Credit Program (VHDA LIHTC). All the units will be reserved for residents whose income meets the cdteria specified by the LIHTC Program. Under this program, the applicant must own the facility for at least 15 yearsl The applicant will provide full time management and coordination of activities. The management of the proposed facility will be on-site full-time seven days a week during daytime hours, with personnel on call for the evening hours. The one-bedroom units will rent in the Iow $500 range and the two-bedroom units will rent in the Iow $600 range. The applicant is proposing to provide 59 one-bedroom units and 56 two-bedroom units, The one-bedroom units will average 675 square feet in size and the two- bedroom units will average 856 square feet in size. Amenities associated with the proposed facility include a fitness center, library and business center, community room, arts and crafts room, laundry rooms, individual unit washer/dryer hook ups, a full appliance package including dishwasher, garbage disposal and frost-free refrigerator. An indoor heated water exercise facility, and interior private self-storage. The facility will also be next to a city neighborhood park. The applicant will provide on-site van service for the residents. As shown on the submitted site plan, the applicant will provide access to a gazebo facing Stumpy Lake. Although not shown on the site plan, the applicant has indicated that a "natural walkway to the waters edge" will be provided. Planning Commission Agenda December 12, 2001 GARY E. WEILER / # 13 Page10 Site Design 107 parking spaces or 0.93 spaces per unit will be provided. The parking requirement for independent living dwelling units is 1 space per unit. However, this requirement may be modified by City Council when it is found that special conditions warrant such a modification. The proposed building will be located on 4.26 acres of upland soils. A four foot wide concrete sidewalk will surround the proposed building and will also connect to a walkway leading to a gazebo overlooking the canal adjoining Stumpy Lake. The remainder of the site, 3.6 acres of wetlands separates the building site from Stumpy Lake. Vehicular and Pedestrian Access · Vehicular access to the site is shown from Lynnhaven Parkway by two access points. · A proposed left turn lane from westbound Lynnhaven Parkway across the median is shown aligned with the larger access point. · A sidewalk leading to the intersection of Lynnhaven Boulevard and Indian River Road will provide pedestrian access to the site. Architectural Design Submitted renderings depict a U-shaped, four-story (50 feet in height) building with a pitched roof. The exterior building material will alternate between red brick and almond- colored vinyl. The front elevation will contain mostly bdck, especially in the center and the ends of the wings, which face Lynnhaven Parkway. The shutters as depicted on the submitted renderings are in proportion to the window and are acceptable. Planning Commission Agenda December 12, 2001 GARY E. WEILER ! # 13 Page11 .... · Each unit'will have a balcony or patio. Landscape and Open Space Desi,qn Landscaping for the project includes street frontage and parking lot landscaping and the incorporation of an existing area of trees with a 4 foot concrete sidewalk and a 14 foot by 14 foot gazebo overlooking the canal. · The west side of the site will have Category VI Landscaping, as required by the Zoning Ordinance when adjacent to residentially zoned property. Evaluation of Request The conditional use permit request for housing for seniors is recommended for approval. The proposed development is compatible with land uses in the surrounding area and is consistent with recommendations in the City's Comprehensive Plan regarding the need to provide more of this type of housing for seniors. As proposed, the housing will provide convenient, independent living opportunities for seniors in the Iow- income range within this area of the city. Conditions The site shall be developed in substantial accordance with the submitted site plan entitled "Preliminary Site Development Plan of Lynnhaven/Indian River Senior Living Facility for MARLYN DEVELOPMENT CORPORATION, Virginia Beach, Virginia, dated November 16, 2001" by John E Sirine Associates, LTD on file with the Planning Department. The proposed project shall substantially adhere to the submitted rendering depicting the front, right side and left side elevations, color and exterior building materials entitled "Lynnhaven/Indian River Senior Living Facility Virginia Beach, Virginia, dated November15, 2001" by Kroskin Design Group PC on file with the Planning Department. The proposed project shall substantially adhere to the submitted landscape plan. entitled "Landscape Plan of Lynnhaven/Indian River Senior Living Facility for Marlyn Development Corporation, Virginia Beach, Virginia, dated November 16, 2001" by John E. Sirine Associates, LTD. on file with the Planning Department Planning Commission Agenda December 12, 2001 GARY E. WEILER/# 13 Page 12 On-site management seven days a week during daytime hours shall be provided. The applicant shall adhere to the following provisions agreed to with the Fire Marshall. The provisions may be modified with the approval 'of the Fire Marshall: a. One extra firewall shall be added to reduce fire area over that which will be required by the Code. b. All interior finishes shall be a minimum of 5/8 inch sheetrock (type 'X'). The fire alarm system shall have additional horn strobes added beyond standard coverage to improve the audibility after interior finishes are in- place. The system shall also have the ability to add strobes to individual dwelling units for those with hearing disabilities. d. A key access box for Fire Department key access shall be installed. eo The tenant lease shall stipulate that tenants must be able to take care of themselves or 30 day notice to vacate will apply. The tenant lease agreement shall not allow residents incapable of self-rescue to continue to reside on the property. fo Stairwells and tread configuration shall feature reduced rise and increased width, meeting at least Section 1003.3.3.3 of the 2000 Intemational Building Code. g. The applicant shall evaluate the feasibility of residential rangehood suppression systems in each unit. h. A fire evacuation plan shall be developed and all residents and staff shall be trained with the plan. A semi-annual fire ddll shall be conducted to evaluate the evacuation plan and the residents' ability to evacuate the building without the use of elevators. The tenant use of the nurses call station shall be strictly monitored and if problems develop which abuse emergency services, the problem will be handled by the property management. Planning Commission Agenda ~,~~~ December 12, 2001 GARY E. WEILER ! # 13 Page13 k. On-site management seven days a week during daytime hours will be provided. 6. As per the Uniform Statewide Building Code, non-ambulatory residents shall occupy no more than 10% of the floor space. 7. On-site van service shall be provided for the residents. Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda ~[~/~~ December 12, 2001 GARY E. WEILER ! # 13 Page 14 ii i! Planning Commission Agenda December 12, 2001 GARY E. WEILER / # 13 Page15 Planning Commission Agenda December 12, 2001 GARY E. WEILER/# 13 Page16 See Page Planning Commission Agenda December 12, 2001 GARY E. WEILER/# 13 Page 17 Planning Commission Agenda December 12, 2001 GARY E. WEILER/# 13 Page18 Planning Commission Agenda December 12, 2001 GARY E. WEILER / # 13 Page 19 Planning Commission Agenda December 12, 2001 GARY E. WEILER ! # 13 Page 20 APPLICATION PAGE 4 OF 4 CONDI'TIONAL USE PERMIT CITY OF VIRGINIA BEACH Applicant's Name: DISCLOSURE STATEMENT Gary E. Weiler last All Cttrrent Property Owners: Sidney N. Johnson PROPERTY OWN Ir. Ii DISCI,OS URE I£lhe property owner is a CORPORATION, list all officers o£the Corporation below: ~tecessa09 /a (Attach list if lfthe property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list ifnecessao9 Cheek here if the property owner is NOT a corporation, partnership, firm, or oilier unincorporated organization. If the applicant is not the current o~vner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE I...fthe applicant is a CORPORATION, list all officers oF the Corporation below: '(..lttach list ifnecessao,) If the applicant is a PARTNERSIIIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (~4ttach list ifnecessao9 Check here i£the applicant is NOT a corporation, partnership, finn, or oilier unincorporated organization. c~C_ERTIFICATION: I certif~that the i~orn, ation contained he, ein is t: ~~ ,~~_ ~' ' 'tteandaccttrate. Sig~ture / ~ Signalt,,-c Sidney Johnson Property O~er Gary E. Weiler Prim Name Item # 13 Gary E. Weiler Conditional Use Permit Southwest intersection of Lyrmhaven Parkway and Indian River District 1 Centerville December 12, 2001 CONSENT AGENDA Cheryl Avery Hargrove: We move to the next consent agenda item. Item #13, Gary Weiler. Conditional use permit for housing for seniors in District 1, Centerville District. RJ Nutter: For the record, my name is RJ Nutter. I am an attorney and I am representing Mr. Weiler. We have no objections to the conditions and for the record, it was a pleasure serving with you Mrs. Hargrove and we certainly are going to miss you and would be happy to answer any questions that the commission might have. Cheryl Avery Hargrove: Thank you Mr. Nutter. Vice, versus. Is there any opposition to this consent agenda item. There being none. Mr. Chairman I would like to move for approval of # 10 with the conditions as read, #12, #13, #14, #15 and #24 for approval for consent agenda items. Charlie Salle': Motion by Cheryl Avery Hargrove... Cheryl Avery Hargrove: I believe I left off#9. Robert Miller: But nine is... Cheryl Avery Hargrove: Oh, that is right. Thank you very much. Charlie Salle: Seconded by Dot Wood to approve the consent agenda. AYEll NAY0 AILS0 ABSENT0 ATKINSON AYE AVERY-HARGROVE AYE BAUM AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE Item # 13 Gary E. Weiler Page 2 Charlie Salle': By a vote of 11 to 0 you have approved the consent agenda Later Motion to Reconsider Robert Miller: I see Mr. Nutter is back in the room. Let me step to item #14, Gary Weiler and I understand that there is some opposition. Mr. Nutter. We have to vote to re-open. Charlie Salle: Lets see what Mr. Nutter's comment is first. RJ Nutter: Stephen did, in fact, inform me, in fact, that opposition was here and did not speak up at the appropriate time and I told him that my clients were here and they and their engineers and architect and an environmental consultant were all here and have left. I told them I would try to reach - first of all I tried to speak to the gentleman that was here in opposition to see if I could, to see if there was any issue I could address for him and it is fair to say that his concern is not something that I can address so I tried to reach my client - at least I have their cell phone number and his office number and unable to reach him. He is not at his office and not picking up the cell phone. So I am somewhat at a loss. I am happy to try to respond to what the opposition might say but I don't have any of the - that we come to carry around with us these days, engineers, architects and land planners and environmental consultants. But I can tell you that I am happy to respond although I would tell you their concerns. They have little to do with those issues. I think it is fair to say, he is a very nice gentleman, Mr. Danmond, who indicated his principal objection and he can speak for himself. It is the fact that the - he felt that the property should have been bought by the City as part of the Stumpy Lake open space area. He was surprised to learn that it had not been purchased. So as you can see it is not much I can do with that issue. I am happy to do whatever the Commission would like although at least I would like the record to reflect that my people were here and left under otherwise very (inaudible) circumstances. Unfortunately I happen to have another application today so I was still here. But I am happy to do whatever the Commission would like in this manner. Charlie Salle: I guess if we are going to hear it we will need to vote and reconsider the previous approval. I guess if we can hear from the individual who is hear and decide based on what they have to say to vote to reconsider or we can say that the matter... Donald Horsley: Lets see what our City Attorney says. Kay Wilson: I believe you should, if you are going to move you move to reconsider it if you wish to hear the information. That way you have re-opened the application. It is already closed, you have already voted. You approved it. In order to hear the opposition you will need to reconsider the application so you need to have a motion to reconsider and it would need to pass. John Baum: In all fairness, that is the reason the instructions are read and passed out. If you object to consent say so again but later. Item # 13 Gary E. Weiler Page 3 Donald Horsley: Mr. Chairman in all fairness to the applicant and {he opposition our decision is not the final decision and he will have a chance to voice his opinion at City Council and I am sure he will relay the message of what happened here today I think in all fairness to the applicant we need to move on. Ronald Ripley: That is exactly what I was going to say also. I don't see where this is appropriate to bring this back up at this point and the City Council will have the final word and I am sure Mr. Nutter will be prepared to present his case then. RJ Nutter: And that is true and I will also be happy to offer to have my client to meet with Mr. Danmond or contact him to see if he would like to meet between now and Council. Charlie Salle: Okay, not hearing any motion... Robert Miller: I think the only thing I would like to do is Mr. Nutter has expressed an opinion about what Mr. Danmond had to say, I would at least like to know'and maybe we... I don't know if we can be any stronger about having people sign in and putting the information in the package and putting it in the announcement when we make our announcements but if there is a reason why Mr. Danmond was not here maybe there was some extenuating circumstances. But I do know that Council does re-hear items. I had one a month or so ago. RJ Nutter: He probably should speak for himself on that issue but my sense is that he misunderstood the nature of what was occurring in talking to Mr. Danmond outside of the room. But he is right here. Robert Miller: Well, I will make a motion that we reconsider item #13. Charles Salle: Do we have a second? Motion by Bob Miller, seconded by Dot Wood to reconsider item #13. AYE 03 NAY 8 ABS 0 ABSENT 0 ATKINSON NAY AVERY-HARGROVE NAY BAUM' NAY DIN AYE HORSLEY NAY MILLER AYE RIPLEY NAY SALLE NAY STRANGE NAY VAKOS NAY WOOD AYE Charlie Salle': By a vote of 8 to 3 the reconsiderrequest has failed. ~a~ No~ to S:ale Sandbrid~e Community Chapel Un~_tecl~ Methodist Church~ G~in 2433-42-1690 ZONING HISTORY 1. Conditional Use Permit (Chumh) - Approved 5-22-01, 10-24-88, 3-14-88, 11-15- 84, 5-13-68 · CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Sandbridge Community Chapel United Methodist Church, Conditional Use Permit MEETING DATE: January 8, 2002 Background: An Ordinance upon Application of Sandbridge Community Chapel United Methodist Church for a Conditional Use Permit for a child care center in a church at the northwest and southwest intersections of Sandpiper Road and Bonita Lane (GPIN #2433-42-0899; #2433-42-1690). Said parcels are located at 3041 Sandpiper Road and 300 Bonita Lane and contain 57,988 square feet. DISTRICT 7 - PRINCESS ANNE. Considerations: The applicant is requesting a conditional use permit to establish a Child Care Center in the church. The Planning Commission placed this item on the consent agenda because the proposed use is a needed service in the community, staff recommended approval and there was no opposition to the request. Recommendations: A motion was passed unanimously by the Planning Commission by a recorded vote of 11-0 to approve this request subject to the following condition: The applicant shall obtain all necessary permits and inspections from the Permits and Inspections division of the Planning Department, the Fire Department and Social Services. Before occupancy of the building, the applicant shall obtain a Certificate of Occupancy from the Permits and Inspections division of the Planning Department. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department,~/l) City Manet ~._, )~/.. SANDBRIDGE COMM. CHAPEL/# 12 December 12, 2001 General Information: REQUEST: ADDRESS: Conditional Use Permit for a Child Care Center 3041 Sandpiper Road and 300 Bonita Lane ~t'Jap 0-14 GPIN: ELECTION DISTRICT: SITE SIZE: Crpin 2433-42-0899 2433-42-0899 and 2433-42-1690 7 - PRINCESS ANNE. 3041 Sandpiper Road - 32,177 square feet 300 Bonita Lane - 25,811 square feet Planning Commission Agenda December 12, 2001 SANDBRIDGE COMM. CHAPEL ! it 12 Page I STAFF PLANNER: PURPOSE: Faith Christie To establish a Child Care Center in the church. Major Issues: · Compatibility of the proposed use with the surrounding residential uses. Land Use, Zoning, and Site Characteristics: .ExistinQ Land Use and .Zoning The main sanctuary, parking, and mature landscaping occupy the northern parcel. The southern parcel is occupied by the fellowship hall, a play area, parking, and mature landscaping. The sites are zoned R-10 Residential District. Surroundinq Land Use and Zonino North: South: East: West: · Single-family residential dwellings/R-10 Residential District · Single-family residential dwellings / R-10 Residential District · Sandpiper Road · Across Sandpiper Road - Single-family residential dwellings / R-10 Residential District · Little Island Road Planning CommiSsion Agenda December 12, 2001 SANDBRIDGE COMM. CHAPEL / # 12 Page 2 · Across Little Island Road - Single-family residential dwellings / R-10 Residential District Zonin,q History The structure on the south pamel was built in 1965. A conditional use permit was approved May 1968 for a church. In November 1984, a conditional use permit was approved to construct a 200 to 250-seat sanctuary on the site with parking located on the north parcel, across Bonita Lane. That conditional use permit expired in May of 1986. In October of 1988, a conditional use permit was approved to construct a sanctuary with seating for 230 on the northem parcel, with the parking to be located on this site and the western parcel, across Little Island Road. The existing sanctuary, on the southem site, was converted into the fellOwship hall at that time. Between 1984 and 1988 several Board of Zoning Appeals variances were approved for the sites regarding setbacks, land area, building height, and parking. A vadance approved March 2, 1988 requires that 37 parking spaces for the main sanctuary are maintained on the southern site. Air The use Installation Compatible Use 7~ site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. is compatible with this AICUZ. The proposed Natural Resource and Physical Characteristic~ A 2,300 square foot building and 39 parking spaces exist on the southem site. The site is landscaped with mature vegetation. An 8,575 square foot sanctuary and a parking area exist on the northern parcel. Mature landscaping also exists on this site. The sites are in the Back Bay watershed. Public Facilities and Services Water and Sewer Water: There is a 12-inch water main in Sandpiper Road fronting on the east side of the property. There is a 6-inch water main on the west side of Little Island Road fronting the property. There is a six- (6) inch stub line in Bonita Lane from the twelve- (12) inch main in Sandpiper Road. The northem site is served by well and must connect to City water. The southern site is connected to City water. Planning Commission Agenda December 12, 2001 SANDBRIDGE COMM. CHAPEL/# 12 Page 3 Sewer: There is a six (6)-inch sanitary vacuum sewer main in Sandpiper Road fronting the east side of the property. There is a six (6)-inch sanitary vacuum sewer main in Little Island Road fronting the west side of the property. There is a twelve- (12) inch sanitary sewer force main in Sandpiper Road fronting east of the sites. The southern site is connected to City sewer. The northem site is served by a septic system and must connect to City sewer. Transportation Master Transportation Plan (MTP)/Capital Improvement Program (CIP): Sandpiper Road is a two-lane local collector street. It is not designated on the Master Transportation Plan, and there are no plans in the Capital Improvement Program to improve the facility. Traffic Calculations: Stre=t Name Present Present Generated Traffic Volume Capacity Existing Land Use z_ Less than Sandpiper Road 1,158 ADT 6,200 ADT 500 ADT Averaoe Dailv Trim~ Proposed Land Use 3_ 594 ADT 2 as defined by Church 3 as defined by 7,500-sq. ft. Daycare Public Safety Police: Fire and Rescue: Adequate - no further comments. A certificate of occupancy for a change of use in the building shall be obtained from the Building Code Official. Comprehensive Plan The Comprehensive Plan designates this area as Suburban Residential / Low Density, an area planned for residential uses at or below 3.5 dwelling units per acre. The Planning Commission Agenda December 12, 2001 SANDBRIDGE COMM. CHAPEL ! # 12 Page 4 applicant's request for childcare in the church provides community resoumes for the Sandbridge community and is consistent with the recommendation of the Comprehensive Plan. Summary of Proposal Proposal The applicant preposes to operate a childcare center in the church. The applicant anticipates an enrollment of up to sixty (60) children, age 2 ½ through 11 years old. The total number of children would include both pre- school and before / after school care. The hours of operation will be Monday through Fdday from 6:00 a.m. to 6:00 p.m., excluding holidays. The sites are in the Sandbfidge community at the intersections of Sandpiper Road, Bonita Lane, and Little Island Road. The sites are surrounded by single-family residential uses. The main sanctuary, Sandbridge Community Chapel, exists on the north parcel; the fellowship hall exists on the south parcel. ^ conditional use permit was approved in May of 2001 to add approximately 2000 square feet to the fellowship hall for an activity room, kitchen, church offices, and five classrooms. Site Desi,qn On the northem parcel, exist the main sanctuary, eight parking spaces, and two handicap parking spaces. Mature landscaping rings the perimeter of the site. There is a sidewalk from Bonita Lane to the church parking lot. There is one entrance to the site from Little Island Road. On the southem parcel, exist the fellowship hall. There are 39 parking spaces on the site. Mature landscaping exists along Bonita Lane, Little Island Road, and adjacent to the residential structure to the south. There is a sidewalk from Bonita Lane to the entrance of the fellowship hall. There are two entrances from Little Island Road. Planning Commission Agenda December 12, 2001 SANDBRIDGE COMM. CHAPEL / # 12 Page 5 Vehicular and Pedestrian Accese On the northem parcel, a single entrance from Little Island Road exists. A sidewalk from Bonita Lane connects to the parking lot. On the southern parcel, there are two entrances from Little Island Road. A sidewalk from Bonita Lane to the entrance of the building exists. Vehicle circulation on both parcels appears to be adequate. There are no public sidewalks in the area. Architectural Desi,qn The main sanctuary building on the northem parcel was constructed in 1990. The exterior building matedal is stucco and is cream in color. The roof is flat. The building is two stodes in height. · The fellowship hall on the southem parcel is one-story cream-color block, constructed in the early 1960s. Additions are planned for the Sandpiper Road side of the building and the rear of the building Landscape and Open Space Desi,qn · Mature landscaping exists along the perimeter of both sites. · A recreational play area exists on the southem parcel adjacent to the fellowship hall. Evaluation of Request The request for a conditional use permit for a childcare operation in the church is acceptable. The church serves as a focal point in the Sandbfidge community by providing year round religious services and a meeting area that otherwise would not be available. The addition of childcare in the church will provide a needed service in the community. The applicant proposes childcare for up to sixty (60) children, ranging in age from 2 Y2 to 11 years old. There will be preschool for the children ages 2 ~ to 5 years old and before / after school care. The facility will be open Monday through Friday from 6:00 a.m. to 6:00 p.m. The applicant has met with representatives from Permits and Inspections, Planning Commission Agenda December 12, 2001 SANDBRIDGE COMM. CHAPEL ! # 12 Page 6 Fire, and Social Services, and is aware of the requirements they will have to meet to establish the childcare facility. Staff recommends approval of the conditional use permit for childcare subject to the following condition. Conditions The applicant shall obtain all necessary permits and inspections from the Permits and Inspections division of the Planning Department, the Fire Department and Social Services. Before occupancy of the building, the applicant shall obtain a Certificate of Occupancy from the Permits and Inspections division of the Planning Department. NO~E: Furiher conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. S~e Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda December 12, 2001 SANDBRIDGE COMM. CHAPEL/# 12 Page 7 Planning Commission Agenda ~ December 12, 2001 SANDBRIDGE COMM. CHAPEL / # 12 '-- ... Page 8 Planning Commission Agenda ~~ December 12, 2001 ~.~ SANDBRIDGE COMM. CHAPEL/# 12 ~ Page 9 Planning Commission Agend"--~~~ _ December 12, 2001 SANDBRIDGE COMM, CHAPEL/# 12 Page10 ¸-% DISCLOSURE STATEMENT Applicant'sName: Sandbridge Community Chapel United Methodist Church List All Current Property Owners: PJ Christoph, Chris Kelly, Paul Russell, Neale Durkee, Bob Britt, Connie McMahon, Roger Dadiomoff, Donna Russell and 'Larry Dougherty PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) ff the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, Hst all members or partners in the o~anization below: (Agach list ~necessa~) Trustees: PJ Christoph, Chris Kelly, Paul Russell, Neale Durkee, Bob Britt, Connie McMahon, Ro~er Dadiomoff, Donna Russell and Larry Dougherty Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) [~ Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization~:'".'i~ ,.,'.: CERTIFICATION: I certify that the information contained herein is true and accurate. ~' [ Print Name Item # 12 Sandbridge Community Chapel UMC Conditional Use Permit 3041 Sandpiper Road/300 Bonita Lane District 7 Princess Anne Decemberl 2, 2001 Consent Agenda Cheryl Avery Har~ove: The next consent agenda item is #12. That is Sandbridge Community Chapel UMC. It is conditional use permit for a childcare center in a church in the District 7, Princess Anne borough. David Whitley: My name is David Whitley. I represent the applicant as a member of the church. We read the conditions and they are acceptable to us. Cheryl Avery Hargrove: Thank you Mr. Whitley. Is there any opposition to this consent agenda item? There being none. Mr. Chairman I would like to move for approval of#10 with the conditions as read, #12, #13, #14, #15 and #24 for approval for consent agenda items. Charlie Salle" Motion by Cheryl Avery Hargrove... Cheryl Avery Hargrove: I believe I left off#9. Robert Miller: But nine is... Cheryl Avery Hargrove: Oh, that is right. Thank you very much. Charlie Salle: Seconded by Dot Wood to approve the consent agenda. AYE 11 NAY 0 ABS 0 ABSENT 0 ATKINSON AYE AVERY-HARGROVE AYE BAUM AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE Charlie Salle" By a vote of 11 to 0 you have approved the consent agenda CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Shahpor Mahgerefteh, Conditional Use Permit MEETING DATE: January 8, 2002 Background: An Ordinance upon Application of Shahpor Mahgerefteh fora Conditional Use Permit formotor vehicle sales at the northeast comer of Haygood Road and Crossborough Road (GPI N #1478- 15-0073). Said parcel is located at 4880 Haygood Road and contains 39,988 square feet. DISTRICT 4 - BAYSlDE. Considerations: The applicant is requesting a conditional use permit to redevelop the property with an auto sales facility. The Planning Commission placed this item on the consent agenda because the proposed use is compatible with the surrounding uses, staff recommended approval and there was no opposition to the request. Recommendations: A motion was passed unanimously by the Planning Commission by a recorded vote of 11-0 to approve this request subject to the following conditions: A formal site plan shall be submitted to the Planning Department Development Services Center for site plan review before occupancy of the building. The site plan shall identify designated vehicle display areas and parking spaces as required by the City Zoning Ordinance. The parking lot shall be striped in accordance with the approved plan. The site plan shall also meet all requirements for landscaping in the Zoning and Site Plan Ordinances. If necessary, the required foundation landscaping shall be permitted in planter boxes along the front and side of the building. Any unimproved areas shall be maintained with a grassed lawn. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Planning Department~ Submitting De.l~artment/Agency: Shahpor Mahgerefteh Page 2 The wooden fence, storage trailer, and any other outside storage on the property shall be removed. No outside storage of parts, equipment, materials or wrecked or inoperative vehicles shall be permitted. The nonconforming freestanding sign shall be removed or altered to conform to current sign regulations of the City Zoning Ordinance. All signage on the site must be in accordance with sign regulations outlined in the City Zoning Ordinance. No vehicles shall be parked within any portion of the public right-of-way. Vehicles for display shall be at least five feet from the right-of-way and shall be parked in the designated display areas only. Vehicles shall not be displayed on ramps, berms, or other elevating devices. 5. No vehicle repair shall be permitted on the site. 6. No outside paging system shall be permitted. 7. Hours of operation shall be between 8:00 am and 9:00 pm. 8. The building trim shall be painted white or an earth tone color. 9. Only one entrance will be permitted on Haygood Road. Entrances shall be no larger than 30 feet wide at the property line. SHAHPOR MAHGEREFTEH / # 1 General Information: REQUEST: ADDRESS: December 12, 2001 Conditional Use Permit (motor vehicle sales) 4880 Haygood Road (northeast comer of Haygood Road and Crossborough Road) Gpin 1478-15-0073 GPIN: ELECTION DISTRICT: 1478-15-0O73 4 - BAYSIDE Planning Commission Agenda December 12, 2001 '-,., : ~..~.,,-' SHAHPOR MAHGEREFTEH /# 10 Page I SITE SIZE: STAFF PLANNER: PURPOSE: 39,988 square feet Ashby Moss To redevelop the property with an auto sales facility. Major Issues: · Compatibility of proposed use with surrounding uses. · Site improvements to the property, resulting in a higher quality development than that currently existing. Land Use, Zoning, and Site C h aracteri stics: Existin,q Land Use and Zoning The property was formerly occupied by an auto repair establishment but is now vacant. The property is zoned B-2 Community Business District. Surroundin.q Land Use and Zoning North: South: East: · Mini-warehouse facility / B-2 Community Business Distdct · Across Haygood Road, auto sales / B-2 Community Business District · Offices / B-2 Community Business District Planning Commission Agenda December 12, 2001 SHAHPOR MAHGEREFTEH / # 10 Page 2 West: · Across Crossborough Road, gas station / B-2 Community Business District Zonin,q History The subject property was rezoned from single-family residential to limited commercial in 1960. The comer parcel was later changed to general commercial zoning and a conditional use permit for a gas station was approved in 1968. This property was also part of a large piece of property approved for a borrow pit in 1977. The property immediately north of the subject site was approved for a mini-warehouse facility in 1994. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of less than 65 dB Ldn surrounding NAS Oceana. The proposed use is compatible to this AICUZ. Natural Resource and Physical Characteristics The property contains an existing building with a paved area in front and large grassy area in the rear enclosed by a wooden fence. There are no natural resource features on this site. Public Facilities and Services Water and Sewer Water: Sewer: There is a 24-inch water main in the north side of Haygood Road fronting the south side of the property. There is a ten-inch water main in the south side of Haygood Road fronting the south side of the property. There is a 24-inch water main in Crossborough Road fronting the west side of the property. This site is currently connected to City water and has an existing one-inch water meter. There is a 14-inch sanitary sewer force main in the south side of Haygood Road fronting the south side of the property. There is an eight-inch sanitary sewer main in Crossborough Road fronting the west side of the property. This site is currently connected to city sewer. Planning Commission Agenda December 12, 2001 SHAHPOR MAHGEREFTEH / # 10 Page 3 Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Haygood Road in the vicinity of this application is a four lane undivided collector. The MTP designates this section of Haygood Road as a 100 foot divided roadway with a bikeway. No further improvements are scheduled for this portion of Haygood Road in the current adopted ClP. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Haygood Road 16,500 13,100 - Existing Land Use z_ 60 ADT ADT ~ 22,800 ADT ~ Proposed Land Use 3_ 90 ADT .ge y ps 2 as defined by auto repair shop 3 as defined by auto sales Public Safety Police: Fire and Rescue: Adequate - no further comments. Adequate- Approval is required by the Fire Marshall's office for storage of flammable or hazardous materials regulated by the fire code. The Fire Marshall's office will evaluate the site once the vehicle inventory is in place to determine any fire lane requirements. Comprehensive Plan The Comprehensive Plan recommends retail, service, office, and other compatible uses within commercial centers serving surrounding neighborhoods and communities. Planning Commission Agenda December 12, 2001 SHAHPOR MAHGEREFTEH ! # 10 Page 4 Summary of Proposal .Proposal · This site was originally developed as a gas station and has since been used as an automobile repair shop. · The applicant is requesting to redevelop this site for an automobile sales facility. Site Desiqn The site's existing improvements consist of an approximately 2,400 square foot building with five bays, a paved parking area in the front and to the west of the building, and a grass/dirt storage area behind the building enclosed with a dilapidated wooden fence. The applicant intends to remove the existing wooden fence and expand the paved surface along the frontage of Crossborough Road for additional auto display area. The area behind the building will likely remain unpaved. Vehicular and Pedestrian Acces-~ The property has two existing access points on Haygood Road and one on Crossborough Road. Public Works Traffic Engineering has commented that only one entrance no larger than 30 feet wide will be permitted if this application is approved. · Sidewalks already exist along Haygood Road but are not present along Crossborough. Architectural Desi.qn The existing building is a colonial style brick building with red wood trim and a gable roof with a cupola. The building has a glass storefront and five glass pane bay doom also facing the front. The applicant plans to use the existing building and provide minor maintenance improvements such as painting the trim and replacing any broken glass panes. Planning Commission Agenda December 12, 2001 SHAHPOR MAHGEREFTEH ! # 10 Page 5 .Landscape and Open Space Desi,qn · The paved portion of the site (entire area in front and on the west side) currently has no landscaping. · The rear of the site, currently enclosed with a wooden fence, is not paved. This area is covered with grass and dirt. One of the recommended conditions below requires the site be retrofitted to meet current landscape requirements, including display area, street frontage, interior parking lot, and building foundation landscaping. Evaluation of Request The applicant's conditional use permit request for an automobile sales facility is acceptable. This proposal is an 'opportunity to redevelop this highly visible comer property and improve its appearance. The proposed use is compatible with the surrounding commercial and office uses, many of which are also auto-related. Therefore, this conditional use permit request is recommended for approval, subject to the following conditions: Conditions o A formal site plan shall be submitted to the Planning Department Development Services Center for site plan review before occupancy of the building. The site plan shall identify designated vehicle display areas and parking spaces as required by the City Zoning Ordinance. The parking lot shall be striped in accordance with the approved plan. The site plan shall also meet all requirements for landscaping in the Zoning and Site Plan Ordinances. If necessary, the required foundation landscaping shall be permitted in planter boxes along the front and side of the building. Any unimproved areas shall be maintained with a grassed lawn. The wooden fence, storage trailer, and any other outside storage on the property shall be removed. No outside storage of parts, equipment, materials or wrecked or inoperative vehicles shall be permitted. The nonconforming freestanding sign shall be removed or altered to conform to current sign regulations of the City Zoning Ordinance. All signage on the site Planning Commission Agenda December 12, 2001 SHAHPOR MAHGEREFTEH / # 10 Page 6 o 6. 7. 8. 9. must be in accordance with sign regulations outlined in the City Zoning Ordinance. No vehicles shall be parked within any portion of the public right-of-way. Vehicles for display shall be at least five feet from the right-of-way and shall be parked in the designated display areas only. Vehicles shall not be displayed on ramps, berms, or other elevating devices. No vehicle repair shall be permitted on the site. No outside paging system shall be permitted. Hours of operation shall be between 8:00 am and 9:00 pm. The building trim shall be painted white or an earth tone color~ Only one entrance will be permitted on Haygood Road. Entrances shall be no larger than 30 feet wide at the property line. NO,b: Fu~her conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda December 12, 2001 SHAHPOR MAHGEREFTEH / # 10 Page 7 / Shahpor Mahgerefteh (Proposed site layout) Planning Commission Agenda ~ December 12, 2001 ~ SHAHPOR MAHGEREFTEH ! # 10 ':~' Page 8 Planning Commission Agenda December 12, 2001 SHAHPOR MAHGEREFTEH /# 10 Page 9 CONDITIONAL USE PERMIT CITY OF VIRGINIA BEACH PA GE 4 OF 4 Applicant's Name: List All Current Property Owners: Shahpor DISCLOSURE Mahgerefteh STATEMENT __Martha H. Blizzard PROPERTY OWNER DISCLOSURE the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE lf. lhe applicant is a CORPORATION, list all officers o£ tile Corporation below: (Attach list if necessary) ff the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION', list all members or partners in the organization below: (Attach list if necessary) Check here il' ti~¢ applicant is NOT a corporation, partnership, firm, or other unincorporated organization. C~RTIFICA"rlON: I certify that the information contain, te. /Signature Shahpor Mahgerefteh Print Name Item # 10 Shahpor Mahgerefteh Conditional Use Permit 4880 Haygood Road District 4 Bayside December 12, 2001 CONSENT AGENDA Cheryl Avery Hargrove: The next consent agenda item is item #10. That is Shahpor Mahgerefteh and that is a conditional use permit for motor vehicle sales. It is in District 4, Bayside district. Is anyone present? Eddie Bourdon: Again, Eddie Bourdon representing the applicant. If you wouldn't mind, I thought we agreed to all the conditions and my client just mentioned something so if you could drop this down so that I can verify something with him. I think all the conditions are acceptable. Cheryl Avery Hargrove: Yes, we will do that. We will drop it to the end of-the consent agenda. Is that your request? At the end of the consent agenda or for hearing? Later Cheryl Avery Hargrove: I believe #10 is still in discussion but they are back. Eddie Bourdon: My apologies to the commission but the conditions contained in the staff evaluation are all acceptable for item #10. Cheryl Avery Hargrove: Thank you Mr. Bourdon. Is there any opposition to consent agenda item # 10. There being none. Mr. Chairman I would like to move for approval of # 10 with the conditions as read, #12, #13, #14, #15 and #24 for approval for consent agenda items. Charlie Salle'- Motion by Cheryl Avery Hargrove... Cheryl Avery Hargrove: I believe I left off#9. Robert Miller: But nine is... Cheryl Avery Hargrove: Oh, that is right. Thank you very much. Charlie Salle: Seconded by Dot Wood to approve the consent agenda. Item # 10 Shahpor Mahgerefteh Page 1 AYE 11 NAY0 ABS0 ABSENT0 ATKINSON AYE AVERY-HARGROVE AYE BAUM AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE Charlie Salle': By a vote of 11 to 0 you have approved the consent agenda.