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HomeMy WebLinkAboutMARCH 12, 2002 AGENDACITY COUNCIL MAYOR MEYF_a~ E. OBF-~NDORF, At-La~e VICE MAYOR WILLIAM D. SESSOM$, Jt~, At-Large LINWOOD O. BRANCH, II1, Beach - District 6 MARGARET L EURE, Center~ille - Distr~ct 1 WILLIAM W. HARRISON, JR., Lynnhaven . District 5 BARBARA M. HENLEY, Princess Anne - District 7 LOUIS IL JONES, Bayside - District 4 REBA S. McCLANAN, Rose Hall - District 3 ROBERT C. MANDIGO, JIL, Kempsville - District 2 NANCY K. PARKER, At-l. zwge ROSEMARY WILSON, At-Large- JAMES K. SPORE, City Manager LESLIE L LILLEZ, City Attorney RUTH HODGES-$MITH, MMC, City Clerk CITY COUNCIL AGENDA CIIT ttALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-9005 PHONE: (757) 427.430~t FAX: (757) 426-5669 EMAIL' Ctycncl ~ city. virginiad,eaci~ v,, ar March 12, 2002 CITY COUNCIL'S BRIEFING A. CONVENTION CENTER SOM Planning Consultants - Conference Room - 3:00 PM H. REVIEW OF AGENDA ITEMS 1TI'. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER- Mayor Meyera E. Oberndorf 5:00 PM B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM · A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Joseph Stallings, Jr. City of Refuge Christian Church of Vir~nia Beach C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AME~CA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL AND FORMAL SESSIONS March 5, 2002 G. AGENDA FOR FORMAL SESSION PUBLIC HEARING 1. ELECTION DISTRICT PRECINCT CHANGES: Establish a new polling place for the Capps Shop voting precinct Close the Hilltop voting precinct Modify the boundaries for the Oceana, Linkhom, Eastern Shore, South Beach, North Beach, Bellamy, and Round Hill voting precincts ORDINANCES/RESOLUTION 1. Ordinance to AMEND and REORDAIN § 10-1 of the City Code to: ao Move the polling place for the Capps Shop Precinct from the Mosquito Conh-ol B-ailding to Back Bay Christian Assembly at 1196 Princess Anne Road Close ~e Hilltop Precinct at -- ' ~' .... ~---~ * --" ..... ~' ..... '- Modi~ the boodles for the Oce~a, L~om, E~tem Shore, South Beach, No~ Beach, Bellmy ~d Ro~d Hill vot~g precincts Ordinance to ACCEPT and APPROPRIATE $12,826 from the Federal Government to the FY 2001-02 operating budget of the Social Services Department re enhancement of adoption-related services. o Ordinance to AUTHORIZE the City Manager to execute a Deed of Release and Exchange re an agricultural land preservation easement owned by Mildred C. Furlough on Indian Creek Road. Resolution to AUTHORIZE the City Manager to sign a Memorandum of Agreement to improve the wetlands compensation process in the Southern Watershed Area Management program (SWAMP). Jo PLANNING Application of COLONEL WILLIAM H. and JO A. GALLUP for an enlargement/ conversion of a nonconforming use and add an addition, enclose the deck and shed with a second floor addition to the structure at 304 45th Street, containing 6,477.5 square feet. (BEACH - DISTRICT 6) Recommendation: DENIAL Application of WOODFIN HEATING, INC., for a Conditional Use Permit for an automobile service station on the east side of First Colonial Road, north of Virginia Beach Boulevard, containing 41,817.6 square feet. (BEACH - DISTRICT 6) DEFERRED: Recommendation: February 12, 2002 February 26, 2002 APPROVAL Application of TYSINGER MOTORSPORTS, L.L.C., a Virginia limited liability company, for a Conditional Use Permit re a small engine repair establishment (motorcycles) on the south side of Virginia Beach Boulevard, east of Fair Meadows Road (5503 Virginia Beach Boulevard), containing 0.9392 acres. ( KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL Application ofARACELI G. DIAZ and VICTORIA GUMAPAS for a Conditional Use Permit re housing for seniors and disabled persons on Lot 27, Block L, Fox Run, Section Two (901 Marlborough Circle), containing 10,360 square feet. ( KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL Application of CENTRAL PARK ASSOCIATES, L.L.C., for a Change of Zoning District Classification from R-7.5 Residential to Conditional B-2 Community Business re property on the south side of Bonney Road, east of Witchduck Road (5129 Bonney Road), containing 4 acres. ( KE1VIPSVILLE - DISTRICT 2) Recommendation: APPROVAL K. APPOINTMENTS 1. SHORE DRIVE ADVISORY COMMISSION 2. TIDEWATER REGIONAL GROUP HOME COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 2002-2003 RESOURCE MANAGEMENT PLAN SCHEDULE - REVISED City Manager's FY 2002-2003 Proposed Resource Management Plan Council Chamber March 26t~ Presentation 6 PM Council Workshop Economic Vitality, Safe Community, Policy and Decision Support Council Conference April 2nd room Quality Education for Lifetime Learning Council Conference April 9th Council Workshop room Council Workshop Quality Physical Environment & Operational Support Council Conference April 16th room Public Hearing Public Comment on Proposed FY 2002-200:3 Resource Management Frank W. Cox High April 18a Plan School 6:00 PM Council Workshop Cultural & Recreational Opportunities, Family & Youth Council Conference April 2:3rd Opportunities room Public Hearing Public Comment on Proposed FY 2002-200:3 Resource Management Council Chamber April 2:3rd Plan 6 PM Council V¢orkshop Reconciliation of outstanding resource iSSUes Council Conference May 9~ Room 3 PM Adoption of FY 2002-2003 City Council Vote on Resource Management Plan Council Chamber May 14th Resource Management Plan (will include Public Hearing) 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) 03/12/02gw AGENDA\03/12/02 www.vbgov.com CITY COUNCIL'S BRIEFING A. CONVENTION CENTER SOM Planning Consultants REVIEW OF AGENDA ITEMS - Conference Room - 3:00 PM Ill. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Joseph Stallings, Jr. City of Refuge Christian Church of Virginia Beach C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION Fo MINUTES 1. INFORMAL AND FORMAL SESSIONS March 5, 2002 G. AGENDA FOR FORMAL SESSION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WttEREAS: 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 HEARING ELECTION DISTRICT PRECINCT CHANGES: ao Establish a new polling place for the Capps Shop voting precinct Close the Hilltop voting precinct Modify the boundaries for the Oceana, Linkhom, Eastern Shore, South Beach, North Beach and Bellamy voting precincts Sunday, February 24, 2002 Sunday, March 3, 2002 PUBUC HEARING ESTABUSHING A NEW POUJNG PLACE FOR THE CAPP$ SHOP PRECINCT, CLOSING THE HIU.TOP PRECINCT AND CHANGING THE BOUNDARY UNES FOR THE OCEANA, UNKHORN, EASTERN SHORE SOUTH BEACH, NORTH BEACH AND BELLAMY PRECINCTS CITY OF VIRGINIA BEACH The City Cmmcil of Virginia Beach, Virginia at its formal session on March 12, 2002. at 6:00 P.M.. will consider an ordinance to change the polling place for the Capps Shop precinct, close the Hilltop Pre- cinct and modity the bounpapj lines of the Oceane, Linkhorn, Eastern Shore. South Beach, ~ Beach, Bellamy and Round Hill Precincts. The ordinance proposes that the Capps Shop precinct polling place be moved from the Idos~luito Control BtJilding al 1848 Pleasant Ridge Road, which is being demol- ished, to Back Bay Christian Academy at 1196 Princes~ Anne Road. it further proposes that Oceana, I.inkhorn. Eastern Shore, South Beach. North Beach precinct boundaries be modified to accommodate voters from the current Hilltop precinct be moved; it also proposes that the Bellamy precinct be reduced in size. so some of its voters will be moved to the Round Hill precinct. After adoption by City Council and following approval by the United States Department of Justice, pursuant to the Voting Rights Act of 1965. as amended, the Capps Shop precinct polling place change will be effective in June 2002; the remainder of the changes will be effec- tive after July 2002. Descriptions and maps of th.e proposed precinct, precinct boundary and polling place changes, as well as a copy ol the aforesaid ordinance, may be inspected in the Voter Registrar's Office which is located at 2449 Princess Anne Road. Municipa Center. Buikt lng 14. Virginia Beach. Virginia. 23456. The public heating will be conducted in the City Council Chamber of the Administration Building (Building #1) at the Municipal Center. If you are physically disabled or visually impaired and need assistance at !his meeting, please call the CITY CLERK'S OFFICE at 427-4303; Hear- mg Impaired. call: TDD only 427-4305 (TDO- Telephonic Device for the Deaf). Ruth Hodges Smith. MMC City Clerk Beacon Februan/24. 2002 and March 3. 2002 1208368 ORDINANCESfRESOLUTION 1. Ordinance to AMEND and REORDAIN § 10-1 of the City Code to: Move the polling place for the Capps Shop Precinct from the Mosquito Coiitrol Buildhig to Back Bay Christian Assembly at 1196 Princess Anne Road Close the Hilltop Precinct at Good Sh¢i~h¢id Luth¢~-a~ Church Modify the boundaries for the Oceana, Linkhom, Eastern Shore, South Beach, North Beach, Bellamy and Round Hill voting precincts Ordinance to ACCEPT and APPROPRIATE $12,826 from the Federal Government to the FY 2001-02 operating budget of the Social Services Department re enhancement of adoption-related services. Ordinance to AUTHORIZE the City Manager to execute a Deed of Release and Exchange re an agricultural land preservation easement owned by Mildred C. Furlough on Indian Creek Road. Resolution to AUTHORIZE the City Manager to sign a Memorandum of Agreement to improve the wetlands compensation process in the Southern Watershed Area Management program (SWAMP). CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: An Ordinance to Amend and Reordain Section 10-1 of the City Code by Moving The Capps Shop Precinct To A New Polling Location, Closing the Hilltop Precinct and Boundary Line Changes for Oceana, Linkhorn, Eastern ShOre, South Beach, North Beach, Bellamy and Round Hill Precincts. MEETING DATE: March 12, 2002 Background: The Virginia Beach Electoral Board voted on February 5, 2002 to move the polling location for the Capps Shop precinct because of the demolition of the Mosquito Control Building, the current facility. They also voted to close the Hilltop precinct because the current polling location is no longer available and change the boundary lines of the Oceana, Linkhorn, Eastern Shore, South Beach and North Beach precincts to accommodate the voters of the Hilltop precinct. The Boundary line of the Bellamy precinct will also be changed in order to reduce the number of voters in the precinct by moving them to the Round Hill precinct. Considerations: Capps Shop Precinct is currently located at the Mosquito Control Building located at 1848 Pleasant Ridge Rd. The facility will soon be demolished. The polling location will be moved to Back Bay Christian Assembly located at 1196 Princess Anne Rd. This location does meet requirements of the Americans with Disabilities Act. Hilltop Precinct is currently located at Good Shepherd Lutheran Church which is no longer available to be used as a polling location. Boundary line changes will be made to Oceana, Linkhorn, Eastern Shore, South Beach and North Beach precincts to accommodate the voters of the Hilltop precinct. Bellamy Precinct exceeds the number of registered voters permitted by law and must necessarily be reduced in size. A portion of the voters of the precinct will be moved to the Round Hill Precinct located at Salem High School, 1993 Sun Devil Dr. The Capps Shop precinct will become effective in June 2002, and the other changes will become effective after July 2002. All changes will be contingent 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. Voters of the Capps Shop precinct, and the affected voters of the Hilltop and Bellamy precincts 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 also be prepared to alert voters. Budgetary Impact: The cost for the notification of citizens will be $2,500.00. Recommendations: Approval Attachments: Ordinance Recommended Action: Submitting Department/Agency: Marlene Claya Hager, Voter Registrar City M a n a g e r:(~.~p~,5 ~, ~(~)i~L' ~/,~..~ F:~Data~ATY~OI~j~t~NONCODE\Sect. 10-1 Hilltop.arf.w pd 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND AND REORDAIN CITY CODE ~ 10-1 BY MOVING THE POLLING PLACE FOR THE CAPPS SHOP PRECINCT, CLOSING THE HILLTOP PRECINCT, AND CHANGING THE BOUNDARY LINES FOR OCEANA, LINKHORN, EASTERN SHORE, SOUTH BEACH, NORTH BEACH, BELLAMY AND ROUND HILL PRECINCTS 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 SECTION AMENDED: ~ 10-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section I0-1 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 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) Back Bay Christian Assembly Centerville Elementary School Bayside Baptist Church College Park Elementary School Colonial Baptist Church 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Colony Courthouse Creeds Culver Dahlia Davis Corner Eastern Shore Edinburgh Fairfield Foxfire Glenwood Great Neck Green Run 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 Lynnhaven Colony Congregational Church Courthouse Fire Station Creeds Fire Station Ocean Lakes High School Green Run High School Bettie F. Williams Elementary School Eastern Shore Chapel St. Aidan's Episcopal Church Fairfield Elementary School Princess Anne Middle School Glenwood Elementary School Ail Saints Episcopal Church Green Run Elementary School 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 First Baptist Church of Virginia Beach Ocean Lakes Elementary School Bayside Christian Church 7O 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Oceana Old Donation Pembroke Plaza Point O'View Providence Red Wing Rosemont Forest Roundhill 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 Scott Memorial United Methodist Church Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Elementary School Kempsville Church of Christ Kempsville Recreation Center Seatack Elementary School Rosemont Forest Elementary School Salem High School Virginia Beach Volunteer Rescue Squad Building Salem United Methodist Church 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 Tha!ia 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 103 BE IT FURTHER ORDAINED: 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 That the following precinct boundary changes, as described below and set forth in greater detail in the maps labeled "Precinct Boundary Changes" filed with the City Clerk on March 5, 2002, are hereby approved: Precinct Name Chanqe (a) Hilltop (b) Oceana Precinct closed, split between Oceana and Linkhorn precincts. Northern boundary moved to take part of old Hilltop precinct. (c) Linkhorn Western boundary moved to pick up part of old Hilltop precinct. (d) Eastern shore Eastern boundary moved to absorb western half of existing Oceana precinct. (e) North Beach Southern boundary extended to pick up territory of existing South Beach precinct. (f) South Beach Western boundary moved to absorb part of existing Linkhorn precinct. (g) Bellamy Southeastern corner moved to Round Hill precinct. 128 129 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2002. CA-8410 DATA/ORDIN/PROPOSED/10-1 Hilltop.ord R3 March 4, 2002 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: ~ity Attorne~-Office 4 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Adoption Incentive Funds MEETING DATE: March 12, 2002 Background: The Federal Adoption and Safe Families Act of 1997 authorizes adoption bonuses for states that increase the number of foster children who are adopted. To draw down these federal funds, Virginia established preliminary baseline data on the number of adoptions for fiscal year 1997. The baseline was determined by averaging the number of children leaving care through adoption for fiscal years 1995, 1996, and 1997. Each locality was also responsible for submitting data on every adoption that was finalized in their city between October 1,1999 and September 30, 2000. The Virginia Beach Department of Social Services finalized 17 adoptions during this reporting period (4th in the state), which accounted for 6.05% of all adoptions in Virginia. The data was submitted to the federal government, and as a result, the agency received an Adoption Incentive of $12,826. Considerations: The Adoption Incentive funds are specifically for activities that enhance the adoption program of the department. These enhancements can include staff training, the purchase of equipment, or other activities that support the adoption program. A major support activity for the department has been the development and implementation of the Life Book Project. Life books are valuable tools for both foster and adoptive children. They provide a sense of continuity for the children and help them to maintain their roots. Adoptive and foster families view the Life books as valuable tools to acquaint them with the children in their care. These funds will also aid the department's goal of removing the children out of foster care and into adoptive homes as rapidly as possible. Currently, the stay of children in foster care in Virginia Beach is among the shortest in the nation. It is usually 18 months or less. The Federal Adoption and Safe Family Act requires that agencies move children out of foster care within a year. For those children who are freed for adoption, it is incumbent upon the agency to act judiciously to find parents for the children as soon as possible. This small grant would enable us to buy additional equipment and secure training to facilitate this process. Failure to accept this small grant could retard our efforts to meet federal and state mandates as well as finding safe permanent homes for our children. No local match is required. Alternatives: No other funding alternatives have been identified. Recommendations: Accept and appropriate $12,826 in Federal Adoption Incentive Funds. Attachments: Ordinance and Award Letter Recommended Action: Approve Ordinance Submitting Department/Agency: Department of Social Services City Manage~ 1~_, ~¢y~,'~.' ~ta~ATY~Ordin\NONCODE\lncentivearf.wpd 1 2 3 5 6 7 AN ORDINANCE TO ACCEPT AND APPROPRIATE $12,826 IN ADOPTION INCENTIVE FUNDS FROM THE FEDERAL GOVERNMENT TO THE FY 2001-02 OPEP~ATING BUDGET OF THE DEPARTMENT OF SOCIAL SERVICES TO ENHANCE ITS ADOPTION-RELATED SERVICES 8 9 10 11 12 13 14 15 16 17 18 WHEREAS, the Federal Adoption and Safe Families Act of 1997 authorizes adoption bonuses for states that increase the number of foster children who are adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $12,826 in adoption incentive funds from the Federal Government is hereby accepted and appropriated to the FY 2001-02 Operating Budget of the Department of Social Services to enhance the Department's adoption-related services. 2. That estimated revenue from the Federal Government in the FY 2001-02 Operating Budget is hereby increased by $12,826. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. 21 Requires an affirmative vote by a majority of the members of City Council. 22 23 24 25 CA-8420 Ordin/Noncode/Incentiveord.wpd R-1 March 1, 2002 26 27 28 29 Approved As to Content: Management Services Approved As To Legal Sufficiency: DATE: April 6, 2001 TO: Local Departments of Social Services Directors, Foster Care and Adoption Staff, Regional Foster Care and Adoption Consultants FROM: Brenda Kerr, Adoption Program Manager SUBJECT: Adoption Incentive Funds and OASIS Issues CONTACT: Brenda Kerr (804) 692-1290. Bik2~_dss.state. va.u,~ GOOD NEWSI VIRGINIA HAS RECEIVED ADOPTION INCENTIVE FUNDS FOR FISCAL YEAR 1999. Adoption Incentive Funds The Adoption and Safe Families Act of 1997 authorizes adoption bonuses for states that increase the number of foster care children who are adopted. To draw down these federal funds, Virginia had to establish preliminary baseline data on the number of adoptions for fiscal year 1997. The baseline was determined by averaging the number of children leaving care through adoption for fiscal years 1995, 1996, and 1997. Virginia's 1997 baseline was 298 children. For each adoption in 1998 over the baseline, Virginia would have received $4,000 per child plus an additional $2,000 if the child adopted was receiving Title IV-E adoption assistance. To receive the adoption incentive funds, statistical data is submitted to the federal government through our AFCARS semi-annual submissions. Virginia did not receive adoption incentive funds for fiscal year 1998 because the adoption information required for incentive funds was not entered into OASIS. Our adoption rate was also under-reported in 1999. However, the federal government was aware of the fact that adoptions in Virginia were increasing although our AFCARS submissions did not reflect an increase. The federal government advised that we could re-submit the 1999 AFCARS data. Consequently, we completed a data run from ARRIS to identify those children who had a final order of adoptio.n entered in fiscal year 1999. ARRIS is another computerized information system but data is entered exclusively by central office staff on all adoption petitions filed in Virginia. ARRIS provides broader information on children adopted in virginia but includes those children who were adopted from the foster care system. The ARRIS printout, which showed the number of final orders of adoption for children in public agency custody, was compared with a listing of children in OASIS. In some cases, the children had a Fax Note 7671 case in OASIS but sufficient information had not been entered to meet the AFCARS requirements. In other cases, there was not an OASIS case. With the help of stafffrom OASIS, local workers were contacted and willingly agreed to enter the critical information for those children who had a case record in OASIS. For the remaining cases, an OASIS case was created here in central office and the required information was entered by central office. As a result of this effort, Virginia showed an increase in the number of children 'adopted in 1999 over the 1997 baseline. Adoption Incentive Funds in the amount of $212,000 have been awarded. Following is a list of the agencies that increased their adoptions in 1999 and the amount of money awarded to each agency. The money that is allocated must be spent on adoption services. The money will be available through the LASER financial system. I would like to take this opportunity to thank all of you for the efforts you are making to increase the number of children in foster care achieving the permanency goal of adoption. You are doing a great job and your efforts need to be recognized and rewarded! Fiscal Year 2000 Your efforts cannot be recognized if the critical information is not entered into OASIS in a timely manner. Although the federal government gave us a chance to correct our 1999 data, it is not likely that we will get this chance for the 2000 data. A preliminary review of data from ARRIS indicates that Virginia might be eligible for adoption incentive funds for 2000. A list of adoption cases in OASIS with a finalized date of 10/1-99-9/31/00 will be sent to each agency. Please check your cases to be sure they have all the critical data elements completed and to be sure you have entered all finalized adoption cases. The following data elements in the adoption file must be entered by the local worker for the determination of incentive payments: Date adoption finalized (Workload/Adopt/General Information/date adoption finalized) Child placed from - must show ~ither within State or within locality (Workload/Adopt/General Information/child placed from) Child was placed by- must show public agency (VVorkload/Adopt/General Information/child placed by) Is the child eligible for title IV-E adoption assistance (VVorldoad/Adopt/Subsidy) Please make sure that all adoption finalized in federal fiscal year 2000 ('October 1, 1999 - September 31, 2000) are entered into OASIS. The necessary information can be entered on cases that have already been dosed. The information must be entered before Apdl 30, 2001 for all cases that have a final order of adoption. Be sure that you re-open the adoption case and not the foster care case. The closed case will no longer be available from the worker's workload so a search must be completed. -From the Workload dialog box, click on case & Existing, then search from the case search box. Enter the last name of the family and choose your locality, dick on OK. When results occur, highlight the case. and dick on show. Click on the summary screen and dick on the reopen button. The assign/transfer screen appears. Click on new, choose the appropriate unit and worker, complete the summary box (reopen to complete AFCARS fields), and click on OK. This defaults to update case type history box, which will show adoption and the current date. Click on cancel; click on the Adopt button and complete screens as needed. The case should then be closed with the reason from the pick list of "re-opened existing". Thanks again for all the hard work on getting children permanent homes through adoption. It is my hope that we can continue to increase the number of children who achieve adoption and if we continue to work collaboratively, that hope can be a real possibility. 001 003 013 015 019 027 031 041 043 047 051 053 059 061 065 067 O69 073 087 O89 105 107 109 117 121 135 143 153 155 159 161 163 167 169 177 179 185 193 195 199 510 52O 530 550 Name of Agency Accomack Albemarle Arlington Augusta Bedford County Buchanan Campbell Chesterfield Clarke Culpeper Dickenson Dinwiddie Fairfax County Fauquier Fluvanna Franklin County Frederick Gloucester Henrico Henry Lee Loudoun Louisa Mecklenburg Montgomery Nottoway Pittsylvania Pdnce William Pulaski Richmond County Roanoi~e County Rockingham Russell Scoff Spotsylvania Stafford Tazewell Westmoreland Wise York Alexandria Bdstol Buena Vista Chesapeake Number of Adoptions Over Last Year 2 6 10 2 2 1 5 9 1 4 1 3 19 3 3 1 7 3 1 1 1 9 2 1 4 3 3 11 1 1 1 5 1 2 2 3 2 1 2 5 12 1 1 5 Pement ol~ Adoptions 0.71% 2.14% 3.56% 0.71% 0.71% 0.36% 1.78% · 3.20% 0.36% 1.42% 0.36% 1.07% 6.76% 1.07% 1.07% 0.36% 2.49% 1.07% 0.36% 0.36% 0.36% 3.20% 0.71% 0.36% 1.42% 1.07% 1.07% 3.91% 0.36% 0.36% 0.36% 1.78% 0.36% 0.71% 0.71% 1.07% 0.71% 0.36% 0.71% 1.78% 0.00% 4.27% 0.36% 0.36% 1.78% Adoption Incentive Awards $212.000 $1,509 4,527 7,544 1,509 1,509 754 3,772 6,790 754 3,018 754 2.263 14,335 2.263 2,263 754 5,281 2,263 754 754 754 6,790 1,509 754 3,018 2,263 2,263- 8,299 754 754 754 3,772 754 1,509 1,509 2,263 1,509 754 1,509 3,772 9.053 754. 754 3,772 59O 595 630 64O 65O 660 670 68O 700 710 720 730 740 760 770 800 810 82O 840 Danville Emporia Fredericksburg Galax Hampton Harrisonburg Hopewell Lynchburg Newport News Norfolk Norton Petersburg Portsmouth Richmond City Roanoke City Suffolk Virginia Beach Wayne;bom Winchester State Office 8 1 3 2 3 2 1 6 16 4 1 3 6 19 2O 4 17 1 1 281 2.85% 0.36% 1.07% 0.71% 1.07% 0:71% 0.36% 2.14% 5.69% 1.42% 0.36% 1.07% 2.14% 6.76% 7.12% 1.42% 6.05% 0.36% 0.36% 0.00% 87.54% 6,036 754 2,263 1,509 2,263 1.509 754 4,527 12,071 3,018 754 2,263 4,527 14,335 15,089 3,018 12.826 754 212,000 TOTP, L P. 85 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance Authorizing and Directing the City Manager to Execute a Deed of Release and Exchange Pertaining to an Agricultural Lands Preservation Easement Located on Land of Mildred C. Furlough MEETING DATE: March 12,2002 Background: Mildred C. Furlough placed a tract of land located on Indian Creek Road, Princess Anne District, in the City's Agricultural Reserve Program (ARP) on June 8, 2001. As part of the transaction, she reserved for future development 5 building sites (i.e., the ARP easement did not encumber those sites). The applicant now desires that City release the ARP easement from one of the reserved sites and, in exchange, place the easement on another portion of the property not presently under an ARP easement. Considerations: The attached survey shows the areas which would be exchanged. The respective areas are approximately equal in area (the new reserved site would be 39 square feet, or less than one one-thousandth (.001) of an acre, greater than the existing area). Both the existing area reserved for future development and the proposed area front on Indian Creek Road; the proposed reserved area, however, would have considerably less road frontage. Thus, the area under the City's ARP easement would have a greater road frontage. The appraiser who appraised the property for the original ARP purchase has stated by letter that there is no difference in the market value of the two sites. Section 11 of the Agricultural Lands Preservation Ordinance expressly allows exchanges of the type sought by the applicant, and states that the City Council shall allow such exchanges under certain conditions. Those conditions, which are set forth in the attached ordinance as findings of the City Council, are as follows: (1) the acquisition of the proposed Preservation Easement in lieu of the existing Preservation Easement does not adversely affect the City's interests in accomplishing the purposes of the Ordinance; (2) the proposed Preservation Easement area meets all of the eligibility requirements set forth in Section 7 of the Ordinance; (3) the land to be encumbered by the proposed Preservation Easement is of at least equal fair market value, is of greater value as permanent open space, and of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the property on which the existing Preservation Easement is located; and (4) the consideration for the acquisition of the new Preservation Easement consists solely of the extinguishment of the existing Preservation Easement. The proposed ordinance authorizes and directs the City Manager to execute a Deed of Release and Exchange pursuant to which the area now reserved for future development is exchanged for another reserved area. Such direction is subject to the City Attorney's determination that there are no defects in title to the property to be placed under the ARP Easement or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests. Recommended Action: Approval Submitting Department/Ag,ency: Agriculture Department City Manag~ ~ ~ jy.~, Public Information: No special notice or advertising requirements apply. AIf[ernatives: The City Council may deny the proposed exchange if it finds that the requirements specified above have not been met. Recommendations: Adoption of the ordinance allowing the exchange of reserved sites. Attachments: Survey showing existing and proposed areas reserved for future development. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED OF RELEASE AND EXCHANGE PERTAINING TO AN AGRICULTURAL LANDS PRESERVATION EASEMENT LOCATED ON LAND OF MILDRED C. FURLOUGH WHEREAS, on, the City of Virginia Beach (hereinafter "the City") and Mildred C. Furlough (hereinafter "Furlough") entered into Installment Purchase Agreement Number 2000-28, whereby the City acquired an Agricultural Lands Preservation Easement (hereinafter ~Preservation Easement") upon certain property owned by Furlough; and WHEREAS, as part of the aforesaid transaction, Furlough reserved for future development a portion of property having an area of 3.000 acres, more or less, such that the Preservation Easement does not encumber the reserved area; and WHEREAS, Furlough desires to exchange an area of land not encumbered by the Preservation Easement for an equal area of land which is to be encumbered by the Preservation Easement, as shown on the attached "Exhibit Plat Showing Amended Easement Exceptions on a Portion of Property of Mildred C. Furlough," dated November 7, 2001, and prepared by Jeffrey D. Williams, Land Surveyor; and WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation Ordinance ("hereinafter "Ordinance"), a landowner may petition the City Council for the extinguishment of a Preservation Easement in exchange for the conveyance to the city of a Preservatio~ Easement on a different portion of the landowner's property, under certain conditions set forth in the Ordinance; and WHEREAS, the Ordinance provides that the City Council shall approve such an exchange if it makes certain findings enumerated in the Ordinance; and 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65. to-wit: WHEREAS, the City Council does hereby make such findings, (1) the acquisition of the proposed Preservation Easement in lieu of the existing Preservation Easement does not adversely affect the City's interests in accomplishing the purposes of the Ordinance; (2) the proposed Preservation Easement area meets all of eligibility requirements set forth in Section 7 of the the Ordinance; (3) the land to be encumbered by the proposed Preservation Easement is of at least equal fair market value, is of greater value as permanent open space, and of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the property on which the existing Preservation Easement is located; and (4) the consideration for the acquisition of the new Preservation Easement consists solely of the extinguishment of the existing Preservation Easement. NOW, THEREFORE, BE IT ORDAINED BY TH~ CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That subject to the determination of the City Attorney that there are no defects in title to the property to be placed under the Preservation Easement or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, the City Manager be, and hereby is, authorized and directed to execute a Deed of Release and Exchange pursuant to which the City releases the existing Preservation Easement on a portion of the property, as shown on the aforesaid survey, and acquires, in exchange therefor, land equal in area to be placed under the Preservation Easement, as shown on such survey. 66 67 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2002. CA-8379 wmm~ordres ~ furloughexchange, ord March 1, 2002 R-1 APPROVED AS TO CONTENT: Ag~i ~1 t'ure ~Dept. ~-- APPROVED AS TO LEGAL SUFFICIENCY: // Z '0 m u3h. J 013.. // ~Z ~o~ ob vIRGiNIA ~%PzONE, ~-~- 8~/~86 w w a:::: o © o z \ \ CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K Spore, City Manager Memorandum of Agreement to Improve the Wetlands Compensation Process MEETING DATE: March 12, 2002 Background: Since 1995, the Cities of Chesapeake and Virginia Beach, the Hampton Roads Planning District Commission and the Virginia Coastal Program have been participating in the Southern Watershed Area Management Program (SWAMP). SWAMP is intended to enhance management of the significant natural resources in the Southern Watershed Area while accommodating needed economic development. A methodology to select wetlands compensation areas for specific wetlands impacts has been developed. This methodology will aid in enhancing a conservation corridor system and will yield other multiple benefits when used in selecting compensation sites, such as water quality protection, floodplains protection, wildlife habitat enhancement, opportunities for compatible recreational activities, ecotourism and environmental education, and stormwater management enhancement. The signatory parties initiated discussions for the Agreement in December, 1999. The agreement has the goals of improving coordination and sharing of information for the wetlands compensation process, continuing development of a conservation corridor system, continuing refinement of a coordinated process for selecting multiple benefit sites for wetlands compensation, and employing the shared methodology when selecting wetlands compensation sites to achieve multiple benefits. Considerations: The Memorandum of Agreement establishes a process for the signatory parties for improving the coordination and communication process for public and private projects involving wetlands compensation in the City. The Agreement clearly establishes that no funds will be required from any party to the agreement. Continued participation under the terms of the Agreement is determined by each signatory agency. The Agreement establishes no time limits for the process entailed for improving coordination and communication concerning the wetlands compensation process, as this process is ongoing. Public Information: As it is instituted by all signatories, the Memorandum of Agreement will institute a predictable and coordinated process for addressing wetlands mitigation issues for public and private projects among all affected parties - the City, the Department of Environmental Quality, the U.S. Army Corps of Engineers - and other advisory agencies. It is suggested that City staff present a report to the City Council on a periodic basis to inform them and the public concerning implementation of the Memorandum of Agreement. Alternatives: Alternatives to this approach considered by staff included a No Action Alternative and an Amendment to the City Zoning Ordinance which would have required a Conditional Use Permit for Wetlands Mitigation Banks in order for the City to determine the location of compensation sites in the City. Both of these alternatives were considered to be undesirable, based on excessive time and cost demands placed on affected parties, and the desire to achieve more predictability and coordination with the overall wetlands compensation process in a manner which allows for flexibility and efficiency. Recommendations: Approval of the Resolution Authorizing the City Manager to Execute the Memorandum of Agreement on Behalf of the City. Attachments: Resolution Memorandum of Agreement IRecommended Action: Approval Submitting Department/Agency: Planning City Manager:~~> 1~, ~~ 1 2 3 4 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN THE MEMORANDUM OF AGREEMENT TO IMPROVE THE WETLANDS COMPENSATION PROCESS 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, the Cities of Chesapeake, Virginia Beach, the Hampton Roads Planning District Commission and the Virginia Coastal Program are currently participating in the Southern Watershed Area Management Program {SWAMP); WHEREAS, the SWAMP program is intended to enhance management of the significant natural resources in the Southern Watershed Area of Chesapeake and Virginia Beach while accommodating the commercial and residential development needs of the two cities; WHEREAS, the goals of the Memorandum of Agreement are to improve coordination and sharing of information among the agencies involved in the wetlands mitigation process in the Southern Watershed Area, to continue refinement of the conservation corridor system for the Southern Watershed Area, particularly as it pertains to the identification of multiple benefits sites to be used for compensation for wetlands impacts, to continue to refine a coordinated process for the selection of multiple benefit sites for compensation of wetland impacts, and to voluntarily employ the shared methodology when selecting compensation sites for wetlands impacts that simultaneously achieve multiple benefits while complying with the existing regulations and maintaining local land use control; and WHEREAS, the City of Virginia Beach shall also participate as a member of the Multiple Benefits Conservation Plan Technical Advisory Committee (TAC), who will provide the organizational structure to implement the Memorandum of Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to execute, on behalf of the City of Virginia Beach, the Memorandum 34 35 of Agreement to Improve the Wetlands Compensation Process, a true copy of which is hereto attached. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the day of March, 2002. 38 39 40 41 CA-8419 bkw/work/moa, wpd R-1 February 27, 2002 42 43 44 APPROVED AS TO CONTENTS: Planni~Department 45 46 47 48 APPROVED AS TO LEGAL SUFFICIENCY: Law Department 2 Memorandum of Agreement Between City of Chesapeake, Virginia City of Virginia Beach, Virginia Hampton Roads Planning District Commission Virginia Dare Soil and Water Conservation District Virginia Department of Conservation and Recreation Virginia Department of Environmental Quality Virginia Department of Game and Inland Fisheries Virginia Marine Resources Commission Virginia Department of Transportation United States Department of AgricUlture, Natural Resources Conservation Service United States National Marine Fisheries Service United States Army Corps of Engineers United States Fish and Wildlife Service United States Environmental Protection Agency The Nature Conservancy To ImProve the Coordination of the Wetlands Compensation Process in the Southern Watershed Area 1. PARTIES TO THE AGREEMENT This Memorandum of Agreement (MOA) is between the following entities: · City of Chesapeake, Virginia · City of Virginia Beach, Virginia · Hampton Roads Planning District Commission · Virginia Dare Soil and Water Conservation District · Virginia Department of Conservation and Recreation · Virginia Department of Environmental Quality · Virginia Department of Game and Inland Fisheries · Virginia Marine Resources Commission · Virginia Department of Transportation · United States Department of Agriculture, Natural Resources Conservation Service · United States National Marine Fisheries Service · United States Army Corps of Engineers · United States Fish and Wildlife Service · United States Environmental Protection Agency · The Nature Conservancy ENABLING AUTHORITY The enabling authority for the participants to enter into the MOA is contained in the following Virginia State Code and United States Code citations: Cities of Chesapeake and Virginia Beach Section 15.2-1300 of the Code of Virginia enables local governments to enter into cooperative agreements to exercise those powers that each may be enabled to exercise. Hampton Roads Planning District Commission Section 15. 2-4205 of the Code of Virginia enables the Hampton Roads Planning District Commission to enter into cooperative agreements with local governments to exercise those powers that each may be enabled to exercise. Virginia Department of Conservation and Recreation Section 10.1-104 of the Virginia Code enables the Director of the Department of Conservation and Recreation to make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers, including-but not limited .to contracts with private nonprofit organizations, the United States, other state agencies and political subdivisions of the Commonwealth. Virginia Dare Soil and Water Conservation District Virginia Department of Environmental Quality Section 10.1-1186 of the Virginia Code grants the Director of the Department of Environmental Quality the power, or to delegate as appropriate, to make and enter into. all contracts and agreements necessary or incidental ..to the'performance of its duties and the execution of its powers under this chapter, including, but not limited to, contracts with the United States, other states, other state agencies and governmental subdivisions of the Commonwealth. Virginia Department of Game and Inland Fisheries. Section 29.1-109 of the Virginia Code grants the Director the power to make and enter into all contracts and agreements necessary or incidental to the performance of his duties and the execution of his powers, including, but not limited to, contracts with the United States, other state agencies and govemmental subdivisions of the Commonwealth. Virginia Marine Resources Commission Section 28.2-202 grants the Commissioner to provide for the development of programs designed to enhance and improve commercial and sport fisheries in Virginia's tidal waters. Virginia Department of Transportation Section 10.1-2202 of the Virginia Code grants the Director the power to make and enter into all contracts and agreements necessary or incidental to the performance of his duties and the execution of his powers, including, but not limited to, contracts with private nonprofit organizations, the United States, other state agencies and political subdivisions of the Commonwealth. United States Department of Agriculture, Natural Resources Conservation Service Section 590a of Title 16 of the United States Code states that the Secretary of Agriculture shall coordinate and direct all activities with relation to soil erosion and in order to effectuate this policy is authorized to cooperate or enter into agreements with, or to furnish financial or other aid to, any agency, governmental or otherwise, or any person, subject to such conditions as he may deem necessary. United States National Marine Fisheries Service United States Army Corps of Engineers Section .2313 of Title 33 of the United States Code authorizes the Secretary of the Army to utilize Army Corps of Engineers laboratories and research centers to undertake, on a cost-shared basis, collaborative research and development with non-Federal entities, including State and local government, colleges and .universities, and-corporations, partnerships, sole proprietorships, and trade associations which are incorporated or established under the laws of any of the several States of the Unites States or the District of Columbia. United States Fish and Wildlife Service Section 661 of Title 16 of the United States Code .(Fish and Wildlife Coordination Act) grants the Secretary of the Interior the authority to provide assistance to, and cooperate with, Federal, State and public or private agencies and organizations for the conservation of fish and wildlife and their habitats. United States Environmental Protection Agency The Nature Conservancy 3. CONTEXT The Cities of Chesapeake and Virginia Beach, the Hampton Roads Planning District Commission and the Virginia Coastal Program are currently participating in the Southern Watershed Area Management Program (SWAMP). SWAMP is intended to enhance management of the significant natural ~'esources in the Southern Watershed Area of Chesapeake and Virginia Beach while accommodating the commercial and residential development needs of the two cities. The Southern Watershed Area (SWA) consists of the sub-watersheds of Back Bay, the North Landing River, and the Northwest River. One of the subtasks of SWAMP is the development of the Multiple Benefits Conservation Plan (MBCP). The MBCP focused on the following two areas: A set of riparian-based conservation corridors for the SWA has been identified. Proper management of lands in these corridors will provide multiple benefits including, but not limited to, the following · · · · · · · · · Water quality protection; Wildlife habitat enhancement; Natural Heritage Resource protection; Opportunities for compatible recreational activities; Opportunities for nature-based tourism; Opportunities for environmental education; Potential wetlands compensation capability; Storm water management; Ground water recharge. A methodology to select wetlands compensation areas for specific wetlands impacts has been developed. This methodology will aid in enhancing the conservation corridor system and Will yield multiple benefits' when used in the selection of compensation sites. In December 1999 a Technical Advisory Committee consisting of representatives from the Cities of Chesapeake and Virginia. Beach, the HRPDC, Landmark Design, project consultant, the Virginia Department of Conservation and Recreation, the Virginia Department of Environmental Quality, the Virginia Department of Game and Inland Fisheries, the Virginia Department of Transportation, the Virginia Marine Resources Commission, the United States National Marine Fisheries Service, the United States Army Corps of Engineers, the United States Environmental Protection Agency, the United States Fish and Wildlife Service and the United States Department of Agriculture, Natural ResOurces Conservation Service began meeting. These meetings contributed to the production of 4 two reports that are pertinent references in the implementation of this MOA. The first report is titled Conservation Plan for the Southern Watershed Area and was prepared by the Virginia Department of Conservation and Recreation (NatUral Heritage Technical Report 00-12), February 2001. This report evaluates the significant natural resources of the Southern Watershed, describes a range of options for the conservation corridors and provides information on stewardship and protection methods. The 'second report is titled the Multiple Benefits Conservation Plan for the Southern Watershed Are~ and was prepared by Landmark Design Group, July, 2001. This report describes a methodology for selecting multiple benefit compensation sites for wetlands impacts in the Southern Watershed and identifies a set of focus areas to compensate for the loss of specific natural system functions. PURPOSE OF THE AGREEMENT This A. Memorandum of Agreement is intended to achieve the following goals: Improve coordination and sharing of information among the agencies involved in the wetlands mitigation proCess 'in the Southern Watershed Area. Continue refinement of the conservation corridor system for the Southern Watershed Area, particularly as it pertains to the identification of multiple benefits sites to be used for compensation for wetlands impacts. Continue to refine a coordinated process for the selection of multiple benefit sites for compensation of wetland impacts. Voluntarily employ the shared methodology when selecting compensation sites for wetland impacts that simultaneously achieve multiple benefits while complying with existing regulations and maintaining local land use control. Nothing in this MOA supercedes or alters application of existing state and federal wetland regulations. Nor does this MOA alter the mitigation sequence of avoidance of wetland impaCts,, minimization of impacts and compensation for unavoidable impacts. This agreement is primarily intended to improve the site selection process when off-site wetlands compensation is warranted. The methodology is also applicable to the sitting of wetland mitigation banks. STRUCTURE OF THE TECHNICAL ADVISORY COMMITTEE The Multiple Benefits Conservation Plan Technical Advisory Committee (TAC) will provide the organizational structure to implement this MOA. The TAC will consist of one representative from each signatory agency, as designated by that agency head. Other representatives of the signatory agencies may participate in the TAC meetings as needed and assist in achieving the goals of the MOA. 6. TERMS OF THE AGREEMENT The signatory agencies of this MOA agree to the following: A. To improve coordination and sharing of information: Bo · The TAC will meet quarterly, or as needed, to share information on pending mitigation projects, mitigation bank sitting, evolving regulations and other pertinent topics, · The TAC will work toWards a shared, database and GIS systems related to .multiple benefit conservation planning to improve the efficiency and effectiveness of the compensation site selection process. Integrate the mapping and methods contained in _Conservation Plan for the Southern Watershed Area and Multiple Benefits Conservation Plan for th~. Southern Watershed Area to refine the definition of the conservation corridor system. Employ the shared methodology for selecting wetlands compensation sites:. When feasible, select or recommend the selection of compensation sites that enhance the conservation corridor system depicted on the map in Appendix A. Goals of the enhancement process inClude, but are not limited to, the following: Do · Improvement of water quality protection, · Improvement of storm water management, · Protection and enhancement of critical habitat, · Provision of compatible recreational and educational opportunities. Refine the multiple benefits site selection process outlined in Multiple Benef. its Conservation Plan for the Southern Watershed Area based' on the experience gained, by the TAC in analyzing mitigation site options. In addition to its role as a member of the TAC, the HRPDC will perform the following functions in support of the MOA: · The HRPDC will serve as a clearinghouse for information on wetlands mitigation in .the Southern Watershed Area. · The HRPDC will provide technical support through the use of GIS modeling to identify and rank potential multiple benefits sites upon the request of one or more of the participating agencies. · The HRPDC will be responsible for calling the meetings of the TAC and recording the minutes of the meetings. 6 7. MODIFICATIONS 10. 11. Modifications to this Memorandum of Agreement must be submitted in wri[ing and approved by all parties to the Memorandum of Agreement. EFFECTIVE DATE The effective date of the Memorandum of Agreement shall be the date of the signing of the Memorandum of Agreement by-the Cities of Chesapeake and Virginia Beach and the HRPDC. DURATION AND TERMINATION OF THE AGREEMENT The duration of this Memorandum of Agreement will be until such time as it is terminated upon agreement of all parties; however, any party to the Memorandum of Agreement may terminate its participation by written notice to all other parties. MANNER OF FINANCING This Memorandum of Agreement will not require financing or budgeting from or by the signatory agencies; however, this clause will not preclude, under a separate document or agreement, grant funding or other financial assistance from one signatory to another for the purpose of carrying out the purposes of the Memorandum of Agreement. OWNERSHIP OF PROPERTY It is not the intent of the signatory parties that this Memorandum of Agreement will result in the purchase, ownership, holding or conveying of any real or personal property. APPENDIX A Medium Conservation Corridor Density Map 7 LIST OF SIGNATORIES City of Chesapeake City of Virginia Beach Hampton Roads Planning District Commission Virginia Dare Soil and Water Conservation District Virginia Department of Conservation and Recreation Virginia Department of Environmental Quality Virginia Department of Game and Inland Fisheries Virginia Marine Resources Commission Virginia Department of Transportation United States National Marine Fisheries Services United States Army Corps of Engineers United States Fish and Wildlife Service United States Environmental Protection Agency The Nature Conservancy APPENDIX A MEDIUM CONSERVATION CORRIDOR DENSITY MAP . *nm. ~ · ~ ~oo SIGNATURE PAGE FOR THE CITY OF VIRGINIA BEACH IN WITNESS WHEREOF, the following individuals execute this agreement City Manager, City of Chesapeake City Manager, City of Virginia Beach Executive Director, Hampton Roads Planning District Commission Director, Virginia Dare Soil and Water Conservation District Director, Virginia Department of Conservation and Recreation Director, Virginia Department of Environmental Quality Director, Virginia Department of Game and Inland Fisheries Commission Chair, Virginia Marine Resources Commission Environmental Engineer, Virginia Department of Transportation Virginia State Conservationist, United States Department of Agriculture, Natural Resources Conservation Service Fishery Biologist, United States National Marine Fisheries Services Norfolk District Engineer, United States Army Corps of Engineers Supervisor, Virginia Field Office, United States Fish and Wildlife Service Environmental Scientist, United States Environmental Protection Agency Director, Virginia Chapter, The Nature Conservancy CITY OF VIRGINIA BEACH By: Date: Attest: Date: $. PLANNING Application of COLONEL WILLIAM H. and JO A. GALLUP for an enlargement/ conversion of a nonconforming use and add an addition, enclose thc deck and shed with a second floor addition to the structure at 304 45th Street, containing 6,477.5 square feet. (BEACH - DISTRICT 6) Recommendation: DENIAL Application of WOODFIN HEATING, INC., for a Conditional Use Permit for an automobile service station on the east side of First Colonial Road, north of Virginia Beach Boulevard, containing 41,817.6 square feet. (BEACH - DISTRICT 6) DEFERRED: Recommendation: February 12, 2002 February 26, 2002 APPROVAL Application of TYSINGER MOTORSPORTS, L.L.C., a Virginia limited liability company, for a Conditional Use Permit re a small engine repair establishment (motorcycles) on the south side of Virginia Beach Boulevard, east of Fair Meadows Road (5503 Virginia Beach Boulevard), containing 0.9392 acres. ( KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL Application ofARACELI G. DIAZ and VICTORIA GUMAPAS for a Conditional Use Permit re housing for seniors and disabled persons on Lot 27, Block L, Fox Run, Section Two (901 Marlborough Circle), containing 10,360 square feet. ( KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL Application of CENTRAL PARK ASSOCIATES,.L.L.C., for a Change of Zoning District Classification from R-7.5 Residential to Conditional B-2 Community Business re property on the south side of Bonney Road, east of Witchduck Road (5129 Bonney Road), containing 4 acres. ( KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Col. William H. and Jo A. Gallup, Enlargement and Conversion of a Non- Conforming Use MEETING DATE: March 12, 2002 Background: A Resolution authorizing the enlargement and conversion of a non-conforming use on property located at 304 45th Street. Said pamel contains 6,477.5 square feet. DISTRICT 6 - BEACH. Consideration: The applicant is requesting approval to enlarge and convert the existing guest cottage into a dwelling unit so that their daughter and son-in-law may live in close proximity as the applicants grow older. The applicant has obtained letters of support from the property owners directly adjacent to them. The use is nonconforming because guest houses are not permitted in the R- 7.5 Residential District. Additionally the existing guest cottage contains a kitchen. The applicant wishes to add a 10' by 30' addition across the front of the existing first floor of the cottage, a 2' by 6' addition on the east side of the cottage, enclose the deck and shed, and add a 30' by 30' second floor addition to the structure. The total floor area of the proposed structure will be 1,800 square feet. The structure will contain a small foyer, living room, dining room, kitchen and half bath on the first floor, and three bedrooms and two baths on the second floor. Recommendations: This request cannot be supported. The area is a mix of single-family dwellings, garage apartments, and guest cottages. There are a wide variety of different size cottages and garage apartments immediately surrounding the proposal. However, the proposed enlargement will result in a structure with a floor area more than three times the current floor area. The resulting structure will not be as appropriate to the district as the existing non-conforming use. However, should the request be considered for approval, the attached resolution has several conditions that should be included. Attachments: Staff Report Resolution Recommended Action: Staff recommends denial. ~ Submitting Department/Agency.. Planning Departr~'lent City COL. WILLIAM H. & JO A. GALLUP General Information: March 12, 2002 REQUEST: ADDRESS: Enlargement and conversion of a nonconforming use - additions and alterations to a guest cottage. The applicant is requesting approval to enlarge and convert the existing guest cottage into a dwelling unit so that their daughter and son-in-law may live in close proximity as the applicants grow older. The applicant has obtained letters of support from the property owners directly adjacent to them. The use is nonconforming because guest houses are not permitted in the R- 7.5 Residential District. Additionally the existing guest cottage contains a kitchen. 304 45th Street GPIN: 2418-86-8908 ELECTION DISTRICT: 6-BEACH SITE SIZE: 6,477.5 square feet STAFF PLANNER: Faith Christie Major Issues: Insuring that the enlargement and conversion of the nonconforming guest cottage into a dwelling unit is no more detrimental to the neighborhood, and is as appropriate to the district as the existing non-conforming use. Change to a Non-Conforming Use COL. WILLIAM H. & JO A. GALLUP Page I Land Use, Zoning, and Site Characteristics: Existing Land Use and Zonin_(:l The main dwelling on the property is a nonconforming semi-detached dwelling. It and a garage (now the guest cottage) were constructed in 1945. The main dwelling is attached to the neighboring dwelling to the west by an enclosed breezeway making that unit nonconforming. The guest cottage was originally constructed as a garage and converted to the guest cottage in 1950. The cottage contains a kitchen. The site is zoned R-7.5 Single-family district. Surrounding Land Use and Zoning NoAh: South: East: West: · 45th Street · Across 45th Street are single family dwellings with garage apartments and / or detached cottages / R-7.5 Residential District An alley · Across the alley are garage apartments and / or detached cottages / R-7.5 Single Family District · Single family dwellings with garage apartments and / or detached cottages / R-7.5 Residential District · Single family dwellings with garage apartments and / or detached cottages / R-7.5 Single Family District Zoning and Land Use Statistics With Existing Zoning: With Proposed Zoning: Single family dwelling and any of the permitted and conditional uses in the R-7.5 Residential District The nonconforming semi-detached dwelling and the guest house Zonin,q History There is little zoning history to report in the immediate area. Forty-Fifth Street and the surrounding area appear to be a well-established section of single-family dwellings with detached garages, garage apartments and guest cottages that were built in the 1940s and 1950s. From 1957 to 1973 the site was zoned R-1 One-Family Residence District. From 1973 to 1988 the site was zoned R-6 Residential District. From 1988 to the present the site has been zoned R-7.5 Residential District. Change to a Non-Conforming Use ~ COL. WILLIAM H. & JO A. GALLUP Page 2 Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of 65-70dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics A nonconforming semi-detached dwelling and guest cottage occupy the site. The site is landscaped with mature trees and shrubs. The site is in the Resource Management Area of the Chesapeake Bay Preservation Area. Public Facilities and Services Water and Sewer Water: Sewer: The site is connected to City water. The site is connected to City sewer. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (ClP): Forty-Fifth Street is a local street. It is not on the Master Transportation Plan. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Not Existing Land Use z _ 15 45th Street 6,200 ADT ~ available Proposed Land Use 3.15 Average Daily Trips as defined by Single-family dwelling and garage apartment as defined by Single-family dwelling and garage apartment Public Safety Police: Fire and Rescue: No concerns A certificate of occupancy shall be obtained from the Building Code Official before re-occupying the structure. Any Fire Department concems will be addressed during the building permit process. Comprehensive Plan The Comprehensive Plan Map designates this area of the city as Suburban Residential / Low Density, planned for residential use at or below 3.5 dwelling units per acre. Summary of Proposal The applicant is requesting approval to enlarge and convert the existing guest cottage into a dwelling unit so that their daughter and son-in-law may live in close proximity to the applicants as they age. The applicant has obtained letters of support Change to a Non-Conforming Use COL. WILLIAM H. & JO A. GALLUP Page 3 from the property owners directly adjacent to them. · The use is nonconforming because guesthouses are not permitted in the R-7.5 Residential District. Additionally the existing guest cottage contains a kitchen. The applicant wishes to add a 10' by 30' addition across the front of the existing first floor of the cottage, a 2' by 6' addition on the east side of the cottage, enclose the deck and shed, and add a 30' by 30' second floor addition to the structure. The total floor area of the proposed structure will be 1,800 square feet. The structure will contain a small foyer, living room, dining room, kitchen and half bath on the first floor, and three bedrooms and two baths on the second floor. The proposed structure will complement the main dwelling. It will have a 12/12 hip roof of black asphalt fiberglass shingles. The exterior siding will be lap siding painted white. The windows will be double hung colonial style. The shutters will be dark black-green raised panel style. The doors will be French style. The City Zoning Ordinance defines guest house as "a dwelling or lodging unit for temporary nonpaying guests in an accessory building. No such living quarters shall be rented, leased, or otherwise made available for compensation of any kind, nor shall such quarters include over five hundred (500) square feet of floor area. Kitchen facilities are not permitted." As previously stated in the report the structure was built as a garage in 1945 and converted to the guest cottage in 1950. The guest cottage is nonconforming because it has a kitchen and is not permitted in the R-7.5 Residential District. With the proposed additions and alterations the structure will become a second single-family dwelling on a single lot. Evaluation of Request This request cannot be supported. The area is a mix of single-family dwellings, garage apartments, and guest cottages. There are a wide variety of different size cottages and garage apartments immediately surrounding the proposal. However, the proposed enlargement will result in a structure with a floor area more than three times the current floor area. The resulting structure will not be as appropriate to the district as the existing non-conforming use. The request, therefore, is not acceptable. Section 105(e)(1) states that No nonconforming use shall be converted to another use which does not conform to this ordinance [Staff note: this is what is occurring in this case] except upon a resolution of the city council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use .... When any nonconforming use is converted to another use, the new use and accompanying conditions of development shall conform to the provisions of this ordinance in each respect that the existing use conforms, and in any instance where the existing use does not conform to those provisions, the new use shall not be more deficient. City Council may attach conditions to their approval of the request to insure that the structure meets the intent and purpose of the ordinance. Should City Council determine that the use is "equally appropriate or more appropriate to the distdct than is the existing nonconforming use" and grants approval of the request, the following conditions are recommended: Change to a Non-Conforming Use ~ COL. WILLIAM H. & JO A. GALLUP Page 4 Conditions The additions and alterations to the guesthouse shall be in substantial conformance with the submitted plan titled Physical Survey of Lot 79, Cavalier Shores Section B Virginia Beach, Virginia for William H. Gallup & Jo A. Gallup. Said plan is on file in the Planning Department, City of Virginia Beach. The additions are limited to the 10' by 30' addition across the front of the existing first floor of the cottage, a 2' by 6' addition on the east side of the cottage, enclosing the deck and shed, and adding a 30' by 30' second floor addition to the structure. The structure shall be in substantial conformance with the submitted Front Elevation plan, First Floor plan, and Second Floor plan. Said plans are on file in the Planning Department, City of Virginia Beach. The building materials shall be as specified in the application. The roofing materials shall be asphalt fiberglass shingles, the exterior siding shall be lap siding, and the windows shall be double hung colonial style. 3. Three 9' by 18' parking spaces shall be installed on the site. The spaces shall be finished in concrete, asphalt, or paver blocks. The applicant shall record, prior to the issuance of a building permit, in the City of Virginia Beach Circuit Court Clerk's Office a deed restriction limiting the use of the dwelling only to members of the family of the occupants of the principal dwelling on the lot, and providing that the enlarged and converted structure shall not be offered for sale or exchange, separately from the principal dwelling, for twenty-five (25) years from the date of this approval. Said deed restriction shall be approved by the Office of the City Attomey prior to recordation.. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable Ci~ Codes. Change to a Non-Conforming Use COL. WILLIAM H. & JO A. GALLUP Page Change to a Non-Conforming Use [~~~ COL. WILLIAM H. & JO A. GALLUP Page 6 o Change to a Non-Conforming Use ~/,~~ COL. WILLIAM H. & JO A. GALLUP Page 7 O o Change to a Non-Conforming Use ~°~~ COL. WILLIAM H. & JO A. GALLUP Page 8 0 Change to a Non-Conforming Use COL. WILLIAM H. & JO A. GALLUP Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A RESOLUTION AUTHORIZING THE ENLARGEMENT AND CONVERSION OF A NONCONFORMING GUEST HOUSE INTO A NONCONFORMING SINGLE-FAMILY DWELLING ON PROPERTY LOCATED AT 304 45TM STREET, IN THE BEACH DISTRICT WHEREAS, Col. William H. and Jo A. Ga!lup (hereinafter the "Applicants") have made application to the City Council for authorization to enlarge and convert a nonconforming guest house to a nonconforming single-family dwelling situated on a certain lot or parcel of land having the address of 304 45th Street, in the R-7.5 Residential District; and WHEREAS, the said guest house and proposed single-family dwelling are nonconforming uses, in guest houses are not allowed in the R-7.5 Residential District and the conversion of the proposed guess house into a single-family dwelling would result in there being two single-family dwellings on the lot; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement and conversion of a nonconforming structure is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed structure, as enlarged and converted, will be-equally appropriate or more appropriate to the zoning district than is the existing structure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed structure, as enlarged and converted, will be equally appropriate to the district as is the existing structure. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed enlargement and conversion of the Applicant's guest house into a single-family dwelling is hereby authorized, upon the following conditions: 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 1. The additions and alterations shall be in substantial conformance with the submitted plan titled Physical Survey of Lot 79, Cavalier Shores Section B Virginia Beach, Virginia for William H. Gallup and Jo A. Gallup. Said plan is on file in the Planning Department, City of Virginia Beach. The additions are limited to the 10' by 30' addition across the front of the existing first floor of the guest house, a 2' by 6' addition on the east side of the guest house, enclosing the deck and shed, and adding a 30' by 30' second floor addition to the structure; 2. The structure shall be in substantial conformance with the submitted Front Elevation plan, First Floor plan and Second Floor plan. Said plans are on file in the Planning Department, City of Virginia Beach. The building materials shall be as specified in the application. The roofing materials shall be asphalt fiberglass shingles, the exterior siding shall be lap siding and the windows shall be double-hung colonial style; 3. Three 9' by 18' parking spaces shall be installed on the site. The spaces shall be finished in concrete, asphalt or paver blocks; and 4. The applicant shall record, prior to the issuance of a building Permit, in the City of Virginia Beach Circuit Court Clerk's Office a deed restriction limiting the use of the dwelling only to members of the family of the occupants of the principal dwelling on the lot, and providing that the enlarged and converted structure shall not be offered for sale or exchange, separately from the principal dwelling, for twenty-five (25) years from the date of this approval. Such deed restriction shall be approved by the Office of the City Attorney prior to its recordation. 62 63 the Adopted by the Council of the City of Virginia Beach on day of , 2002. 64 65 66 67 CA-8422 bkw/work/noncongallup.wpd R-1 March 1, 2002 68 69 7O APPROVED AS TO CONTENT: Planning" 71 72 73 74 APPROVED AS TO LEGAL SUFFICIENCY: Depar~nt of Law 3 Item V-K.4. - 45 - PLANNING ITEM # 49350 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED UNTIL CITY COUNCIL SESSION OF MARCH 12, 2002, the Ordinance upon application of WOODFIN HEATING, INC.,for a Conditional Use Permit ORDINANCE UPON APPLICA lION OF WOODFIN HEA TING, INC., FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION Ordinance upon Application of Woodfin Heating, Inc.,for a Conditional Use Permit for an automobile service station on certain property located on the east side of First Colonial Road, 160feet more or less north of Virginia Beach Boulevard (GPIN #2407-86-4082). Said parcel contains 41, 817. 6 square feet. DISTRICT 6 - BEACH. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None February 26. 2002 MAYOR OBERNDORF: February 26, 2002 Are we ready for the question? CITY CLERK: By a vote of 11 to 0 you have approved the Items as read by the Vice Mayor with the abstentions and the nay votes as noted by the Vice Mayor. 3 February 26, 2002 INFORMAL SESSION VICE MAYOR SESSOMS: Woodfin Heating, Incorporated, Linwood? COUNCILMAN BRANCH: Defer to March 12th at the request of the Applicant. FORMAL SESSION PI~YOR OBERNDORF: Okay. We will now go to the portion of the Consent Agenda. Mr. Sessoms. VICE MAYOR SESSOMS: Thank you, Madam Mayor. Moving to Planning. Item Number 1, M & M Contractors, Incorporated, will be pulled. There is an addition on there, so that will be pulled. That was originally on Consent. Item Number 2, R. Matthew McGee for approval. Item Number 3, Nextel Communications for approval. Item Number 4, Woodfin Heating, Incorporated, a deferral unti~ March 12th. Item Number 5, Blue Horseshoe Tattoo Two, Limited, for approval noting a no vote by Mrs. McClanan and the Mayor. Item Number 6, Conditional Use Permits for 6A, Voice Stream Wireless and 6B, Josephine Parker for approval. Item Number 7, City Zoning Ordinances, Item Number 8 -- excuse me. Item Number 7A for an indefinite deferral, noting that Mr. Jones, Mr. Harrison and myself will be abstaining. Item Number 7B, special setback requirements for certain lots within B-3 Central Business District for approval, noting Mr. Jones, Mr. Harrison and myself abstaining. Item Number 7C, the Amendments regarding the maximum building height and hotel density in the RT-1 Resort Tourist District for approval. COUNCII/4AN BRANCH: Second. 2 Virginia Beach City Council February 26, 2002 4:00 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 CLERK: STENOGRAPHIC REPORTER: James K. Spore Leslie L. Lilley Ruth Hodges Smith, MMC Dawne Franklin Meads VERBATIM A~plication of Woodfin Heating, Incorporated 1 6,7 In Not to ~cole C, O03 Gpin 2407-86-4082 1. Conditional Use 6-13-00 Conditional Use 12-7-99 2. Conditional Use 3. Conditional Use 11-13-01 Rezoning (R-D2 1-13-69 4. Conditional Use 5. Conditional Use Rezoning (R-D2 1-13-69 6. Conditional Use 7. Conditional Use 8. Conditional Use ZONING HISTORY Permit (Automobile Repair and Truck Rental).- Apprcved Permit (Automobile Sales, Repair and Truck Rental) Approved Permit (Automobile Repair and Tire Sales) - Approved 2-14-95 Permit (Tattoo Parlor / Body Piercing Establishment) - Denied Residence Duplex to C-L1 Limited Commercial) - Approved Permit (Bulk Storage) Approved 9-8-98 Permit (Communication Towers) -Approved 2-10-98; 4-11-95 Residence Duplex to C-L1 Limited Commercial) - Approved Permit (Automobile Sales and Repair) - Approved 6-25-91 Permit (Automobile Repair) -Approved 8-9-92 Permit (Mini Warehouses) - Approved 5-12-98 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: March 12, 2002 Background: An Ordinance upon Application of Woodfin Heating, Inc., for a Conditional Use Permit for an automobile service station on certain property located on the e~st side of First Colonial Road, 160 feet more or less north of Virginia Beach Boulevard (GPIN #2407-86-4082). Said parcel contains 41,817.6 square feet. DISTRICT 6 - BEACH. This item was deferred by the City Council on February 26, 2002 at the request of the applicant. Considerations: A conditional use permit was issued on this site in March 2000 for automobile repair and truck rentals. The application was approved subject to several conditions, including "no more than then (10) rental trucks on the site at any time" and the storage of the rental trucks in the areas designated on the site plan. The applicant obtained an approved site plan from the City consistent with the conditional use permit, but no improvements were ever made to the site. However, the trucks were stored in the area designated on the site plan, consistent with the conditional use permit. Woodfin Oil is now applying for a conditional use permit foran automobile service station (fleet fuel facility). The proposed site plan shows three (3) fuel pump islands (without a canopy), a paved area, and a maintenance building related to the fueling operation within the area of the site allocated by the previous use permit to the auto repair facility. The same area of the site as designated by the previous use permit for the parking of the rental trucks is still shown. Condition 7 repeats the provisions of the previous use permit regarding the rental trucks. Upgraded landscaping is shown along First Colonial Road. Additional details are provided in the attached staff report. The Planning Commission added Condition 10 to provide additional screening of the rental truck areas from First Colonial Road and Virginia Beach Boulevard. The plan has already been Attachments: ~ Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ I City Manager~,~.~_,~ ~. ~ ~ Woodfin Heating, Inc. Page 2 revised to comply with the condition; the plan in this package shows the change. 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 site shall be developed in substantial accordance with the submitted plan titled "CONCEPTUAL PLAN FOR FLEET FUELING CENTER FIRST COLONIAL ROAD VIRGINIA BEACH VIRGINIA BEACH DISTRICT 6", prepared by Engineering Services, Inc., dated 12/20/01. There shall be no other structures on the site without review and approval of the Virginia Beach City Council as a modification of conditions of the conditional use permit. The proposed "24' INGRESS/EGRESS ACCESS EASEMENT" from Virginia Beach Boulevard to the site shall be recorded in the Clerk of Circuit Court's office before final site plan approval. The applicant shall provide on the site a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. 4. The proposed freestanding sign shall be monument in style with a brick base. 5. The facility shall not be open to the general public but shall be for the sole use of specifically designated fleet customers. 6. A certificate of occupancy shall be obtained from the Building Official before use of the site. There shall be no more than ten (10) rental trucks on the site at any time. The rental trucks shall be parked to the rear of the site in the areas designated "Truck Rental Area." The rental truck operation will be administratively reviewed after one (1) year for determining compliance with this condition. 8. There shall be no inoperative, wrecked or dismantled vehicles parked on the site. 9. There shall be no automotive repair on the site. 10. The site plan shall be amended to include a ten-foot (10') landscape buffer along the northern property line and along the property lines between the site and the 7-11 site. WOODFIN HEATING, INC./# 6 January 9, 2002 General Information: REQUEST: ADDRESS: Conditional use permit for an automobile service station (fleet fuel facility) The east side of First Colonial Road, 160 feet north of Virginia Beach Boulevard. Map K GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: 2407-86-4O82 6 - BEACH 41,818 square feet COin 2407-86-~082 Faith Christie To establish an automobile service station (fleet fueling facility) Major Issues: This is a vacant parcel in what could be considered a transition area between Hilltop and Oceana. The granting of conditional use permits for uses that have not previously been located on this section of First Colonial Road should be carefully examined, particularly in terms of the recommendations of the Comprehensive Plan for this area. Planning Commission Agenda ~~-~ January 9, 2002 WOODFIN HEATING, INC. / # 6 Page I Land Use, Zoning, and Site C h a racte r i stic s: Existing Land Use and Zoninq This is a vacant grass and gravel site. The site is zoned B- 2 Community District. Surroundinq Land Use and Zoning North: South: · East: West: · · Abner's Hardware, retail use / B-2 Community District 7-11 store, Ryder Truck Rental and Plaza Pawn / B-2 Community Business District Single-family dwellings, Ace Realty, an office use / B-2 Community Business District First Colonial Road Across First Colonial Road - various retail and office uses / B-2 Community Business District Zoninq History This site was zoned C-G3 prior to November 1973. From 1973 to the present, the site has been zoned B-2 Community Business District. On December 7, 1999, City Council denied a conditional use permit request for automobile sales, vehicle service and repair, and truck rentals on the site. On June 13, 2000, a conditional use permit for automobile repair and truck rental was approved on the site. The conditions attached to the conditional use permit were as follows: The site shall be developed in substantial conformance with the submitted rendering/preliminary plan prepared by W. P. Large, Inc., titled "Auto Repair and Truck Rental Facility, First Colonial Road, Virginia Beach, Virginia" dated October 27, 1999, as modified by the applicant's representative. The building will be constructed in substantial conformance with the submitted rendering/preliminary plan prepared by W. P. Large, Inc., titled "Auto Repair and Truck Rental Facility, First Colonial Road, Virginia Beach, Virginia" dated October 27, 1999, as modified by the applicant's representative. The northern and eastern building walls will be constructed of a split-face block material that matches the color of the brick proposed for the western and southern building walls. The brick proposed on the western and southern building walls shall substantially conform to the submitted sample "General Shale Brick Spalding Tudor", or a compatible brick. The roof shingles for the proposed building shall substantially conform to the submitted sample "GAF Timberline Ultra Pewter Gray." Planning Commission Agenda January 9, 2002 WOODFIN HEATING, INC. / # 6 Page 2 The proposed landscaping on the site shall be in substantial conformance with the submitted rendering/preliminary plan prepared by W. P. Large, Inc., titled "Auto Repair and Truck Rental Facility, First Colonial Road, Virginia Beach, Virginia" dated October 27, 1999, as modified by the applicant's representative. The street frontage screening, interior coverage and foundation screening will be in conformance with the Site Plan Ordinance, Section 5A. 4. The freestanding sign shall be a monument style sign, no more than eight (8) feet in height. There will be no more than ten (10) rental trucks on the site at any time. The rental trucks will be parked to the rear of the site in the areas designated 'q'ruck Rental Area." The rental truck operation will be administratively reviewed after one (1) year for determining compliance with this condition. There will be no inoperative, wrecked or dismantled vehicles parked in the parking area. All inoperative, wrecked or dismantled vehicles must be parked or stored inside the building. 7. All auto repair work must be conducted inside the building, and no outside storage of parts or equipment is permitted. The City Council was very concemed that the site develops and operates as conditioned. Site development plans have been submitted to and approved by the Planning Department / Ma~ K 6,7 Development Services Center. There have been no improvements conducted on the site. However, dudng the site inspection for this application, there were five Ryder rental trucks parked on the site. The adjoining site to the south, which is owned by the same property owner, has had several use permits granted on the property (# 2 on c~i,, 2~7-~-4082 map). On August 8, 1983, a conditional use permit for automotive repair and tire sales was granted. On February 14, 1995, a conditional use permit for automobile service and tire sales (addition) was approved. Air Installation Compatible Use Zone (AICUZ) The site is located in the greater than 75 dB Ldn AICUZ district surrounding NAS Oceana and in close proximity to Accident Potential Zone (APZ) I. The proposed use is compatible with these areas. Planning Commission Agenda January 9, 2002 WOODFIN HEATING, INC. / # 6 Page 3 Natural Resource and Physical Characteristics The site is an undeveloped parcel that consists of a mix of grass and gravel. The site is in the Resource Management Area of the Chesapeake Bay Preservation Area. Public Facilities and Services Water and Sewer Water: There is a twelve-inch city water line in First Colonial Road. The existing lot must connect to City water Sewer: There is an eight-inch city gravity sewer in First Colonial Road. The site must connect to City sewer. Transportation Master Transportation Plan (MTP)/Capital Improvement Program (ClP): First Colonial Road and Virginia Beach Boulevard near this application are minor four-lane arterial roadways. This entire intersection is scheduled to be upgraded, including additional lanes and signal improvements, in the year 2005-2006. A right of way reservation of 45 feet is required to accommodate the needs of First Colonial Road for the Virginia Beach Boulevard / First Colonial Road CIP Project 2-072. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity 15,200 22,800 First Colonial Road ADT~ ADT ~ Existing Land Use 2_ none Virginia Beach 15,500 22,800 Proposed Land Use 3. 200 Boulevard ADT~ ADT Average Daily Trips as defined by a vacant parcel as defined by a fleet fuel facility The applicant indicates that vehicles at their other facilities throughout the state are divided by type as follows: Fleet passenger car Delivery van (2 axle) Two-axle vehicle over Y2 ton Multi-axle vehicles 5O% 25% 2O% 5% Public Safety Police: No comments. Fire and Rescue: The Fire Marshall notes that storage of hazardous, flammable or combustible materials on-site shall be within the scope of the Virginia Statewide Fire Prevention Code and NFPA. The operator of the site must supply an on-site hazard mitigation kit Planning Commission Agenda January 9, 2002 WOODFIN HEATING, INC. ! # 6 Page 4 for fuel spills. In order for the site to be considered unmanned, it must be operated exclusively for fleet or business customers; no retail sales to the public are permitted. Recommend installation of an accessible telephone or notification system for emergency contact of the responsible party for the site. The facility shall not be used without a certificate of occupancy for the use. Comprehensive Plan The Comprehensive Plan Map recommends this area for retail and service uses. The Plan document also has specific recommendations for the area on the south side of Virginia Beach Boulevard, which the Plan refers to as the Atlantic Park area. The applicant's site is not in this area, but is in very close to it. The recommendations of the Plan are provided here and applied to the applicant's proposal. The Plan recommends that development in this area should consist of uses that "are Iow intensity, light industrial or commercial enterprises that focus on more capital- intensive rather than employee-intensive activities. The following actions should be taken prior to any such change in land use: Using conditional zoning provisions, consolidate a sufficient number of parcels to develop a well-designed and coherent development plan for this area. This plan should provide significant setback and landscaping with limited highway access along Virginia Beach Boulevard. Special consideration should be given to on-site open spaces, landscaping and building design. g To ensure efficiency of traffic movement in this area, keep the number of access points to a minimum along the Virginia Beach Boulevard and First Colonial Road" (p. 104, Policy Document). While the applicant's proposal does not achieve the recommendation of consolidating 'a sufficient number of parcels to develop a well-designed and coherent development plan for this area,' it does work toward achievement of the other recommendations of the Plan. Summary of Proposal Proposal The applicant proposes construction of a commercial fleet fueling facility. The facility is not available to the public, and no retail sales are conducted on the site. The facility is unmanned and available only to commercial customers 24 hours a day. The site is a vacant grass and gravel lot that appears to have been used for parking of vehicles by the applicant. To the north of the site exists Abner Hardware, a retail operation. To the east of the site are single-family dwellings. To the south are a 7-11 store, a retail operation, and the applicant's existing businesses, Ryder Truck Rental and Plaza Pawn. To the west of the site is First Colonial Road. Across First Colonial Road exist various retail operations, a personal service establishment, and offices. Planning Commission Agenda January 9, 2002 WOODFIN HEATING, INC. / # 6 Page 5 Site Design The submitted site plan shows three fuel pump islands situated 150 feet from First Colonial Road. A 200 square foot maintenance building and a dumpster are located in the northeast corner of the site. There are eleven parking spaces on the site; ten are for the truck rentals and one for an employee while performing maintenance on the site. There is an entrance to the site from First Colonial Road and an entrance through an ingress / egress easement from Virginia Beach Boulevard. There is a sidewalk along First Colonial Road. · The entire perimeter of the site, except for access, is enclosed with a four-foot split rail fence and landscaping. Vehicular and Pedestrian Access Vehicular access is obtained through an entrance from First Colonial Road and an ingress / egress easement from Virginia Beach Boulevard. Vehicular circulation appears to be adequate. There are no sidewalks for pedestrian access depicted on the plan. Pedestrian access is not required since the use is unmanned and not available to the public. Architectural Design · A 200 square foot maintenance building will exist on the site. Landscape and Open Space Design The entire site, except for necessary access, is enclosed with a four-foot split rail fence and landscaping. The landscaping is a mix of Crape Myrtle trees and Wax Myrtle shrubs. The landscape buffer along the east property line is ten feet in width; along the northern property line the landscape buffer undulates in width from five feet to fifteen feet; and along the southern property line the buffer varies in width from five feet to ten feet. Evaluation of Request The request for a conditional use permit for an automobile service station (fleet fuel facility) is acceptable subject to the conditions listed below. The request is in keeping with the Comprehensive Plan recommendations for the area in that "development in this area should consist of uses that are Iow intensity, light industrial or commercial enterprises that focus on more capital-intensive rather than employee-intensive activities". The proposed use meets these recommendations. The applicant obtains corporate customer accounts for the use. The customer is issued a card to access the system for fuel. The cards are for the exclusive use of the ddver of the fleet vehicle and are not interchangeable. This type of customer should not produce as high a traffic volume as the public. The facility is unmanned; all operations are Planning Commission Agenda January 9, 2002 WOODFIN HEATING, INC. / # 6 Page 6 digitally controlled through a central computer system. The only employee that comes to the site is to perform routine maintenance of the site. The proposed use is not as intense as the previously approved conditional use permit for automobile repair and truck rental. The proposed use is compatible with the AICUZ restrictions and airfield operations. The applicant submitted a plan that shows extensive landscaping. The maintenance building and dumpster are located in the northeast comer of the site, ten (10) feet from the property lines and sufficiently buffered. The plan shows a thirty-five (35) feet right of way reservation for the future improvements to First Colonial Road. Traffic Engineering states the reservation must be increased to forty-five (45) feet to accommodate the First Colonial Road CIP project 2-072 scheduled to begin in 2005-2006. Sufficient area exists on the site to shift the reservation line. This can be accomplished during detailed site plan review. Staff recommends approval of the request subject to the conditions listed below. Conditions The site shall be developed in substantial accordance with the submitted plan titled "CONCEPTUAL PLAN FOR FLEET FUELING CENTER FIRST COLONIAL ROAD VIRGINIA BEACH VIRGINIA BEACH DISTRICT 6", prepared by Engineering Services, Inc., dated 12/20/01. There shall be no other structures on the site without review and approval of the Virginia Beach City Council as a modification of conditions of the conditional use permit. The proposed "24' INGRESS/EGRESS ACCESS EASEMENT" from Virginia Beach Boulevard to the site shall be recorded in the Clerk of Circuit Court's office before final site plan approval. The applicant shall provide on the site a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. 4. The proposed freestanding sign shall be monument in style with a brick base. 5. The facility shall not be open to the general public but shall be for the sole use of specifically designated fleet customers. 6. A certificate of occupancy shall be obtained from the Building Official before use of the site. There shall be no more than ten (10) rental trucks on the site at any time. The rental trucks shall be parked to the rear of the site in the areas designated "Truck Rental Area." The rental truck operation will be administratively reviewed after one (1) year for determining compliance with this condition. 8. There shall be no inoperative, wrecked or dismantled vehicles parked on the site. 9. There shall be no automotive repair on the site. 10. The site plan shall be amended to include a ten- (10) foot landscape buffer along the northern property line and along the property lines between the site and the 7-11 site. Planning Commission Agenda January 9, 2002 WOODFIN HEATING, INC. / # 6 Page 7 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 January 9, 2002 WOODFIN HEATING, INC. / # 6 Page 8 r t .4 t I I / Woodfin (proposed site plan) Planning Commission Agenda January 9, 2002 WOODFIN HEATING, INC. / # 6 Page 9 [1 'O~ 1VINO'lo0 J.$~lL,-t' Woodfin (proposed site plan l detail) Planning Commission Agenda January 9, 2002 WOODFIN HEATING, INC. / it 6 Page 10 Planning Commission Agenda {~°~~'~ January 9, 2002 ~.~'~_...~/,/ WOODFIN HEATING, INC. / # 6 "~ Page11 Item #6 Woodfin Heating, Inc. Conditional Use Permit for automobile service station East side of First Colonial Road District 6 Beach January 9, 2002 REGULAR AGENDA Robert Miller: The next item is item #6, Woodfin Heating, Inc. Tom Kline: Good afternoon Mr. Chairman and members of the Commission. For the record my name is Tom Kline. I am a local attorney and I am here on behalf of the applicant, Woodfin Heating. The applicant, Woodfin Heating is a Virginia based company that owns and operates approximately 40 fleet fueling facilities throughout Virginia and they have several of these fleet fueling facilities here in the Hampton Roads area. And what we are proposing for this site is request for conditional use for automobile fuel service facility, fleet fueling facility and the nature of the operation is such that 'the facilities are not open to the public. They are available only for individuals who hold corporate accounts with Woodfin Oil. These are companies with individuals that have a specific card that allows them to come in and access the fueling facilities there on the site similar to the operation that was approved with respect to Diamond Springs Road. It was approved by Council last evening. All of the cards that the individuals have, the corporate owners have are individualized. They are individualized to the vehicles, they are individualized to the companies and in some situations they are individualized to the hours of operation that the individual company wants to restrict or limit the ability of the individuals to come on site and use this facility. So this is a restricted facility that we are requesting here. Now this facility will also supervised by a Wood.fin employee who will visit the site once - at least everyday to engage in routine maintenance and to also to ensure that the operations are functioning appropriately. The only structure with the exception of the actual pumps that will be located on the site is a very small, approximately 200 square foot maintenance building that will be located in the upper right hand comer of the northeastern comer of the site and that structure will be solely to store maintenance equipment and an opportunity for them to drop off any equipment that they may need for purposes of servicing the site. Now, with respect to the site that we have selected, we believe that this is an excellent site for this use. It is as evidenced by this exhibit here, surrounded by commercial uses. I believe we have a 7/Eleven directly to the south of us. There is a pawn shop directly to the south of us. We also have a hardware store directly to the north of us. This site was the subject of a conditional use permit with respect to an automobile repair facility that was never been open or operated so there is no automobile repair facility currently on this site although there is an active use permit for them to do so. We have developed this site, developed this proposal working very closely with the Planning Commission staff. It comes to you with a recommendation for approval by the staff subject to several conditions all of which are agreeable to the applicant but some of the features I would like to point out as shown on the site plan are, first of all, the fact that really as indicated earlier, the only Item #6 Woodfin Heating, Inc. Page 2 features on the site are the actual fuel pumps that you will see there almost 150 feet off of First Colonial Road. There is an ingress/egress point there on First Colonial but we also have extensive landscaping surrounding the entire perimeter of the site. Currently the site is un- improved, vacant and has some gravel as the surface. Obviously, all of that will be improved with the landscaping you see and in addition to that we are proposing a white split rail fence to surround the site on all sides. There will be no canopy above the pumps. There will be no logos that will be visible from any distance. The only sign that we are proposing will be a very small monument style sign that will be towards the entrance on First Colonial Road. But many ways, as I mentioned others, this is almost a self site. It will be virtually, the nature of the use will be virtually invisible to those driving by given the distance off of First Colonial Road and also the other access to the south would be off of Virginia Beach Boulevard. So we believe that this use is an improvement frankly from what was currently approved with respect to the conditional use permit and is actually very compatible to the other uses there in the area. It will be the Comprehensive Plan with respect to this part of Virginia Beach calls for these Iow intensity uses that don't require a number of employees - there will be no employees on this site other than one individual that comes to look at this site on a daily basis. The traffic generations will be extremely low because this is only a facility that is available to the corporate card holders. Our users tend to come early in the morning and in mid-afternoon to service their fleets so we believe this is an appropriate use for this area. I would also indicate - I think we may hear some comments that perhaps this isn't the type of use that we would need to see here. That some would like to see - this is a use that has been introduced throughout Virginia in a number of locations on the peninsula, I mentioned the new site on Diamond Springs Road and also the Newport News area and also in Richmond and a number of locations where we have these, they are adjacent to professional office parks, adjacent to government office facilities and ad'acent to other professional type operations. So we believe this is a use that works very well wit~ other uses a mix of and also with higher end type uses that we may wish to attract to this part of town. I would certainly be happy to answer any questions. Robert Vakos: Mr. Tom Kline you have cross access to the businesses toward Virginia Beach Boulevard. Are you representing Woodfin or are you representing the property owner. Tom Kline: We are representing Woodfin. We are not here on behalf of the property owner. Robert Vakos: The reason I raise this concern is that and we discussed this when we approved the original application, currently there are some Ryder macks being parked there. I guess this is access for the truck rental operation on Virginia Beach Boulevard and I am assuming if your client is leasing it, he is leasing the entire parcel and would not allow that. I may want to add a condition, if it alright with the rest of the commission that no rental vehicles can be parked in those parking spaces along that portion toward the access toward - the cross access. Tom Kline: Well, what we have discussed with the owner of the property is the possibility of Item #6 Woodfin Heating, Inc. Page 3 them using a portion of the property that is the subject to this use permit for the storage of some - up to no more than 10 of their Ryder vehicles. And this would be on this eastern boundary where you see those 10 parking spaces. We have one parking space allocated for our employee when he comes to check on the site and also possible temporary storage of the Ryder vehicles. Now, in discussing that with the Planning staff earlier, I understand there is some question as to whether or not, since this application simply asking for the use permit with respect to fuel there is some question about whether existing authorities governing that property would permit them to have that and I guess I would simply ask that perhaps if we could keep that question open with the understanding that we could try to work that out with the Planning staff. Robert Vakos: I am glad I raised the issue. So it is part of the plan to use those spaces. I was thinking, why do you need all of those parking spaces for an unmanned. Tom Kline: It is.part of the deal. We are not purchasing the property. We are acquiring a ground lease on the property and part of the arrangement between Woodfin and Ryder would be that only up to 10 and no more than 10 of those spaces would be available for them to store the vehicles on the site. Robert Vakos: Mr. Scott, refresh my memory as far as Ryder, those rental trucks on this given piece of property. Are they allowed to do that now? Bob Scott: I think they are. Robert Vakos: This is part of the original conditional use permit? Faith Christie: The original use permit allows up to 10. Robert Vakos: So that conditional use permit goes away with this... Bob Scott: Well, it depends on how you want to do it. It doesn't necessarily. One way to interpret it is that the use permit is there and what they are asking here is for permission to add to it. Much like a gasoline service station that wants to add a car wash. R is a similar kind of situation. Now if, in your opinion, the rental tracks are just egregious and doesn't work with this at all and constitutes a major conflict then we would have to talk about that but it looked to us like that was not the case. That they do represent, since Council has already decided that they are appropriate and they have allowed them, the addition of these fuel pumps does not add a conflict that could not be overcome by a reasonable relationship between the two uses. Robert Vakos: Okay, but the problem we have with them right now is the fact that they haven't made the initial improvements that were required as the original conditional use permit and... Item #6 Woodfin Heating, Inc. Page 4 Bob Scott: And in order for that to be appropriate as any applicant that comes to the podium, they are going to have to do some things in the way of condition fulfillment that they told you they could do or else they can't operate. Robert Vakos: Okay, just for clarification if we grant this today then the ability to park the trucks is still there? Bob Scott: If they comply with the conditions that were precedent to the condition being granted. Robert Vakos: Alright, that explains it. Ronald Ripley: Betsy, do you have a question? Betsy Atkinson: Bob I guess I have a problem, Mr. Scott. When Mr. Vakos has to raise this issue and everyone knows how the Planning Commission feels about these Ryder tracks and other trucks, I think it would have been appropriate if we had some language in here that would have alerted us that those were pan of those - or continuing to add onto this application. I am just glad Mr. Vakos brought that to our attention because I would assume that those tracks were not going to be there. Thank you. Bob Scott: Again, let me reiterate. If that is a problem. You see it as being a real conflict that bothers you, you can address that to the conditions. Betsy Atkinson: Actually, I don't have a problem with the trucks being there, I just like to have known when I was reading this application that they were going to stay. Tom Kline: I think and also if I may respond to that. I think that in our view this is certainly going to provide an enhanced environment for the storage of those vehicles as well as much as the vehicles would at this point be rather than on the gravel area where they are now, they will be on a paved surface and also delineated parking spaces behind an extensive landscape buffer and behind fencing that which currently exist there on the site. Ronald Ripley: Wil? William Din: What kind of conditions - Mr. Scott, what kind of conditions are currently applied to the rental trucks on the site. Bob Scott: Primarily it has to do with landscaping and, I believe, correct me if I am wrong, I believe it has to do with landscaping and with improvement to the site itself (inaudible). William Din: The gravel that is currently there, I guess, is allowed with the rental trucks? Or is Item #6 Woodfin Heating, Inc. Page 5 there paving already. Robert Miller: I think it says on page three the conditions that were applicable to that previous conditional use permit which have not been - I don't think they have been done at this point at all. Faith Christie: They only through informal site plan review (inaudible). William Din: One more question concerning the - how the rental operation. Is it a rental operation or is this a storage operation? Tom Kline: It would just be the storage. I understand it will just be the storage of the vehicles - rental track storage of the vehicles on our property. There will be no rental operation or office facility on our property from which they would be rented for the benefit of those who own them to have some place to keep them. William Din: What kind of turn over do you have there? Do you have somebody going to pick them up and return them or how does that work? Tom Kline: Let me ask Mr. Darr. Michael Dan': My name is Michael Dam I am the realtor in the deal. As I understand it the use permit that was granted for the property that fronts the boulevard, I think several years ago, dictated that the rental trucks would be stored behind the building right above where Woodfin is and along the east boundary and we would like to maintain the storage of those rental trucks. Concerning, Mr. Din, your question, it is a normal rental truck - Ryder rental track business where they rent them out to people moving. Their business is very busy at the end of the month and at the beginning of the month and they do a very good business there with rental trucks. Dorothy Wood: They do not rent them from that location? Michael Dan': The office is on the boulevard beside the Plaza Pawn Shop. Dorothy Wood: I don't know where the Plaza Pawn Shop is. Michael Dan': It is where the Woodfin name is. There is the old gas station there. They have the Ryder track office there and then also the pawn business beside it. Tom Kline: So, just to clarify with respect to the application for the fuel facility that we have before you the only component of that would involve the trucks would simply be our willingness to allow them to use a portion of our leased premises to store the vehicles just in that designated Item #6 Woodfin Heating, Inc. Page 6 area as specified on the site plan. Ronald Ripley: I have got to say that I didn't understand it either. I didn't understand that the tracks were part of the application. My understanding of conditional use permits and I do understand the way Bob described it but I don't think it is written this way, thinking if you have a gas station and you want to add a use to it, it gets added to it and it is easy to follow. But this case looks like to me a change of use completely and although rental trucks are part of these types of facilities from time to time. My question, I guess is from a distance, if you are going to have traffic flowing through behind those tracks, can you tell me the measurements you have over there, the length of those parking spaces and the amount of the drive isles that you have from the standpoint of a safety point of view please? Randy Royal: Can I get the easel? Ronald Ripley: Sure. Randy Royal: For the record I am Randy Royal, Engineering Services. Also representing the applicant Woodfin Oil. The spaces themselves are about 25 feet here. The drive isle is 30 feet right here. We probably got 50 feet of maneuvering area in here for both the trucks to back up and for any vehicles that come through the gas dispensers to go out that way. Also, if I can add while I am up here and Bob, please correct me if I am wrong, but I am not sure if everybody is clear about all these permits. If I understand it correctly, there was a use permit originally for the front buil'ding for rental vehicles. I think what they were saying, what staff was saying was with that application they were told to park the trucks behind the building. The application that is in the package refers to one that was done about a year ago for an auto repair that was going to be built right here and the people that own this property up here had already been told you have got to park your trucks in the back so they told the auto repair folks we need to park our trucks in the back. You need to make that part of that application. I believe this is the third application on the property. We are kind of following up and trying to adhere to the original which said they can do the trucks from the front property. Ronald Ripley: The question regarding the length of these parking spaces, these trucks - what is the length of the trucks? Are they 25 feet? Or are they longer? Randy Royal: I would have to guess that they are 20 to 25 feet in there, yes sir. Ronald Ripley: So you don't need any longer parking areas or wider parking areas with tracks? Randy Royal: We can extend that area there, actually I don't have a dimension on that. Ronald Ripley: Would that affect your drive isle? Item #6 Woodfin Heating, Inc. Page 7 Randy Royal: It would decrease it somewhat, but as I said we still got more than is necessary. Ronald Ripley: Would you have to relocate the drive isle? Randy Royfi. l: No, it would still stay in the same location. It would have to tie in right here. All that would happen is you might have a little more area that would stick out right there at the back of the spaces. I do not believe it would obstruct vehicular move ability in there. Robert Vakos: Randy, in case - I think what we had is we had a conditional use on Virginia Beach Boulevard which said they need to park in the back. But not on this piece of property. Is that correct Kay? Kay Wilson: Well, actually this apparently (inaudible) correct me if I am wrong, Bob, I am kind of figuring this out as we go. The first one covers at least this building here and they were told to park the tracks in the back and that was the one - that is why the tracks are there. The one for auto repair is kind of gone by the way side. This would be the third. Robert Vakos: The other one - did it include this piece of property? That little... Randy Royal: Auto repair? Robert Vakos: No, no, no, the truck rental, the storage of the truck rental. Randy Royal: I can't say but I have to believe it is. Because releasing this back part of the property there was a subdivision done by the auto repair folks to create this parcel here. Previously yes, I think it was all one. I know it was all one piece of property and most likely that was all part of the application. Robert Vakos: It probably doesn't matter now. What we are talking about today.., we are talking about Woodfin and the ability to park the cars there that was granted by the conditional use permit about a month ago and approved however months ago: Tom Kline: If I could try to clarify this. I think it was our understanding that there is a pre- existing use permit that authorizes the 10 macks to be here. We weren't trying to come in here and sneak some additional requirements. I think on the site plan it was submitted that Randy Royal had prepared it showed that space is dedicated and that was the purpose simply. It was our understanding that it was pre-existing use permit. We are simply trying to substitute this new application for that while reserving the owner of the property right to continue to use those spaces in a more approved buffer. Item #6 Woodfin Heating, Inc. Page 8 Robert Vakos: It probably would have been clearer if it was a modification of conditions since we are basically changing a previous pre condition use permit. It doesn't really matter. John Baum: The problem I am having with the third conditional use permit on the same property. If you read what the conditions to the first one and Ms. Wilson says (inaudible) going by the way side, how was it going by the way side? Tom Kline: It - Mr. Baum, it is my understanding that the plan when they came in with that use permit was to develop an automobile repair facility and they had proffered a number of conditions with respect to what the features on the building would look - split face block etcetera and they had not been able to identify a tenant or a user to put it on an automobile repair facility on that site and that is why... John Baum: My point is that given the original conditions and I would like to see somewhere where this will disappear in print. Kay Wilson: Well, it doesn't really disappear Mr. Baum. I was just saying that if you approve this one and they can't do the auto repair and since they can't meet the conditions... John Baum: That is still what is not clear. I - one, two, three, four, in order and it ought to state somewhere that this does away with the auto repair facility. It does doesn't it on the record? Kay Wilson: They can't withhold the conditions. They can't put the building where they said. They can't put the site plan where they said it would be. Tom Kline: Under the proposal that we have before you we have a proffered site plan which is this site plan here which shows that the only structures that it shows would be the fuel pump and a very small maintenance shed in the upper right hand comer. Then the landscaping and the other features that we indicated earlier. Robert Miller: Tom I agree with that and my concern is and this is what I really the crux of the question is, did you need to apply again for the right to be able to_put the rental vehicles on that property and I don't see it that way because I do think we have multiple use permits on properties throughout the City so that this is your - but you are changing the conditions of that previous approval and I think that is where people - and I guess Kay, it is the question, each time do you have to apply to get the condition - to have a conditional use permit that was previously approved, re-approved in the next application? I don't think the staff felt they did but that is what I felt like... Bob Scott: I think that when he lays out that plan there with the spaces shown with the length of the tracks acknowledges that... I think everyone here is getting to the point to where we are Item #6 Woodfin Heating, Inc. Page 9 close to understand that it is complicated made worst by the fact that you have got three different use permits on the same property all which have different conditions and so forth, but I think we are going to have to meet with the staff and applicant together - are going to have to make it clear exactly what is going to be on the property and exactly what the conditions are and exactly what (inaudible) and exactly what has gone away. My concern is that I am not sure that all the conditions have been fulfilled from those past use permits and you want to make sure, and I think this applicant is probably in a position to make that happen. The landscaping that they are putting in is exactly more than what was in the past use permits so if he does those things I think that my concerns go away with the improvements to the site itself and will also go away but that needs to be stated a little more clearly. That needs to actually happen in the field and neither of those are happening. Ronald Ripley: Mr. Scott would you.., it sounds pretty muddy to me and it sounds like you probably need time to work that out and I hate to pass this onto Council, quite frankly, in this kind of condition. And maybe you can draft something - we have a speaker that wants to speak and maybe you ought to come up with something. But on the other hand you just mentioned something that indicated that there may be some conditions that perhaps have not been met and that you need to review those. Do you want to take more time to look at this? Bob Scott: You mean in the next 15 minutes or so? Ronald Ripley: If you can do it or defer it to the next meeting. Bob Scott: Lets take 5. Tom Kline: I would simply say, I mean Mr. Ripley, our intent and our plan is that this applicant coming onto this property now and not having been involved in the prior use permits is that we would develop this site in accordance with the conditions and in accordance with the plan that you all have before you. And condition #1 that we would be held to under this use permit in order to introduce this fuel facility says the site shall be developed in substantial accordance with the submitted plan titled Conceptual Plan for Fleet Fueling, etc., which is the plan that you all have in front of you. So, in order for us to - it is our understandin, g that in order for us to introduce the uses that we have in mind for this site it would have to be developed in accordance with that plan. That plan shows only 10 spaces for and identifies for rental track vehicles. It only shows, it shows all the landscaping, the entrance features, etc. so I guess our understanding would be that when these conditions come in if our applicant wants to come in and do this project it is going to be held to this and not in a position to rely on other conditions. Ronald Ripley: We understand that. Bob do you have a question? Robert Miller: I think the issue you are making is exactly right. The point is that the previous use Item #6 Woodfin Heating, Inc. Page 10 permit references another drawing with another set of conditions, thereby another set of conditions and that is where we are straggling to find out how those two since up with each other to make sure nothing is left out of the previous conditions since the drawings are not going to be the same in no way shape or form and no intention to be. Tom Kline: And I appreciate it. We would be happy to work with the staff in the next few minutes to try to come up with an additional condition to clarify that so it would be clear that what you all are approving and acting on and once approved by Council would be the plan that we have before us. Dorothy Wood: Mr. Kline I looked at this and I thought it was all Woodfin and I did not realize and I can see something written here and it probably says truck rental on page 12, I think it does say truck. Would you be happy to have just the Woodfin portion without - if we took off the truck rental portion or does it all have to be one. Tom Kline: My understanding is the nature of the transaction and the ground links that have been negotiated between Woodfin and property owners allows them to have these limited sites on the property and that was part of the arrangement that allows us to come in and make the kind of improvements in this location and I checked, while you asked that question earlier I did check to clarify if that is indeed one of the integral parts of the transaction and my understanding is that it is. Betsy Atkinson: If for some reason you don't come to terms financially on this piece of property or you don't get approval, Mr. Scott, do we go back to the previous conditional use permit it still stays in force? - Bob Scott: Conditions aren't being fulfilled. The use permit is going to expire. Betsy Atldnson: Yeah, but fight now it is a good use permit it has not expired. I think we would be more comfortable with it if there was a condition in here or somewhere that says the other use permit expires or goes away or somehow get fid of it because if something happens and don't go forward then we are back with the other conditional use permit which is still a good use permit. I guess that is where we are straggling with that. Speaker: I talked with the owner and they were willing to give up that use permit - I talked with them an hour ago. Betsy Atkinson: An hour ago. Is that possible to make that a condition of this. Bob Scott: It needs to be clarified a little more than that but it is a step in the right direction. Item #6 Woodfin Heating, Inc. Page 11 Charlie Salle: I think you probably answered the question if they are willing to do that because my concern was if this doesn't get built and give up the other one I am not sure where we are now. At any event if they are willing to give to it up. Ronald Ripley: Can we hear the opposition? Will did you... ? William Din: One more question of Mr. Kline I guess. It appears to be three accesses to this piece of property here. Is that a drive isle to Virginia Beach Boulevard? Randy Royal: This is a drive isle to Virginia Beach Boulevard, we have got that. We have got First Colonial Road and that is all. William Din: What is the other piece right there behind the parking area into the property there. Randy Royal: Right here? That is just a reserve area behind the building. William Din: Is that not an access to that property also? Randy Royal: Not intended to be. There is not... There is a gap here between the 7/Eleven and that area. It is just an area in behind the building there. William Din: But your landscaping doesn't go across there, I was just wondering why... Randy Royal: So that there is an opening to utilize this area back here. John Baum: Was this written by lawyers? Michael Dan': If I am correct, the previous use permit when they obtained the rental truck storage, the rental truck on the property on the boulevard, there were two areas designated for rental trucks. This was one of the areas and this is one of the areas. And in the lease ground lease agreement we have maintained this as a rental track area storage and this as a rental track area storage. William Din: So you can go between the two areas? Michael Darr: They were going to access that by this - coming up here with the rental trucks. Pulling them in here and also parking them in here. The rental tracks come in the front and drop off and then the pull them up here and that is where they park them now and they park them along here right now. But most of the rental trucks today are parked along this area. Item #6 Woodfin Heating, Inc. Page 12 Charlie Salle: Is there any maintenance done on these trucks in that parking area? Michael Dan': No sir. Tom Kline: It is simply storage. Ronald Ripley: We have Bruce Gallop signed up to speak on this matter too. Randy Royal: Do you want us to maybe work with staff while Bruce is speaking to try to come up with some language. Ronald Ripley: That would be good to clear up the mud a little bit. Bruce Gallop: Good afternoon my name is Bruce Gallop. I am here on behalf of myself and my mother and we are in opposition to this application. I have an exhibit to put on the pedestal here. It is not quite pretty as the one before you but it will do the job I think. We are against this application because we don't feel that it is the highest and best use of the property. My mother and I own a little office park right here. This is the Woodfin site. This is First Colonial Road, the interstate, Laskin Road, Hilltop, I think pretty much everything north of the interstate is considered Hilltop. Everything south is considered Oceana. As I understand this application the Woodfin is going to basically lay down one acre of asphalt and have three gas pumps sticking up in the middle of it with 10 moving vans parked in the rear and a five foot fringe of plants around the edge of it. That is a very industrial type use in nature. He is going to service contractors fleets, delivery trucks, moving vans, tractor trailers and heavy equipment. It is not open to the public. These aren't passenger cars. The staff had recommended approval and I believe it is a mistake in this recommendation because I am just going to read part of it to you. It says the request is in keeping with the Comprehensive Plans for this area. Development should be consistent uses of low intensity, light industrial. That is on page 8 but on page 6 comprehensive plan recommends that this area retail and service uses. The light industrial recommendation really refers to the area south of Virginia Beach Boulevard so I think that is a mistake. I don't think that is a reason to recommend for approval because the Comp Plan doesn't recommend that for First Colonial Road. Other parts of this write-up says that First Colonial Road is in a transition in this particular area. I am here to try to get it to transition the way I like to see it transition as opposed to the way the write-up has gone. In my opinion I believe that Oceana is about to change and the reason I say that is because of the construction of First Colonial Road. First Colonial Road is basically a divided highway all the way down to Virginia Beach Boulevard right now. They started construction of First Colonial Road through Oceana will have a four lane divided highway all the way from here all the way to General Booth Boulevard. Construction right now started at the south end and they are right at this point right now. In fact if you drive down First Colonial Road you can look right down the road. The curb and gutter and drainage and stone is in and they are getting ready to make an interchange here with this pan of Potters Item 4/6 Woodfin Heating, Inc. Page 13 Road, First Colonial Road that will connect at this point. In my opinion, once this road is open and should open later this year, I believe this whole area is going to change. First Colonial Road by being a four lane divided highway, and parts of it by the air base is 55 mph. This is going to be the quickest most direct route to General Booth, Sandbridge areas of Virginia Beach. That is where all the growth is going. I feel to have an industrial type area right as citizens come off of the main route into Virginia Beach and you go through an area that kind of industrial type uses as they approach the southern part of the City which is developed very nicely - the General Booth Boulevard, they have done a great job on that - Sandbridge all those areas are developing with some nice houses, upscale, golf courses, I don't really think this is the highest and best use of this property to have this type of use right when you come off the interstate and you drive through a fleet sales of gasoline or a used car or truck rental. I don't believe that is right. On this map that I prepared, I looked up some of the property values on the Internet. That vbgov site is great you can get ail kinds of information but just to illustrate, the property to the north of the interstate roughly assess at $400,000 an acre. Admiral's Hardware assesses at $200,000 acre. As you cross underneath that express way, property values drop in half. The staff recommendation is that this site, this use is in keeping with something developed here. I don't really think it is in the best interest of the City and me in particular to bring uses that result in lower property values. I think that we should let this area which is zoned B-2 exactly like Hilltop. Hopefully this new route to the southern part of the City will pull these types of uses this way and that has always been my hope since I have owned this property and I think that is what is going to happen. I think once First Colonial Road opens and this becomes a very smooth flowing road to the southern part of the City, I think these values are going to go up. I don't feel that we should encourage these types of industrial uses right now. I think this area is.going to change. I think we should encourage uses that are going to hopefully, raise the value of the property to the Hilltop levels and beyond and not try to encourage uses that are light industrial and generate lower property values. Again, this use is - there is no employees. There is no structure. It really is no tax base. They are going to tax the land and that is about it. For all these reasons I stated I really don't think this is the best use of the property and I think you should be allowed to develop B-2 and I think once this expressway opens up there is going to be great demand for more space in that area. In my years of owning this property across the road, the 20 years, we always been rented out. We put up a sign for rent I get lots of calls. There is a lot of people looking for space. I told the man across the street if you just put up a sign you will be surprised how many people would call looking for space. I don't guess he wants to manage commercial property. I think from my own experience on the road and my observations, the highest and best use of this property is the B-2 retail, personal service type use and not this industrial type use. I would be glad to answer any questions. Robert Vakos: First I know when the previous conditional use permit that we keep talking about, the one, the most recent one when we went to City Council they spent a lot of time talking about some of the same things you did as far as the character of the area and what they would like to see and the public investment or what not. They ultimately approved the application for the auto Item #6 Woodfin Heating, Inc. Page 14 repair and the storage of the Ryder trucks. done? Are you still opposed to it when it is all said and Brace Gallop: I felt at that time I was fighting a pretty much uphill battle and I didn't want to take a position that I was going to oppose everything so I opposed the thing that I was most, the biggest problem with it was the used car sales. In fact, the applicant had tried to sell used cars there without a permit and generated a lot of problems, but as I look at this First Colonial Road fight of way and it has really changed by perspective, when you look down that road you can see all the way to the woods behind the byo sand pit. It is a big vista. Hilltop is high. When you look down at the land (inaudible) it has changed my whole opinion of how quickly this is going to change and I really don't think that auto repair, truck storage, used car sales, fleet sales, tattoo parlors or any of that belongs in this area fight now. I think this area is going to change and I think it is going to change for the better. Robert Vakos: Okay, thank you. Robert Miller: Hey Brace, one thing. Since the existing use permit, I mean, there is an existing use permit or at least we seem to think there is one. Brace Gallop: I don't know if it is active or not but it is there. Robert Miller: Well it is there and somebody mentioned that I think there has been a site plan application and I don't think it has been finalized. If that were to happen the Ryder tracks would have been there. The car repair facility and things like that, and I do agree when I think about that now in hindsight that is probably more industrial than my overall preference would be and some of the things you were saying, I do agree with what you are saying and there is some sensitivity in that. There will be a change. I don't know if it is as drastic as you would like for it to be and 100% return on that value of land but that being - I think what you are arguing for is the quality of the issues that are going to be in Oceana and what is going to be there. I don't see Woodfin as an industrial site per say. You mentioned tractor trailer trucks and I had not even considered that. I am going to ask Tom again to clarify but I don't see a facility that is basically below ground, as you said, as being totally an industrial type use. I think there are places for this kind of use in our City and I think they need to be on a major corridor so that there could be good access to it and so forth and in that respect I do - I see it as more of a utility need than I see it as an industrial type and I don't see it as anything near and a front to any of the businesses in the area quite as extreme as you said. Now if your issue is about the tracks, I think that if you go back to the fact that there is already a use permit there and that really has already been done. I understand that perhaps you still have concerns about those. As far as the landscaping and the five footed area, maybe that is something that needs to be discussed and improved at least on the site itself that there is a better... I think I understand what you are saying overall and I am sensitive to the fact that you are correct about some of it. We are in the acuiz and we are in some Item #6 Woodfin Heating, Inc. Page 15 cases the designated zonings around the air field are not allowed as much of perhaps some of the positive things you would like to happen. I don't mean that it would be negative but it may not happen as quickly as you are wanting it. And I think the road condition there is going to make a tremendous change in the way the people access the southern part of the City just like you said. I don't have the problem with Woodfin. Perhaps there could be some better landscaping and again, I don't see this as industrial and we will find out if Tom thinks tractor trailers are going in there or not. Bruce Gallop: I want to share one more thing and then I will sit down. Just before Christmas a real estate broker approached me of a used car deal and wanted to go very, very near this Woodfin site and what was my position. Of course I was against it. Right after that the sign went up and the fleet sales use was proposed and I just feel like if this use is approved and the used car guy wants to come next door and he says I just want to go up next to a fleet sales, you know, why is this such a bad use? I am just trying to protect my investment and also I think you encourage more valuable use of this property I mean it is fight at the entrance. First Colonial Road probably generates more retail sales than any other road in Virginia Beach. Right at the interstate the connections to the rest of the world. This property is just too valua'cle for that in my opinion. Ronald Ripley: Any other questions? Thank you Mr. Gallop. Mr. Kline would you like to rebut. Tom Kline: Thank you we have talked briefly with the staff and one additional condition we would like to propose to clarify what we are doing here is an additional condition that would specify that no automobile repair facility shall be permitted on the property. So it is clear that it shall not be an automobile repair facility and what we are submitting here is a proposal that you all have before you as we discuss.., we are happy to make that clear so that there is no misunderstanding that what we are proposing here is this fleet fueling facility. And we believe, in response to Mr. Gallop, that this represents a significant improvement over what is there. Significant improvement over what was previously improved for that location. This is a use that has been compatible with other professional uses and other uses in other parts of Virginia. As I mentioned we have one on Virginia Beach Boulevard near Military. Circle and that is next to a Virginia Employment Commission Facility, across the street from a Virginia Natural Gas facility. We have one of these facilities also in Newport News and the Newport News airport corporate park. It works very well within that environment too. We believe, as I mentioned earlier, that this is almost aself use, if you will, in that we will have the landscaping and all we are introducing are these additional fuel pumps that will accessed by approximately 100 to 150 users and maybe a (inaudible) quite a bit less than the numbers you would expect with other types of B-2 uses. And we believe it is a use compatible with that area. I know that in the Hilltop area we have gas stations and Hilltop, this isn't a gas station. This is just a fleet fueling facility. It is well landscaped. It is significantly setback from the public fights of way. Limited only to the Item #6 Woodfin Heating, Inc. Page 16 members and we believe fully compatible and if I can mentiOn.the Comprehensive Plan. The Comprehensive Plan for this area calls for businesses that are not employee intensive. So this is entirely consistent with that. It calls for uses that are Iow intensity uses. Again, this is a very low intensity use. We believe it is appropriate. We certainly believe it is an improvement and be happy to answer any final questions. Robert Vakos: I don't have a question. I just got a comment. I am still wrestling with these conditions and the separate conditional use permit and as I look at it I see that some of the conditions 'are duplicates. Like number 4, about the monument sign, that is in the other condition and that is in this one. As far as the trucks are concerned, is there any problem with adding condition #5 of the other conditional use permit to this one so that there is no misunderstanding about the use of the trucks. #5 says there is no more than 10 trucks there and that the rental operation should be reviewed after one year. Just to help clarify this particular conditional use because there is some duplication and I think for the layman and certainly the commission didn't understand that we are actually adding to a previous condition. Can we do that? Tom Kline: We have no objection to that. The only comment that I have is, I believe one of the earlier use permits also allowed some storage of the vehicles down in this area which technically would be part of our leased premises. Robert Vakos: No, I thought that was the... I am only talking about the site that you got. There is 10 spaces right there. Tom Kline: We can certainly specify that it would be limited to 10 parking spaces as shown on the site plan. Robert Vakos: And also the one you reviewed. Obviously that was important in the other application and probably still important in this one that there would be a one year review. This one that was passed most recent 85 says, no more than 10 rental vehicles on the site anytime the rental trucks would be parked in the rear of the site in the area designated as the truck rental area which is done. The rental truck operation will be administratively reviewed after one year to determine the compliance of this condition. I think for the purpose of clarity for us to pass onto to Council that we ought to add that to this conditional use even though it is redundant but there is some other redundancies in there. You have a problem with that? ToTM Kline: I have no objection to that. Robert Vakos: Kay, is that appropriate Mr. Scott? Kay Wilson: That is fine. Item #6 Woodfin Heating, Inc. Page 17 Bob Scott: That is fine. Dorothy Wood: And six and seven also? Robert Vakos: That applies to the auto repair facility. Tom Kline: We have not objection to applying that here. Robert Vakos: That has to do with the auto repair, I think. Betsy Atkinson: So we will have the 10 tracks there and that is all the trucks you are going to have including no other additional trucks in that area there? So it won't be 20 trucks? Ten there or 10 over there? Tom Kline: My understanding is that of the area of the site that we are improving, it would be limited to 10 trucks, in that area here. Of this reserve area back here there would still be the ability to have some additional trucks there under the previous authority under the previous use programs. Betsy Atkinson: Even if it says there will be no more than 10 macks on this site. Talk to me about tractor trailers. Most of the vehicles that will be refueling at this location. I can see three or four huge tractor trailers lined out on First colonial Road waiting to get in, if you are servicing 150 of these tractor trailers a day. Are we talking about like heating and air conditioning van or little vans like that or are we talking... Tom Kline: My understanding is that tractor trailers constitute a very small percentage of the vehicles that they use. Maybe 5% at most is the understanding that I have. But the vast majority of the vehicles that we would have here are vans and other types of corporate vehicles. But the tractor trailers are representing a smaller percent. Randy Royal: Ms. Atkinson I would like to add to that. In previous applications the same question has come up. It is around 4% of the volume. It depends on the area he is in. Whether there are a lot of tractor trailers around that area. I don't know that there necessarily are. There are delivery trucks but not really an industrial type area where a lot of tractor trailers are. And on the item on the rental trucks that you were talking about, I think what we need to - the site plan is gone - there we go. Slow down. We have got sPaces over here. We have got spaces in here. But the conditions that you proposed from the previous application limited to no more than 10 rental macks is fine. It is just that it will be in the spaces or behind the building, but 10 is fine. Betsy Atkinson: Right. I think that is what I understood. Randy what is the average size of the macks. Like... Item #6 Woodfin Heating, Inc. Page 15 Randy Royal: Which tracks, the rental tracks? Betsy Atkinson: That will be refueling. Most of the refueling trucks. Randy Royal: Most of the refueling you actually have people with regular passenger vehicles. You have vans, delivery trucks, whoever has got a fleet. My company, we have got survey tracks. I have got engineers that drive vehicles. We have probably 8 to 10 vehicles. That is the type of customer they have. I might want my people to use that instead of going to the 7/Eleven or Amoco or Texaco. The vast majority of their customers are standard size vehicles. He does have some tractor trailers. He doesn't want to tell if he has got somebody coming from Richmond to deliver and they got an account set up there, he would like for those guys to be able to come in also. But he does not cater to the tractor trailers. Betsy AtlOnson: Turning in and out. How would you see the trucks coming in the site and leaving the site, typically. Randy Royal: Coming in from First Colonial Road, going through and coming out this way - and I have lost the rest of the site, but coming down Virginia Beach Boulevard and making a right. Basically, I lost it, basically making a loop. The highway is back up here which is where they should be coming from so they are going to be coming out and most likely doing that and going back up there. I can't see any reason for going back this way down towards the beach. It makes no sense. Betsy Atkinson: And they probably will not be coming in off of Virginia Beach Boulevard going that way? Randy Royal: They could. It is conceptual they could. This is the main entrance. This is more of a secondary, an exit point if you will. We didn't want vehicles trying to turn around in here and go back out the same way. All of these would generally have two access points to go in and out so that you don't have to turn around inside. Betsy Atkinson: You probably don't expect a lot of left tums off ~f First Colonial Road. Can you make a left turn out of First Colonial? Randy Royal: No, no. You have a median here. Betsy Atldnson: I have no other questions. Robert Miller: I am a little troubled by the tractor trailers. I didn't realize we had tractor trailers. Maybe the last application I forgot to ask that. 5% is a general statistic for what they are using in Item #6 Woodfin Heating, Inc. Page 19 their other facilities is what you are telling us? And the question - one of the problems that I have got and stmggling with this is that you are leasing this entire piece of land, correct? Land leasing? Show me what your land is... Randy Royal: We are leasing this L shape right here. Shortly after the previous application for auto repair, they did a subdivision plat and created this parcel. Previously it included all of this here. Our application does not include this property. Robert Miller: But you are not leasing where the BMP is or this other? Randy Royal: We are leasing that yes. Robert Miller: You are leasing the entire parcel then? Randy Royal: Yes, sir. Robert Miller: Okay, I guess I am questioning why we are not doing landscaping around the entire lease site even though I know that some of that is behind the one building. I think the question that Bruce was - the comment that he made with regard to 5 foot landscaping strip has really faded out from a very large landscape strip on First Colonial down to 10 feet down to 5 feet from what I am reading anyway. Randy Royal: We can increase that there if you like. Robert Miller: What I am saying, I am wondering why we don't run the line of the land lease right there. Randy Royal: Yeah, that is fine. Again, we talked with staff and they said running-around the perimeter similar to the previous application and that is what we did. We matched the previous application but we have got no problem with running that down there and we could probably make that a 10 foot strip similar to a street frontage landscaping al. ong there. Robert Miller: And the last question I have is there no proposed improvement to the surface that is behind the building where these other tracks, Tom, as you had mentioned are previously or were able to park before. Is there a reason why that was done? Tom Kline: It is just missed, it is going to be paved. Robert Miller: Oh, it will be paved? Item #6 Woodfin Heating, Inc. Page 20 Tom Kline: Yes. Dorothy Wood: I want to ask a question of Tom. Tom you did say that there would be those 10 tracks plus other tracks. Randy said that there was only 10 total so I would like to... Randy Royal: Right and I clarified that to make sure that there are 10 rental trucks total. They maybe in those spaces and they may be behind the building, but 10 is what we need to comply there. Charlie Salle: I have a question for Randy or Tom. Does your lease include the continued access to Virginia Beach Boulevard because it goes beyond your property? Tom Kline: One of the requirements is that - one of the requirements of the conditions is that we must have a recorded access agreement. We are discussing that with the property owner. Yes, it is our understanding that the lease will include access directly to Virginia Beach by easement. Charlie Salle: Mr. Scott, if for some reason we approve this use permit and they are unable to obtain that recorded access agreement, does that have an impact on it. Michael Darr: (From the audience) The owners own both parcels. Charlie Salle: I understand that what I am saying is that if it were approved and maybe it is an economic issue and that you wouldn't go in there without it, but if that access were not included would that change your view of this application. Bob Scott: It could. I am going to just guess this is theoretic, but suppose they couldn't obtain one of the easements or access points that they told you they were going to have, I don't think we ought to say, oh well, okay, it is really what you think is important. This is really a critical issue in your deliberation then you would probably need to bring the matter back for your further consideration if you find out that can't be obtained. Charlie Salle: Well, I would think it would be an important access to have. It might be an economic issue but I would like to have some assurance that if it didn't contain a continued then we would have some review of this. Tom Kline: Mr. Salle I believe one of the conditions that we agreed to is a condition that says that we must, in order to obtain final site plan approval, condition g2, the proposed ingress/egress easement for Virginia Beach Boulevard shall be recorded in the Clerk's office. So one of the conditions that we have is in order for us to obtain our site plan approval, we have to have that recorded easement agreement and that is pan of our discussions and negotiations with the property owner who owns both properties fronting on Virginia Beach Boulevard and the parcel Item #6 Woodfin Heating, Inc. Page 21 that we are leasing from him so that is certainly part of the deal that we are negotiating with them. Robert Vakos: And Kay, just for further clarify this and what Charlie bought up, if in fact they can't meet these conditions and they have to come back and get a modification of conditions if they can't meet number two. Kay Wilson: Uh huh. (YES) Robert Vakos: Okay so that - we would see it again. Ronald Ripley: Anything else? Tom Kline: Thank you all very much. Ronald Ripley: Discussion? Robert Miller: I will go fu'st. One of the things that Brace brought up which is certainly a point to be taken very, very seriously and to account to what we want to happen to this area and I think I felt like this use was an appropriate use. I am a little troubled by the tractor trailer but I think I am going to probably get over that pretty soon. I would like to have the landscaping as Randy implied in his plan, re-done so that when you go to City Council that it does represent and I don't know if there is any legality that I am violating by so stating but that it would show a 10 foot buffer and I will be specific between the area that is behind the owners, I think we said it was a pawn shop and other things and between them and the 7/Eleven and also on the north side adjacent to the area which is now the hardware store that that would be 10 feet. It looks to me like there is room to maneuver the site in such a way that you get those types of landscaping. I think the landscaping of First Colonial certainly looks like the picture and so forth that we have and is well done. The track rental issue, and I think what I am troubled with here is the redundancy, as all of us are, with the use permits. The bottom line, the only fear that I have got is that we approve this and by some reason or another it does not get done and we are still going to have tracks parked out there on this gravel in some form of an appearance of approval, I guess. I don't know what we have. It feels very awkward that we have got use permits that are being granted. And I have always understood to make that use permit come tree you have had to conform to the conditions which is exactly what has been said today by staff and everybody else but I feel like we keep this site keeps coming back uP again and some kind of drop dead needs to land on his head. When this thing is going to happen because the tmcks are there. When I was by I have seen them several times and I know that they have been there, several if not many an occasion. So I just feel like we have the potential to do something that is not a detrimental to what Brace's concerns are and ours too as far the City goes in this area. I think Woodfin is a great corporate client and a great contributor to the community so I am really - I like them. I just Item #6 Woodfin Heating, Inc. Page 22 think that the site needs to be very carefully handled to make sure that we actually get what we want this time. Not the several iterations of gravel parking lots and Ryder trucks parked out back. Ronald Ripley: Any other questions? Joseph Strange: In all the confusion the way I understand it and what it boils down to there is a conditional use permit on there for a repair facility and the parking. Is that correct? Ronald Ripley: That is correct and they have to develop it to meet that - to be able to use it. Joseph Strange: But it is there. I guess the question I have for the opposition would be why would they rather it be develop as a repair facility rather than as a fleet facility or maybe I am off base here. It can be developed with the conditional use permit now as a repair facility and the parking for the vehicles. Is that correct? Ronald Ripley: It is correct Joe but if I - I am not speaking for the opposition, they certainly can speak for themselves. I don't believe that they have supported that through the whole process. I think they were opposed to that also. Joseph Strange: I understand that but if this didn't go through this is still in place. That still could be developed that way so they would - it is like they end up with one of the two possibly. One of them has already been approved. Ronald Ripley: That is possible. Joseph Strange: And I would like to hear the opposition to kind of address that to me. It looked like to me that as far as the parking was concerned within a year that could disappear. Ronald Ripley: Brace do you mind coming back up? Bruce Gallop: Not at all and I appreciate you all asking me back up. I have the original, the previously approved use permit plan here and I apologize. It is v~ry small but what (inaudible) had agreed to was to put a repair shop right here in this area which came about halfway across. This was going to be a brick front. In some respects to me that is more desirable because that, between the landscaping and this brick front and the drive isle it shields even more of this property from the people who use First Colonial Road. Enginuity has some very nice repair shops. There are some very nice repair shops. This site is a sea of asphalt with three pumps sticking up in the middle and I don't like it. I don't, I appreciate you all opinion but i just don't like it. Since I have got the podium I am going to ask one more thing that if you could add an additional condition similar to what was opposed on him originally that there will be no Item #6 Woodfin Heating, Inc. Page 23 inoperative wrecked, dismantled vehicles parked in the parking area. Again, the other owner is a pawn shop. He takes a lot of stuffin as trade and I just would hate to see a whole bunch of stuff piled up back here in this mysterious reserve area. Not just trucks or any other things that may come through those pawn shop doors. I do think a repair shop would look better from the road with a brick front facing First Colonial Road. Joseph Strange: So you do understand that could be developed if you prefer that over this? Bmce Gallop: That is what I wanted to clear up in my mind. Ronald Ripley: Any other question? Yes Dot. Dorothy Wood: Can we add a condition that there will - I know that the other site has already been approved behind the Ryder site that is there now, but can we add a condition, Kay, that there will only be 10 trucks total. Kay Wilson: We did. Dorothy Wood: I meant... Robert Vakos: We can't condition the other site. She is talking about the storage area that is not included in this site. Kay Wilson: I was confused also. But I think and at least from what I am hearing there will only be 10 total behind or there and that is the site includes that area. When number 8 - number 5 talks about the site, that includes that area. Dorothy Wood: It talks about the other site. Robert Vakos: Is there more discussion? I was going to make a motion to approve the application including Bob Miller's comment about the 10 foot landscaping as he has delineated. I guess that would be in addition to #1 since that involves the site. plan. And I would also include two additional conditions, #7 and 8 and #7 would reflect number 5 as far as the number of rental vehicles on the site and the fact that there is a one year administrative review as was proposed in that condition. And then Mr. Gallop recommended as I agree, #6 of the original would now become #8 that there would be no inoperative or wrecked parked in the parking area. That is probably suffice because the rest of that condition talks about inside the building and there is not really a building there except the storage shed. Did I get everything? Kay Wilson: How about no auto repair facilities are permitted on the property? Item #6 Woodfin Heating, Inc. Page 24 Robert Vakos: Okay. Kay Wilson: That would be number 9. Ronald Ripley: Okay we have a motion on the floor that has conditions stated 1 - 6 and we added a condition for landscaping and the 10 truck rental and no operative direct or dismantle and no repair work done on the site. We have a motion, do we have a second? Motion made by Bob Vakos and Dot Wood I believe, did you second that? Dorothy Wood: Yes. Ronald Ripley: So the motion is open. AYE 11 NAY 0 .ABS 0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE ABSENT 0 Ronald Ripley: Motion passes. Kay Wilson: BY a vote of 11 to 0 you have approved the application. DISCLOSURE STATEMENT Applicant's Name: List All Current Property Owners: Woodfin Heating. Inc. Hog Post L.L.C. PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (~4ttach list if necessary) Raymond Hogan - Manager Daniel Poston - Manager 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 If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) Anne C. Woodfin - Chariman John H. Woodfin - President John H. Woodfin, Jr. - Executive Vice President SUsanne W. Vallani - Secreta~ R. Reaves Louthan - Vice President Thomas B. Porterfield- Vice President 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, finn, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. Signature [ Thomas B. Porterfield Print Name Rev. 9/15/98 Bg Gpin 1467-37-9683 o5 ZONING HISTORY Conditional Use Permit (church) - Granted 5-9-00 Conditional Use Permit (automotive rentals) - Granted 10-26-99 Conditional Use Permit (automotive repair) - Granted 6-9-86 Conditional Use Permit (automotive sales & storage) -Gianted 5-14-96 Conditional Use Permit (rehabilitation center) - Granted 9-17-91 Conditional Use Permit (motor vehicle sales) - Granted 12-12-95 Conditional Use Permit (fuel pumps) -Granted 11-14-95 Change of Zoning (R-7.5 Residential District to B-2 Community Business District - Granted 12-12-93 Conditional Use Permit (truck rental) - Granted 7-6-93 Conditional Use Permit (mini warehouse) - Granted 4-13-93 Change of Zoning (R-7.5 Residential District to B-2 Community Business District - Granted 4-13-93 Change of Zoning (R-6 Residential District to B-2 Community Business District - Granted 9-6-83 Conditional Use Permit (mini warehouse) - Granted 9-6-83 Conditional Use Permit (contractor's storage yard) - Granted 8-24-87 6. Conditional Use Permit (church) - Granted 7-3-01 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Tysinger Motorsports, L.L.C., Conditional Use Permit MEETING DATE: March 12, 2002 Background: An Ordinance upon Application of Tysinger Motorsports, L.L.C., a Virginia limited liability company for a Conditional Use Permit for a small engine repair establishment (motorcycles) on the south side of Virginia Beach Boulevard, 1194.66 feet east of Fair Meadows Road (GPIN #1467-37-9683). Said parcel is located at 5503 Virginia Beach Boulevard and contains 0.9392 acres. DISTRICT 2 - KEMPSVILLE Considerations: The applicant is requesting a conditional use permit to operate a small engine repair establishment in conjunction with motorcycle sales. The Planning Commission placed this item on the consent agenda because the attached conditions will improve the aesthetics of this site, 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: 1. The existing barbed wire shall be removed. Category I landscaping shall be installed along the existing chain link fence. The plant material may be installed within the fence but shall be immediately adjacent to the fence. Foundation landscaping consistent with the requirements set forth in the City of Virginia Beach Parking Lot Foundation landscaping Specifications and Standards for foundation screening shall be installed on the north side of the existing, single parking space/paved area located in front of the building. Attachments: Staff Report Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage~ 1~, Tysinger Motorsports, L.L.C. Page 2 o The existing freestanding, nonconforming sign shall be removed. All signage on the site shall conform to all applicable City of Virginia Beach requirements. All repair and service work shall be performed within the building. No outside storage of motorcycles shall be allowed in view from the public right- of-way. There shall be no outside storage or display of tires, parts, materials or equipment outside the building in view from the public right-of-way. A certificate of occupancy shall be obtained from the Building Official for the appropriate use group and/or mixed use prior to use of the building for small engine repair. TYSINGER MOTORSPORTS / # 3 February 13, 2002 General Information: REQUEST: ADDRESS: GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: To operate a small engine repair establishment in conjunction with motorcycle sales. 5503 Virginia Beach Boulevard Gpin 1467-37-9683 1467-37-9683 2 - KEMPSVILLE 0.9392 acres Carolyn A.K. Smith To operate a motorcycle engine repair establishment in conjunction with motorcycle sales. Major Issues: · Degree to which proposed use negatively impacts surrounding parcels. · Opportunity to enhance appearance of property along Virginia Beach Boulevard. Planning Commission Agenda February 13, 2002 TYSlNGER MOTORSPORTS / # 3 Page I Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoninq The site is developed with a one story metal building and an asphalt drive and parking area. The business, which has recently located within the building, sells and installs vehicle accessories for "off road" four wheel drive vehicles. The property is zoned B-2 Community Business District. Surroundinq Land Use and Zoninq North: South: East: West: · Furniture store, assorted retail uses / B-2 Community Business District Single family dwellings / R-7.5 Residential District · Guitar, retail business / B-2 Community Business District · Thrift store, retail uses / B-2 Community Business District Zoninq History There have been several requests in the vicinity of this property, many for automotive related businesses. On the property to the west # 2 on map), conditional use permits were granted for automotive repair and automotive rentals in 1986 and 1996 respectively. Conditional use permits were also granted on properties to the west and north for truck rentals and motor vehicle sales. Two churches were 2000 and 2001. · ' M LLC Gpin 1467-37-9693 approved on parcels on the north side of Virginia Beach Boulevard in 1. Conditional Use Permit 2. Conditional Use Permit Conditional Use Permit 3. Conditional Use Permit Conditional Use Permit 4. Conditional Use Permit Conditional Use Permit (church) - Granted 5-9-00 (automotive rentals)- Granted 10-26-99 (automotive repair) - Granted 6-9-86 (automotive sales & storage) -Granted 5-14-96 (rehabilitation center) - Granted 9-17-91 (motor vehicle sales) - Granted 12-12-95 (fuel pumps) - Granted 11-14-95 Planning Commission Agenda February 13, 2002 TYSINGER MOTORSPORTS / # 3 Page 2 Change of Zoning (R-7.5 Residential District to B-2 Community Business District - Granted 12-12-93 5. Conditional Use Permit (truck rental) - Granted 7-6-93 Conditional Use Permit (mini warehouse) - Granted 4-13-93 Change'of Zoning (R-7.5 Residential District to B-2 Community Business District - Granted 4-13-93 Change of Zoning (R-6 Residential District to B-2 Community Business District - Granted 9-6-83 Conditional Use Permit (mini warehouse) - Granted 9-6-83 Conditional Use Permit (contractor's storage yard) - Granted 8-24-87 6. Conditional Use Permit (church) - Granted 7-3-01 Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of less than 65 dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics There are no significant environmental features present on this site. This property is located within the Chesapeake Bay watershed. Public Facilities and Services Water and Sewer Water: Sewer: There a 16 inch water main on the north side of the median in Virginia Beach Boulevard as well as a 20 inch water main north of this 16 inch main. This site has an existing 5/8 inch meter that may be utilized. There is a 15 inch sanitary sewer main fronting the property in Virginia Beach Boulevard, a 10 inch sanitary sewer main in the north side of Virginia Beach Boulevard. This site is already connected to City sewer. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (ClP): Virginia Beach Boulevard in this vicinity is an eight (8) lane divided major urban arterial, as shown on the Master Transportation Plan (MTP). There is no CIP project scheduled for this facility. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Virginia Beach Boulevard 34,940 - 44,000 Existing Land Use z. 173 64,260 ADT 1 ADT ~ .............. Proposed Land Use - 173 Average Daily Trips as defined by auto sales Public Safety Police: Adequate - no further comments. Planning Commission Agenda February 13, 2002 TYSINGER MOTORSPORTS / # 3 Page 3 Fire and Rescue: Adequate - no further comments. Comprehensive Plan The Comprehensive Plan recognizes this area of Virginia Beach Boulevard as suitable for retail, service, office and other compatible uses. The Comprehensive Plan Map and land use policies recognize Virginia Beach Boulevard as one of the City's major commercial and economically viable corridors. All commercial uses in this corridor should be attractive and physically well maintained. Redevelopment and the transition of uses provide opportunities to retrofit 'challenged' sites. Summary of Proposal Proposal The applicant is requesting to utilize an existing building to sell motorcycles and to perform small engine repair on the premises. The conditional use permit is required only for the small engine repair operation. Site Desiqn There is an existing asphalt drive approximately 40 feet wide and 195 feet long that provides ingress and egress to Virginia Beach Boulevard. Customer parking is provided on this paved area in addition to a single space (not shown on the site plan) directly in front of the building. An existing one story metal building is located approximately 110 feet from the right-of-way. This building is approximately 4,000 square feet in size (40 feet by 100 feet). A chain link fence with a barbed wire top encircles the rear yard with approximate dimensions of 126 feet by 80 feet. This fence also runs along the west property line to the front fa(;:ade of the building and along the eastem property line encompassing some of the asphalt drive and parking area. Ingress/egress behind the building is provided through this fence on the east side of the site. · A nonconforming sign is located on the northeast comer of the property. Vehicular and Pedestrian Access · Vehicular and pedestrian access on the site is adequate. Architectural Desiqn The existing 4,000 square foot building appears to be constructed of prefab metal panels. There are no windows on the east, west or south facades. There is a widow and doorway on the north fa(~ade, which is the fa(;:ade facing Planning Commission Agenda February 13, 2002 TYSINGER MOTORSPORTS ! # 3 Page 4 Virginia Beach Boulevard. Landscape Design No interior parking lot, foundation or streetscape landscaping is present on this site. Evaluation of Request Staff recommends that the application be approved subject to the conditions below. The Comprehensive Plan Map and land use policies recognize Virginia Beach Boulevard as one of the City's major commercial and economically viable corridors. The Plan recommends that commercial uses in this corridor should be attractive and physically well maintained. Redevelopment and the transition of uses provide opportunities to retrofit 'challenged' sites such as this and to address issues of nonconformity. For example, the existing sign is nonconforming. In addition, there is a chain link fence with barbed wire and there is inadequate street frontage landscaping, interior parking lot landscaping and foundation landscaping on this site. The attached conditions are designed to improve the aesthetics of this site and to bring the site into closer to conformance with current City standards and Plan policies. Conditions The existing barbed wire shall be removed. Category I landscaping shall be installed along the existing chain link fence. The plant material may be installed within the fence but shall be immediately adjacent to the fence. Foundation landscaping consistent with the requirements set forth in the City of Virginia Beach Parking Lot Foundation Landscaping Specifications and Standards for foundation screening shall be installed on the north side of the existing, single parking space/paved area located in front of the building. The existing freestanding, nonconforming sign shall be removed. All signage on the site shall conform to all applicable City of Virginia Beach requirements. All repair and service work shall be performed within the building. No outside storage of motorcycles shall be allowed in view from the public right- of-way. There shall be no outside storage or display of tires, parts, materials or equipment outside the building in view from the public right-of-way. A certificate of occupancy shall be obtained from the Building Official for the appropriate use group and/or mixed use prior to use of the building for small engine repair. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use g~ermit mav rec~uire Planning Commission Agenda February 13, 2002 TYSINGER MOTORSPORTS ! # 3 Page 5 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 February 13, 2002 TYSINGER MOTORSPORTS ! # 3 Page 6 o.~3 '],',.Ac, PHYSICAL SURVEY PLAT OF PART OF J.F. GROORJS LAND BAYSIDE BOROUGH VIRGINIA BEACH, ¥IRGINIA FOR MIU-ATLANTIC OFF-ROA% IHQ~ AUG JANES L. HAFFEY} JR. Tysinger Motorsports (site survey) Planning Commission Agenda February 13, 2002 TYSINGER MOTORSPORTS / # 3 Page 7 Planning Commission Agenda February 13, 2002 TYSINGER MOTORSPORTS / # 3 Page 8 Item #3 Tysinger Motorsports, LLC Conditional Use Permit for a Small Engine Repair 5503 Virginia Beach Boulevard District 4 Bayside February 13, 2002 CONSENT AGENDA Dorothy Wood: Thank you Ron. This afternoon we have 4 items on the consent agenda. As I call the item, will you please step to the podium either the representative or the applicant. State your name and if you have read the conditions and you agree with them. Dorothy Wood: The next item is Tysinger Motorsports Limited. It's a Conditional Use permit for a small engine repair on the south side of Virginia Beach Boulevard, east of Far Meadows Road. It's at 5503 Virginia Bach Boulevard in Bayside District. Mr. Bourdon? Eddie Bourdon: Thank you. Dorothy Wood: It has 8 conditions sir. Eddie Bourdon: Thank you Ms. Wood. Mr. Chairman for the record Eddie Bourdon representing the applicant, a Virginia Beach attorney. All the,conditions that you were given this morning - the revised conditions are acceptable to the applicant. Dorothy Wood: Thank you Mr. Bourdon. Is there any opposition to this item located Tysinger Motorsports on Virginia Beach Boulevard? Thank you. Ron Ripley: I would like to add, if there is opposition, anybody who has any opposition to any one of these items, all you simply have to is come up here and say your opposed - state your name and address and state that -- you oppose and it will be pulled off the agenda. Dorothy Wood: Is there any opposition to this agenda? Consent agenda item? Mr. Ripley I would move to approve the 4 consent agenda items, number 2 with ten conditions, number 3 with eight conditions and number 6 and 11. Ronald Ripley: We have a motion and a second by Don Horsley to approve the items as so stated. Robert Miller: I need to abstain from item #6. My firm is working on the project. Ronald Ripley: So noted. Anybody else? Commissioner's ready to vote? AYE 11 NAY 0 ABS 0 ABSENT 0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS AYE WOOD AYE Ron Ripley: By a vote of 11-0, the motion carries noted. b, JUNDU~I AI~I~I & LI~/' PI; TOTAtlSt~il I-~U k'.UU~/UU~ " APPLICATION PAGE 4 OF 4 CONDITIONAL USE PERMIT CITY OF VIRGINIA BEACH ~pplic~t's List All Current Property Owners: DISCLOSURE STATEMENT Tyzin~e~ M~tor~por~s~ L.L~C~ a. Virginia l!m!ced Haff_ey.: PROPERTY OT~qF_.R DL~CLOSURE Ii'the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list ifnecessaryJ If ~he property owner is a PARTNERSHIP, FIRM, or o~her UNINCORPORATED ORGANIZATION, lis~ all members or panners tn ~he organi~adon below: (A~ach list if necessary) k"l Check here if the property owner is NOT s coq:oration, parmerst~ip, firm, or o~her unincorporated orgaaiz~on, If the applicant is not the eurrem owner of the property, complete tAe Applicant Diselosssre section below: APPLICANT DISCLOSURE If the applican~ i~ a CORPOIL~kTION, lis~ all officers of thc Corporation below: (Attach list if necessary) ~rk TvsS.~er? Ma~n,~ing M~mber If the applicant is a PARTNERSHIP. FIRM, or other UNINCORPORATED ORGANIZATION, list all mer~bers or partners in the organizafic~ below: (Attach liar ifnecessatT) ~ Checl~ here ,f the apphc~nt t~ NOT a corpor~tiun, CERTIFICATION I certify lhat the information contained herein is true and accurate. Mark Tysiager, Managing Member Prm~ Name ~ ~,9 Araceli Diaz & No~ t.o Sco].e Victoria ZONING HISTORY 1. Conditional Use Permit (home for the aged) - Granted 5-28-96 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Araceli Diaz & Victoria Gumapas, Conditional Use Permit MEETING DATE: March 12, 2002 Background: An Ordinance upon Application of Araceli G. Diaz and Victoria Gumapas for a Conditional Use Permit for housing for seniors and disabled persons on Lot 27, Block L, Fox Run, Section Two (GPIN #1476-13-8557). Said parcel is located at 901 Marlborough Circle and contains 10,360 square feet more or less. DISTRICT 2 - KEMPSVILLE. Considerations: The applicants are requesting a conditional use permit to provide a five (5) bed facility for seniors that offers assisted living care within an existing single-family house. The attached conditions are intended to ensure compatibility of the use with the surrounding area. The proposal is consistent with recommendations in the City's Comprehensive Plan regarding the need to provide more of this type of housing for seniors. The project provides convenient, living opportunities for seniors in a stable residential setting. Recommendations: A motion was passed by the Planning Commission by a recorded vote of 10-1 to approve this request subject to the following conditions: The Conditional Use Permit shall be for assisted living care of up to five (5) seniors as defined by the City Zoning Ordinance within 3 bedrooms of the dwelling located on the parcel. The applicant shall file an application with the State Department of Social Services to be licensed as a home for Adult Care Residence (ACR). If the applicant is not licensed as an Adult Care Residence (ACR), the applicant shall be permitted to care for only three (3) individuals consistent with the regulations of the State Department of Social Services. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends. Planning Co--ion recommends. Submitting D.e?artment/Agency: Planning Department City Manager.(~~/v.o.,f [/,_ . ~ 0-,~.' Araceil Diaz and Victoria Gumapas Page 2 The applicant and the City Fire Marshall shall meet to review the building and site plans and shall agree to fire safety measures for the facility that are satisfactory to and enforceable by the Fire Marshall. The facility shall meet the building provisions of the American with Disabilities Act or shall require that the residents be ambulatory. The building shall be protected by centrally-monitored alarm systems. Bedrooms and bathrooms shall be served by a centrally-monitored call-for-aid system The house numbers on the front of the residence shall be clearly visible and unobstructed at all times so that emergency personnel can quickly find the house. This Conditional Use Permit shall be administratively reviewed in two (2) years for compliance. ARACELI DIAZ & VICTORIA GUMAPAS/~ I #5 February 13, 2002 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. 901 Marlborough Circle M~H,~o~ Araceli Diaz & Victoria GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: 1476-13-8557-0000 2 - KEMPSVILLE 10,360 square feet Robert Davis To provide a five (5) bed facility for seniors that offers assisted living care. Major Issues: · Compatibility of the proposed use with the surrounding area. Planning Commission Agenda ~./-~~ February 13, 2002 ARACELI DIAZ & VICTORIA GUMAPAS / # 5 Page I · Adequate care and safety of seniors, consistent with the City's "Report on Senior Housing Multi-family Issues: A Policy Report," dated July 1997. Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoning The property, zoned R-10 Residential District contains a single-family home, surrounded by single-family homes which are part of a large, developed subdivision. Surroundinq Land Use and Zonin,q North: South: East: West: · Single-family dwelling / R-10 Residential · Single-family dwelling / R-10 Residential · Single-family dwelling / R-10 Residential · Single-family dwelling / R-10 Residential Zonin,q History The area surrounding the subject site has developed into a stable residential area over the past twenty years. The only zoning activity in the area was a 1996 conditional use permit for a "home for the aged" providing care for five individuals, located at the southeast comer of Edwin Drive and Post Oak Drive (#1 on the map). 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. M.~ ~ ~'"~.,. Ar~aceli Diaz C.~ Victoria Gumapas Public Facilities and Services Water and Sewer Water: Sewer: There is a 4-inch water main in Marlborough Circle. The site is already connected to City water. There is an 8-inch sanitary sewer force main in Marlborough Circle. The site is already connected to City sewer. Planning Commission Agenda February 13, 2002 ARACELI DIAZ & VICTORIA GUMAPAS ! # 5 Page 2 Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Princess Anne Road in the vicinity of this application is currently a four (4) lane divided major urban arterial. It is designated in the Master Transportation Plan as a 100-foot right-of-way divided road. There are no CIP projects programmed for this section of Princess Anne Road. Providence Road in the vicinity of this application is currently a four (4) lane undivided urban arterial. It is designated in the Master Transportation Plan as a 100-foot right-of-way divided read with a bikeway. There is a CIP project in the vicinity of this application programmed to begin construction in July 2007 to install left tum lanes at the intersection of Edwin Drive and Providence Road. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity 31,608 ADT ~ 32,500 ADT ~ Princess Anne Road (1994) Existing Land Use 2. 10 Providence Road 13,600 ADT ~ 13,1000 ADT ~ Proposed Land Use 3. 10 (2000) Average Daily Trips as defined by single-family dwelling as defined by single-family dwelling in conjunction with housing for seniors for five individuals Public Safety Police: Fire and Rescue: Adequate - no further comments. The applicant has agreed to install a centrally monitored alarm system. Bedrooms and bathrooms Will be served by a centrally monitored call-for aide system. Senior Housinq Review Committee The applicant has met with the City's Senior Housing Review Committee (SHRC). Based on the information submitted to the Committee, the proposed project is considered suitable for providing care for seniors. An important feature is that the proposed use would provide a much more "home-like" care environment than is typically found in large senior housing facilities. Another significant feature is that three of the five beds would be set-aside for Iow- income residents using Auxiliary Grants. There is a tremendous shortage of these beds available in the city. At present only three facilities have residents with Auxiliary Grants: Marian Manor (which has an extremely long waiting list) and Hope Haven (which will not take anyone who needs daily assistance with bathing, dressing, etc.) and Abundant Care Assisted Living which provides senior living care in a single-family home (approved by City Council on October 24, 2000) and offers three beds for Auxiliary G rants. Planning Commission Agenda February 13, 2002 ARACELI DIAZ & VICTORIA GUMAPAS / # 5 Page 3 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 proposed use is consistent with the Plan's provision for a diversity of housing meeting the needs of the city's older population. Summary of Proposal Proposal · The applicant is requesting a conditional use permit to provide a five (5) bed facility for non-ambulatory and ambulatory residents requiring assisted living care. The City Zoning Ordinance defines assisted living care as providing regular medical, nursing, social and rehabilitative services, in addition to room and board, for functionally impaired persons incapable of independent living. · The applicant will not reside in the home, but will have trained staff with the residents 24 hours a day, 7 days a week. · The Administrator is a Licensed Registered Nurse. The applicants have a combined 50 years of nursing experience. · The home will have the following features: o Medication assistance and management, if needed or determined by the staff o Monitoring of medical requirements and coordinating medical appointment and transportation if needed o Three nutritionally balanced meals daily plus snacks approved by a Certified Health Education Specialist (CHES) o Daily housekeeping service and laundry service for linens, towels and personal clothing at no extra charge o All utilities included including satellite television at no extra charge o Bathing, grooming, dressing and dental hygiene will be provided. o Planned activities and recreational outings will also be provided. · In the vicinity of the proposed use are medical facilities, shopPing facilities, banking, restaurants and the Kempsville Recreation Center. · The monthly rates are dependent on the level of care. Assisted care monthly rate will range from $1,750 to $3,000. Planning Commission Agenda ~;~'~ February 13, 2002 ARACELI DIAZ & VICTORIA GUMAPAS / # 5 Page 4 Site Desi,qn The dwelling is a one story, four bedroom single-family residential dwelling that fronts on Marlborough Circle. The largest bedroom (15.55 feet by 18.16 feet) will be converted into a community room. The remaining bedrooms will contain the five (5) beds for the residents. The bedrooms range in size from 15.41 feet by 13.25 feet, 12.58 feet by 11.9 feet and 11.25 feet by 10.16 feet. The bedroom with three beds has a full bathroom. The two other bedrooms are adjacent to the second full bathroom. The parking requirement for assisted living dwelling units is one (1) space for every two (2) individuals. However, this requirement may be modified by City Council when it is found that special conditions warrant such a modification. The proposed use for five (5) residents would require three (3) parking spaces. The site contains a long driveway that could accommodate three (3) parking spaces. Vehicular and Pedestrian Access · Vehicular access will be from Marlborough Circle, which is a cul-de-sac connected to Marlborough Drive. Architectural Desi,qn · Architectural design is a traditional ranch style home. Exterior material is red brick. The gables have white vinyl and white trim. Landscape and Open Space Desi,qn · The landscaping matches that which is typically found in residential subdivisions. · A large back yard provides open space. A 6-foot wood fence encloses the back yard. Evaluation of Request The request for a conditional use permit to provide assisted care for up to five (5) senior citizens is acceptable subject to the conditions listed below. As conditioned, the proposed use is compatible with land uses in the surrounding area. It is consistent with recommendations in the City's Comprehensive Plan regarding the need to provide more of this type of housing for seniors. The project will provide convenient, living opportunities for seniors in a stable residential setting. Conditions The Conditional Use Permit shall be for assisted living care of up to five (5) seniors as defined by the City of Virginia Beach Zoning Ordinance within 3 bedrooms of the dwelling located on the parcel. Planning Commission Agenda February 13, 2002 ARACELI DIAZ & VICTORIA GUMAPAS / # 5 Page 5 The applicant shall file an application with the State Department of Social Services to be licensed as a home for Adult Care Residence (ACR). If the applicant is not licensed as an Adult Care Residence (ACR), the applicant shall be permitted to care for only three (3) individuals consistent with the regulations of the State Department of Social Services. The applicant and the City Fire Marshall shall meet to review the building and site plans and shall agree to fire safety measures for the facility that are satisfactory to and enforceable by the Fire Marshall. 4. The facility shall meet the building provisions of the American with Disabilities Act or shall require that the residents be ambulatory. 5. The building shall be protected by centrally-monitored alarm systems. Bedrooms and bathrooms shall be served by a centrally-monitored call-for-aid system The house numbers on the front of the residence shall be clearly visible and unobstructed at all times so that emergency personnel can quickly find the house. 7. This Conditional Use Permit shall be administratively reviewed in two (2) years for compliance. 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 February 13, 2002 ARACELI DIAZ & VICTORIA GUMAPAS ! # 5 Page 6 Planning Commission Agenda February 13, 2002 ARACELI DIAZ & VICTORIA GUMAPAS ! # 5 Page 7 C I Planning Commission Agenda February 13, 2002 ARACELI DIAZ & VICTORIA GUMAPAS ! # 5 Page 8 Planning Commission Agenda February 13, 2002 ARACELI DIAZ & VICTORIA GUMAPAS ! # 5 Page 9 Item #5 Araceli G. Diaz and Victoria Gumapas Conditional Use Permit for Housing for Seniors and Disabled Persons 901 Marlborough Circle District 2 Kempsville February 13, 2002 REGULAR AGENDA Ronald Ripley: Mr. Miller will you please call the first application. Robert Miller: Well, I've been also charged with the -- apparently I'm in charge of lost and found and I have Joanne's keys here. Anybody want them back? In their car or their house? Joanne, do you need your keys? First item is Item #5, Araceli Diaz and Victoria Gumapas - if I miss pronounced it I apologize. Will you please come forward? Araceli Diaz: Good afternoon. Robert Miller: Good aftemoon. Victoria Gumapas: Good afternoon. Mr. Chairman and Board Members. My name is Victoria Gumapas. I apologize, I get so nervous. Robert Miller: Just relax. There is no reason to be nervous. Victoria Gumapas. My name is Victoria Gumapas. And here is Ms. Araceli Diaz, my partner. Thank you for having us today. We hope you will consider and approve our request for a Conditional Use Permit on our home for Seniors business. We are here to answer your questions, truthfully, honestly and to the best of our and listen to the neighbors that are opposed to our application. Thank you very much. Ronald Ripley: Thank you but do you want to try to describe to us a little bit about your application and how you would operate it and tell us about it please. Victoria Gumapas: Okay sir. I have worked in a nursing home for 15 years and 5 years in a hospital - Sentara Leigh Hospital, where as Ms. Diaz, who is working there for 25 years all the time. With our experience, we can assure you that we can provide the best care to our residents. Fortunately, the children of our two residents are here to answer your question and serve as our witness. We selected the Fox Run area because it's convenient and available location, close to the hospital, recreational facilities, police protection, Sentara Leigh hospital is just 4 miles and recreational center is just one quarter of a mile. Besides there are already two adult care homes, one is just two houses away from us, which is 912 Covert Court; and the other is two blocks away at 912 Edwin Drive. These two care homes convinced us that this is the best location for us. Last February 2, on said year, we had an open house and invited our neighbors. Three families showed up. They raised some questions of their concern and we answered some promptly and some that we don't know and we are ready to answer them here. Some of the major concerns are the following: if it lowered the value of the property. Based on the information we gathered from the real estate information at work, the value of the property around the Marlborough section, Covert, and Edwin Drive, didn't come down, instead it went up since they started listing of the two care homes. The second concern is the noise and ambulance. We have two residents already and nobody knows that we have residents leaving there. We assured them that it shouldn't be a problem. Instead it's a 100% improvement from the last tenant that we - are resided in the property. As far as the ambulance, these are old people and the last resort that we might need them - we might need their assistance. Being in the medical field, there are a lot of things that we can do first before we can call the ambulance or 911. And then another question is are they going to die there? Wherever we are, if it is our time to die, we will die, whether it's in our residence or not, if it's time for you. Some of our residents, you know, we can send them in the hospital if it is requested by the family to die in the hospital, you know, Item #5 Araceli G. Diaz and Victoria Gumapas Page 2 we will send to the hospital. We don't need to call 911 we can just drive them. Another concern is parking and traffic. We very well know that this is a residential area. So the visiting hours, we have a policy that it is a schedule. And so that there will be no traffic so there would be no problem with the parking. We only requested for 5, so we have a big driveway and we can add any additional parking so that it is not going to be a problem to our neighborhood. Finally Mr. Chairman and Board Members, give us a chance and opportunity to serve these ailing seniors. As we grow older, our children are left behind with bargain and decision. What to do to us? What is best for us? Are they going to stop working so they can take care of us? Are they going to send us in the nursing home because that is the only institution for us? Or send us to a house like we have, where services are better, caretaker to patient ratio is better, affordable and above all that is where every child prefers us to stay. Thank you for your attention and now were ready for your questions. Ronald Ripley: Okay. Dot do you have a question? Dorothy Wood: Do any of your residences drive? Victoria Gumapas: No ma'am. Dorothy Wood: So they will not be having cars there, just visitors. Victoria Gumapas: No. Dorothy Wood: Thank you. Ronald Ripley: Bob? Robert Vakos: Yes ma'am. One thing that I picked up on - you said you already have two residents there? Victoria Gumapas: Yes sir. Robert Vakos: So you're already operating? Victoria Gumapas: Yes sir. Robert Vakos: Okay - let me ask you a second question and I got a question for Mr. Scott. I think it's in the write up that neither one of you are living there? Araceli Diaz: No. We will have a 24-hour staff covering the place but we will be going to check on them everyday. Robert Vakos: Neither one of you will be living there? Araceli Diaz: No. Robert Vakos: The applicants. Alright. Any of your family members there? Araceli Diaz: No Sir. Robert Vakos: Okay. Alright. Mr. Scott I've got two questions. One is, are they in violation by operating without a Conditional Use Permit? Bob Scott: No they're not. There're allowed to operate up to a certain number of people, which I think it is 4 and you don't want to go over that. Robert Vakos: But that's for state regulations. Bob Scott: It's also our zoning ordinance. Item #5 Araceli G. Diaz and Victoria Gumapas Page 3 Robert Vakos: It is for zoning? Okay. Alright. Now in reading the request, the request was for Conditional Use Permit for Senior' s, which by definition or the City's zoning ordnance is limited to families with at least one family member over the age of 62. If they don't have family members, how do they fall under this conditional use permit process? Bob Scott: I don't think that is very accurate description of the section of the code that their abiding under. Housing for seniors is a facility that houses people over a certain age, the numbers are perhaps somewhat higher than we ordinary could be found. I think that weakness definition of- I don't think that it is a requirement that the resident have a family member in additional to getting themselves or herself living there. They would fall under this category - Karen Lasley is back there, Zoning, if she wants to clarify correctly what I said, we welcome it. Robert Vakos: I should have asked this in the informal but I just picked up on it. Bob Scott: I think they meet the requirement. Robert Vakos: They do? So this description is incorrect? Karen Lasley: It doesn't have to be a family member in having people over the age of 62. Robert Vakos: Okay, so this is incorrect as it is described here in the request. Karen Lasley: Just a little bit. We'll get back. Robert Vakos: Okay, alright - but they're allowed, under existing zoning to have 3 or less in occupation - for home occupation without a conditional use permit? Karen is giving me a funny look. Karen Lasley: That's how it was interpreted to me by the previous zoning administrator. It only came to my attention, maybe a month ago. I am not comfortable with that. Although the definition of a family, it can be for unrelated adults, and that's fine. A family doesn't require a business license and this type of use does. And if you look under the residential code under Accessory Activities Operating for Profit, it doesn't fit that definition, you could only have one client in the home, so that's like -- from now on, this type of use, even if it's only 3 adults in the home, I would require them to get a Conditional Use Permit. Robert Vakos: Alright, so if... Karen Lasley: The way the code is written now. Robert Vakos: Yeah, I understand. And it seems to me that kind of make sense because it is a business and it should be regulated in some sense... Karen Lasley: Yeah. Robert Vakos: that it should go through some kind of process. Karen Lasley: I know this group started under the old interpretation and of course we are honoring that. Robert Vakos: Okay. What happens if we mm them down? Are they still going to have to get a Conditional Use for having less than three or? Karen Lasley: I would honor - no - they started under a different interpretation they would be non-conformant. Item #5 Araceli G. Diaz and Victoria Gumapas Page 4 Robert Vakos: Okay. Karen Lasley: Okay? Robert Vakos: Alright. Those are my questions. Thank you. Ronald Ripley: Gene. Eugene Crabtree: I have a couple of questions. Number one. Are all of your residents going to be ambulatory? Araceli Diaz: Yes sir. Ambulatory assistant. Eugene Crabtree: Okay. None of them will be required to getting around without - are they going to be using walkers or will they be using wheelchairs? Araceli Diaz: Walker. Eugene Crabtree: Okay, but no wheelchairs. Araceli Diaz: No wheelchairs. Eugene Crabtree: So you're handicapped accessible type goes to wheelchairs won't apply. Araceli Diaz: I'm sorry. Eugene Crabtree: In other words, your bathrooms for instance - the doorway to your bathroom will not accommodate a wheelchair, they're not large enough in a normal home. Araceli Diaz: No sir. Eugene Crabtree: So you're not going to have to modify the doors to the bathroom in order for your residents to utilize the bathroom? Araceli Diaz: No. What we have fight now is the rails and the elevated chairs in the bathroom and in the bath is - it's lighting so they could go to take a bath. Eugene Crabtree: And you don't anticipate having any bed-ridden residents? Araceli Diaz: Well, we don't... Eugene Crabtree: How are you going to get those to the bathroom? Araceli Diaz: Not right now sir. Not right sir. Not right now. We go get our commercial set. Eugene Crabtree: When you do, are you going to modify the existing? Araceli Diaz: Yeah. Eugene Crabtree: Are you going to make renovations to the facility to accommodate them? Araceli Diaz: Yes. Eugene Crabtree: How many staff members, will you have and residents at 24 hours a day? Item #5 Araceli G. Diaz and Victoria Gumapas Page 5 Victoria Gumapas: We'll have two staff to cover 12 hours. So that's four staffed 24 hours a day? Eugene Crabtree: Two on each shift, 12 hours. Victoria Gumapas: Yes sir. Robert Vakos: I'm sorry. I got follow up. Karen this is for you. In order for them to get this home occupation or for this Conditional Use Permit, are they not required to meet certain ADA requirements, which in fact include handicapped facilities? Any other business would. Karen Lasley: I would have to talk to our building code provision. I don't know ... Robert Vakos: Nobody knows? Stephen White: Condition 4 requires that it meet the building provisions for ADA. Robert Vakos: Okay - alright - so that's probably something that we are going to have to look into - according to the conditions, we have to meet certain building codes and they require some handicapped facilities. I would be real surprise if we didn't have to have them in light of everything else going on with building codes and ADA requirements, which are taken pretty seriously. Ronald Ripley: Betsy? Betsy Atkinson: Following up on what Gene asked, about the staff. We were there last Thursday and you said there are two residents there now and I assume there is one staff person or - there were no cars in the driveway. Where was that staff person parked? Victoria Gumapas: What staff? Betsy Atkinson: When we were there last Thursday, you said there were two residents and there was a staff person. What I am asking is where was the staff person? Does the staff person have a car because there was no car in the driveway? Araceli Diaz: Yes. I was working that day and my husband took the truck to the home. Betsy Atkinson: Oh, okay. I was just curious. So I guess none of these residents have cars? Araceli Diaz: No. Betsy Atkinson: We were really concerned about - if you have a lot of cars out there. Could they have a car if they wanted too? Victoria Gumapas: No, no. Betsy Atkinson: There not allowed to have a car? Victoria Gumapas: They don't need to be in that home if they can still drive and have a Car. Betsy Atkinson: Okay. Ronald Ripley: Gene. Eugene Crabtree: You stated that you are not going to be there all the time, either one of you, but you will have two staff members. Are your staff and you as well, CPR certified with the State? Item #5 Araceli G. Diaz and Victoria Gumapas Page 6 Victoria Gumapas: Yes, that is one of our requirements to being our staff members. Ronald Ripley: Any other questions? Yes Dot. Dorothy Wood: I just have one and it is probably for Mr. Scott. I have a hard time understanding the difference in this and another for profit assisted living or nursing facility as far as the fire requirements and all the requirements. Bob Scott: Well, if we had more of institutional setting to this facility, understanding it's not in the neighborhood. Obviously if you look at the picture, this is basically a house. We would buy those things that are appropriate. It is our intention to have applied, as in this case and every other case, those requirements that are appropriate. Now the type of construction of this, in fact, that it is a one-story structure, not a multi story structure that all comes into play. But they would be required - to be - in fact if you look at condition #3 Ms. Wood, it says, "the applicant and the City Fire Marshal have to meet to discuss this" and I think the outcome of that discussion is going - they are going to have to do what satisfies the City Fire Marshal. Given the specifics of this case. This is not a multi- story building and it's not a building with unusual structural character, they are going to have to do those things that are appropriate concerns. Dorothy Wood: Okay. Ronald Ripley: Any other questions? Joseph Strange: Is it my understanding that you are going to have four staff members. Victoria Gumapas: In 24 hours sir, yes. Joseph Strange: So they will be working 12 hours a day, 7 days a week. Victoria Gumapas: No. We will be having a PRN - somebody who will be relieving them part-timers, 5 days a week and then a part-timers who work 2 days a week. Joseph Strange: So you're going to have more than 4. Araceli Diaz: Yes. Ronald Ripley: Will. William Din: You had mentioned that visitors are going to be scheduled? Is that what I understood you to say? Araceli Diaz: Yes sir. William Din: So are there regular hours that they would be scheduled to or do they have to call to make appointments. I am a little concerned about, I guess the traffic and I think everybody's concerned somewhat about the traffic. Araceli Diaz: Yeah usually, yes sir. Usually the family will call us and tell us that they will be there and you know we can tell them that if that's a good time or not so that there won't be a lot of people or cars in there. Will Din: We've received a lot of letters from the neighbors and they've stated a lot of concerns - I'm not sure we have any speakers who could be here. But there are -- I guess, we reserve the questions for them but have you seen the letters that have presented tO US. Araceli Diaz: Yes sir. Will Din: Okay and you're prepared to answer these questions. Item//5 Araceli G. Diaz and Victoria Gumapas Page 7 Araceli Diaz: Yes sir, to best of my knowledge. Ronald Ripley: Mr. Vakos has another question. Robert Vakos: One more question. I noticed that you're leasing this property? Araceli Diaz: Yes sir. Robert Vakos: How long is your lease for? Araceli Diaz: One year. Robert Vakos: One year? Do you have an automatic extension or do you have any kind of clause in there that you lease it for one - is it one year for a trial or something? Araceli Diaz: No sir. Robert Vakos: Why is just a one-year lease? Victoria Gumapas: Okay. We did a one-year lease because if we go on we will go to a commercial site. Right now we are building our names. Robert Vakos: So this is just a temporary, in your view, in a business plan. Araceli Diaz: In that area. Robert Vakos: Okay. Alright. This is a question I asked in the informal session. This Conditional Use goes with the property. Is that correct Mr. Scott? Bob Scott: No, no. Use permits always go with the land. Robert Vakos: With the land. So if they have a one-year lease and they go on to a bigger facility, we've got a perpetual Conditional Use permit on this piece of property for this type of occupation? Bob Scott: Well. If someone else - if they discontinued the use and someone else came in to do it, if they were to operate according to the exactly same conditions, they would be entitled to do it. If that is a problem for the Planning Commission or you have doubts about the wisdom of that, there is another option that you got, which is to put a time limit on the approval and that's done all the time as you know. Ordinary it's done in the situations where people are not being called on to make large capital investments in the property. This seems to be the case here - you might want to consider that as an option. Robert Vakos: Okay. Bob Scott: If you do that it can be renewed on an annual basis and leased for all the appropriate conditions. Ronald Ripley: Gene you have another question? Eugene Crabtree: I have a question. If the owner of this property is active duty navy, that active duty navy gets orders back to this area and moves into his home, what does that do to him because we put a Conditional Use on it. Bob Scott: Nothing. But it does do something to the use permit. If they discontinue the use of the use permit for I think for a one-year period, two-year period, then it's gone. But that does not exclude someone from, well of course they have a lease to deal with to I think - lets say all that was overcome, it doesn't lose their opportunity... Ronald Ripley: Okay, We have a couple of speakers and would you all like to have a seat and then you will have an opportunity to rebut. We do have a speaker in support. Item #5 Araceli G. Diaz and Victoria Gumapas Page 8 Actually it looks like to me two. It says Joanie and Elba, is that correct? Two people. Oh okay. Joanne Brun: Good afternoon ladies and gentlemen. My name is Joanne Brun and this is my mother Elba Frye and my father is Francis Frye and he is one of the clients of Arbie's home. He has been there since the inception of the home. I live in the Kempsville area. I am also a neighbor. Ronald Ripley: Would you state your address please? Joanne Brun: Yes. It is 4841 Michale Drive. Ronald Ripley: Thank you. Joanne Brun: You're welcome. I'm also a registered nurse. I have 30 years of practicing in nursing and out of those 30 years I have spent 15 years in home health. That is, when you're in home health, you go into people's homes, you assess the situation, you assess the client and you assess the caregivers. I have done this job, both in Virginia, North Carolina and in California. I have been in multiple assisted living homes. The homes that I have visited here in the area are Abundant Care on Newtown Road, Doris's Home on Edwin, Lisa's Home on Indian River and ARVI's. In all cases, all the clients, 100% of the clients in those homes do not drive. All the assisted facilities do have vans whereby they transport their clients to and from hospitals, doctor appointments, whatever is needed and they have scheduled days to do this. There is also an option of family members who come and pick up the clients to take them to the doctor as I do for both my mother and my father. Adult living homes have clients who are dependent. And the word dependent means that they have needs. Such needs are they have needs to assist in ambulation, feeding, toileting, medication assist, bath and bathing. They do not drive 100% of the time. And to answer one of the questions about the facilities and so far as getting this bed bound patient to the bathroom. If the patient is bed bound, he can't go to the bathroom. He would have his bath in bed and he would be served his meals in bed. He would not be ambulatory. If he needed to be transported, he could be transferred into a wheel chair and taken out to the kitchen or taken to the doctor or called medical transport, which is MTI here in the Virginia Beach area. There were questions about - there were questions about the ambulances coming into the neighborhood. My - I don't have a concern with that because we have a professional staff at ARVI' s who can evaluate the signs and symptoms of an emergency and evaluate if that client really does need to have 911 called. These are both registered nurses. So if they found one of their clients on the floor and they did not see that client fall, they could easily assess to see, was that patient conscience? Does that patient have a broken bone? Is that patient able to get up and ambulatory? Has that patient lost their consciousness? Do they know the time? Place? Who they are and where they are? And it is in those acute assessment skills that you can evaluate clients and determine whether or not you need to call an ambulance. Routinely, ambulances are called for airway breathing and circulation problems. They are true emergencies and that staff knows what a true emergency is and will be able to assess them. As far as the question of dying in the home, I think that was addressed very well by both ladies because who knows where you're going to die and dying is a natural cause. There is an organization called Hospice and Hospice values their clients by bringing them in their home situation and having relatives take care of them in the home and they die in the home, it's a natural case. I know a lot of us are afraid of dying. We don't know how were going to die. But we are going to die. And as far as the ambulance goes, I have to go back to that. Just because you're in the home doesn't mean than in an adult home doesn't mean you need an ambulance. Everyone in that -- every person who lives in that cul-de-sac could have at one time or another needs to call an ambulance. We have a 75 year old lady who may have a stroke or the 45 year old man who's obese with high cholesterol and is going to have a heart attack or the two year old who runs out into the street and needs an ambulance. The possibilities are there. It is not just unique to the home situation. As far as the evaluation on the property, I have no concrete evidence as - I am not a staff member - as ARVI's did have so far, as the home appreciation. But I do know prior that prior residence to the home, and this is our little by hearsay, it was a crack cocaine house. Item #5 Araceli G. Diaz and Victoria Gumapas Page 9 And these people have put thousand of dollars into this home for renovation. Let's see here. There are two exits in the home. One is in the front and one is in the back. It is a one-story home. It is freshly painted. It is clean. It has excellent food. They have safety guidelines that are met. They have rails along the hallways. They have an elevated toilet/commode. They have a shower chair and they have low beds, which are a very important requirement in an adult home because if a client does happens to fall out of bed then they don't have that far to fall. And if you're familiar with the regulations also, you are not allowed to restrain clients in bed, so a bed rail or any sort of any restraint is out of the question. The clients also have no skin break down. They are dressed and cleaned. They are happy and content. I have known the proprietors for about 4 to 5 months. They are very warm and caring. As far as the parking goes, I believe I have addressed that already but additionally, I would like to say is that, I pass the house every morning and every afternoon. There are one or two cars visiting. When I take my mother to see my father everyday, I drop her off and pick her up. The cars are never there for a significant amount of time. Ronald Ripley: Ma'am, it's getting near the end of your time. Could you wrap it up a little bit? Joanne Bran: That's about it. I find that - what this is all about is taking care of each other and living in a community. I personally have my own father home and I don't have a license for my home, but I take care of my 81 year old mother who is an invalid and I have an 86 year old father-in-law also in my home that's dying of cancer. Thank you all very much. Ronald Ripley: Thank you very much. Any questions? Okay we do have somebody in opposition here. We have Patty Sadler? Patty Sadler: Hi. My name is Patty Sadler. This is my grandson Trey. I live at 4709 Marlborough Drive. I am directly across the street from the house that we are talking about on Marlborough Circle. My grandson Trey lives on Marlborough Circle. Marlborough Drive is only two blocks long. And one block, which I am sure you're probably familiar with runs from the Kempsville Recreation Center to Edwin Drive. The other block runs from Edwin to Haysberry and that is the block that were talking about. There are - if you mm from Edwin Drive on to Marlborough, there are 11 houSes along the right hand side of that street. On the opposite side of the street there are houses that are interrupted by two courts, one is Pepper Court the other is Marlborough Circle. So were taking about a very small area here and I would like for you to understand this because I want you to know how Marlborough Drive would be impacted by your decision. Marlborough Circle is not exactly a circle it's more of an indentation of Marlborough Drive. There are only 4 houses with the Marlborough Circle address. As you enter that court there's houses on either comer. One faces Marlborough Drive and has a Marlborough Drive address. The other faces Marlborough Circle and has a Marlborough Circle Address. Facing forward there's a house in the very center of the court and then on either side of it, with a pie shape angle. The house that we're talking about has the pie shape font. There is very limited parking there. It has a single car driveway. If there are more than three cars there at one time, any additional cars are going to be in front of somebody else's house. This is one of the problems that I have. My husband and I bought our house when it was new. We've lived there for more than 20 years. It is a single-family neighborhood. By far the majority of people who live in that neighborhood own their houses. There're a hand full of houses that are rental properties and one that we are discussing is one of the rental properties. Quite frankly, I don't want to took out my front window and look at a commercial facility across the street. I don't think that it's right. I don't think it's appropriate in a single-family neighborhood. Several months ago, the City proposed a home for disabled people to be operated by the City and this sits just up the street on the comer of Marlborough Drive and Covert Court. People referenced this house a moment ago. When this proposal was made to accommodate disabled people, I did not object to that. I felt, one - that the disabled need a place to be able to live with the symbol of independence. The facility was to be operated by the City, not a commercial facility. That proposal was approved. The house is there, it's operating to my knowledge, other than some increased traffic, Item #5 Araceli G. Diaz and Victoria Gumapas Page 10 there is no problem with that facility in our neighborhood. What we are taking about with this house on Marlborough Circle is not something that is operating for the City for the residents of the City. We're talking about a commercial venture and I don't feel that it's appropriate in this neighborhood. We do have the one multi-residential facility on our street, at the comer of the street. I don't think that it is fair to our neighborhood to ask us to take a second multi-residential facility. I think that if you allow multiple facilities like this to come in, it will degrade the value of our neighborhood. And I respectfully request that you do not approve this proposal. Ronald Ripley: Thank you very much. Do we have any questions? Bob? Robert Miller: First of all I need to ask staff. This other house for the disabled, that is not on our map. Do you know what were talking about? Number one is on there, which is up on the comer of Edwin Drive. Patty Sadler: I can show you. Robert Miller: Do you know which one it is Karen? Karen Lasley: It's a by-right permitted use. Patty Sadler: It is this one. As you can see, it is on the comer. This is Marlborough Drive - Marlborough and Covert. This house actually faces Covert Court but it sits, it's two sided, Marlborough Court and Covert and as you come down the street, here you're talking about the second house, so you're talking about one here, one here and this is just a one block area. Robert Miller: What is, if you can - what is the house that you said is by-right? Karen Lasley: In our definition of family you can have up to 8 mentally ill, mentally retarded or developmentally disabled persons and staff provided that they're licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services (federal or state or both requirement). Robert Miller: Is this through the Community Services Board Xhen? Is this not an activity that's ..... Karen Lasley: Department of Mental Health, Mental Retardation Substance .Abuse Services. They have to be licensed by that group. Robert Miller: Okay. Karen Lasley: To fit this by-right definition. Robert Miller: Okay. So that's a little bit of different activity then something that Community Services... Karen Lasley: Robert Miller: We are not permitted to regulate that activity when it fits this definition. Right, okay, that clarifies it. Thank you. Ronald Ripley: Bob do you have a question? Robert Miller: Yeah. You mentioned the cars on Marlborough Circle. Are the cars allowed to park on the street? Patty Sadler: Yes, there is street parking there. Robert Vakos: Do some of the houses park cars on the street or .... Robert Vakos: Ronald Ripley: William Din: Patty Sadler: William Din: circle. Patty Sadler: William Din: Item #5 Araceli G. Diaz and Victoria Gumapas Page 11 Patty Sadler: The majority of people use the driveways, however, you do have a few that, like my children were teenagers, they had a car they parked it on the street. Robert Vakos: Okay. Patty Sadler: So you do have some. Like I said there is very limited parking in front of this house, this particular house, because it is an "I" shaped block. Robert Vakos: In light of the fact that they've acknowledge that they had - been operating and had two people. Have you seen? Did you know that? Patty Sadler: No, I did not know that. Robert Vakos: So you didn't notice that? Patty Sadler: I did not. I have seen some cars coming and going. I'll tell you though the comment that this one lady just made that she picks up her mother up everyday and drops her off everyday - Robert Vakos: Step closer to the mic please. Patty Sadler: I'm sorry. The comment the lady just made that she picks up her mother every morning. Robert Vakos: Father. Patty Sadler: Father, comes and goes twice a day. Were talking about at the moment two people at the facility. You're talking about probably, who knows, 5 people, 8 people, I don't know what the maximum you can put in there. Robert Vakos: Five is the requirement. It's the maximum. Patty Sadler: Okay. You have one person. Well the people are going to have to call to make an appointment to come by to see a parent. I find that a little far fetched myself. Robert Vakos: You haven't noticed any activity? Patty Sadler: No, I have not. But I am concern that if the numbers increase and you do have people that are working in the home as well that the traffic is going to increase and not just parking on the street but in traffic coming and going and my little one being out and playing. Okay. Thank you. Any other questions? Okay. You want to. Will, I'm sorry. Ms. Sadler, excuse me. You said you lived there what 20 years? Twenty plus exactly. Okay. The activity you have seen, you've seen very little traffic in that That is correct. Very few cars parked there. Patty Sadler: Right. William Din: What about the other house that you were just speaking of, the state run house. Have you noticed any impact from that area? Item #5 Araceli G. Diaz and Victoria Gumapas Page 12 Patty Sadler: Absolutely. William Din: What have you seen there? Patty Sadler: There's additional traffic. I walk the baby every day that it is nice. Up and down the street and there are always City cars in front, people coming and going. Yesterda);, as a matter of fact, there was a car parked in front of the house and one across the street from it as well. There's a handicap van that comes and like I say, I mean, that's one thing, but now your asking us to have two facilities. That's too much. Ronald Ripley: Any other questions? Robert Miller: How many families in that circle have children? Ronald Ripley: Ma'am, you need to step closer to the mic. Robert Miller: How many families in that circle have children? Patty Sadler: Two have young children, one that's nine months old. There's another family with a two year-old and a five year-old, and then another family with teenagers. That's it. They are lengthened. Another family that is on the comer of Marlborough that also has teenagers. Joseph Strange: Are they homeowners or are they renters? Patty Sadler: There're all homeowners. Ronald Ripley: Betsy? Betsy Atkinson: Just one. When it was a crack house were there're a lot of people coming and going all the time? Were there parties at night? Were there? Patty Sadler: There was a lot of traffic, not parties but a lot of traffic. Ronald Ripley: Okay. Thank you very much. Patty Sadler: Thank you. Ronald Ripley: Would the applicant like to come back up and rebut on anything that's been said? I'm sorry? Before you come back up please, is there any other opposition? I'm sorry. Okay, please come on back up. Victoria Gumapas: Okay about their concern. Just like what I said. We have two already and then nobody knows. The driveway, we can widen that for parking space. When I went to orientation in Social Services, I told them what we planned. So it is a residential home, we have to have a policy. So if they don't like our policy, they're not going to go there, we will not accept them. Because one of the most important policies is to reschedule, you know, reschedule visiting hours, that's what it is. Did I answer it? Ronald Ripley: Yes, we asked you if you wanted to rebuttal anything? I have a question. You seem to have two there now and it didn't seem to noticed of that. And my question is, you want to five and is there a number can you continue to operate with two instead of operating with 5? Yes or no? Would you like? Could you operate with less than five is my question? Victoria Gumapas: I don't think so sir. If we could operate with only two, that is, just like.., it's not just comfortable. You pay the bills the more games and everything and have to pay them you know the staff. Ronald Ripley: So it wouldn't financially feasible for you to do that? Item #5 Araceli G. Diaz and Victoria Gumapas Page 13 Victoria Gumapas: No. Ronald Ripley: Okay. Any questions? Yes, John? John Baum: You said that you planned to move into a commercial site after you get established and get your name, your reputation built up. Victoria Gumapas: Yes sir. John Baum: You foresee this taking place in a year or two years? If we put a two-year time limit on this, will this bother you? Victoria Gumapas: Maybe two years. John Baum: Two years. That wouldn't bother you? Victoria Gumapas: No. Ronald Ripley: Will? William Din: In order to have three people residing there, you're going to have one of the bedrooms converted into a - three people will be residing in one bedroom. What is the approximate size of that? Which bedroom is that? Victoria Gumapas: That's the master bedroom. William Din: Can you tell me how much time people spend in that bedroom or are they ambulatory? Are they going to be roaming through certain parts of the house? Victoria Gumapas: Yes. William Din: Are they confined to that room? Are they? Victoria Gumapas: No. We have two. One is living room and one is the family room. We provide both TV on that side so we do exercises so they're not going to be confined to their room, in the bedroom and the living room area. William Din: I was wondering if someone from the Senior Housing and Review. Can somebody address, maybe the City could address the need for this type of residence? Can you address the need for this type of residence we're seeing here? Well, I see that they support it. I understand that but you know. How much throughout the City do we have of this and what is? I'm trying to understand, I guess the need for this type of facility. I'm trying to understand, I guess, there's a lot of opposition to this and I want to be fair and partial to this thing but understand that there is a need, and the type of need that we are trying to provide here. Ronald Ripley: Will you state your name and address please? Kathy O'Connor: Okay. My name is Kathy O'Connor. I'm with the City's Mental Health Older Adult Services and I have been on the senior housing commission since it began in 96. Each year I do an inventory with senior housing so I am fairly familiar with what else is out there. And generally for assisted living, people have to go into large institutions. There are only two Quasar like, home like places, well I guess maybe a third, so basically people have to leave their familiar home like setting and go into a big institution. So there does appear to be a shortage of alternatives for people who would like to remain in more home like setting. Also, there is a shortage of affordable assisted living. Generally the cost start at $1,800 a month and that's the very low end. Many of those monthly targets don't really include personal gear that people are in need in there to receive. So this facility can potentially help address offering more home-like option for people as well as more affordable assisted living care. Item g5 Araceli G. Diaz and Victoria Gumapas Page 14 Ronald Ripley: Dot? Dorothy Wood: Yeah, I want to ask you a question. Several things. It looks to me like the residents will have less than 60 square feet of living area in this one room. 13x15 seems to be a very small room to spend your life in. I think Joanne said that some of the people were going to be in bed so they will be spending all of their time with this little bit of space. And the second question I had for you is. Everything I've read about senior care says that you should come in unannounced to check on your parents and this is not possible with the way they have it structured and that is really a big concern of mine. Mary deGrouche: I think that is a valid concern. I'm Mary deGrouche. Dorothy Wood: I know. Mary deGrouche: I'm from social services and I am also from this Housing Committee, but I do think that particular area would be a problem because we always do encourage family members to visit and to drop in and to it, maybe a broad time during the day, they certainly wouldn't be dropping in at midnight. Dorothy Wood: Unexpected times I understand to do that. Kathy O'Connor: Regarding the minimum footage, they're going through licensing as an Adult Home and there are minimum square footage requirements for the bedrooms so they would have to meet that to receive a license from the State. Ronald Ripley: Bob, did you have another question? Robert Vakos: Yeah I did for the applicant. I'm a little confused. You have a one-year lease but you may be there three years? I asked this question earlier. Do you have clauses to have the lease renewed for more than one year? Just in case you're not ready to move to a large facility. Victoria Gumapas: Well, its up to the owner if she can give us another year we can stay but the husband is in the navy, they can come back anytime after a year. Robert Vakos: So you have one year definite but you may wish to stay depending on the growth of your business or how successful you are. Okay, thanks. Ronald Ripley: Gene? Eugene Crabtree: You got three people in one bedroom. What type of bed? Are you utilizing standard hospital beds? Victoria Gumapas: We have a twin bed in the rooms. Twin bed. Eugene Crabtree: So ygu're not using hospital bed. So if a person may need to get raised at a 45-degree angle with back to sleep or raise their needs for their comfort, you couldn't do that? Victoria Gumapas: No. But if a patient is a complete patient that can't do anything for themselves they can get a hospital bed. And the hospital bed is only just a twin bed that is because a twin bed you can. Eugene Crabtree: A hospital bed is normally about 4 feet wide and 8 feet long and that is why it fits into and it stands about 3 ½ - 4 feet off the floor that is higher than other beds. Yes. Number 2, do you have bathtubs in the bathroom and you don't have showers but I understood the lady that spoke in your behalf said that you had a shower chair. Victoria Gumapas: We do have a shower in the bathtub. Item #5 Araceli G. Diaz and Victoria Gumapas Page 15 Eugene Crabtree: In the bathtub? But they got to step into the bathtub to get on the shower chair to use the shower. Victoria Gumapas: We have that swing chair in there where they can sit and they can go into the tub. Eugene Crabtree: The lift chair will lift them over there into the bathtub so they can utilize th6 shower. Victoria Gumapas: Yes. Just lift the leg and go to the tub. Ronald Ripley: Is there any other questions? Bob? Robert Miller: Yeah. These are not going to be directed to you all. I've got a couple of staff questions and Bob it goes back to this question. You said and I think I understood you to say by-right, someone could put four people in a senior house without any Conditional Use permit from us at all? Bob Scott: That's right. Betsy Atkinson: We're getting faces over there. Robert Miller: So were asking. I'm trying to get back and maybe it's a misunderstanding on my part that we would never see a house that had four seniors in it? Karen Lasley: That was the previous interpretation. But to me the difference is senior housing requires a business license so I would require a Conditional Use permit from now on. Robert Miller: For any number of seniors? One? Karen Lasley: If it needs a business license? Yes. If 4 senior citizens want to live together as a family, that's fine, but if they want a business license for a home care facility. Robert Miller: Then the next logical question is does the business license require? Does it require when you hit three people or when you have 4 people, I just don't know. I'm not. Karen Lasley: As far as the zoning that would be my determination. Robert Miller: You would decide whether a business license is needed or not? I'm sorry. Karen Lasley: No. I decide whether or not it's approved for zoning. What I would do? The home occupation by-right allows one client in the home at a time so they were a couple, two people, husband and wife living in the home and they wanted to care for one person as a business, I would approve that by-right but more than one we require a Conditional Use permit. Robert Miller: Okay. I guess I'm still stuck at the beginning point is. How do they know they got to come and get a business license? And maybe it's simpler than I am trying to make it and I apologize for this. Karen Lasley: It has to do with paying their taxes. Robert Miller: So if there're operating a business and they have one person in there? Karen Lasley: If is a family situation like the lady that was up that is not a business. Item #5 Araceli G. Diaz and Victoria Gumapas Page 16 Robert Miller: I understood that. So if it's not a family situation. That second thing was, Kathy can you come back up here for a second please. The statement that you made that there're only three houses in the City like this. Only three? Kathy O'Connor: That are truly in residential neighborhoods. And offer a home like setting. Robert Miller: And one of them coincidentally is on Edwin Drive if I am correct. Is that right? Kathy O'Connor: I believe so. Robert Miller: Okay. I think it is. It has been there for as long as I can remember. Will's shaking his head. I believe that's correct. How many people are in each one of those houses? Do you have any idea? I am sorry to put you on the spot with this. Kathy O'Connor: I think it varies from 6 - 8. Robert Miller: Six to eight seniors and not staff? Kathy O'Connor: Seniors, right seniors. Robert Miller: And there are only three in the whole City? Kathy O'Connor: That are licensed as homes for adults. There may be some people that have .... Robert Miller: We've got all these other ones that we didn't catch here. Kathy O'Connor: ... squeezed in with one to three people and my guess is that the neighbors don't know and nobody seen. Robert Miller: I remember back and it seems like its been over a year or so ago where we deal with the house off Northampton Boulevard off of Old Shell Road I believe. What happened with that ultimately? Kathy O'Connor: They lost their license. That was a licensed facility and they did lose their license as a home for adults. Robert Miller: How did they lose their license? Kathy O'Connor: The State Inspectors with repeated problems. Robert Miller: Okay, it wasn't something that they did in violation of our Use Permit? Kathy O'Connor: No. Robert Miller: Okay. Thank you. Ronald Ripley: Okay. We've been on this one for quite a while. Do you all have some discussion here amongst our selves? Bob? Robert Vakos: You know when I walked in here I was not very convinced, especially reading the write up and then comments from some of the letters we got and I was convinced that is was not a very good application but as I listened and as I've interpreted it, I'm willing to move for approval and for several reasons. And one is that. I've always had trouble with this, in the fact that they have three or under, they're not regulated at all. No one checks on them. No one checks on them besides family members on how they're operating on the fact that they're not mistreating. All the things that you can imagine and I think by this application, by taking them up to five, they are, in fact, state regulated which I think is a good thing. The other thing, as I've listen, some of us that have dealt Item #5 Araceli G. Diaz and Victoria Gumapas Page 17 with or experience having parents getting older and all the things that you go through, I do honestly believe that a familiar setting such as a home occupation is a lot better than some institutional uses even thought I'm not going to knock those. So I do think there is a need for it and it seems to be that this is a good application. And I think the conditions, as I re-read them, meet a lot of the concerns also. Number one is that they will be regulated by State and number two is they will have to meet the ADA. I mean it says in condition number 4 that they are going to have to do that. And the last one, as far as the fire marshal, I can understand the concern of neighbors. It is a business. I mean whether you want to call it something else or not but it is a business and there will be cars coming in and out. There will be a certain traffic flow and a certain disruptive but I don't know if this so honorest in the fact that they're going to double but yet they've had two there and no one seems to have noticed it. I would add one condition and whether the time frame. I was going to say one year condition since that's what the lease say but if the Commission wants to go a little longer with that I don't have a problem with that but I do think it aught to be reviewed at some point by the staff and that would help with the neighbors. I think because if there're problems, the neighbors would have the opportunity to express that so I would move for approval with the seventh condition for a two year administrative review or administrator review which I'm fine and comfortable with. Ronald Ripley: I think we have a little more discussion. Robert Vakos: That's fine. Ronald Ripley: Did you have something? Will? William Din: Well, my discussion, I guess is just to agree with what Bob was saying. I think we've had more... Ronald Ripley: Will that be a second? William Din: I will be more than happy to second it but from what I heard here. I feel like the neighborhoods are not impacted by what we see or what we don't know and certainly by increasing the number of residents there I believe that is going to be a good thing also because of the regulations that are going to be required by them. This is more than a commercial venture in my opinion. I think it's a need that is needed. And seniors need to have settings like this to be able to live the quality of life and it's very important to me to see that occurs here so in a lot of ways I've changed my mind when I walked in here but to listen to this application so I'm going to support it and I will be glad to second it. Ronald Ripley: We have a motion and a second but we still have some further discussion here. John? John Baum: Well, I'm like Bobby. We had parents who had a terrible time and I am sympathetic. I want to ask do I have a conflict of interest? Two days ago I turned 75. Ronald Ripley: As long as you don't have an application in for it. Bob Miller did you have a comment? Robert Miller: Happy birthday John. I think I'd asked myself would I want a house like this in my neighborhood and the answer that I came up with is that I would. I think that we need to support having alternatives for our senior citizens and this is certainly a good way of doing it. I am disappointed, not in Kathy's statement or in Kathy but there is only three others recognized in the City. I think this is an alternative that we need to have in our City. By putting a time frame on it, I think it gives the community an opportunity to watch what's going on and to make sure and if there were to be something that was unusual or there was a lack of the community additive, I think these ladies, both in body and what they said and the residents themselves would be measured somehow in that two years so I really believe this is something. Whenever I see something like this, I am going to look at with a real strong eye towards favoritism because I believe this City and Item #5 Araceli G. Diaz and Victoria Gumapas Page 18 our idea of having some other generational idea of where our seniors are and where are younger people are, it' s not such a bad thing for all of us get together every once in awhile to say hello and I hope that neighborhood will at some point accept these people as they have the folks up the street with open arms. Ronald Ripley: Okay, well then are we ready for the question? Ed Weeden (recorder): Who seconded it? Ronald Ripley: Seconded by Will Din. AYE 10 NAY 1 ABS 0 ABSENT 0 ATKINSON AYE BAUM AYE CRABTREE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS AYE WOOD AYE NAY Ronald Ripley: By a vote of 10 - 1, the motion passes. DISCLOSURE STATEMENT Applicant's Name: ~l.~r~' ~.~ List All Current Property Owners:, PROPERTY OWNER DISCLOSURE ff 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) 'Pix- 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. l certify that the info~t~~/ain~inis true and accurate. Print CERTIFICATION: Rev. 9113/9R Map D 7-8 Nap Not. to Scale Central Park Associates, L.L.C. °B-2 GFin 1467-80-6177 3093 ZONING HISTORY 1. Change of Zoning (R-6 Residential District to O-1 Office District) - Denied 4-18-83 Change of Zoning (R-6 Residential District to A-1 Apartment District) - Denied 9-10- 84 Change of Zoning (R-7.5 Residential District to Conditional B-2 Community Business District) - Granted 3-12-91 2. Change of Zoning (R-8 Residential District to A-1 Apartment District) - Granted 11- 21-83 3. Change of Zoning (R-8 Residential District to A-1 Apartment District) - Granted 6- 18-84 4. Change 1 O-84 5. Change Granted 6. Change 87 Change 88 7. Conditional Use Permit (Motor Vehicle Rental) - Granted 6-25-96 of Zoning (R-8 Residential District to A-1 Apartment District) - Granted 9- of Zoning (R-6 Residential District to B-2 Community Business District) - 3-3-86 of Zoning (R-6 Residential District to O-1 Office District) - Withdrawn 3-23- of Zoning (R-6 Residential District to O-1 Office District) - Withdrawn 1-11- CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Central Park Associates, L.L.C., Conditional Rezoning MEETING DATE: March 12, 2002 Background: An Ordinance upon Application of Central Park Associates, L.L.C., for a Change of Zonino District Classification from R-7.5 Residential District to Conditional B-2 Community Busines~ District on certain property located on the south side of Bonney Road, 410 feet more or less east of Witchduck Road (GPIN #1467-80-6177; #1467-80-3093). The proposed zoning classification change to Conditional B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for suburban residential/Iow density that is compatible with single family use in accordance with other Plan policies. Said parcel is located at 5129 Bonney Road and contains 4 acres. DISTRICT 2 - KEMPSVILLE. Considerations: The applicant is requesting a rezoning from R-7.5 Residential District to Conditional B-2 Community Business District to construct a 36,000 square foot, one story office building with limited retail space (up to 10,000 square feet of the total). The development will be the second phase of the existing Central Park development located to the west. The Planning Commission placed this item on the consent agenda because staff recommended approval, there was no opposition to the request, and the proffers establish a development that is sensitive to the adjacent residential neighborhoods by eliminating as potential uses land uses those that either generate high traffic or are otherwise incompatible with residential areas and by providing a Iow dse, architecturally compatible building, Recommendations: A motion was passed unanimously by the Planning Commission by a recorded vote of 11-0 to approve this request as proffered. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: )(._. CENTRAL PARK ASSOC., L.L.C. / # 11 February 13, 2002 General Information: REQUEST: ADDRESS: Change of zoning from R-7.5 to Conditional B-2 Community Business District. 5129 Bonney Road Map D 7-8 ~lop No~. to SceIe Central Park Associates, L.L.C. Gpin 1467-80-6177 3093 GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: APPLICATION HISTORY: 1467-80-6177 1467-80-3093 2 - KEMPSVILLE 4.0 acres Carolyn A.K. Smith To construct a 36,000 square foot, one story office building with limited retail space (up to 10,000 square feet of the total). This request was deferred at the request of the applicant at the December 12, 2001 hearing. Major Issues: · Compatibility of the proposed use with surrounding residential properties. Planning Commission Agenda ~~'~.. ~ February 13, 2002 CENTRAL PARK ASSOC., L.L.C. ! # 11 Page I Land Use, Zoning, and Site Characteristics: Existin,q Land Use and Zoning The one-acre parcel has a single family dwelling on it and the adjacent three-acre site to the east has several small structures on it. Both properties are zoned R-7.5 Residential District. Surroundinq Land Use and Zonin,q North: South: East: West: · Single family dwellings / R-10 Residential District · Multifamily dwellings / A-12 Apartment District · City of Virginia Beach right-of-way (formerly Norfolk & Southern railroad property), single family dwellings / R-5D Residential District · Office park / Conditional B-2 Community Business District Zoning and Land Use Statistics With Existing Zoning: With Proposed Zoning: The two properties could be developed with approximately 3.5 units to the acre, 14 units, under the current R-7.5 zoning. With the proposed zoning, no residential development would be permitted. Uses typi(Jal within an office park would be permitted expect those specifically excluded within the proffer agreement. The proffer agreement limits the square footage of customer-oriented retail to 10,000 square feet. Zonin,q History In March of 1991, the City Council approved a change of zoning on the parcel adjacent to the west (#1 on map) from R-7.5 Residential District to Conditional B-2 Community Business District. In both 1987 and 1988, applications to rezone the property in Central Park ASsociates~ L.L.C. C~i~ 1467-~0~177 $~93 Planning Commission Agenda February 13, 2002 CENTRAL PARK ASSOC., L.L.C. / # 11 Page 2 question and the adjacent parcel to the west from R-6 Residential District to O-1 Office District were withdrawn prior to consideration by the City Council. Staff's major concerns with these requests were: (1) potential traffic increase beyond Bonney Road's capacity, (2) impact on surrounding residential properties, and (3) encroachment of additional office uses along Bonney Road. The following are keyed to the map above: Change of Zoning (R-6 Residential District to O-1 Office District) - Denied 4-18-83 Change of Zoning (R-6 Residential District to A-1 Apartment District) - Denied 9-10- 84 Change of Zoning (R-7.5 Residential District to Conditional B-2 Community Business District) - Granted 3-12-91 Change of Zoning (R-8 Residential District to A-1 Apartment District) - Granted 11- 21-83 3. Change of Zoning (R-8 18-84 4. Change of Zoning (R-8 10-84 5. Change of Zoning (R-6 Granted 3-3-86 6. Change of Zoning (R-6 87 Change of Zoning (R-6 88 7. Conditional Use Permit Residential District to A-1 Apartment District) - Granted 6- Residential District to A-1 Apartment District) - Granted 9- Residential District to B-2 Community Business District) - Residential District to O-1 Office District) - Withdrawn 3-23- Residential District to O-1 Office District) - Withdrawn 1-11- (Motor Vehicle Rental) - Granted 6-25-96 Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of less than 65dB Ldn surrounding NAs oceana. Natural Resource and Physical Characteristics There is an existing single-family dwelling on the western parcel and some small buildings on the larger parcel to the east. The majority of the property is heavily wooded. Other than some significant trees, there are no other sensitive environmental features. Public Facilities and Services Water and Sewer Water: Sewer: There is a six-inch water main in Bonney Road. This site must connect to City water. There is an eight-inch gravity main in Bonney Road. This site must connect to City sewer. Transportation Master Transportation Plan (MTP)/Capital Improvement Program (CIP): Bonney Road, in the vicinity of this project, is currently a two-lane collector roadway. The Master Transportation Plan identifies Bonney Road as a 70-foot undivided right- of-way. No improvements are scheduled for this portion of Bonney Road in the currently adopted Capital Improvement Program. Planning Commission Agenda February 13, 2002 CENTRAL PARK ASSOC., L.L.C. ! # 11 Page 3 Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use z_ 140 ADT Bonney Road 5,000 ADT ~ 6,200 ADT ~ Proposed Land Use 3_ 693 ADT ~ge y Trips 32 as defined by development potential (14 homes) of current zoning as defined by 36,000 square feet of office/retail Public Safety Police: Adequate Fire and Adequate Rescue: Comprehensive Plan The Plan identifies these two parcels as planned for residential uses at or below 3.5 units per acre. The Bonney Road Corridor, south of Route 264, has continued to grow economically and has its potential to emerge as a major new development and redevelopment area within the City. There is a large amount of underutilized land, and the corridor's central location within close proximity to major highways and other business 'centers is advantageous for businesses. Over the past few years, significant public and private investments have been targeted within this general area along Bonney Road, creating improved public facilities and new economic growth opportunities. These investments include the widening of Independence Boulevard to eight lanes and the Route 264 off- ramp link to Bonney Road. The Comprehensive Plan provides site-specific recommendations for tracts west of the subject site to guide future growth and development in this area. The recommendations focus on the objective to encourage greater economic vitality consistent with the need for effective and efficient development of public infrastructure. While this specific site under consideration is not specifically targeted, the Plan's recommendations do impact the entire area. Summary of Proposal Proposal · The applicant proposes to rezone four acres of property currently zoned R-7.5 Residential District to Conditional B-2 Community Business District to construct a 36,000 square foot office complex. Site Desiqn · The site plan depicts a 36,000 square foot "L" shaped office building with approximately 225 parking spaces. A variable width reservation is depicted along Bonney Road. Planning Commission Agenda February 13, 2002 CENTRAL PARK ASSOC., L.L.C. / # 11 Page 4 A shared ingress/egress at Bonney Road with the property to the west is shown on the plan. This is the only entrance into this site. An egress-only point is depicted approximately 490 feet from the ingress/egress point to the west. An easement to allow encroachment onto this site for additional parking spaces for the adjacent site to the west is also depicted on the plan. The encroachment is approximately 4 to 5 feet and allows 25 new parking spaces on the adjacent site. · Two stormwater management ponds are proposed: one located at the northeast corner of the property and the other behind the building. · A freestanding sign is depicted at the northwest corner of the PropertY~ Details of the sign were not included in the application. The site plan also shows a 70 foot wide abandoned Norfolk & Southern Railroad area, now owned by the City of Virginia Beach, along the entire length of the southern property line. All improvements are required to be at least 15 feet from the rear property line. The site plan depicts the loading space within 10 feet of the property line that is adjacent to a residential district. A Board of Zoning Appeals variance will be required for this encroachment or the loading space will have to be reconfigured. Vehicular and Pedestrian Access · An off-site, shared ingress/egress point with the property to the west is shown on the plan along Bonney Road. This is the only entrance into this site. An "egress-only" point is depicted approximately 490 feet from the ingress/egress point to the west. This will restrict the movements out of the site to a right turn only from this point. · Pedestrian access on the site is adequate. Architectural Design · The submitted elevation depicts a reddish brick, one Story building'with green tinted windows; however, the applicant has agreed only to proffer the building design and building construction materials. A palette of color options is provided in the proffer agreement to provide the applicant flexibility with color selection. The exterior walls will be constructed with either red brick with bronze, grey, green or blue tinted glass or grey brick with grey or blue tinted glass. · The "L" shaped building has extended "pop-outs" that provide visual horizontal relief to the building. Landscape and Open Space · Foundation landscaping is depicted along the north and west facades. · Streetscape landscaping is shown along Bonney Road and appears to meet the minimum requirements set forth in the Zoning Ordinance. The required screening along the southern property line is also shown on the site plan. The minimum width of the Category IV buffer adjacent to a residential property is 15 feet. Planning Commission Agenda February 13, 2002 CENTRAL PARK ASSOC., L.L.C. / # 11 Page 5 A more detailed review of all applicable landscape requirements will be conducted during final site plan review. Proffers PROFFER # 1 Staff Evaluation: PROFFER # 2 Staff Evaluation: PROFFER # 3 Staff Evaluation: PROFFER # 4 Staff Evaluation: PROFFER # 5 When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "REZONING EXHIBIT OF CENTRAL PARK OFFICE BLDG., BONNEY ROAD, Virginia Beach, Virginia," prepared by Kellam- Gerwitz Engineering, Inc., dated December 6, 2001, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). This proffer is acceptable. It requires the applicant to develop the property as depicted on the site plan, including landscaping, right-of-way reservation, shared entrance with adjacent parcel, etc. When the property is developed, all interior lines within the Property shall be vacated. This proffer is acceptable. When the Property is developed, lighting on the Property shall be directed inward and deflected away from adjoining properties. This proffer is acceptable. When the Property is developed, a permanent landscape buffer area shall be installed and maintained along the northem boundary of the Property, adjacent to Bonney Road, containing Category IV Landscaping as specified in the Zoning Ordinance and related regulations, in order to screen improvements on the Property and all parking areas. In addition, any existing, healthy, mature trees located in this buffer area, as shown on the Site Plan shall be saved and incorporated into the Category IV Landscaping. This landscaped buffer area may be used only for the installation and maintenance of utilities and shall otherwise remain natural and undisturbed. Any existing, healthy, mature trees located within the required setback areas along all other boundary lines of the Property will be preserved to the extent possible in order to provide additional screening of the Property, so long as they do not interfere with required utility facilities. This proffer is acceptable. All exterior building walls of any improvements constructed on the Property will be constructed of (1) red brick with either bronze, grey, green, or blue tinted glass or (2) grey brick with either grey or blue tinted glass. All loading or service doore or bays shall be located at the rear of any improvements on the Property. The building design and Planning Commission Agenda February 13, 2002 CENTRAL PARK ASSOC., L.L.C./# 11 Page 6 Staff Evaluation: PROFFER # 6 Staff Evaluation: PROFFER # 7 Staff Evaluation: PROFFER # 8 Staff Evaluation: architectural elements shall substantially adhere to the architectural rendering of "Central Park Office/Commercial Bldg. On Bonney Road," dated September 4, 2001, which has been exhibited to the City Council of the City of Virginia Beach and which is on file with the City of Virginia Beach Department of Planning. This proffer allows some flexibility on color selection of the exterior materials but does limit to the applicant to utilizing only red or grey color brick. This will add to the quality of the final design. This proffer is acceptable. In order to address potential impacts from increased traffic generation, arising from the proposed development of the Property, Grantors shall limit the area to within the center which can be utilized by businesses selling goods at retail to ten thousand (10,000) square feet of all floor space within the improvements on the Property. In addition, the following uses shall not be permitted on the Property or within improvements constructed thereon: animal hospital, veterinary establishment, commercial kennel, automobile sales or repairs, automobile service station, boat sales, borrow pit, bulk storage yard, car wash, drug store, eating and drinking establishments, funeral home, greenhouse and plant nursery, grocery store, carry-out food store, liquor store, laundromat, mini-warehouse, nightclub, bar, tavern, dance hall or passenger transportation terminal. The proffer excludes the majority of the uses that have the potential to negatively impact the surrounding residentially properties. This proffer is acceptable. The Site Plan shall be substantially adhered to in order to provide for the coordinated development of the Property in terms of parking, layout, access and traffic control and circulation within the Property and access to and ingress and egress from Bonney Road reasonably acceptable to the City of Virginia Beach Department of Planning and all traffic engineering authorities within the City of Virginia Beach. This proffer is acceptable. Additional tum lanes into this site were not warranted. The shared access with the adjacent parcel is ideal. Further conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee. The standard Proffer is acceptable. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated August 14, 2001, and found it to be legally sufficient and in acceptable legal form. Planning Commission Agenda February 13, 2002 CENTRAL PARK ASSOC., L.L.C. I # 11 Page 7 Evaluation of Request The request to change the zoning on this parcel is acceptable. In both 1987 and 1988, applications to rezone the property in question and the adjacent parcel to the west from R-6 Residential District to O-1 Office District were withdrawn prior to consideration by the City Council. Staff's major concerns with these requests were: (1) increased traffic beyond Bonney Road's capacity, (2) impact on surrounding residential properties, and (3) allowing additional office uses along Bonney Road. Since the rezoning requests of 1987 and 1988, this area - particularly to the north and west - has experienced shifts in land uses, primarily from residential to office. As stated on page 124 of the Comprehensive Plan, "Because of the large amount of underutilized land [in the Bonney Road corridor], its central location within the city and close proximity to major highways and other business centers, this corridor has continued to grow economically and, further, has the potential to emerge as a major new development and redevelopment area." The Plan recommends that development of property within this corridor should proceed "under the provisions of conditional rezonings along with renderings demonstrating exceptional quality in the areas of site planning and building design" (page 124). The figures provided by the City's Traffic Engineering staff reveal that Bonney Road is under capacity in the vicinity of this parcel and is able to accommodate the anticipated increase in traffic generated by this project. The proposed proffers remove incompatible land uses that could have a detrimental impact on the adjacent residential use. These proffers establish a development that is sensitive to the adjacent residential neighborhoods by removing high traffic generating land uses and providing Iow rise, architecturally compatible building While this request is for a typically retail-oriented zoning (Conditional B-2), the applicant does not anticipate that many retail uses will occupy the building due to the limited visibility from a major roadway. The B-2 zoning does allow certain uses that are not allowed by right under the O-1 Office District such as medical laboratories. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable Cit~ Codes. Planning Commission Agenda February 13, 2002 CENTRAL PARK ASSOC., L.L.C. / # 11 Page 8 Applicant Name (plan title) Planning Commission Agenda February 13, 2002 CENTRAL PARK ASSOC., L.L.C. ! # 11 Page 9 Planning Commission Agenda February 13, 2002 CENTRAL PARK ASSOC., L.L.C. / # 11 Page 10 Planning Commission Agenda February 13, 2002 CENTRAL PARK ASSOC., L.L.C. / # 11 Page 11 Planning Commission Agenda February 13, 2002 CENTRAL PARK ASSOC., L.L.C. / # 11 Page 12 Item #11 Central Park Associates, LLC Changing of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District 5129 Bonney Road District 2 Kempsville February 13, 2002 CONSENT AGENDA Dorothy Wood: Thank you Ron. This afternoon we have 4 items on the consent agenda. As I call the item, will you please step to the podium either the representative or the applicant. State your name and if you have read the conditions and you agree with them. Dorothy Wood: The last one is Item #11, which is Central Park Associates. A change of zoning district classification from R-7.5 Residential District to Conditional B-2 Community Business District that's located on Bonney Road east of Witchduck Road. The zoning classification changed is to be commercial, for commercial land use. The Comprehensive Plan recommends use of this parcel for suburban residential low density that is compatible with single-family use. And that is on 5129 Bonney Road, 4 acres and it's in the Kempsville District. Mr. Bourdon? Eddie Bourdon: Thank you. Members of the Commission. Again, Eddie Bourdon for the record. It's a proffered rezoning and we are obviously appreciative of having it on the consent agenda. Ron Ripley: I would like to add, if there is opposition, anybody who has any opposition to any one of these items, all you simply have to is come up here and say your opposed - state your name and address and state that -- you oppose and it will be pulled off the agenda. Dorothy Wood: Is there any opposition to this agenda? Consent agenda item? Mr. Ripley I would move to approve the 4 consent agenda items, number 2 with ten conditions, number 3 with eight conditions and number 6 and 11. Ronald Ripley: We have a motion and a second by Don Horsley to approve the items as so stated. Robert Miller: I need to abstain from item #6. My firm is working on the project. Ronald Ripley: So noted. Anybody else? Commissioner's ready to vote? AYE 11 NAY 0 ABS 0 ABSENT 0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS AYE WOOD AYE Ron Ripley: By a vote of 11-0, the motion carries noted. APPLICATION . PAGE 4 OF ~ CONDITIONAL REZONING !: ::~ ~ cITY OF:VIRGINIA BEACH Applicant's Name: DISCLOSURE STATEMENT Central Park Associates, L.L.C. List All Current Property Owners: Walter S. Humphries; Daniel J. Humphries; Walter L. 'Humphries PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: N/A (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) N/A Check here if the property owner is NOT a corporation, partnership, firm, orother 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) Edwin S. Waitzer, Sole Member/Manager Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the informatiorl.eOntained he~in is true and accurate. Signa'h'amrr--~ Central Park Associates, L.L.C. By Edwin S. Waitzer Print Name FORM NO. P.S. lB City o£ Virginia Fie_ach IffFER-0 FFICE ' CORRE$?0~PENCE In Reply Refer To Our File No. DF-5467 TO: FROM: DATE: DEPT: DEPT: Leslie L. Lilley B. Kay Wilson~ February 27, 2002 City Attorney City Attorney Conditional Zoning Application Walter Humphries, et als and Central Park Associates, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 12, 2002. I have reviewed the subject proffer agreement, dated August 14, 2001, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter ~urther. BKW Enclosure PREPARED BY: I$Y[[$. gOUI~DON. AtlI~N h l~V. P.C WALTER S. HUMPHRIES, DANIEL J. HUMPHRIES, WALTER L. HUMPHRIES and CENTRAL PARK ASSOCIATES, L.L.C., a Virginialimited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS} CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 14th day of August, 2001, by and between WALTER S. HUMPHRIES, DANIEL J. HUMPHRIES and WALTER L. HUMPHRIES, Property Owners and CENTRAL PARK ASSOCIATES, L.L.C., a Virginia limited liability company, Contract Purchaser, hereinafter collectively referred to as Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Property Owners are the owners of two (2) certain contiguous parcels of property located in the Kempsville District of the City of Virginia Beach, containing approximately four (4) acres and descr/bed in Exhibit ~A' attached hereto and incorporated herein by this reference, said parcels being hereinafter referred to as the ~Property'; and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to B-2 Community Business District; and GPIN: 1467-80-6177 1467-80-3093 RETURN TO: SYKES, BOURDON, AHERN & LEVY, P.C. PEMBROKE ONE BUILDING, THE FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462 PREPARED BY: SYKES. I~OUtlDON. AIIL~N & LIVY. P.C. WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to pei-mit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in ritle or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors their successors, personal representatives, assigns, grantees, and other successors in interest or ritle: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "REZONING EXHIBIT OF CENTRAL PARK OFFICE BLDG., BONNEY ROAD, Virginia Beach, Virginia~, prepared by Kellam-Gerwitz '7. PREPARED BY: $Y[£S. t~OUt~DON. Atli~N & l~,'Y, p.e. Engineering, Inc., dated Dec. 3, 2001, which has been exhibited to the Beach City Council and is on file with the Virginia Beach Department of (hereinafter "Site Plan"). 2. When the Property is developed, all interior lot lines within the shall be vacated. 3. When the Property is developed, lighting on the Property shall be directed inward and deflected away from adjoining properties. 4. When the Property is developed, a permanent landscape buffer area shall be installed and maintained along the northern boundary of the Property adjacent to Bonney Road, containing Category IV Landscaping as specified in Zoning Ordinance and related regulations, in order to screen improvements on th~ Property and all parking areas. In addition, any existing, healthy, mature trees located in this buffer area, as shown on the Site Plan shall be saved and incorporated into the Category IV Landscaping. This landscaped buffer area may be used only for the installation and maintenance of utilities and shall otherwise remain natural and undisturbed. Any existing, healthy, mature trees located within required setback areas along all other boundary lines of the Property will be preserved to the extent possible in order to provide additional screening of the Property, so long as they do not interfere with required utility facilities. 5. All exterior building walls of any improvements constructed on the Property will be constructed of (1) red brick with either bronze, grey, green or blue tinted glass, or (2) grey brick with either grey or blue tinted glass. All loading or service doors or bays shall be located at the rear of any improvements on the Property. The building design and architectural elements shall substantially adhere to the architectural rendering of "Central Park Office/Commercial Bldg. on Bonney Road", dated Sept. 4, 2001, which has been exhibited to the City Council of the City of Virginia Beach and which is on file with the City of Virginia Beach Department of Planning. 6. In order to address potential impacts from increased traffic generation, arising from the proposed development of the Property, Grantors shall limit the area within the center which can be utilized by businesses selling goods at retail to ten thousand (10,000) square feet of all floor space within the improvements on the PREPARED BY: 5"~[$. t~OUEDON. AlbiON & Lr~, l).C Property. In addition, the following uses shall not be permitted on the Property or within improvements constructed thereon: animal hospital, veterinary establishment, commercial kennel, automobile .sales or repairs, automobile service station, boat sales, borrow pit, bulk storage yard, car wash, drugstore, eating and drinking establishments, funeral home, greenhouse and plant nursery, grocery store, carry-out food store, liquor store, laundromat, mini-warehouse, nightclub, bar, tavern, dance hall or passenger transportation terminal. 7. The Site Plan shall be substantially adhered to in order to provide for the coordinated development of the Property in texms of parking, layout, access and traffic control and circulation within the Property and access to and ingress and egress from Bonney Road reasonably acceptable to the City of Virginia Beach Department of Planning and all traffic engineering authorities within the City of Virginia Beach. 8. Further conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee. Ail references hereinabove to R-7.5 and B-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such 4 PREPARED BY: IS's/KEg. ]}OUI~DON. AHLq~N & LIVY. P.C instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and ff not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: AItI:I~N & L~¥. P.C WITNESS the following signature and seal: GRANTOR: CENTRAL PARK ASSOCIATES, L.L.C., a Virginia li~ted liability company · ~ Edwin~ .~Wai~r (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this I~'yh day of [~__~ [.fl ~b/.~ ,2001, by Edwin S. Waltzer, Manager of Central Park Associates, L.L.C., a Virginia limited liability company. My Commission Expires: ~ Notar~ Public PREPARED BY: IS-'YKES. tlOUtlDON. AII[tl~ & [FVY. P.C WITNESS the following signature and seal: GRANTOR: Walter S. Humpl~ries STATE OF VIRGINIA. cn, v OF V,eo, to~s~ b~~ , to-wit: The foregoing instrument was acknowledged ~~.~, 2001, by Walter S. Humphries. My Commission Expires:/~.1,...~ before me this ~7~/d' day of Notary Pubh~''' PREPARED BY: ISY[ES. AII[i~N & LL'VY. P.C. WITNESS the following signature and seal: GRANTOR: ' Da~i~. Humpl~s STATE OF ~IRGINJA ~ cI~ oF V,g~i'~o., , to-wit: The foregoing instrument was acknowledged before me j,~, 2001, by Daniel J. Humphries. My Commission Expires: ~ this ~day PREPARED BY: ISYKES. i~OURDON. AII[I~N & L~Y. P.C. WITNESS the following signature and seal: GRANTOR: W~lter L ~Hu~rn'phn~ (SEAL) STATE OF ,VIRGINIA .'7 CITY OF [/'lJ26,r~?~,-/~)-~'u~,L,~ , to-wit: The foregoing instrument was acknowledged [~Lcrr~~-y~ , 2001, by Walter L. Humphries. My Commission Expires: of 9 EXHIBIT PARCEL 1: ALL THAT certain tract, piece or parcel of land, with the improvements thereon situate, lying and being near Kempsville, Kempsville Borough, City of Virginia Beac~ (formerly Princess Anne County), Virginia, containing three (3) acres, more or less and described as follows: On the West by the Main Road from Kempsville to Euclid. On the South by other lands now or formerly belonging to Minnie Lee Humphries; on the East by the right- of-way of the Norfolk-Southern Railroad Company's right-of-way, and on the North by the right-of-way adjoining AbrahAm Hawkins. A plat of said property is recorded in Map Book 17, Page 58. IT BEING the same property conveyed to Minnie Lee Humphries by Deed from E I. Herrick and Alexina E. Herrick, dated December 31, 1945, recorded in Deed Book 233, Page 19. Minnie Lee Humphries died intestate March 30, 1978, survived by Walter S. Humphries, her husband, and Waiter L. Humphries and Daniel J. Humphries, her sons. GPIN: 1467-80-6177 PREPARED BY: AIII-~I~N & I.I-.'VY. P.~. PARCEL 2: ALL THAT certain lot, piece or parcel of land, situate, lying and being in Kempsville Borough, in the Village of Kempsville, City of Virginia Beach (formerly Princess Anne County), Virginia, and described as follows: BEGINNING at an iron stob in the edge of the right of way of the public road, which is the intersection of the edge of said right of way, the property hereby conveyed and other property of E. I. Herrick, and is the Southwest corner of the property hereby conveyed, and running thence North along the edge of the right of way of said public road 100 feet (in the direction of Euclid) to an iron stob; thence turning and running East in a straight line 435 feet to point in the edge of the property of Norfolk Southern Railroad Company; thence turning and running South along the edge of the right of way of the Norfolk Southern Railroad Company to an iron post; thence turning and running West 461 feet to the iron stob in the edge of the right of way of the public road, the point of beginning, said tract of land containing one ([) acre, but the said tract is conveyed in gross and not by the acre. IT BEING the same property conveyed to Minnie Lee Humphries by Deed from Leslie Stanton and Emily Stanton, dated January 18, 1944, recorded in Deed Book 220 Page 554. Minnie Lee Humphries died intestate March 30, 1978, survived by Walter $. Humphries, her husband, and Walter L. Humphries and Daniel J. Humphries, her sons. GPIN: 1467-80-3093 CONDREZN / CNTRLPRK/PROFFER6 REV. 12/12/01 Ko APPOINTMENTS 1. SHORE DRIVE ADVISORY COMMISSION 2. TIDEWATER REGIONAL GROUP HOME COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT