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Home My WebLink AboutSEPTEMBER 9, 2003 AGENDACITY COUNCIL MAYOR MEYERA E OBERNDORF, At -Large VICE MAYOR LOUIS R JONES, Baysute - District 4 HARRY DIEZ,EL, Kempsville -District 2 MARGARET L EURE, Centerville -District I REBA S McCLANAN, Rose Hall - District 3 RICHARD A MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At -Large RON A VILLANUEVA, At -Large ROSEMARY RMSON, At -Large JAMES L WOOD, Lynnhaven -District 5 JAA ES K SPORE, City Manager LESLIE L LILLEY, City Attorney RUTH HODGES SMITH, MMC, City Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIhIE" CITY COUNCIL AGENDA 9 September 2003 CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 EMAIL Ctycncl@vbgov com I. CITY COUNCIL BRIEFING - Conference Room - A. Performing Arts Theatre Council Members Schmidt and Wood II. CITY MANAGER'S BRIEFINGS A. Community Budget Meeting Proposal Catherine Whitesell - Director, Department of Management Services B. VDOT Projects to be Administered by City - Dean Block - Director, Department of Public Works III. REVIEW OF AGENDA ITEMS 11 IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 1:00 PM 3:30 PM FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Merlin L. Miller, Pastor Landstown Community Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. Agricultural Reserve Program (ARP) at 1865 Indian River Road I. CONSENT AGENDA J. ORDINANCES/RESOLUTION September 2, 2003 1. Ordinance to AMEND and REORDAIN § 2-85 of the City Code re annual leave 2. Resolution to EXPRESS support re two (2) U.S. Department of Justice grant applications for equipment needed in response to the use of weapons of mass destruction. 3. Virginia Department of Transportation (VDOT) re roadway capital projects, design work, site acquisition and construction activities: a. Resolution for the City to administer improvements to Princess Anne Road, Kempsville Road, Witchduck Road Extended Phase II, Indian River Road Phase VII and Elbow Road Extended Phase II K. b. Ordinance to APPROPRIATE $35, 485,142 to the following roadway capital projects: (i) Elbow Road Extended Phase II $5,307,085 (ii) Indian River Road Phase VII $9,349,000 (iii) Kempsville Road $467,057 (iv) Princess Anne Road $ l %648,000 (v) Witchduck Road Phase I $4671,057 (vi) Witchduck Road Phase II $714,000 4. Ordinance to AUTHORIZE the acquisition of Agricultural Land Preservation (ARP) easement and the ISSUANCE by the City of its contract obligations re maximum principal amount of $255,346 in behalf of John G. Jr. and Edward F. Cromwell 5. Ordinance to AUTHORIZE acquisition of property in fee simple a and temporary construction easement from the Marshall Trust for the Maxey Manor pump station site at Phillips Avenue and Laskin Road by agreement. (DISTRICT 5 - LYNNHAVEN) 6. Ordinance to ACCEPT and APPROPRIATE $28,041 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2003-04 operating budget to support All - Hazards Emergency Operations and increase federal reserves accordingly. 7. Ordinance to APPROPRIATE $52,339 from Oyster Heritage Trust and $15,000 from Wetlands / Dunes Restoration funds to the Department of Planning re constructing oyster reefs, in the Lynnhaven River Watershed. PLANNING 1. VARIANCES re §4.4(b)of the Subdivision Ordinance that all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) a. Application of JOHN M. STEWARD, JR., 4464 Lee Avenue (DISTRICT 4 - BAYSIDE) b. Application of H.A.V., INC. re the west side of Shoveller Avenue, north of Mill Dam Road. (DISTRICT 5 — LYNNHAVEN) Recommendation APPROVAL 2. Application of VIRGINIA BEACH FREEWILL BAPTIST CHURCH for a Conditional Use Permit for a child care center at 210 South Witchduck Road. (DISTRICT 2 — KEMPSVILLE) Recommendation APPROVAL 3. Application of AVALON HILLS BIBLE CHURCH for a Conditional Use Permit re church expansion at 5728 Indian River Road. (DISTRICT 1— CENTERVILLE) Recommendation APPROVAL 4. Applications of KENNETH A. HALL FAMILY LTD. PARTNERSHIP at 3757 Bonney Road: (DISTRICT 3 — ROSE HALL) a. Change of'ZoningDistract Classification from 1-1—Light Industrial Distnct to B-2 Community Business District b. Conditional Use Permit for motor vehicle sales and service Recommendation APPROVAL 5. Applications of CH & B ASSOCIATES, LLP for Changes of Zoning District Classification from PD-H 1 Planned Development Housing: (DISTRICT 2 — KENTSVILLE) a. to Conditional A-12 Apartment District and Conditional P-1 Preservation District with PD-112 Overlays on the southeast corner of South Independence Boulevard and South Plaza Trail. b. and R-7.5 Residential District to Conditional B-2 Community Business District on the northwest corner of South Plaza Trail and Princess Anne Road to Conditional 0-2 Office District on the southwest corner of South Independence Boulevard and South Plaza Trail Recommendation APPROVAL 6. Application of KEMPSHIRE ENTERPRISES, L.L.C. for a Modification to the Timberlake PD-111 Land Use Plan for property located on the southeast corner of South Independence Boulevard and Silverleaf Drive. (DISTRICT 2 — K.ENTSVILLE) Recommendation • ''U41 7. Application of CHESTER EHRENZELLAR for a Change of Zoning District Classification from PD-H1 Planned Unit Development District to R-51) Residential Duplex District at 1961 Mill Creek Drive. (DISTRICT 7 — PRINCESS ANNE) Recommendation , • • • �1i1:�iJ 8. Application of BERKSHIRE-HUDSON CAPITAL XI, LLC for a Change of Zoning District Classification from 0-2 Office and R-51) Residential Duplex District to Conditional B-2 Community Business District on the northeast corner of Salem Road and South Independence Boulevard. (DISTRICT 1 — CENTERVILLE) Recommendation APPROVAL 9. Ordinances to AMEND of the City Zoning Ordinance (CZO): a. § 905 re sign regulations in the B-3A Pembroke Central Business Core District b. § 401 re farm stands as accessory uses in the AG-1 and AG-2 Agricultural Zoning Districts. Recommendation APPROVAL L. APPOINTMENTS AGRICULTURE ADVISORY COMMISSION MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION TIDEWATER REGIONAL GROUP HOME COMMISSION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 4274303 Hearing impaired, call: TDD only 4274305 (TDD - Telephonic Device for the Deaf) ********** Agenda 09/09/03 blb www.vbgov.com I. CITY COUNCIL BRIEFING - Conference Room - A. Performing Arts Theatre Council Members Schmidt and Wood II. CITY MANAGER'S BRIEFINGS A. Community Budget Meeting Proposal Catherine Whitesell - Director, Department of Management Services B. VDOT Projects to be Administered by City - Dean Block - Director, Department of Public Works II III. REVIEW OF AGENDA ITEMS II IV. CITY COUNCIL COMMENTS 1:00 PM V. INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION - Conference Room - 3:30 PM S OF OUR NAIV,ONS �Rr�ni�tftnn CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: 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. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyers E. Oberndorf B. INVOCATION: Reverend Merlin L. Miller, Pastor Landstown Community Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES I. INFORMAL AND FORMAL SESSIONS September 2, 2003 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. Agncultural Reserve Program (ARP) at 1865 Indian River Road CONSENT AGENDA THE B EA�14, .. l _SUNDAY, AUGUST 24, 2003 NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF INSTALLMENT PURCHASE AGREEMENTS FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY 13Y THE CiTY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearing with respect to the execu• tion and delivery of Installment Purchase Agreements for the acqu►si- tion of agricultural land preservation easements with respect to land located at 1865 Indian River Road, in the City of Virginia Beach, Vir- ginia, pursuant to Ordinance No. 95-2319, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shaping the character, direc- tion and timing of community development Such easements will be purchased pursuant to Installment Purchase Agreements for an aggre- gate estimated maximum purchase price of $255,346. The City's obligation to pay the purchase price under the Installment Purchase Agreements is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase pace and -the inter- est on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The Public Hearing, which may be continued or adjourned, will be held by the City Council on September 9, 2003, at 6 00 p m, in the City Council Chamber located on the 2nd floor of the City Hall Building at the Municipal Cen- ter of the City of Virginia Beach, Virginia Any person interested in this matter may appear and be heard CITY OF VIRGINIA BEACH, VIRGINIA Ruth Hodges Smith, MMC City Clerk Beacon August 24 and August 31, 2003 10580990 ►L i�L �Sia.rL�� NOTICE OF PUBLIC HEARING ON THE EXECUTION r+ND GEL IvERv Or- INSTALLMENT PURCHASE AGREEMENTS FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CiTY OF VIRGINIA BEACH VIRGINIA Nonce is hereby given that the City Council of the City of v irginia Beach Virginia, will hold a Public Hearing with respect to the exec ti- tion and delivery of Installment Purchase Agreements for the oceu,s tion of agricultural land preservation easements wits i respect to :an, - located at i865 Indian River Road, n the City of Virg ;-a Beach Vi�- ginia, pursuant to Orainance No 95-2319 krcwn as tree AgncJit,iral Lands preservation Ordinance. which establishes ar agricultU-C-)i reserve program for the southern portion of the City desicn�'Ps promote and encourage the preservation of farmiard (b) preserve open spaces and the area's rural character fci conserve and o,ote: l environmentally sensitive resources, (d) reduce and defer the need fir major infrastructure improvements and the expenditure of public `Lr j for such improvements, and (e) assist in shaping the character, direr tion and timing of community development Sucn easements Dui►l b-Z purchased pursuant to Installment purchase Agreements for an 3gcr:, gate estimated maximum purchase price of $255 346 Tne City s obligation to pav the purchase price under the installment Ourc'-lase Agreements is a general obligation of the City, and the full faith anC credit and the unlimited taxing power of the City wil! be7 ,-revocably pledged to the punctual payment of the purchase price and .he -,ter est on the unpaid principal balance of the purchase price as and whei; the same respectively become due and payable The Public Hearing which may be continued or adjourned, will be held by the C,tv 'Council on September 9, 2003, at 6 00 p m in the City Council Chamber located on the 2nd floor of the City Fall Building at the Municioai Ce^ ter of the City of Virginia Beach, Virginia Any person, interested i-, th 5 matter may appear and be heard Cl T Y OF ViRGiNiA BEACH V►RGINiA Ruth Hodges S^iitl, NIMC Citv Clerk Beacon August 24 and Augus' 31 2003 1 50 ,caa 1 THE BiAGPN, -SUNOAY, AUGUST 24, 2003 NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, September 9, 2003, at 6 00 p m The following applications will be heard DISTRICT 5 - LYNNHAVEN 1 Appeal to Decisions of Administrative Officers in regard to certain ele ments of the Subdivision Ordinance, Subdivision for H A V , Inc on the west side of Shoveller Avenue DISTRICT 2 - KEMPSVILLE 2 Virginia Beach Freewill Baptist Church Application Conditional Use Egjn2d for a child care center at 210 South Witchduck Road 3 Kempshire Enterprises L L C Application Modification to the Timber lake PDHi Land Use Plan on the southeast comer of South Indepen- dence Boulevard and Silverleaf Drive 4 CH & B Associates L L P Application Change of Zoning District Clas- sification from PD-H i Planned Development Housing to Conditional A 12 Apartment and Conditional P-1 Preservation with PD-H2 Overlays on the southeast corner of South Independence Boulevard and South Plaza Trail The Comprehensive Plan recommends use of this site as a Planned Community, consisting of a range of residential, employment commercial institutional cultural, educational, open space and public uses 5 CH & 8 Associates L L P Application Change of Zoning D+stnct Clas sification from PD-H 1 Planned Development Housing and R 7 5 Resi- dential to Conditional B-2 Community Business on the northwest cor ner of South Plaza Trail and Princess Anne Road The Comprehensive Plan recommends use of this site as a Planned Community, consist Ing of a range of residential, employment, commercial institutional, cultural, educational open space and public uses 6 CH & B Associates, LLP Application Change of Zoning District Classification frorp PD-H 1 Planned Development Housing to Conditional 0-2 Office on the southwest comer of South Independence Boulevard and South Plaza Trail The Comprehensive Plan recommends use of this site as a Planned Community consisting of a range of residential, employment commercial institutional cultural educational open space and public uses DISTRICT 1- CENTERVILLE 7 Avalon Hills Bible Church Application Conditional Use Permit for a church (fpansion) at 5728 Indian River Road 8 Berkshire -Hudson Capital XI, LLC Application Change of Zoning District Classification from 0-2 Office and R 50 Residential Duplex to Conditional B-2 Community Business on the northeast corner of Salem Road and South Independence Boulevard The Comprehensive Plan recommends use of the 0-2 zoned portion of the site for retail service, office and other compatible uses serving surrounding neighborhoods and communities The Comprehensive Plan recommends use of the R 5D zoned portion of the site for residential uses above 3 5 dwelling units per acre DISTRICT 7 - PRINCESS ANNE 9 Chester Ehrenzellar Application Chance of Zomn¢ District Classify cation from PD•H1 Planned Unit Development to R 5D Residential Duplex at 1961 Mill Creek Drive DISTRICT 3 - ROSE HALL 10 Kenneth A Hail Family Ltd Partnership Application Change of Zoning District Classification from I 1 Light Industrial to B-2 Community Business at 3757 Bonney Road The Comprehensive Plan recommends use of this site for a variety of employment uses including offices appropriately located industrial use and support services 11 Kenneth A Hall Family Ltd Partnership Application Conditional Use Permit for motor vehicle sales and service at 3757 Bonney Road DISTRICT 4-13AYSIDE Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for John M Steward, Jr , at 4464 Lee Avenue AMENDMENTS 13 CITY OF VIRGINIA BEACH An Ordinance to amend Section 905 of the City Zoning Ordinance pertaining to sign regulations in the B-3A Pembroke Central Business Core District 14 CiTY OF VIRGINIA BEACH An Ordinance to amend Section 401 of the City Zoning Ordinance pertaining to farm stands as accessory uses in the AG-1 and AG-2 Agricultural Zoning Districts All interested parties are invited to attend Ruth Hodges Smith, MMC City Clerk 1 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 TOD only 427.430S (TDD Telephonic Device for the Deaf) BEACON August 24 and August 31 2003 10594471 SUNDAI). AUGUST .11, =.CO'13 NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall Municipal Cente 2401 Courthouse Drive Tuesday September 9 2003 a* 5 00 p Ti the following applications will be heard DISTRICT 5 LYNNHAVEN 1 APPea, to Decisions of AC ^irustrative Off-cera in regard to certain eie ments of the S4bdIVIS'dri Ordinance Subdivision for H A V Inc on the west side of Shoveller Avenue Of 2 KEMPSViLLE 2 Virginia Beach Freewill Baptist Church Application Conditional t7se Permit for a child care center at 210 South Witchduck Road 3 Kerripshire Enterprises L L C Application Modifcation to the Timber lake PO hl Lono Ute Plal on the Southeast corner of South Indepen dence Boulevard ano Silverleaf Dove 4 CH & B Assoc aces L L P Application Change of Zoning District Clas sifcation Froir, PO H 1 Planned Development Housing •o Conditional A 12 Apartment and Conditional c 1 Preservation with PD-H2 Overlays on the southeast corner of South Independence Boulevard and South Plaza Trail The Ccmprehensive Plan recommends use of this site as a Planned Community consisting of a range of residential employment commercial institutional cultural educational open space and public uses 5 CH & B Associates L L P Application Change of Zoning District Clas- sification from PO•H 1 Planned Development Housing and R 7 5 Resi- dential to Conditional B 2 Community Business on the northwest cor- ner of South Plaza Trail and Princess Anne Road The Comprehensive Plan recommends use of this site as d Planned Community consist ing of a range of residential employment commercial institutional cultural educational open space and public uses 6 CH & B Associates L L P Application Change of Zoning District Classification from PD-H 1 Planned Development Housing to Conditional C-2 Office on the southwest comer of South Independence Boulevard and South Plaza Trail The Comprehensive Plan recommends use of this site as a Planned Community consisting of a range of residential employment commercial inst,tutional cultural educational open space and public uses DISTRICT 1 CENTERVILLE 7 Avalon dills Bible Church Application Conditional Use Permit for a church (expansion) at 5728 Indian River Road 8 Berkshire Hudson Capital XI LLC Application Chance of Zoning District Classification from 0-2 Office and R 5D Pesidential Duplex to Conditional 8 2 Community Business on the northeast corner of Salem Road and South Independence Boulevard The Comprehensive Plan recommends use of the 0-2 zoned portion of the site for retail service office and other compatible uses Serving surrounding neighborhoods and communities The Comprehersive Plan recommends use of the R 5D zoned portion of the site for residential uses above 3 5 dwelling units per acre DISTRICT 7 PRINCESS ANNE 0 Chester Ehrenzellar Application Change of Zoning District Classif cation from PD-HS Planned Lin t Development to R 50 Residential Duplex at 1961 Mill Creek Drive DISTRICT 3 ROSE HALL 10 Kenneth A Hall Family Ltd Partnership Application Change of 7onin District Classification from I 1 Light Indubtnai to B-2 Community Business at 3757 Bonney Road The Comprehensive Plar -commends use of this site for a variety of employment uses including offices appropriately located industrial use and suppor, services 11 Kenneth A Hall Familv Ltd Partnership Application Conditional Use Permit for motor vehicle sales and service at 3757 Bonney Road DISTRICT 4 SAYSIDE Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance Subdivision for John M Steward Jr at 4464 Lee Avenue AMENDMENTS 13 CITY OF VIRGINIA BEACH An Ordinance to amend Section 905 of the City Zoning Ordinance pertaining to sign regulations in the B-3A Pembroke Central Business Core District 14 CITY OF VIRGINIA BEACH An Ordinance to amend Section 401 of the Cit) Zoning Ordinance pertaining to farm stands as accessory uses in the AG-1 and AG-2 Agricultural Zoning Districts All interested parties are invited to attend Ruth Hodges Smith MMC City Clerk If you are physically disabled or visually unpaired and need assistance at this meeting please call the CiTY CLERK'S OFFICE at 427 4303 Hearing impaired call TOO only 427.4305 (Toe Telephonic Device for the Deaf) BEACON August 24 anc Augus, 31 2003 105944 11 J. ORDINANCES/RESOLUTION 1. 2. 3. Ordinance to AMEND and REORDAIN § 2-85 of the City Code re annual leave Resolution to EXPRESS support re two (2) U.S. Department of Justice grant applications for equipment needed in response to the use of weapons of mass destruction. Virginia Department of Transportation (VDOT) re roadway capital projects, design work, site acquisition and construction activities: a. Resolution for the City to administer improvements to Princess Anne Road, Kempsville Road, Witchduck Road Extended Phase II, Indian River Road Phase VII and Elbow Road Extended Phase II b. Ordinance to APPROPRIATE $35, 485,142 to the following roadway capital proj ects: (i) Elbow Road Extended Phase II $5,307,085 (ii) Indian River Road Phase VII $9,349,000 (iii) Kempsville Road $467,057 (iv) Princess Anne Road $19,648,000 (v) Witchduck Road Phase I $4675057 (vi) Witchduck Road Phase II $714,000 4. Ordinance to AUTHORIZE the acquisition of Agricultural Land Preservation (ARP) easement and the ISSUANCE by the City of its contract obligations re maximum principal amount of $255,346 in behalf of John G. Jr. and Edward F. Cromwell 5. Ordinance to AUTHORIZE acquisition of property in fee simple a and temporary constructic easement from the Marshall Trust for the Maxey Manor pump station site at Phillips Avenue and Laskin Road by agreement. (DISTRICT 5 - LYNNHAVEN) 6. Ordinance to ACCEPT and APPROPRIATE $28,041 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2003-04 operating budget to support All - Hazards Emergency Operations and increase federal reserves accordingly. 7. Ordinance to APPROPRIATE $52,339 from Oyster Heritage Trust and $15,000 from Wetlands / Dunes Restoration funds to the Department of Planning re constructing oyste reefs, in the Lynnhaven River Watershed. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend and Reordain Section 2-85 of the Code Pertaining to Limitation on Accumulation of Annual Leave MEETING DATE: September 9, 2003 ■ Background: Current City Code provisions authorize the accumulation of four hundred (400) hours of annual leave for full-time employees, without regard to the employee's hourly workweek or rate of annual leave accumulation and use. Employees on a forty (40) hour workweek accumulate and use annual leave at a rate lower than that of fifty-six (56) hour workweek employees. Four hundred (400) hours of annual leave accumulation equals ten (10) weeks of paid leave for a forty (40) hour workweek employee, but only approximately seven (7) weeks of paid leave for a fifty-six (56) hour workweek employee. ■ Considerations: The proposed ordinance would allow fifty-six (56) hour workweek employees to accumulate the equivalent of ten (10) weeks of annual leave on a fifty-six (56) hour workweek schedule. Thus, if the ordinance is adopted, an employee will be able to accumulate the equivalent of ten (10) weeks of annual leave, regardless of whether the employee works a forty (40) hour or fifty-six (56) hour workweek. ■ Public Information: The proposed amendment will be advertised as an ordinary agenda item. ■ Recommendations: Adoption of Ordinance ■ Attachments: Recommended Action: Adoption of Ordinance Submitting Department/Agency: Human Resour City Manager: 0`L F:IUsersUWcDowellwp%WorklOrdinancesl2-85ARF.wpd 1 N ORDINANCE TO AMEND AND REORDAIN 2 THE VIRGINIA BEACH CITY CODE 3 PERTAINING TO ANNUAL LEAVE; TAKING 4 NOT REQUIRED; LIMITATION ON 5 ACCUMULATION 6 SECTION AMENDED: §2-85 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 2-85 of the City Code is hereby amended and 10 reordained to read as follows: 11 Sec. 2-85. Same --Taking not required; limitations on accumulation. 12 (a) No employee shall be required to take annual leave. No 13 employee shall be paid for unused annual leave except 14 upon termination of employment. Upon termination, 15 employees shall be paid straight time for accrued annual 16 leave; and payment shall be processed as expeditiously as 17 possible. No employee shall be allowed to carry more than 18 four hundred (400) hours of accumulated annual leave from 19 one calendar year to the next if the employee works a 20 forty (40) hour workweek, or five hundred sixty (5601 21 hours of accumulated annual leave from one calendar year 22 to the next if the employee works a fifty-six hour 23 workweek 24 year to the next, nor shall any employee who terminates 25 employment with the city receive pay for more than four 26 hundred ( 400 ) hours of accumulated annual leave if the 27 employee works a forty (40) hour workweek, or five 28 hundred sixty (560) hours of accumulated annual leave if 29 the employee works a fifty-six hour workweek. 30 (b) Part-time employees hired on or after July 1, 1996, shall 31 not be allowed to carry more than forty-eight (48) hours 32 of accumulated personal leave from one calendar year to 33 the next, nor shall part-time employees receive any 34 monetary payout upon termination of employment for their 35 accumulated personal leave. 36 COMMENT 37 As amended, this ordinance will allow an employee to accumulate the equivalent of ten (10) 38 weeks of annual leave, regardless of whether the employee works a forty (40) hour or fifty-six (56) 39 hour workweek. 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia, on the day of , 2003. CA-8823 ordin/noncode/Sec 2-85.ord.wpd March 31, 2003 R-4 APPROVED AS TO CONTENT: u n Resources APPROVED AS TO LEGAL SUFFICIENCY: �A t6,4 jU , AA-t- N City ttorney's Office 2 J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Department of Justice Equipment Grant Applications MEETING DATE: September 9, 2003 ■ Background: In July of 2003, the City was notified that the Department of Justice would be providing pass -through funding for localities to support equipment needs related to preparedness and response to weapons of mass destruction (WMD) events. The Virginia Department of Emergency Management has awarded the City two grants totaling $1,217,130. The next step in the process is submitting applications that set out the type of equipment that the City intends to purchase. The City Council must adopt the proposed resolution that supports these applications, and the Department of Emergency Management has to approve the proposed purchases before any funds are disbursed. A committee has met to assess the needs and priorities for the City as a whole. The final determinations for funding were endorsed by the Safe Community Strategic Issue Team. This committee determined that this initial funding was best spent primarily on public -safety related equipment. Funding from these grants will be allocated as follows: 2003-Base Grant Distribution: Personal Protective Equipment for Responders Police $ 61,716 Fire $ 71,717 EMS $ 40,180 Other Departments $ 11,717 • 1 EMS MCI Response Vehicle $ 41,000 • Replace Detection and Monitoring Equipment $ 17,000 • Police WMD-SWAT Trailer $ 8,500 • Cyber Locks for Public Utilities $ 35,000 Total $2869830 2003-II Grant Distribution: • Vulnerability Assessment and Responder Plan $ 20,000 • Bomb Robot Accessories & Suit $ 70,000 • Field Deployable Command Center $650,000 • Emergency Operations Center Equipment $150,000 • ID Machines $ 40,300 Total $9309300 ■ Considerations: This funding will provide better capabilities to safely address everyday emergency response in addition to increasing the City's preparedness to respond to events involving terrorism or weapons of mass destruction. ■ Public Information: Public Information will be handled through the normal Council agenda process. ■ Alternatives: The city currently does not have the capacity to fund the requested items within current revenue projections. ■ Recommendations: Adopt the resolution to support to the applications for the grant proposals totaling $1,217,130 to address ongoing emergency response need and increasing the City's capability to effectively respond to WMD events. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Management Services City Manage er. 1 A RESOLUTION TO EXPRESS SUPPORT FOR TWO U.S. 2 DEPARTMENT OF JUSTICE GRANT APPLICATIONS FOR 3 EQUIPMENT NEEDED FOR RESPONSE TO THE USE OF 4 WEAPONS OF MASS DESTRUCTION 5 WHEREAS, the City of Virginia Beach has applied for two 6 equipment grants from the U.S. Department of Justice, related to 7 local response to the use of weapons of mass destruction. 8 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, Virginia: 10 11 12 13 14 15 16 17 18 19 20 21 22 1. That James K. Spore, City Manager, is hereby authorized to execute for and in behalf of the City of Virginia Beach, a public entity established under the laws of the State of Virginia, this application and to file it in the appropriate State Office for the purpose of obtaining certain Federal financial assistance under the OJP, National Domestic Preparedness Office Grant Program(s), administered by the Commonwealth of Virginia. 2. That the Virginia Beach City Council, a public entity established under the laws of the Commonwealth of Virginia, hereby authorizes its agent to provide to the Commonwealth and to the Office of Justice Programs (OJP) for all matters pertaining to such Federal financial assistance any and all information pertaining to these Grants as may be requested. 24 Adopted by the Council of the City of Virginia Beach, Virginia 25 on the day of , 2003. CA-9002 Ordin/Noncode/DOJequipres.wpd R-1 August 27, 2003 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City Attorneys Office y 'MWja CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution for Project Administration of Princess Anne Road/Kempsville Road Intersection Improvements, Witchduck Road Phase I, Witchduck Road Phase II, Elbow Road Extended -Phase II, and Indian River Road Phase VII; Ordinance for Appropriation of State Funding for Five Roadway Projects MEETING DATE: September 9, 2003 ■ Background: In response to programming resolutions adopted by the City, the Virginia Department of Transportation (VDOT) programmed the referenced projects and selected consultant engineering firms for each of the projects. Subsequent State budget shortfalls in transportation funding caused VDOT to cancel various contracts for engineering services and instead endeavor to perform engineering design functions "in-house," thereby taxing existing available resources. The City has requested, and VDOT has approved the administration by the City of the design, site acquisition, and construction of the referenced projects This initiative will allow the City to directly and more effectively coordinate, manage, and provide resolution of project issues in a timely manner The City is currently in the process of selecting consultant engineering firms to resume design activity. It is anticipated that notices to proceed with design for the five projects will be issued in the Fall of 2003 ■ Considerations: The referenced capital projects will provide relief for the motoring public from the severe traffic congestion at the Princess Anne Road/Kempsville Road/Witchduck Road (CIP 2- 048) intersection and along the heavily -traveled corridor from just north of the Witchduck Road/Bonney Road intersection to Interstate I-264, Witchduck- Road Phase I (CIP 2-931) and from Interstate I-264 to Virginia Beach Boulevard, Witchduck Road Phase II (CIP 2-025). Indian River Road Phase VII (CIP 2-256) will alleviate the ever increasing traffic volume which is currently served by a two-lane rural road Elbow Road Extended -Phase II (CIP 2-152) will provide a key linkage between Princess Anne Road and Indian River Road and will complete a cross -City east -west corridor ■ To proceed with administration of these projects, it is necessary to adopt a resolution authorizing execution of a Project Administration Agreement with VDOT and an ordinance to appropriate State/VDOT current funding (through FY2003-2004) of approximately $35,485,142 (which is net of expenditures to -date) VDOT will reimburse the City for expenditures within this appropriated amount The Cnty's share of project cost's, approximately $4 mullion, is already appropriated for activities currently programmed for the five projects. The Princess Anne Rd /Kempsville Rd Intersection Improvement project is essentially fully funded for design, site acquisition, and construction. The remaining projects are currently funded for design and partial site acquisition These proposed appropriations will address current program activities only A breakdown of the required State/VDOT appropriations for each project follows Princess Anne Rd./Kempsville Rd Intersection Improv CIP 2-048 $191164800 Witchduck Road Phase I CIP 2-931 $ 46711057 Witchduck Road Phase II CIP 2-025 $ 7141000 Elbow Road Extended - Phase II CIP 2-152 $ 553073,085 Indian River Road Phase VII CIP 2-256 $ 9.349,000 Total Appropriations Required $355,485,142 Page 1 of 2 Based upon VDOT's current Six -Year Program, additional VDOT funding of approximately $34 5 million will need to be appropriated over the next six years beginning in FY 2004-2005 for these five projects Future funding requirements will be addressed during upcoming Capital Improvement Programs beginning with FY 2004-2005. ■ Public Information: The citizen involvement process has been ongoing for three ofthe five projects identified for administration by the City. On January 9, 2002, VDOT held a Citizen Information Meeting for the Princess Anne Road/Kempsville Road/Witchduck Road Intersection Improvements (CIP 2-048) project Following evaluation of citizen comments, Council adopted a preferred intersection alternate. The process of alternatives evaluation and final selection by Council of a concept for the preferred intersection configuration was enhanced sigruficantly by early participation in the project study/design phase by a Citizen's Advisory Committee (CAC) Tlus committee is comprised of stakeholders within the general vicinity of the intersection It is anticipated that the CAC's involvement will continue with development of the Witchduck Road Phase I (CIP 2-931) project and as needed with the development of the Witchduck Road Phase II (CIP 2-025) project. VDOT has held Citizen Information Meetings, as well as a Location Public Hearing for the Indian River Road Phase VII (CIP 2-256) and the Elbow Road Phase II (CIP 2-152) projects, and a preferred roadway corridor has been endorsed by Council A public hearing for the appropriation by the City of the State funding for the five roadway projects was held on August 26, 2003 This action was required since the appropriated amount exceeds 1 percent of the approved FY 03-04 funding in the Capital Improvement Program ■ Alternatives: Do not approve the Project Administration Resolution and Ordinance for Appropriation of State Funding for the five VDOT projects and have VDOT administer the projects This alternative has the potential to affect the Cnty's ability to effectively coordinate, manage, and provide resolution of project issues in a timely manner. Delays in the design, site acquisition, and construction phases for the referenced projects, which are integral links in the City's overall transportation network are likely to occur. ■ Recommendations: Approve the Project Administration Resolution authorizing administration by the City of prof ect design, site acquisition, and construction activities for the referenced intersection and roadway improvement projects, and approve the Ordinance for Appropriation of State funding for the five projects ■ Attachments: Location maps, Agreement for the Development and Administration ofPrincess Anne Road, Witchduck Road, Indian River Road, and Elbow Road by the City of Virginia Beach, Project Administration Resolution; and Ordinance for Appropriation of State Funding for the five referenced roadway unprovement projects Recommended Action: Approve Project Administration Resolution and Authorize City Manager to Execute Agreement; and approve Ordinance for Appropriation of State Funding for the five projects. Submitting Department/Agency: Public Works i itCity Manager: �/,9 Page 2 of 2 go H I BLVD. 61 LOCATION MAP FOR F ITCHDUCK RD. PHASE 11 CIP 2-025 1 N.T.S. Y, .r , /` ,ram •/ .-- PREPARED BY PA% _ <Ca • . c�ti�s �y �A �F Np�TH �p1 11 LOCATION MAP FOR ELBOW ROAD EXTENDED -PHASE II CIP 2-152 N.T.S. 'REPARED BY MA ENG � - ; OCATION AP FOR INDIAN RIVER ROAD PHASE VII CIP 2-256 N.T.S. M CIP BOYEfTE DGN M J S PREPARED BY P/W ENG CADD DEPT JULY 2003 I RESOLUTION FOR THE CITY OF VIRGINIA BEACH TO 2 ADMINISTER IMPROVEMENTS TO PRINCESS ANNE ROAD, 3 KEMPS VILLE ROAD, WITCHDUCK ROAD, AND INDIAN RIVER 4 ROAD PHASE VII 5 WHEREAS, the City of Virginia Beach ("City") has requested that the Virginia Department of 6 Transportation ("VDOT") grant to the City administrative responsibility for design, property acquisition, and 7 construction of the Princess Anne Road / Kempsville Road Intersection Improvements (CIP 2-048), 8 Witchduck Road Phase I (CIP 2-931), Witchduck Road Phase II (CIP 2-025), Elbow Road Extended -Phase 9 11(CIP 2-152), and Indian River Road Phase VII (CIP 2-256) highway improvement (the "Projects"); and 10 WHEREAS, VDOT has agreed that administrative responsibility for design, property acquisition, 11 and construction of the Projects will be transferred to the City, and 12 WHEREAS, the Council has previously requested that VDOT program these Projects, and 13 WHEREAS, the Council has considered all such matters. 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 1. The City hereby agrees to accept from VDOT the administrative responsibility for 17 design, property acquisition, and construction of the Projects. 18 19 20 21 22 2. The City Manager is hereby authorized to execute, on behalf of the City, the "AGREEMENT FOR THE DEVELOPMENT AND ADMINISTRATION OF PRINCESS ANNE ROAD, WITCHDUCK ROAD, INDIAN RIVER ROAD, AND ELBOW ROAD BY THE CITY OF VIRGINIA BEACH." Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 23 312003. CA-8984 F-\Data\ATY\Ordm\NONCODE\VDOT5res.wpd R-1 - August 20, 2003 APPROVED AS TO CONTENT: Department o Public Works APPROVED AS TO LEGAL SUFFICIENCY: /V City Attorney's f ce 1 AN ORDINANCE TO APPROPRIATE $35,485,142 FROM 2 THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO 3 FIVE ROADWAY CAPITAL PROJECTS FOR DESIGN WORK, 4 SITE ACQUISITION AND CONSTRUCTION ACTIVITIES 5 WHEREAS, the City of Virginia Beach Public Works Department 6 will be administering five Virginia Department of Transportation 7 capital projects, pursuant to a Project Administration Agreement 8 with VDOT, and VDOT will reimburse the City in the amount of 9 $35,485,142 for design site acquisition, construction, and related 10 costs. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That $35,485,142 is hereby appropriated, in the amounts 14 and to the projects as set forth below: 15 a. $5,307,085 to capital project #2-152, Elbow Road 16 Extended - Phase II (VDOT); 17 b. $9,349,000 to capital project #2-256, Indian River 18 Road - Phase VII (VDOT); 19 C. $19,648,000 to capital project #2-048, Princess 20 Anne Road/Kempsville Road Intersection Improve- 21 ment s , (VDOT); 22 d. $467,057 to capital project #2-931, Witchduck Road 23 - Phase I (VDOT) (Partial); and 24 e. $714,000 to capital project #2-025, Witchduck Road 25 - Phase II (VDOT) (Partial). 26 2. That the funding source for these appropriations is 27 $35,485,142 in anticipated reimbursements from the Virginia 28 Department of Transportation. 29 3. That estimated revenue from the Commonwealth of Virginia 30 are hereby increased accordingly in the capital budget. 31 Adopted by the Council of the City of Virginia Beach, Virginia 32 on the day of , 2003. CA8983 Ordin/Noncode/VDOTSord.wpd R4 August 21 2003 Approved as to Content: Management Services Mel-bluler - Department' of Public Works Approved as to Legal Sufficiency: Fk City Attorneyy Offi e 0 AGREEMENT FOR THE DEVELOPMENT AND ADMINISTRATION OF PRINCESS ANNE ROAD, WITCHDUCK ROAD, INDIAN RIVER ROAD, AND ELBOW ROAD BY THE CITY OF VIRGINIA BEACH THIS AGREEMENT, made and executed in triplicate as of this day of , 200_, between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter called the "City". WIThIESSEIH: WITEREAS, The Commonwealth Transportation Board has adopted a Six Year Improvement Program, which includes an allocation of funds for Princess Anne Road intersection improvement at Kempsville Road and Witchduck Road, UPC Number: 51866; Witchduck Road from Princess Anne to I 264, UPC Number. 55200; Witchduck Road from I-264 to Virginia Beach Boulevard, UPC Number: 55202; Indian River Road from Lynnhaven Road to Elbow Road Extension, UPC Number. 15829; Elbow Road from Indian River Road to 0.5 mile west of Princess Anne Road, UPC Number. 15828; and referred to hereinafter as the "Project"; and WHEREAS, the Department and the City desire to construct the Project as expeditiously as possible and the City has requested to administer the projects through its completion m accordance with all applicable federal, state and local laws, regulations and requirements; 1 NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The City shall act as the agent of the Department in performing the preliminary engineering, right-of-way and construction phases of the Project, specifically including the following: a. Perform or contract with a consultant to perform the preliminary engineering, design and plan development necessary to award a contract for the construction; and the administration, supervision and inspection of the construction of the Project through final acceptance, in accordance with Department procedures and policies including settlement of any claims and disputes arising from the Project. The consultant, if utilized, will be subject to a pre -award audit by the Department. b. Produce the necessary documentation to coordinate the project through the State Environmental Review Process, prepare the appropriate environmental document (except for UPC Number: 15829 and 15828) as established by the Federal Highway Administration policies and procedures and carry out the functions necessary to clear the project F4 environmentally as outlined in Appendix A of this agreement. C. Submit each phase of the work as identified in the A & E Agreement to the Department for review and comment as the project develops; and to allow Department personnel to inspect all phases of the project at all times. Annually (by December 10) the City will update all Engineering, Right -of Way, Utility and Construction costs and submit it to the Local Assistance Program Manager utilizing VDOT's CES (Cost Estimating System) or as otherwise directed by the Department. Additionally, project estimates shall be updated at project milestones as identified in the A & E Agreement. d. Prepare plans for the Project, including such items as general notes, references to specifications and standards, typical sections, drainage plans, erosion and sediment control methods, profiles, cross sections, summaries, and the like. Plans may be prepared in accordance with City standards and format, provided the standards meet or exceed Department standards or are approved by the 3 Department. Any such Department approvals shall consider circumstances of constrained right-of-way, aesthetic and adjacent community needs, urban design factors and such approvals to not be unreasonable withheld. e. Locate potential contaminated and/or hazardous waste sites during the survey or early plan development stage. The City will develop design alternatives to address the sites. Once contamination is determined to exist, whether obvious or established through testing, the City shall notify the appropriate regulatory agency. The City will, if necessary, conduct detailed studies such as site characterization to determine the length of time required for clean-up and potential financial liability for the City if it is decided to purchase the property. The first option, however, is to pursue remediation by the property owner(s) through the appropriate agencies. f. Advertise and conduct all necessary public meetings and hearings on the Project in accordance with all applicable requirements and coordinate the Project with property owners in the Project area. 4 g. Obtain any necessary permits for the Project. h. Prepare right-of-way plans for the Project and acquire title to all right-of-way needed for the Project in the name of the City by purchase or by eminent domain, if necessary. i. Abide by Titles 25 and 33.1 of the 1950 Code of Virginia, as amended, in the acquisition of rights -of - way for this Project and follow the policy and procedures outlined in Section 702.02 of the Department's Right of Way Manual, which are incorporated by reference. j. Provide relocation assistance to those whose property is acquired for the Project in conformance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. (49 CFR Part 24) k. Maintain all appraisals, negotiation reports, relocation assistance files, closing statements, eminent domain records and the like for a period of three (3) years after completion of the Project. 1. Coordinate and authorize utility relocations. In. Procure a contractor to construct the Project, in 5 conformance with applicable provisions of the Virginia Public Procurement Act. The City agrees to supply a cost justification if the low bid exceeds the engineer's estimate by 7%. The City agrees not to award such contract until the Commonwealth Transportation Board has accepted and approved the bid and the contractor, and until a standard Municipal -State agreement is executed. The City agrees to bear at least two percent (2%) of the cost of the Project. Department's Utility Relocation Policies and Procedures Manual, which is incorporated by reference, will govern the rate of participation for utility relocations and storm sewers. n. Submit all change orders to the Department's Resident Engineer. Submit any change orders to the construction contract which cumulatively exceed 10% of the construction cost to the Department's Resident Engineer for approval. o. Maintain accurate records of the Proj ect and documentation of all expenses for which reimbursement will be requested, and make such records available for inspection and/or audit by the 0 Department at any time. p. Submit to the Department's Local Assistance Program Manager on a monthly basis a certification of all project expenses incurred and paid during the preceding month for all preliminary engineering. Submit to the Department's Resident Engineer on a monthly basis a certification of all project expenses incurred and paid during the proceeding month for all right-of-way and construction. The final billing shall be made on the basis of final actual costs, reconciling any difference with previously billed amounts. Interim and final billings shall be submitted on the Department's Form FD-AP-01. All preliminary engineering charges by the Department shall cease on the date the contract is awarded. q. Agree to bear 100% of all costs expended in the event the project is terminated during any phase of work. 2. The Department will coordinate with, cooperate with, and assist the City in implementing the Project, and specifically agrees to: a. Review each phase of the Project and any other submittal or request, and respond within ten (10) 7 business days after receipt or another mutually agreed upon timefiame. b. Provide the necessary coordination with the Federal Highway Administration and other appropriate Federal and State agencies; provide assistance and guidance to the City relative to environmental documentation and coordination as is outlined in Appendix A of this agreement. C. Provide reimbursement of actual Project expenditures for the previous month or for the final billing, within thirty (30) days of receiving from the City an acceptable invoice of the expenses. d. Audit all Project costs and records as may be required or appropriate. e. Provide funding for the Project pursuant to the Department's Six -Year Improvement Program.. 3. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving any rights or benefits to anyone other than the parties hereto. 4. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. X 5. Upon the execution of this Agreement by both parties, the City is hereby authorized to commence with the Project. 6. This Agreement may be modified with the mutual consent of the Department and the City. The Department and the City agree that, if the City decides to receive funding directly on a quarterly basis, as provided by 33.1-23.3 of the Code of Virginia as amended by Chapter of the 2003 Acts of Assembly, this Agreement will be subject to revisions at the request of either party. IN WITNESSETH WHEREOF, the parties sign and cause this Agreement to be executed on this ATTEST: City Clerk City of Virginia Beach day of 1200 APPROVED AS TO FORM: By: •� a� ` City Attorney City of Virginia Beach CITY OF VIRGNIA BEACH City Manager City of Virginia Beach In WITNESS WHEREOF, THE PARTIES SIGN AND CAUSE THIS agreement to be executed on this day of , 200. Commonwealth Transportation Commissioner Commonwealth of Virginia Department of Transportation Signature of Witness 10 Date Date APPENDIX A LOCALLY ADMINISTERED PROJECTS General Environmental Conditions for all Agreements A. Locality Will: 1. Meet with VDOT Environmental Division personnel (and other agency personnel at the Division's discretion) prior to selection of a consultant or the commitment of any resources to scope the project, discuss the environmental clearances necessary and the procedure for submitting these environmental clearances to the Environmental Division in order to allow the project to proceed to construction. 2. Provide qualified staff to manage the environmental process 3. Provide VDOT Environmental Division an opportunity to review and comment on qualifications of consultants to perform the environmental studies. 4. Provide VDOT Environmental Division an opportunity to review and comment on the scope of work for the study. 5. Schedule meetings with VDOT Environmental Division at appropriate milestones in the study as identified during scoping to review study progress and adequacy. 6. Provide all requests to VDOT Environmental Division for technical and coordination assistance from Locality staff and not from the Locality's consultant. 7. Provide written certification to VDOT Environmental Division prior to project advertisement that all environmental approvals have been acquired. 8. Follow the outline of Environmental procedures as identified in Appendix B. B. VDOT Environmental Will: 1. Identify a representative for environmental decisions. 2. Review and comment to the Locality on the environmental scope of work, including the level of effort and man-hours allotted for the study, if the Locality uses the services of a consultant. 3. Review and comment to the Locality on the qualifications of consultants responsible for conducting environmental work. APPENDIX B LOCALLY ADMINISTERED PROJECTS: Environmental Procedures for PE, RIGHT-OF-WAY, AND CONSTRUCTION I. Preliminary Engineering Performed by Local Government A. Locality Will: 1. Prepare and submit an electronic copy of the completed Early Notification form (EQ- 429) to begin the State Environmental Review Process (SERP) and any other necessary information to the VDOT Local Assistance Division regarding the scope of the proposed project. 2. Implement the SERP commitments pertaining to the development of the project. 3. Prepare and submit an electronic copy of the National Environmental Policy Act (NEPA) concurrence form to VDOT Environmental Division. 4. Prepare the NEPA document: a) Provide VDOT Environmental Division with a proposed project -specific public involvement plan prior to public involvement activities. This plan will demonstrate compliance with all items identified in The VDOT Location and Design Public Involvement Policy and Procedures Manual as required by environmental regulation. The public hearing notice will include all appropriate references to environmental notifications such as NEPA document availability, Section 106 compliance, and compliance with the Agricultural and Forestal District Act. b) Provide VDOT Environmental Division with an electronic preliminary review draft of the environmental document: Categorical Exclusion (CE), Draft Environmental Assessment (DEA), Draft Environmental Impact Statement (DEIS), Final EA, or Final EIS. c) Provide VDOT Environmental Division with a copy of all technical study documents that support the environmental document. d) Provide VDOT Environmental Division with a copy of the public hearing transcript and responses to comments with the review copy of the environmental document. e) Provide VDOT Environmental Division with the appropriate number of copies of the approved environmental document as identified during project scoping. f) Implement the NEPA commitments identified in the environmental document pertaining to the development of the project. 5. Secure all necessary water quality permits in the locality's name. a) Implement all water quality permit conditions 6. Provide a letter of certification to VDOT Environmental Division when the project is submitted for Plans, Specifications, and Estimates (PS&E) approval that ensures that the project description has not changed since completion of the SERP and approval of the environmental document; or if any changes have occurred, prepare a re-evaluation of the environmental document for VDOT Environmental Division consideration. 7. Prepare any post-NEPA documentation required by changes that occur during the development of the project. B. VDOT will: 1. VDOT District Environmental Manager will perform the administrative portion of the SERP. 2. VDOT District Environmental Manager will provide the results of the SERP to the VDOT Local Assistance Division, who will forward the results to the Locality. 3. VDOT Environmental Division will recommend a level of NEPA documentation to the lead Federal agency after review. 4. VDOT Environmental Division will confirm the level of NEPA document with the lead federal agency and solicit participation of that agency in the study. This will entail notifying the federal agency of the project development milestones and inviting the federal agency to attend key meetings. 5. VDOT Environmental Division will provide assistance to the Locality in the preparation of a NEPA document. 6. VDOT Environmental Division will coordinate with the lead federal agency to publish the notice of intent in the case of Environmental Impact Statements (EIS). 7. VDOT Environmental Division will review the following items to ensure compliance with applicable federal and state requirements: a) Approve the projects compliance with the Department's public involvement procedures as outlined in The VDOT Location and Design Public Involvement Policy and Procedures Manual as it relates to the environmental process. b) Review the preliminary environmental document, provide comments to the Locality, and, if appropriate, coordinate with the Federal Highway Administration (FHWA). c) Indicate state acceptance of the environmental document by signing and adopting the document as a VDOT product. d) Recommend lead federal agency approval of the environmental document. ll. Right of Way_ Acquired by Local Government and retained by them A. Locality Will: 1. Perform necessary hazardous materials work. Ill. Construction Administered by Local Government A. Locality Will: 1. Implement SERP construction commitments. 2. Secure all necessary water quality permits in localities name. 3. Implement all water quality permit conditions 4. Provide erosion and sediment controls and storm water management as per VDOT standards and specifications. 5. Implement the NEPA commitments pertaining to the construction of the project. 6. Include in the contract documents and enforce all special provisions and specifications. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $255,346 (Property of John G. Cromwell, Jr. and Edward F. Cromwell, Trustees of the John G. Cromwell, Sr. Trust) MEETING DATE: September 9, 2003 ■ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eighteen (18) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. ■ Considerations: The subject property consists of one (1) parcel of land having approximately 21.103 acres outside of marshland or swampland. It is owned by John G. Cromwell, Jr. and Edward F. Cromwell, Trustees of the John G. Cromwell, Sr. Trust. Under current development regulations, there is a total development potential three (3) single-family dwelling building sites, none of which would be reserved for future development. Thus, the preservation easement acquired by the City would cover approximately 21.103 acres. The site, which is shown on the attached Location Map, is located on Indian River Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $255,346. This price is the equivalent of approximately $12,100 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.75% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.75% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Summaryof Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorneys Office) Recommended Action: Adoption Submitting Department/Agency: Department of Agriculture 436City Manage t'� F:1Users\WMacali\WP\ARP\PURCHAS E\CromwellTrust\cromwelltrustarf.wpd 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND THE 3 ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN 4 THE MAXIMUM PRINCIPAL AMOUNT OF $255,346 5 WHEREAS, pursuant to the Agricultural Lands Preservation 6 Ordinance (the "Ordinance"), Appendix J of the Code of the 7 City of Virginia Beach, there has been presented to the City 8 Council a request for approval of an Installment Purchase 9 Agreement (the form and standard provisions of which have been 10 previously approved by the City Council, a summary of the 11 material terms of which is hereto attached, and a true copy 12 of which is on file in the City Attorney's Office) for the 13 acquisition of the Development Rights (as defined in the 14 Installment Purchase Agreement) on certain property located in 15 the City and more fully described in Exhibit B of the 16 Installment Purchase Agreement for a purchase price of 17 $255,346; and 18 WHEREAS, the aforesaid Development Rights shall be 19 acquired through the acquisition of a perpetual agricultural 20 land preservation easement, as defined in, and in compliance 21 with, the requirements of the Ordinance; and 22 WHEREAS, the City Council has reviewed the proposed terms 23 and conditions of the purchase as evidenced by the Installment 24 Purchase Agreement; 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 1. The City Council hereby determines and finds that 28 the proposed terms and conditions of the purchase of the 29 Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, 31 are fair and reasonable and in furtherance of the purposes of 32 the Ordinance, and the City Manager or his designee is hereby 33 authorized to approve, upon or before the execution and 34 delivery of the Installment Purchase Agreement, the rate of 35 interest to accrue on the unpaid principal balance of the 36 purchase price set forth hereinabove as the greater of 3.750 37 per annum or the per annum rate which is equal to the yield on 38 United States Treasury STRIPS purchased by the City to fund 39 such unpaid principal balance; provided, however, that such 40 rate of interest shall not exceed 6.75 o unless the approval of 41 the City Council by resolution duly adopted is first obtained. 42 2. The City Council hereby further determines that 43 funding is available for the acquisition of the Development 44 Rights pursuant to the Installment Purchase Agreement on the 45 terms and conditions set forth therein. 46 3. The City Council hereby expressly approves the 47 Installment Purchase Agreement and, subject to the 48 determination of the City Attorney that there are no defects 2 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2003. 3 70 Adoption requires an affirmative vote of a majority of 71 all members of the City Council. CA8981 arppurchase/cromwelltrust/cromwelltrustord.wpd R-1 August 15, 2003 APPROVED AS TO CONTENT: Rgir - s-. APPROVED AS TO LEGAL SUFFICIENCY: Law Department APPROVED AS TO AVAILABILITY OF FUNDS: 1 � 1 T1 U,_ -. - 4 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO.2003-60 SUMMARY OF MATERIAL TERMS SELLER: John G. Cromwell, Jr. and Edward F. Cromwell, Trustees of the John G. Cromwell, Sr. Trust PROPERTY LOCATION: 1865 Indian River Road PURCHASE PRICE: $255,346 EASEMENT AREA: 21.103 acres more or less DEVELOPMENT POTENTIAL: 3 single-family dwelling sites (3 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.75% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.75% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Acquisition of a new sanitary sewer pump station site for the construction of Maxey Manor Pump Station #388 MEETING DATE: September 9, 2003 ■ Background: This new pump station project will convey flows from existing residences and businesses currently on septic systems. Evelyn G. Marshall Trust and Evelyn G. Marshall Trustee own the property in fee simple. The property is located in the Lynnhaven District. ■ Considerations: The landowner is willing to sell 2,659 square feet and is willing to grant a temporary construction easement, which is sufficient for the construction of the new sanitary sewer pump station. ■ Public Information: Since the Maxey Manor community does not have a civic league, a notice of intent to hold a public meeting was mailed to each landowner, resident and business owner. We received two phone calls in response to the notice. Both calls were made regarding the schedule of construction. The requested information was provided and no other outstanding issues exist. ■ Alternatives: The existing gravity sanitary sewer is not deep enough to extend and serve the entire Maxey Manor area. Several lots would have to install private pumps to connect with the gravity sanitary sewer system. The new pump station eliminates the need for private pumping systems. ■ Recommendations: Staff recommends City Council approve the attached ordinance authorizing the City to acquire, by agreement or condemnation, all land necessary for the construction of the new sanitary sewer pump station. Funding for the pump station site acquisition is available in CIP project: 6-084 Maxev Manor Sanitary Sewer Improvements-51 % Proaram. ■ Attachments: Ordinance and plat for pump station site. Recommended Action: Approve ordinance Submitting Department(Agency: :; t3 Public Utilities City Manager: 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE AND A TEMPORARY 3 CONSTRUCTION EASEMENT FOR THE MAXEY 4 MANOR PUMP STATION SITE, EITHER BY 5 AGREEMENT OR CONDEMNATION, FOR THE 6 FOLLOWING SANITARY SEWER PROJECT, PUMP 7 STATION #388 8 9 6-084 Maxev Manor Sanitary Sewer Improvements-51 % Program 10 11 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 12 public necessity exists for the construction of this important sanitary sewer project to provide 13 needed improvements to the City's sanitary sewer system and for other public purposes including 14 the preservation of the safety, health, comfort, and convenience, and for the general welfare of 15 the people in the City of Virginia Beach; 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 Section 1. That the City Council finds there is a public necessity for this sanitary 19 sewer project, and authorizes the acquisition by agreement or condemnation, pursuant to Sections 20 15.2-1901, et seg., Code of Virginia of 1950, as amended, of all that certain real property in fee 21 simple and all that certain temporary construction easement (collectively the "Property") as may 22 be necessary to construct the project and as is shown on the plans for the project, and as is more 23 specifically described on the acquisition plat for the project, which is attached hereto and is 24 recorded in the Office of the Clerk of the Circuit Court of Virginia Beach as Instrument Number 25 200306170093452, (collectively the "Plans"), and the Plans are on file in the Engineering 26 Division, Department of Public Utilities, City of Virginia Beach, Virginia. Such acquisition will 27 be made only after compliance with Administrative Directive 3.14 for "Public Input for Public 28 Infrastructure Projects Undertaken in the City." 29 Section 2. That the City Manager is hereby authorized to make or cause to be made 30 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer 31 to the owners or persons having an interest in the Property. If refused, the City Attorney is 32 hereby authorized to institute and prosecute proceedings to condemn the Property. 33 Page 1 of 2 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 92003 36 37 38 39 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL 40 SUFFICIENCY AND FORM ai m$a4 - 43 SIGNATURE 44 tom- , c 45 46 DEPARTMENT 47 48 49 CA-8947 50 F:/Data/ATY/Ordin/NONCODE/ca8947.ord.doc 51 August 28, 2003 bQ0tz4 , ep� CITY A TORNEY Page 2 of 2 I i 44, ft ib �11 0 a� ass x �$ a et u b a L! 46., L/'i O L: ► ,,..1Wr � x eVC�J 4 J ti 0/ � 1h � 1' '4• � q ~ •� Q� a axle- Z%'i! 1 o al�:i� p w;Fl h i EU ��va-s. •�a►� � Imd�-.s�wr rl sfl ri r (�.o..t'rgAv i � ! � h (or ry •it "' � KRw7 F i C St:1+rf7 0 0� a f 1 a o9°�► -• .lW]ndO.Y tPJ A�WP '^ � ^' ` Jy, _ 1 T ,x sssr-9.-c�,r �ee9 ti �% L ` .rrss O r icc ad tt ,/ (m w sslr a II,,mti , Z mnw o SYNOO Q A iat97r d 00 110N + + V Q 107 y J N zig a \� �.Il �rw YI C�►��1. \ �_] .-1 Id aW _fZ _. 77/ f e4 a CITY OF VIRGINIA BEACH ITEM: FEMA I VDEM Emergency Management Planning Grant MEETING DATE: September 9, 2003 ■ Background: Each year the Virginia Department of Emergency Management (VDEM) applies for an Emergency Management Planning Grant (EMPG) from the Federal Emergency Management Agency (FEMA). The City of Virginia Beach is one of the communities that entered into an ongoing annual Local Performance Partnership Agreement with VDEM to receive a share of these funds In the past, funding was based on a set formula. Funding for the 2003 grants is now based on a new formula that includes not only a base amount but also a per capita allotment ($2,000 plus 160 per person based on the 2000 census) As a result of the new funding formula, the City is receiving a total of $70,041. This provides an additional $28,041 above the $42,000 already estimated for this grant in the upcoming budget. ■ Considerations: Historically, the funds from this grant have gone into the General Fund to support the salary of the Emergency Management Deputy Coordinator in the Fire Department. Based on the various and sizable needs of the City in the area of emergency preparedness and Homeland Security initiative implementation, these additional funds could be more effectively used to support specific planning projects such as the Emergency Operations Center slated for inclusion with the new Communications building. There is no deadline for use of the funds which would allow use to support other grant projects that cannot be completed with allocated funding or support projects within the Resource Management Plan specifically designated for emergency preparedness that require additional funding to meet project goals by acquiring needed equipment in the new EOC ■ Public Information: Public Information will be handled through the normal Council agenda process. Alternatives: These funds are an unanticipated increase in allotment for the VDEM 1 EMPG program Funding is not available within current City revenue estimates to divert to additional emergency planning activities ■ Recommendations: Accept and appropriate the $28,041 increase in the VDEWEMPG grant to support ongoing emergency preparedness initiatives in the City Attachments: Ordinance Notification Letter from Virginia Department of Emergency Management Recommended Action: Accept and Appropriate Funds. Submitting Department/Agency: Fire Department City Manager: F:\Data\ATY\Ordm\NONCODE\FEMAgrantarf.wpd 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $28,041 2 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY 3 TO THE FIRE DEPARTMENT'S FY 2003-04 OPERATING 4 BUDGET TO SUPPORT ALL -HAZARDS EMERGENCY 5 OPERATIONS PLANNING 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 Virginia: 8 That $28,041 in grant funds is hereby accepted from the 9 Federal Emergency Management Agency and appropriated to the Fire 10 Department's FY 2003-04 Operating Budget to support all -hazards 11 emergency operations planning, with federal revenue increased 12 accordingly. 13 Adopted by the Council of the City of Virginia Beach, Virginia 14 on the day of , 2003. CA-9003 Ordin/Noncode/FEMAgrantord.wpd R-1 August 27, 2003 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City Attor ey's Office COMMONWEALTH of VIRGINIA MICHAEL M CLINE Department of Emergency Management State Coordinator JANET L CLEMENTS Deputy Coordinator L RALPH JONES, JR May 8, 2003 Deputy Coordinator Mr. Mark C. Marchbank Emergency ivianagement Dep. Coordinator Virginia Beach City Office of Emergency Management 2408 Courthouse Drive Virginia Beach, VA 23456 10501 Trade Court Richmond, Virginia 23236-3713 (804) 897-6500 (TDD) 674-2417 FAX (804) 897-6506 RE: 2003 Grants to Localities, Federal Emergency Management Program Grant (EMPG) Dear Mr. Marchbank: Each year the Virginia Department of Emergency Management (VDEM) applies for an Emergency - Management Block Grant (EMPG) from the Federal Emergency Management Agency. This grant program provides basic funding for emergency management nationwide at bot'-i the local and state level. In Virginia we use EMPG to provide funds to local governments that enter into on annual Local Performance Partnership Agreement (LPPA) with the Department of Emergency Management. Approximately half of the local governments in Virginia participate in LPPA each year. Prior to 2003, the allocation from Congress had not increased for several years and local payments through LPPA had remained level. Congress had not approved the 2003 budget when the fiscal year ?vegan on October 1, 2002. Tl �._.'.117rV, T" l�Eir� signed agree entS wit I-ah-t:-s for 20103 activaieS bn�C'd Oii the 20v2 aiiv^CatiOns. When Congress approved the budget, it increased the 2003 EMPG appropri:11.3on making additional funds available for local governments in Virginia this fiscal year. These additional fiends are intended to enhance emergency management activities_ at the _local level. In Virginia these funds may be used to extend the activities initiated earlier this year through the Supplemental 2002 All -Hazards Planning Grants, to broaden citizen preparedness activities such as Citizen Corps and CERT (Community Emergency Response Team), and to support emergency management elements delineated in the LPPA. For distribution of the 2003 grants, VDEM has developed an equitabir_ formula for all jurisdictions consisting of a base amount plus a per capita allotment. The traditional LPPA allocations have not been based on population. Since many localities rely on the LPPA grant for salarie., and other essential costs, and would not be able to absorb mid -year changes, we have adopted an approach that considers both the allocations of the past and the new population -based formula. Mr. Mark C. Marchbank May 8, 2003 Page Two Your locality has signed a Local Performance Partnership Agreement with VDEM for 2003 and expects to receive reimbursement for $46,893. If we applied the new formula ($2000 plus 16� per person based on the 2000 census) your locality would receive a grant of $70,041. Since this amount is more than your current allocation, your 2003 grant will be increased to $70,041. You are still responsible for the LPPA activities. These funds will be reimbursed to you as stated in your agreement. If you have questions about this information, please contact your VDEM Regional Coordinator. Contact information is posted on the VDEM Web site at www.vaemergengy.com. Sincerely, Michael M. Cline CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $52,339 in the Oyster Heritage Trust Fund, and to Appropriate $15,000 From the Wetlands I Dunes Restoration Fund to the Department of Planning FY 2003-04 Operating Budget for the Cost of Constructing Lynnhaven River Watershed Oyster Reefs MEETING DATE: September 9, 2003 ■ Background: The City of Virginia Beach has established an Oyster Heritage Trust Fund for the purpose of collecting donations dedicated to the restoration of oyster habitat and oysters in the Lynnhaven River watershed. In conjunction with the Trust Fund, the Department of Planning has been developing an Oyster Heritage Plan with assistance from various agencies of the Commonwealth of Virginia, the U.S. Army Corps of Engineers, and the Chesapeake Bay Foundation. This plan has resulted in the identification of sites in the Lynnhaven watershed for construction of oyster reefs, which began in the summer of 2002 and resulted in the construction of approximately 8 acres of oyster habitat. Reef construction has been undertaken by the Virginia Marine Resources Commission for all projects completed to date. ■ Considerations: City staff has been working to develop a cost sharing arrangement as part of the Oyster Heritage. The total cost of this year's oyster reef projects in the Lynnhaven watershed is $67,339. Of this amount, $52,339 in funds are being provided from the Oyster Heritage Trust Fund. The remainder of the $15,000 in funds are being provided from civil penalties funds collected in enforcement of the Wetlands, Coastal Primary Sand Dunes and Chesapeake Bay Preservation Area Ordinances, and administered by the Department of Agriculture. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Alternatives: Alternatives to this approach considered by staff included a "No Action Alternative" and several more oyster reef project alternatives, each of them more aggressive in extent. These alternatives were not deemed to accomplish the intent of the project as selected, inasmuch as they were less likely to garner strong support at the State or Corps level, were less likely to best utilize available funding assistance, or because they did not allow for accomplishing multiple outcomes as would be possible with the preferred alternative. ■ Recommendations: Approval of Ordinance. ■ Attachments: Ordinance Recommended Action: Approve Attached Ordinance Submitting Department/Agency: Planning City 9 Mana er. `�7:tjb44z F:\Data\ATY\Ordin\NONCODE\oysterarf.wpd 1 AN ORDINANCE TO APPROPRIATE 2 $52,339 FROM THE OYSTER 3 HERITAGE TRUST FUND AND $15, 000 4 FROM THE WETLANDS/DUNES 5 RESTORATION FUND TO THE 6 DEPARTMENT OF PLANNING'S FY 7 2003-04 OPERATING BUDGET TO 8 CONSTRUCT OYSTER REEFS IN THE 9 LYNNHAVEN RIVER WATERSHED 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 11 CITY OF VIRGINIA BEACH, VIRGINIA: 12 1. That $52,339 of estimated revenue from 13 donations to the Oyster Heritage Trust Fund is hereby 14 appropriated to the Department of Planning FY 2003-04 15 Operating Budget. 16 2. That $15,000 of estimated revenue from civil 17 penalties in the Wetlands / Dunes Restoration Fund is hereby 18 appropriated to the Department of Planning FY 2003-04 19 Operating Budget. 20 3. That estimated revenue from donations and civil 21 penalties in the FY 2004 Operating Budget is hereby increased 22 by $67, 339. 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia, on the day of , 2003. CA-8991 Ordin/Noncode/oysterord.wpd R-2 - August 27, 2003 APPROVED AS TO CONTENT: 0L . Management Services APROVED AS TO LEGAL SUFFICIENCY: City Atto ey' s 45f f ice K. PLANNING 1. VARIANCES re §4.4(b)of the Subdivision Ordinance that all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) a. Application of JOHN M. STEWARD, JR., 4464 Lee Avenue (DISTRICT 4 - BAYSIDE) b. Application for a of H.A.V., INC. re the west side of Shoveller Avenue, north of Mill Dam Road. (DISTRICT 5 - LYNNHAVEN) 2. Application of VIRGINIA BEACH FREEWILL BAPTIST CHURCH for a Conditional Use Permit for a child care center at 210 South Witchduck Road. (DISTRICT 2 - KEMPSVILLE) 3. Application of AVALON HILLS BIBLE CHURCH for a Conditional Use Permit re church expansion at 5728 Indian River Road. (DISTRICT 1 - CENTERVILLE) 4. Applications of KENNETH A. HALL FAMILY LTD. PARTNERSHIP at 3757 Bonney Road: (DISTRICT 3 - ROSE HALL) a.. Change ofZoning Distract Classification from I-1 Light Industrial District to B-2 Community Business District b. Conditional Use Permit for motor vehicle sales and service 5. Applications of CH & B ASSOCIATES, LLP for Changes of Zoning Distract Classification from PD-H 1 Planned Development Housing: (DISTRICT 2 - KEMPSVILLE) a. to Conditional A-12 Apartment District and Conditional P-1 Preservation District with PD-H2 Overlays on the southeast corner of South Independence Boulevard and South Plaza Trail. b. and R 7.5 Residential District to Conditional B-2 Community Business District on the northwest corner of South Plaza Trail and Pnncess Anne Road C. to Conditional 0-2 Office District on the southwest corner of South Independence Boulevard and South Plaza Trail 6. Application of KEMPSHIRE ENTERPRISES, L.L.C. for a Modification to the Timberlake PD-H1 Land Use Plan for property located on the southeast corner of South Independence Boulevard and Silverleaf Drive. (DISTRICT 2 - KEMPSVILLE) 7. Application of CHESTER EHRENZELLAR for a Change of Zoning Distract Classification from PD-H1 Planned Unit Development District to R 5D Residential Duplex District at 1961 Mill Creek Drive. (DISTRICT 7 - PRINCESS ANNE) 8. Application of BERKSHIRE-HUDSON CAPITAL XI, LLC for a Change of Zoning District Classification from 0-2 Office and R 5D Residential Duplex District to Conditional B-2 Community Business District on the northeast corner of Salem Road and South Independence Boulevard. (DISTRICT 1— CENTERVILLE) 10. Ordinances to AMEND of the City Zoning Ordinance (CZO): a. § 905 re sign regulations in the B-3A Pembroke Central Business Core Distnct b. § 401 re farm stands as accessory uses in the AG-1 and AG-2 Agricultural Zoning Districts. Gpin 1570--10-2992 ZONING HISTORY 1 Subdivision Variance — Granted 10-6-86 2 Subdivision Variance — Granted 9-30-85 3. Subdivision Variance — Denied 5-6-85 Change of Zoning (R-5 Residential District to R-8 Residential District) — Granted 12-17-84 4. Subdivision Variance — Granted 4-19-82 ..."' W CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: John M. Steward, Jr. — Subdivision Variance MEETING DATE: September 9, 2003 ■ Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for John M. Steward, Jr. Property is located at 4464 Lee Avenue (GPIN 1570702992) DISTRICT 4 — BAYSIDE ■ Considerations: There is an existing single-family dwelling with a detached garage and garage apartment located in the rear of the property, behind the home. The garage apartment is a non -conforming use in the R-10 District The site is currently zoned R-10 Residential District and is within the Shore Drive Overlay District. The total parcel size is 32,617 square feet. The applicant desires to divide the parcel in such a way as to put the existing single-family and the garage apartment on separate parcels. The parcel proposed for the garage apartment will not meet the 80-foot lot width requirement for the R-10 Residential District. Staff cannot support this request because it does not meet the requirements of Section 9.3 of the Subdivision Ordinance for a hardship. Most importantly, there are similar lots in terms of size, configuration and access in close proximity to this site It would be unwise to `open the door' for other property owners to explore similar opportunities where a genuine hardship does not exist. Staff recommended denial There was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 7-4 to approve this request with the following condition 1. Structures on the lots are not to exceed two (2) stories. John Steward Page 2 of 2 ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends denial Planning Commission recommends approval Submitting Department/Agency: City Manager: 9" Planning Department\4,, - . J OHN M. STEWARD, J Rm / # 16 August 13, 2003 General Information: APPLICATION NUMBER: F02-210-SVR-2003 REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS: 4464 Lee Avenue Maroz Mto Scel r � s l JI7 i a, GPIN: 15707029920000 ELECTION DISTRICT: 4 — BAYSIDE ' SITE SIZE. 32,617 square feet cptn 1570-10-2992 Planning Commission Agenda ~Az August 13, 2003 JOHN M. STEWARD, JR. / # 16` Page 1 STAFF PLANNER: Carolyn A K. Smith PURPOSE: To subdivide the property into two (2) lots, one (1) of which will not meet the 80-foot lot width requirement along the right-of-way. Major Issues: • Evidence of a hardship justifying granting of a variance to the requirements of the Subdivision Ordinance. Site Plan / Preliminary Plat: Existing Lot: The existing lot is 32,617 square feet Proposed Lots: It is the intent of the applicant to subdivide the property into two (2) lots, one (1) of which will not meet the 80-foot lot width requirement along the right-of-way The substandard lot (16-A-2) is proposed with a lot width of approximately 17 feet The proposed lot meets the minimum square footage requirement of 10,000 square feet I PIS; to^"^W I = ax ,MW4W 400 u: Avow a Wso Item Lot 16-A-1 Lot 16-A-2 Lot Width in feet 80 133 16.65* Lot Area in square feet 10,000 18,491 14,126 Variance required Planning Commission Agenda August 13, 2003 JOHN M. STEWARD, JR. / # 16 Page 2 Land Use, Zoning, and Site Characteristics Existing Land Use and Zoning There is an existing single-family dwelling with a detached garage and garage apartment located in the rear of the property, behind the home The garage apartment is a non -conforming use in the R-10 District The site is currently zoned R-10 Residential District and is within the Shore Drive Overlay District The total parcel size is 32,617 square feet Surrounding Land Use and Zoning North: • Single-family dwelling, duplex / R-5R Residential District South: • Lee Avenue • Single-family dwellings / R-10 Residential District East: • Single-family dwelling / R-10 Residential District West: • Single-family dwelling / R-10 Residential District Zoning History Over the last 22 years, several subdivision variances have been proposed in the vicinity of this property. In 1982, a Subdivision Variance was granted by City Council (item #4 on the Zoning History map) to allow a 15 foot wide lot width to create a Map F°Z ohn M. Stewar M � trot to s�e�� ,a "flag lot" in the then R-8 Residential District rather than the required 45 feet at the right-of-way The stated, hardship in that application was that ' @1 7 the "Present property has become a ;?, burden to owner because of upkeep and yard care. Owners are no ,`'As"A) /° � -I ° longer at the age where they can maintain this additional lot in addition to their personal residence " The City Council at that time felt that this ° was indeed a hardship and granted ;'� "v4,o FZ-110 the request Subsequent to that, in � '(SD) 1985, an identical request was Gp:n 1570-10-2992 denied by the City Council on a parcel located within the same block (item #3) This proposal also would have created a 15-foot wide "flag lot" on a site that was also in excess of the required 10,000 square feet of lot area In September of 1985, an Planning Commission Agenda August 13, 2003 JOHN M. STEWARD, JR. / # 16 Page 3 application to consolidate 10 non -conforming lots and re -subdivide the property into four (4) parcels (item #2) was granted by City Council A Subdivision Variance was required, as the existing structures on the site, which were to remain, did not meet the setbacks of the Zoning Ordinance. Granting of this variance reduced the nonconformity that existed and created lots that met both the required lot widths and lot areas for the zoning districts of each of the four (4) proposed parcels In October 1986, City Council reviewed and granted a Subdivision Variance for a parcel that was created as a result of a 1971 Street Closure (item #1). This 3,035 square foot lot was shy of the required 5,000 square feet of lot area required by the ordinance as well as approximately 15 feet short of the required 45 feet of lot width required at the right-of-way There are several flag lots on the south side of Lee Avenue. Records indicate that no subdivision variances were granted for these lots, the lots were created under the provisions of Section 200(e) allowing such subdivision for lots of unusual depth that meet specific criteria outlined in Section 200(e). Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Public Facilities and Services Water and Sewer There is water and sewer within Lee Road Any new dwelling units must connect to both City water and sewer. Transportation Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity No data No data Existing Land Use —10 ADTs Lee Road available available 3 Proposed Land Use — 20 ADTs Average Daily Trips 2 as defined by one single-family dwelling 3 as defined by two single-family dwellings Public Safety Police: Not reviewed. Planning Commission Agenda August 13, 2003 JOHN M. STEWARD, JR. / # 16 Page 4 Fire and Adequate — no further comments Rescue: Comprehensive Plan The Comprehensive Plan recommends that the area within the vicinity of this request be developed and redeveloped as Suburban Residential at medium and high densities of generally 3 5 dwelling units per acre and above. Evaluation of Request Staff evaluation of a Subdivision Variance is based on several factors, including the degree of compliance with City ordinances and regulations, consistency with the Comprehensive Plan, and adherence to good accepted land use and development practices and theory. Personal hardship does not enter into the Staffs evaluation. Above all, Staffs evaluation is based on Section 9 3 of the Subdivision Ordinance, which addresses variances to the ordinance. Section 9.3 of the Subdivision Ordinance states: Section 9 3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected C The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance Planning Commission Agenda August 13, 2003 JOHN M. STEWARD, JR. / # 16 Page 5 E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Over the last two (2) decades, several subdivision variances have been proposed in the vicinity of this property. As described above in the Zoning History section of this report, none of the variances granted in the last 20 years mimic the situation presented with this application In 1982, a Subdivision Variance was granted by City Council (item #4 on the Zoning History map) to allow a 15 foot wide lot width to create a "flag lot" in the then R-8 Residential District rather than the required 45 feet at the right-of-way The stated hardship in the application was that the "Present property has become a burden to owner because of upkeep and yard care. Owners are no longer at the age where they can maintain this additional lot in addition to their personal residence." The City Council at that time felt that this was indeed a hardship and granted the request The applicant's representative has noted that this current proposal is a reasonable request because it takes what the representative characterizes as a "legal Nonconforming Use" (the garage apartment) and makes it legitimate and therefore, ultimately a better situation A Subdivision Variance, however, should not be granted in order to make a bad situation into a better situation A Subdivision Variance should be granted only if a hardship meeting the criteria of Section 9.3 of the Subdivision Ordinance has been found to exist. Staff cannot support this request because it does not meet the requirements of Section 9.3 of the Subdivision Ordinance for a hardship. Most importantly, there are similar lots in terms of size, configuration and access in close proximity to this site It would be unwise to `open the door' for other property owners to explore similar opportunities where a genuine hardship does not exist Based on these factors, staff recommends that this request for a Subdivision Variance be denied. NOTE: Upon granting of a subdivision variance, a final subdivision plat must be submitted to the Development Services Center for approval and recordation. Further conditions may be required during the administration of applicable City Ordinances. B9 Lit Planning Commission Agenda August 13, 2003 JOHN M. STEWARD, JR. / # 16 Page 6 s;j UvMv 1M711 vn Planning Commission Agenda August 13, 2003 JOHN M. STEWARD, JR. / # 16 Page 7 -- : \J 2 \a . .ate �©m � .� . .. .. . . : <... . . a .. DISCLOSURE STATEMENT Applicant°s Name. List All Current Property Owners: 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) u Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. li the applicant is not the currant owner of the property, con phte Me Property Owner Disclosure section below: PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below, (Attach fist if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below. (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. A-nON- t certify that the information contained herein is true ,c- rate. ire Print Name Subdivision Variance Appl)eation Page 9 of 13 "^Af."A Tn 1aInnn Planning Commission Agenda August 13, 2003 JOHN M. STEWARD, JR. / # 16 Page 11 Item # 16 John M. Steward, Jr. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance West side of Shoveller Avenue District 5 Lynnhaven August 13, 2003 REGULAR Robert Miller: The next item is Item # 16, John M. Steward. Eddie Bourdon: Thank you. For the record, Eddie Bourdon representing Mr. John M. or Jack Steward and Jack's here with me. While you were all out, I put in front of you a couple of handouts. And, I'll explain what they are. One is our statement of support written from 32 of Jack's neighbors on Lee Avenue and the block around the property. My client has owned and resided on this property for over two decades. Close to a quarter of a century as a matter of fact. The property is zoned R-10 but it has over 32,600 square feet of land. It has two residential structures on the property. They were built in 1945. Princess Anne County in the year 1945 had no zoning and no prohibition of building multiple units on one piece of property. It is thus a legal non -conforming structure and use because there are two separate dwellings on the property. The application is to clean up that non conforming situation which handcuffs a property owner and not being able to do anything to those units without going to City Council, which does not permit him to sell one unit and derivate the other. The situation is one that doesn't come up very often but does come up. And, I have provided you with five examples of flag lot variances going back for a number of years that I did some research of the records that I keep of similar situations in the City. What I've given you are the staff comments but all of these were approved and many of the cases staff wasn't making "making recommendations." That only started a few years ago. These are all examples of non -conforming situations where two homes existed on one lot that the owner came in to clean up that non -conformity and you had to approve the subdivision variance to create the lots for the two individual homes. And, that's what exactly we have here today. Again, each lot far exceeds the required square footage but it does not have the lot frontage because by definition it's a flag lot. The two homes will continue to use the existing driveway based on the easement. That will be granted over the existing driveway. There's no intention of putting another driveway in at all. Things will not change from those that existed on this piece of property for going on sixty years. The staff evaluation at one point said the traffic generation said that the existing land use has 10 trips per day with the proposed being 20 trips per day. I don't think so. The existing since 1945 has two units on the property and that would be 20 trips today and 20 trips per day, if this is approved there's no increase in density that's taking place with this application. I would also note that on Lookout Road directly to the north of this property you will see a situation, now granted, this is R-5R zoning in this section and the R-10 on this section here. There's a flag lot configuration granted for the variance and interesting enough a flag lot for a duplex. There are two units here and two units here, four units on this property with a flag lot. You will also hopefully note that across Lee Avenue there are four flag lots. Four flag lots directly across the street from this property. Flag lots are certainly not out of keeping with the character of this neighborhood. Approving this variance for Mr. Steward will allow him to clean up his non -conforming situation and give him some flexibility as he is retired and he's going to need some ability financially if he should need, well just to care for potential medical needs, etc. and this is what this will do. There is no detriment to the character of the neighborhood. There is no change in the character of the neighborhood or the character of the property. And, that is attested to by all of these neighbors who have signed in favor of his request. Staff seems to be concerned about the potential for this repeating itself. First of all, this is misleading what you see here. It's not accurate. I've got the composite map. This house to the east of Mr. Steward's property is on two lots. There's a lot line that goes right through here. I've got a composite map if anybody wants to see it and I've shown it to staff. So, that's not possible. That property cannot have the same situation not to mention the fact from a presidential perspective there is only one house there. This is unique. There are no other situations in this area where that exists. The property to our west, this is not a house this is a garage. There are no residential units there. There's only one unit on this piece of property. It is the same size as Jack's property. The rest of these are not of sufficient size to permit any type of flag lot configuration or maybe not have two existing legally non -conforming residences on them. So, basically, you got a situation and the hardship is created by the application of the zoning ordinance to a developed piece of property that creates a non -conforming lot because it has two houses on it at the time the zoning was applied to it. What we're asking for is something that the zoning ordinance and zoning principals want to clean up and that is non -conforming uses. You want those non- conforming situations to be made conforming one way or another and this is the practicable way to make this conforming and to suggest that there is some detriment to the character of the neighborhood to have a flag lot for these two units for the unit in the back when it abuts a flag lot with a duplex on it, I think that's a stretch. So, we believe this is justified and warranted and based on previous precedence should be approved the precedence in this neighborhood and precedence city wide for cleaning up these same types of situations. We do not have any adversion or problem whatsoever with the condition that restricts the houses on these two lots to be no more than two stories in height. That's not a problem whatsoever. We also in full agreement to what we intend to do is have an easement for the driveway. The driveway will continue to be the access to both residences and not to put a second driveway in. Beyond that, I don't know what else I can offer to you that might address any concerns or issues that any of you may have but we do believe the criteria under the ordnance is met by this unique situation. We hope that you will look favorably toward the application. Ronald Ripley: Questions? Charlie. Charlie Salle': Eddie, you mentioned something about the buildings begin two stories. Is that a condition that you're proposing? Eddie Bourdon: Yeah. Well, we received this morning and I know Bruce Johnson very well and we'll be talking to Bruce. But Bruce had sent a letter, which there hasn't been a civic league meeting where this was discussed where we have any knowledge and Jack is a member of the civic league. And, in there, I thought he made reference to the desire that it not be more than a two-story building on the property or not being any larger than what's there now in terms of height. So, that is what's there now. We're perfectly amenable to a condition that it may not be more than a two-story building. And, the duplex behind us is a two-story building. I'll be very happy to a condition that restricts us to two-story in height. Charlie Salle': I haven't gone to this site but is the building in back one that would, if this was approved essentially be torn down? Eddie Bourdon: No. We don't intend to tear it down at all. Now, its not saying that it would never happen but actually Jack intends to eventually move into that building because it's a smaller unit and he doesn't need the space he has now. It's currently rented. It's not the intent to tear it down at all. Again, in the future that may happen. That's the point for restricting the height if that's a concern to anybody. We're perfectly willing to agree to that but there is no intent of tearing down either of the houses on property at this point. Ronald Ripley: Why now though, this little piece of Lee? As we know in Chesapeake Beach, there are a lot of different types of houses back in there. There are duplexes. There are a lot of things in there that aren't so great. There are some real nice homes that are back in the area. This little stretch of road is like a little nice single-family feeling. It's very nice. And, I see where you had some flag lots on the waterside and I see that there are some flag lots behind it that were on the other zoning. I guess it was the R-5 zoning but I'm just having a hard time seeing why we're going to change the lot configurations in this area. I'm not convinced. I think staff is probably correct. Eddie Bourdon: I disagree with staff and with the Chairman. The reason for now and the reason for doing it, is to clean up a non -conforming situation. Ronald Ripley: I understand that. Was it a garage and an apartment was built over the top of it? Eddie Bourdon: It has been that way since 1945 and you have two residences on one piece of property. Ronald Ripley: I know that. Eddie Bourdon: And, just like in the other five situations that I've provided you with examples of that is the zoning ordinance to get rid of non -conforming situations. One way you tear them down. The other way is you make them conforming. And, when you have a piece of property of this size that can easily be made conforming with that variance because both of the lots far exceed the square footage requirements. The idea of why now, there's no sinister motive. Jack, and I'll be more than happy to let him talk to you about this but he wants to clean up the situation for his future. He doesn't have any intention to change anything. But he has no ability to mortgage one property versus the other. He has no ability to sell one versus the other. He has not the ability to do anything to either house without going to City Council for approval. Ronald Ripley: Well, the way it's laid out right now, in my opinion, it just appears to me just a real nice single family street. I don't think we're doing anything to help the neighborhood by subdividing a lot. You may be helping the applicant and I don't disagree with that and I understand. But, I'm not convinced. Eddie Bourdon: Nothing changes with the application and that's why 32 residents have signed that they support and approve his request because I don't understand the concern that something is changing because nothing is changing. It remains single family. This isn't duplex zoning. There won't be any duplexes built here. It can't be. It's a mixed block to start wit because look what you have up here. Six units. Ronald Ripley: It's a different zoning. Eddie Bourdon: Right. That's what I'm saying. Look at the whole block and it's a mixed bag and all we're doing and that's all again, previous non -conforming situation and what we're doing is rather at some point in the future and I'm saying this will or won't happen with the demand for land, the pressure would actually, I think be increased to do something here other than what you see. This preserves the character versus having the piece of property be 32,000 square feet zoned R-10. Ronald Ripley: You could tear the building down back there. Eddie Bourdon: You could assemble two or three pieces of property and do a totally different subdivision which surely changes the character of the road because you got this 30,000 square foot piece here and 30,000 square foot piece here. Put a cul-de-sac in between and you can get into a number of scenarios with the value of the property going up. This actually does more to preserve the character of what's there and what's been there then to do nothing. Ronald Ripley: Well, I did go out and look at the property and I am familiar with Lee Avenue. And I had to go back and refresh myself and take a look at it and right after I did I said, "I just don't see the point here." I don't think it's in the best interest of the neighborhood to do it. That's just my opinion. But, I've said enough. Somebody else may have something else to say. Eddie Bourdon: The neighbors I think differ with you. Dorothy Wood: Eddie, did the City ask him to do this? I'm trying to think back where it's coming from. Eddie Bourdon: No. Dorothy Wood: No. But, he's not ever going to tear the garage down? Eddie Bourdon: That's not his intention at all. Dorothy Wood: But he could possibly? Eddie Bourdon: That can certainly happen. That could happen today for that matter. At that point, it would no longer be non -conforming. The value, as you well know, the value of your property is your ability to utilize it. And, it has been utilized since 1945 for two residential units. All he is trying to do is preserve that and provide the opportunity to upgrade it, which he doesn't have that ability to upgrade it because it's non -conforming, again, without going to City Council. And, to be able to borrow money at today's low interest to do needed repairs and upgrades to the property. Dorothy Wood: He can't repair the property? Eddie Bourdon: He can repair. He can't do anything that would in any way expand the footprint of unoccupy able space without requesting an expansion of a non -conforming use, non -conforming structure. Dorothy Wood: But he could repair. Eddie Bourdon: He can repair. Dorothy Wood: He can repair. Eddie Bourdon: He can repair. Yes ma'am. Dorothy Wood: Thank you. Ronald Ripley: Are there any other comments? Yes, Jan. Janice Anderson: I know that he has a legal non -conforming use and you said that you want to rectify this situation. There's nothing forbidding him from renting out that apartment for the next twenty years like it is right now. Is that correct? Eddie Bourdon: That's correct. Janice Anderson: So, if he can use the land like he has been using it just like it is with rent. Eddie Bourdon: That's correct. He has no ability to sell it. No ability to do anything else with it other than to leave it exactly the way it is. No ability to invest money in bringing it into more habitual and better situation than what exists today. Janice Anderson: Right. But if this was granted then you're actually turning it into two single-family dwellings. Eddie Bourdon: That is what is there now, two single family dwellings. Janice Anderson: Well, it's a non -conforming that's what they've let to continue as a small garage apartment. If this was, then as you say, he could expand it, make it larger. He then has intention and he could tear it down and do a big house. Eddie Bourdon: He could tear it down and build a house that met the setback requirements. Yes, that could be done. That's correct. Janice Anderson: Right. Ronald Ripley: Charlie. Charlie Salle': Eddie, the lot that's to the east, did you say that was two lots actually where the house is built across. Eddie Bourdon: It is two lots with the house built across the property line. I got the composite map. This is the property line. Where the show the dotted line because the house is on two separate lots. Charlie Salle': And, if this was granted will the unit in back meet all the rest of the setback? Eddie Bourdon: The unit more than exceeds the setbacks everywhere except the setback of the line where we split the line between the two houses. It exceeds all the setbacks on every side except between the two units. And, we're within a couple of feet there but there is a need, which would be approved with the variance of the lot. These two are not forty feet apart. But they far exceed the side and rear setbacks. Charlie Salle': How far apart are they? Eddie Bourdon: I believe its 26. It's ten because it's a side. That's right. It's 26 between them, which is 10 foot and 20 foot so we're four feet short of the requirement and that's between the two 26 feet. Ronald Ripley: Dot. Dorothy Wood: I'd like to make a motion Mr. Chairman to deny the application for Item # 16, John Steward. Ronald Ripley: We have a motion to deny. Do I have a second? Seconded by Jan Anderson. Is there any further discussion? Charlie. Charlie Salle': Sounds like it's moving well for you this application. Actually, I don't have a problem with it in the sense that in my view that we're not really changing the situation by granting the variance The buildings exist. They're non -conforming. They've been there for many, many years. We're not increasing the density. I think what we're doing is really what we've done a lot of times as Eddie's indicated we have used this procedure to deal with non -conforming use. Make them conforming and because it's not likely that the units are going to go away. They're probably going to be there and they can be repaired, renovated. They can't be expanded but I'm sure economically there's no reason why anybody would voluntary do away with the second structure, so it's going to be there. Nothings going to change on the ground so in my opinion we're better off legitimizing what's there and allow the owner flexibility he will need if he wanted to expand it or sell whether than have to sell both units. I don't see that it has any impact on the neighborhood. I don't think there's another situation with its non -conforming use situation existing out there. So, I would have no problem in turning down the request for an adjacent lot, because I don't think this sets precedence because as I say, it's the only non -conforming situation out there. But anyway, that's the way I feel about it. Ronald Ripley: Yes, Gene. Eugene Crabtree: I agree with Charlie. I don't see where this is going to make any difference. It's going to help the homeowner. The neighbors don't seem to mind. It's been done before in the area. I don't think were setting precedence. I personally do not have any problem with this application. I'm more in favor of supporting it than I am denying it. Ronald Ripley: Barry, do you have a comment? Barry Knight: I'll have to concur with Charlie and Gene. It looks like it's been here since 1945 and if all the neighbors, they certainly don't have a problem. They don't think it's going to change the character of the neighborhood and I don't see anyway that it's going to. I'm going to have to concur with Gene and Charlie. Ronald Ripley: Is there anybody else? I'll just reiterate. I just don't think it's in the best interest of the neighborhood. You ride in and look through the neighborhood it just doesn't feel like it needs to be subdivided. It's a single-family neighborhood. It's very nice. It's a very nice section of the City. It will surprise you if you drive on to Lee Avenue and you see how pleasant that little stretch of road is and it just doesn't feel like a situation that needs to be subdivided and the applicant is not being deprived of anything. I mean he still has the property. He still can rent it. He can still live back there and rent the front out if he wished. It just doesn't put you in a position of subdividing being able to create a second lot. So, I would vote in favor of denial. So, is there anybody else? Let's call for the question. John Steward: Is it too late for me to make a couple of comments? Ronald Ripley: It is. We're kind of at the point where we ought to vote it now. Ronald Ripley: By a vote of 5-6, the motion fails. Kay Wilson: We need an affirmative vote. Ronald Ripley: We need an affirmative vote. We need another motion. Charlie Salle': I'll make a motion that we approve the application and I guess I would add as a condition that the units on the lots not exceed two -stories in height. Eugene Crabtree: I'll second it. Ronald Ripley: We have a motion to approve with the addition of limitation of the height of the building and we have a second by Gene. Is there any discussion? Let's call for the question. I'm sorry, I voted wrong. I'd like to change my vote. Ed Weeden: Would you like me to reset the vote? Ronald Ripley: Yes, reset the vote. I'm so used to voting aye. AYE 7 NAY 4 ABS 0 ANDERSON NAY CRABTREE AYE DIN NAY HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY NAY SALLE' AYE STRANGE AYE WOOD NAY Ronald Ripley: By a vote of 7-4, the motion carries. ABSENT 0 Subdivision Variance - Lot Width ZONING HISTORY 1. 7/13/99 — DISCONTINUANCE, CLOSURE, AND ABANDONMENT OF AN UNIMPROVED PORTION OF MILL DAM RD. — Granted 10/8/96 — CONDITIONAL USE PERMIT (School) — Withdrawn 10/8/96 — CONDITIONAL ZONING CHANGE from R-10 Residential District to Conditional B-2 Community Business District— Withdrawn 4/27/87 — ZONING CHANGE from R-5 Residential District to 0-1 Office District Denied 7/7/87 — ZONING CHANGE from R-5 Residential District to B-2 Community Business District — Denied 3125/85 — CONDITIONAL USE PERMIT (Mono Pole) — Withdrawn 1121/85 — CONDITIONAL USE PERMIT (Mono Pole) — Granted 8/13/84 — ZONING CHANGE from B-2 Community Business District to A-1 Apartment District — Denied 8/13/84 — ZONING CHANGE from R-5 Residential District to A-1 Apartment District — Denied 2 6/9/92 — CONDITIONAL USE PERMIT (Automobile Repair) — Granted 7/13/87 — CONDITIONAL USE PERMIT (Small Engine Repair) — Granted 3 5/9/88 — SUBDIVISION VARIANCE — Granted 4 12/12/00 — CONDITIONAL USE PERMIT — Granted 12/19/89 — CONDITIONAL USE PERMIT — Granted 5. 2/11/92 — SUBDIVISION VARIANCE — Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: H.A.V., Inc. — Subdivision Variance MEETING DATE: September 9, 2003 ■ Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for H.A V., Inc. Property is located on the west side of Shoveller Avenue, approximately 630 feet north of Mill Dam Road (GPIN 24081996300000). DISTRICT 5 — LYNNHAVEN ■ Considerations: The existing lot is 1.26 acres and currently zoned R-10 Residential District. The dimensions of the lot are 105 feet by 525 feet This depth is not characteristic of similarly zoned parcels throughout the City It is the intent of the applicant to create two (2) lots, one of which will not meet the minimum required lot width of 80. Each lot will far exceed the minimum square footage requirement of 10,000 square feet and provide ample opportunity for the construction of two (2) single- family dwellings. Due to the excessive depth of this lot, the creation of one additional lot through the granting of a variance to Section 4 4(b) of the Subdivision Ordinance appears reasonable and should not be of substantial detriment to adjacent property nor adversely affect the character of the surrounding neighborhood. The Planning Commission placed this item on the consent agenda because of the unusual depth of the existing lot and each of the newly created lots would far exceed the required area for the R-10 Residential District Staff recommended approval There was no opposition to the proposal ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions 1. A shared ingress/egress for the single private drive at Shoveller Avenue, to be utilized by both Lot A and Lot B, shall be depicted on the final plat H.A V Inc Page 2 of 2 2 The property shall be subdivided only as depicted on the submitted subdivision plat ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: City Manager: Planning Department H.A.V., INC. / E#1 August 13, 2003 General Information: APPLICATION NUMBER: J04-210-SVR-2003 REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS: West Side of Shoveller Lane GPIN: ELECTION DISTRICT: 24081996300000 5 -- LYNNHAVEN Planning Commission Agenda August 13, 2003 H.A.V., INC. / # 15 Page 1 \NIA $ s� L r. a •' .J SITE SIZE: 1 26 acres STAFF PLANNER: Carolyn A K. Smith PURPOSE: To create two (2) lots on a 1.26 acre parcel, one (1) of which will not meet the minimum requirement of 80 feet for lot width in the R-10 Residential District Major Issues: • Evidence of a hardship justifying granting of a variance to the requirements of the Subdivision Ordinance. Site Plan / Preliminary Plat: Existing Lot: The existing lot is 1.26 acres and currently zoned R-10 Residential District. The dimensions of the lot are 105 feet by 525 feet. This depth is not characteristic of similarly zoned parcels throughout the City Proposed Lots: It is the intent of the applicant to create two (2) lots, one of which will not meet the minimum required lot width of 80 lt&m fte=ored Lot A Lot B Lot Width in feet 80 84.4 21.1 * Lot Area in square feet 10,000 20,360 34,525 *Variance required Land Use, Zoning, and Site Characteristics Existing Land Use and Zoning The vacant wooded parcel is currently zoned R-10 Residential District. Planning Commission Agenda August 13, 2003 H.A.V., INC. / # 15 Page 2 Surrounding. Land Use and Zoning North: • Single-family dwelling / R-10 Residential District South: . Single-family dwelling / R-10 Residential District • Virginia Power sub -station / R-10 Residential District East: . Shoveller Avenue • Single-family dwelling / R-10 Residential District West: • Mixed Retail / B-2 Community Business District Zoning History There have been numerous requests for Conditional Use Permits and Change of Zonings in the vicinity of this site, particularly along Great Neck Road and Mill Dam Road. Two (2) other Subdivision Variance requests have been granted on property along Shoveller Avenue, the first in 1988 and the second in 1992. The Subdivision Variance in 1988 created two (2) flag lots off of Shoveller Avenue, each with 15 feet of lot width. The more recent Subdivision Variance request in 1992 corrected an illegal situation where the parcel was created by deed in 1961. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana Public Facilities and Services Water and Sewer There are eight (8) inch water and sewer lines in Shoveller Avenue This site must connect to both City water and sewer Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Shoveller Avenue is a local residential street Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Shoveller Avenue 190 ADT No data Existing Land Use —10 ADT available a`pG�N1A BF.�Cy v Planning Commission Agenda August 13, 2003 H.A.V., INC. / # 15 Page 3 Proposed Land Use — 20 ADT Average Daily Trips based on existing 19 homes along roadway 2 as defined by one single-family dwelling 3 as defined by two single-family dwellings Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site Fire and Adequate — no further comments. Rescue: Comprehensive Plan The Comprehensive Plan designates this area as Suburban Residential/Low Density. This area of the City is planned for residential uses at or below 3.5 dwelling units per acre Evaluation of Request Staff evaluation of a Subdivision Variance is based on several factors, including the degree of compliance with City ordinances and regulations, consistency with the Comprehensive Plan, and adherence to good accepted land use and development practices and theory. Personal hardship does not enter into the Staffs evaluation. Above all, Staffs evaluation is based on Section 9.3 of the Subdivision Ordinance, which addresses variances to the ordinance Section 9.3 of the Subdivision Ordinance states Section 9.3 of the Subdivision Ordinance states, No variance shall be authorized by the Council unless it finds that A Strict application of the ordinance would produce undue hardship B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be Planning Commission Agenda August 13, 2003 H.A.V., INC. / # 15 Page 4 adversely affected C The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance E The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The existing lot is 1 26 acres and currently zoned R-10 Residential District. Each lot will far exceed the minimum square footage requirement of 10,000 square feet and provide ample opportunity for the construction of two (2) single-family dwellings The dimensions of the lot are 105 feet by 525 feet, characterizing it as a lot that is uncharacteristically deep for similarly zoned parcels throughout the City Due to the excessive depth of this lot, the creation of one additional lot through the granting of a variance to Section 4.4(b) of the Subdivision Ordinance appears reasonable and should not be of substantial detriment to adjacent property nor adversely affect the character of the surrounding neighborhood. Conditions 1. A shared ingress/egress for the single private drive at Shoveller Avenue, to be utilized by both Lot A and Lot B, shall be depicted on the final plat 2 The property shall be subdivided only as depicted on the submitted subdivision plat NOTE: Upon granting of a subdivision variance, a final subdivision plat must be submitted to the Development Services Center for approval and recordation. Further conditions may be required during the administration of applicable City Ordinances. Planning Commission Agenda August 13, 2003 H.A.V., INC. / # 15 Page 5 '0 96M) 10 Planning Commission Agenda August 13, 2003 H.A.V., INC. / # 15 Page 6 DISCLOSURE STATEMENT Applicant's Name. I::_'_ V s '!( List All Current EST.1TF, OF ODEILL WRT(�HT 31 JE1, FEN I . r 1LCjwRI , Property Owners: i �t�t; II;F ,� PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below - (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below (Attach list if necessary) 13 Check here ;f 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 property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) JV14FS YID stt;.MIQLL, CHAIRMAN; ROBERT L._PPODAZi.IT, FRFSTi)PNT._�..r__._____ BRENDA C' U,�\A, VIDE PRESIDENT, NARY__- 1iEAL11), SF.C:RETARY 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 of the property owner is NOT a corporation, partnership, firm, or other unincorporated organization CERTIFICATION. J certify that the information contained herein is true and -accurate. .. C., Signatvr'd Print Name CAP:) Subdivision Variance Application Page 9 of 13 CAC)Mode cea 30 15 2002 i'j�Q'G\N'A B C _ 4 Planning Commission Agenda August 13, 2003 H.A.V., INC. / # 15 Page 9 Item # 15 H.A.V., Inc. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance West side of Shoveller Avenue District 5 Lynnhaven August 13, 2003 CONSENT Dorothy Wood- The second is Item #15. It is an Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision of H.A.V., Inc. Property is located on the west of Shoveller Avenue near Mill Dam. It has two conditions. Mr. Bourdon. Eddie Bourdon: Thank you. Eddie Bourdon for the record representing the applicant. We have no objections to the conditions and appreciate being on the consent agenda. Dorothy Wood: Thank you Mr. Bourdon. Is there any opposition to Item # 15? Hearing none. Do you want to comment on that now? Mr. Din, would you like to comment? William Din: Yes. Just to provide a little comment on why the Planning Commission has placed this on consent. The purpose of this is to create two lots on a 1.26-acre parcel. One of these lots will not meet the minimum requirement of 80 feet of lot width so a subdivision variance is required. Because of the size of the lot, each lot subdivided will far exceed the minimal lot size of 10,000 square feet. The intent is to put two single- family dwellings on it. The lot is long and narrow so some unusual circumstances in that case. We felt that it would not be a detriment to the character of this area and therefore placed it on consent. Dorothy Wood: Thank you. Mr. Ripley, I would move to approve number #15 with two conditions. Ronald Ripley: So we have a motion by Dot Wood to approve. Do I have a second? Seconded by Barry Knight. Any discussion? Let's call for the question. AYE 11 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE ABS 0 ABSENT 0 SALLE' AYE STRANGE AYE WOOD AYE Ronald Ripley: By a vote of 11-0 the motion carries ha / Map Nct to Scnle .. Will / I ■ e W ` CUP - Church Day School ZONING HISTORY 1. 11/10/98 — CONDITIONAL USE PERMIT (church) — Granted 2. 11/27/01 — STREET CLOSURE for Katie Brown Drive and Morris Avenue — Granted 3. 4/9/96 —MODIFICATION OF CONDITIONS - Granted 5/14/87 — ZONING CHANGE from 0-1 to B-2 — Granted 4. 4/18/83 — CONDITIONAL USE PERMIT (bulk storage yard) — Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Virginia Beach Freewill Baptist Church — Conditional Use Permit MEETING DATE: September 9, 2003 ■ Background: An Ordinance upon Application of Virginia Beach Freewill Baptist Church for a Conditional Use Permit for a child care center on property located at 210 South Witchduck Road (GPIN 14677292620000). DISTRICT 2 — KEMPSVILLE The purpose of this request is to include a childcare and education center as a use associated with the church currently operating on the site ■ Considerations: The site is currently developed with a sanctuary and fellowship hall, classroom building and parking lot The site is currently zoned R-10 Residential District. A Conditional Use Permit for a church expansion was granted on the site on November 10, 1998. The applicant desires to operate a childcare and education center for children aged six weeks to five years. The center will operate from 6.30 a.m. to 6.30 p.m. Monday through Friday The maximum occupancy of the center is 46 children with 13 staff members. When construction on the new main sanctuary was recently completed, the older buildings behind the sanctuary were converted into classroom spaces These buildings are where the childcare and education center will be located The Planning Commission placed this item on the consent agenda because this request is for the expansion of an existing facility to add a needed use and will have no significant impact on traffic or the neighborhood Staff recommended approval. There was no opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions 1 The childcare and education center is limited to an enrollment of 46 children Virginia Beach Freewill Baptist Church Page 2 of 2 ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department -- City Manager: �- 1. 4b8 M*,-, -- : IVA. BEACH FREEWILL BAPTIST / # 19 August 13, 2003 General Information: APPLICATION NUMBER: D 07-214-MOD-2003 REQUEST: Conditional Use Permit for a childcare and education center ADDRESS: 210 South VVitchduck Road ' ►� :. Cie 'w I► 1 J% • . CUP - Church Day School GPIN: 14677292620000 ELECTION DISTRICT: 2 — KEMPSVILLE SITE SIZE: 2 acres lA 8£a z'1 _ ro =�_ 1 Doti Planning Commission Agenda �> August 13, 2003vY VA. BEACH FREEWILL BAPTIST / # 19,,�;,°:' Page 1 STAFF PLANNER: Barbara Duke PURPOSE: To include a childcare and education center as a use associated with the church currently operating on the site Major Issues: • Degree to which the proposal is compatible with the surrounding area. Land Use, Zoning, and Site Characteristics: Existina Land Use and Zonin The site is developed with a sanctuary and fellowship hall, classroom building and parking lot The site is currently zoned R-10 Residential District Surrounding Land Use and Zoning North: . Grayson Road South: . Single-family homes / R-10 Residential District East: . Grayson Road West: • Witchduck Road Zoning History A Conditional Use Permit for a church expansion was granted on the site on November 10, 1998 The conditions attached to this Conditional Use Permit are noted below 1 The proposed building must match the materials of the existing church to the greatest extent possible Planning Commission Agenda August 13, 2003 VA. BEACH FREEWILL BAPTIST / # 19 Page 2 2 All new lighting for the site must be directed in toward the site and designed and installed so as to prevent glare into the adjacent residential area to the south 3 A right turn lane is required on South Witchduck Road for vehicles turning right into this site An option to the right turn lane is to close the entrance on Witchduck Road and install another entrance on Grayson Road 4. The site plan and rendering submitted with this request and on file with the Planning Department shall be substantially adhered to. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana Public Facilities and Services Water and Sewer City water and sewer currently serve this site. Transportation Witchduck Road in the vicinity of this application is considered a four lane undivided minor suburban arterial. It is designated on the Master Transportation Plan as a 100 foot wide, divided right-of-way. There is currently a CIP project designated as Witchduck Road — Phase I (VDOT) 2-931 This project will upgrade this facility to a six - lane divided roadway from Princess Anne Road to 1-264. A date for construction is not established since the project is not currently included in Virginia Transportation Six -Year Program. Witchduck Road is currently over capacity. This use is estimated to generate 200 additional vehicle trips per day The church has access to both Witchduck Road and Grayson Road and has recently installed a right turn lane at the entrance on Witchduck Road These factors help to mitigate the traffic impact of the proposed use Public Safety Police: No comments Fire and Adequate — no further comments Rescue: Planning Commission Agenda August 13, 2003 VA. BEACH FREEWILL BAPTIST / # 19 Page 3 rOa`:t4`N�n B�1`'P� F Z��u ; S Comprehensive Plan The Comprehensive Plan recommends the use of this site for suburban residential purposes. The plan also recognizes that certain non-residential activities, such as schools, places of worship, and parks are appropriate within these areas. Summary of Proposal • The applicant is requesting to be allowed to operate a childcare and education center for children aged six weeks to five years. The center will operate from 6.30 am to 6 30 pm Monday through Friday. The maximum occupancy of the center is 46 children with 13 staff members. • When construction on the new main sanctuary was recently completed, the older buildings behind the sanctuary were converted into classroom spaces These buildings are where the childcare and education center will be located. • The right turn lane on Witchduck Road required with the sanctuary addition by the Conditional Use Permit granted in 1998 has been installed. The church also has access from Grayson Road. • There is an outdoor play area in the rear of the site and an arts and crafts/picnic pavilion next to the play area • No changes to the physical improvements on site are proposed Evaluation of Request The request for a Conditional Use Permit for a childcare and education center is acceptable. The education center proposed will not have a substantial impact on traffic in the area due to the limited number of participants (46 children). The education center is an appropriate use at this location and will provide a needed service to the surrounding residential community. It is recommended that the Conditional Use Permit for a childcare and education center be approved with the following conditions. Conditions 1 The childcare and education center is limited to an enrollment of 46 children. Planning Commission Agenda August 13, 2003 VA. BEACH FREEWILL BAPTIST / # 19 Page 4 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 August 13, 2003 VA. BEACH FREEWILL BAPTIST 1 # 19 Page 5 Planning Commission Agenda August 13, 2003 VA. BEACH FREEWILL BAPTIST 14 19 Page 6 r sX DISCLOSURE STATEMENT Applicant's Name: U-Z jf1.�^fi�:s7` / + r List Al! Currents Property Owners:�l'/�S`"� _ _ PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list rf necessary) If the property owner is PAR .NERSHIP, FIRM, or other UNINCORPORATED Nhit ORGANIZATIO, 'rs ti erg in the organization ow: ttach lfs ryi v, k F ,f ❑ Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. if the applicant is not the currant owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: 1 certify that the information contained herein is true and accurate. ja ature Print Name Modification of Conditions Application Page 9 of 13 Planning Commission Agenda August 13, 2003 VA. BEACH FREEWILL BAPTIST / # 19 Page 9 Item # 19 Virginia Beach Freewill Baptist Church Conditional Use Permit 210 South Witchduck Road District 2 Kemspville August 13, 2003 CONSENT Dorothy Wood: The next item is Item 919, Virginia Beach Freewill Baptist Church. It's an ordinance upon application of Virginia Beach Freewill Baptist Church for a Conditional Use Permit for a childcare center, south Witchduck Road in the Kempsville Borough with one condition. Good afternoon. My name is David Bundy. I'm a Trustee of the Virginia Beach Freewill Baptist Church. Dorothy Wood: Have you read the conditions sir? David Bundy: Yes ma'am. We agree with them. Dorothy Wood: Thank you. Is there any opposition to Item # 19, the Virginia Beach Freewill Baptist Church day care center? David Bundy: Thank you. Dorothy Wood: Hearing none. Mr. Din? William Din: Again, the purpose of this was to include the childcare and education center as part of a current church use at this site. The Planning Commission felt that it was acceptable use and a favorable staff recommendation to it. It would not have any substantial impact on the traffic in the area and therefore no impact on the neighborhood within reason. So we felt that it was reasonable to place this on consent. Dorothy Wood: Mr. Ripley, I would move to approve number # 19 with one condition. Ronald Ripley: So we have a motion by Dot Wood to approve. Do I have a second? Seconded by Barry Knight. Any discussion? Let's call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE" AYE STRANGE AYE WOOD AYE Ronald Ripley: By a vote of 11-0 the motion carries. Map B-9 Mac N'a' tC S,+ale Avalon Hills Bible Church u �I C UP — church ZONING HISTORY 1 2/10/98 — CONDITIONAL USE PERMIT (Vehicle and Trailer Rentals) — Granted 3/18/85 — ZONING CHANGE from B-2 Community Business District to H- 1 Hotel District —Denied 2 12/3/96 — CONDITIONAL USE PERMIT (Church Expansion) — Granted 1/25/94 — CONDITIONAL USE PERMIT (Church) — Granted 3 5/18/81 — CONDITIONAL USE PERMIT (Auto Service Station) — Granted 4. 6/15/81 — ZONING CHANGE from B-2 Community Business District to H- 1 Hotel District — Granted 5. 6/15/81 — ZONING CHANGE from 0-1 Office District to B-2 Community Business District - Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Avalon Hills Bible Church — Conditional Use Permit MEETING DATE: September 9, 2003 ■ Background: An Ordinance upon Application of Avalon Hills Bible Church for a Conditional Use Permit for a church (expansion) on property located at 5728 Indian River Road (GPINS 14568153140000, 14568134020000). DISTRICT 1 — CENTERVILLE The purpose of this request is to construct a current 2,500 square foot addition and a future 3,767 square foot addition. ■ Considerations: The property is currently used as a church and is zoned R-5D Residential. The original Conditional Use Permit for the existing church was granted on January 25, 1994 Since that use permit, an expansion to the church was approved in 1996 The applicant is requesting a 2,500 square foot expansion of the existing 10,000 square foot church The proposed current expansion will be a 25-foot by100-foot addition to the front (south) facade. The seating capacity will not be increased by this addition. The elevation of the additions depicts attractive, architecturally compatible improvements. The future 3,767 square foot addition is proposed to increase the seating capacity from 220 to 435. The date of these future phase improvements is not known The church is seeking a variance, from the Board of Zoning Appeals, of 7 feet to allow for a 23-foot front yard building setback as well as a variance to required on -site parking The existing parking lot is actually located on property owned by the Virginia Department of Transportation (identified as a Park and Ride lot). The applicant is aware that variances must be obtained from the Board of Zoning Appeals in order to construct the improvements as depicted on the preliminary site plan A condition is recommended below that requires that foundation landscaping and interior parking lot landscaping be installed to meet the standards of the City Zoning Ordinance This parking lot is mostly devoid of landscaping and this renovation of the parking area as well as the proposed parking addition provides a good opportunity to bring the site up to current standards Avalon Hills Page 2 of 2 The Planning Commission placed this item on the consent agenda because it is an expansion to an existing use, the use is compatible to the surrounding area, and the proposal would provide an opportunity to improve the aesthetics of the site Staff recommended approval. There was no opposition to the request ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions. 1 The site shall be developed in substantial conformance with the site plan entitled "AVALON HILLS BIBLE CHURCH, PRELIMINARY SITE PLAN," prepared by The Spectra Group, dated May 27, 2003, which has been exhibited to the City Council and is on file in the Planning Department. 2. The proposed two (2) additions shall be constructed in substantial conformance with the elevation entitled "FACILITY EXPANSION," prepared by Andre Marquez Architects, dated July 2003, which has been exhibited to the City Council and is on file in the Planning Department. The fagades of the two (2) additions shall match those of the existing structure in terms of color and materials, with the exception of the use of standing seam metal panels for the roof. The metal roof may be utilized provided the color blends with the existing structure The Planning Director shall make a final determination of compliance of the design with this condition. 3. Category I landscaping shall be installed along the length of the eastern foundation (70 feet). ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department City Manager. E:: AVALON HILLS BIBLE CHURCH/ # 22 General Information: APPLICATION NUMBER: B09-213-CUP-2003 REQUEST: Conditional Use Permit for a Church Expansion ADDRESS: 5728 Indian River Road 1f-Y :0 sca —r7—, ;t August 13, 2003 Avalon Hills Bible Church \ /�► 'i'ty^ V G. � GG CLIP - GPIN: 14568153140000 14568134020000 ELECTION DISTRICT: 1 — CENTERVILLE SITE SIZE- 1.2206 acres 0 0 Planning Commission Agenda 4z August 13, 2003 AVALON HILLS BIBLE CHURCH/ # 22 Page 1 STAFF PLANNER: Carolyn A.K. Smith PURPOSE: To construct a 2,500 square foot addition and a 3,767 square foot addition (future phase) Major Issues: • Degree to which the proposal is compatible with the surrounding area. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The property is used as a church and is zoned R-5D Residential Surrounding Land Use and Zoning North: . Single-family dwellings / R-10 Residential District South: . Founders Inn hotel and Regent University I B-2 Community Business District East: . Single-family dwellings / R-7.5 Residential District West: . Vacant / P-1 Open Space Zoning History The original Conditional Use Permit for the existing church was granted on January 25, 1994. Since that time, an expansion to the church was also approved in 1996 Surrounding activities include Use Permits for motor vehicle rentals and an auto service station Several rezonings were also approved in the vicinity in the early 1980s. Planning Commission Agenda August 13, 2003 AVALON HILLS BIBLE CHURCH/ # 22 Page 2 Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ less than 65dB Ldn surrounding NAS Oceana. Public Facilities and Services Water and Sewer This site is already connected to City water and sewer The existing water meter may be used or upgraded. There are existing water and sewer lines fronting the site in Josephine Crescent. Transportation The existing use generates 133 weekday average daily trips (ADT) and 537 ADT on Sundays based on the existing square footage The 2,500 square foot addition and the 3,767 addition combined will only add an additional 23 weekday ADT and an additional 92 ADT on Sundays. Strickland Boulevard in the vicinity of this application is considered a two lane undivided suburban collector. It is not designated on the Master Transportation Plan nor are there currently any CIP projects to upgrade this roadway Public Safety Police: The Applicant is encouraged to review and incorporate safety by design concepts and (design) strategies contained in the CVB Planning Department's, "Crime Prevention Through Environmental Design - General Guidelines for Designing Safer Communities" booklet. Where lighting fixtures are installed along streets or in parking areas for illumination purposes, all fixtures must be of appropriate height and design as to prevent any direct reflection or glare towards adjacent uses and city streets Lighting should be directed down at the ground, and not out horizontally or up in the air Planning Commission Agenda August 13, 2003 AVALON HILLS BIBLE CHURCH/ # 22 Page 3 Fire and Fire Code permits are required for "Assembly Occupancy" as Rescue: well as a "Certificate of Occupancy" prior to release of the proposed addition All other applicable requirements will apply and will be further reviewed during final site plan review Comprehensive Plan The Comprehensive Plan recognizes this area planned for suburban residential medium/high density The Comprehensive Plan map and land use policies reflect the importance of neighborhood character The Plan states that the policy is to, "Preserve and protect the character of existing stable neighborhoods against inappropriate land use intrusions while recognizing the legitimate public need for a limited amount of compatible support activities " (page 51). Summary of Proposal Proposal • The applicant is requesting a 2,500 square foot expansion of the existing 10,000 square foot church The proposed expansion will be a 25-foot by100-foot addition to the front (south) facade. The seating capacity will not be increased by this addition. • The future 3,767 square foot addition is proposed to increase the seating capacity from 220 to 435. The date of these future phase improvements is not known. Site Design • The site has frontage on both Josephine Crescent and Stickland Boulevard; however, access is limited to Strickland Boulevard. No change to the existing ingress/egress is proposed • The front of the existing church faces Indian River Road and this is where the earliest expansion (2,500 square feet) is proposed. A future expansion (3,767 square feet) to increase the seating capacity of the sanctuary is proposed to the east and mimics the west end of the building in terms of height and design. This second phase will actually help to "balance" the budding • The church is seeking a variance, from the Board of Zoning Appeals, of 7 feet to allow for a 23 foot front yard building setback as well as a variance to required on - site parking The existing parking lot is actually located on property owned by the Virginia Department of Transportation (identified as a Park and Ride lot) A copy of Planning Commission Agenda August 13, 2003 AVALON HILLS BIBLE CHURCH/ # 22 Page 4 the encroachment agreement for the parking area has been submitted with this application. • The parking lot is proposed for expansion and improvement. The site plan indicates that a total of 93 parking spaces will be constructed. This meets the minimum parking standard in the Zoning Ordinance of 1 space per 5 seats, or 87 spaces, which is sufficient for the future expansion to 435 seats. • A stormwater management facility is depicted to the east of the future expansion and located in perhaps the only remaining "stand" of trees on the site The applicant has indicated that alternative sites for the facility were reviewed but that this location was deemed the best in order to accomplish the desired design of the parking lot expansion, etc. Vehicular and Pedestrian Access • One singular ingress/egress is provided from Strickland Boulevard. • Pedestrian access appears to be adequate. Architectural Design • The existing structure has a reddish brick exterior with dark gray asphalt shingle roof. • The elevation of the proposed 2,500 square foot expansion depicts a brick exterior with an arcade supported with white columns Four (4) large windows are shown on either side of the renovated entrance. A large pediment covers the entry doors with a steeple beyond This addition will be flush (other than the pediment that will extend NEW ELEVATION SCALE t J8'= t'-4" Planning Commission Agenda August 13, 2003 AVALON HILLS BIBLE CHURCH/ # 22 Page 5 beyond) with the western portion of the structure, as currently, this section of the building is recessed. • A future expansion (3,767 square feet) for the sanctuary expansion is proposed to the east and mimics the west end of the building in terms of height and design. This second phase will actually help to "balance" the building. Building materials for this "second phase" will match those of the existing structure as well as the proposed first phase, 2,500 square foot addition Landscape and Open Space • While not depicted on the plan, requirements for interior parking lot landscaping and foundation landscaping must be met Further review of these standards will be done during site plan review. • A condition of approval is recommended that requires Category I landscaping be installed along the length of the eastern foundation (70 feet) to provide a visual buffer, over time, to the metal building. Evaluation of Request Staff recommends approval of this request for the expansions to the church subject to the conditions below The elevation of the additions depicts attractive, architecturally compatible improvements The applicant is aware that variances must be obtained from the Board of Zoning Appeals in order to construct these improvements as depicted on the preliminary site plan. Staff has included a condition below that requires that foundation landscaping and interior parking lot landscaping be installed to meet the standards of the City Zoning Ordinance. This parking lot is mostly devoid of landscaping and this renovation of the parking area as well as the proposed parking addition provides a good opportunity to bring the site up to current standards %a BEq Planning Commission Agenda August 13, 2003 AVALON HILLS BIBLE CHURCH/ # 22 Page 6 Conditions 1 The site shall be developed in substantial conformance with the site plan entitled "AVALON HILLS BIBLE CHURCH, PRELIMINARY SITE PLAN," prepared by The Spectra Group, dated May 27, 2003, which has been exhibited to the City Council and is on file in the Planning Department. 2 The proposed two (2) additions shall be constructed in substantial conformance with the elevation entitled "FACILITY EXPANSION," prepared by Andre Marquez Architects, dated July 2003, which has been exhibited to the City Council and is on file in the Planning Department. The two (2) additions' facades' shall match those of the existing structure in terms of color and materials with the exception of the use of standing seam metal roof panels. The metal roof may be utilized provided the color blends with the existing structure. The Planning Director shall make a final determination of compliance of the design with this condition. 3 Category I landscaping shall be installed along the length of the eastern foundation (70 feet). 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 August 13, 2003 AVALON HILLS BIBLE CHURCH/ # 22 Page 7 L"1 2 a v Planning Commission Agenda August 13, 2003 AVALON HILLS BIBLE CHURCH/ # 22 Page 8 it X 7; Planning Commission Agenda August 13, 2003 AVALON HILLS BIBLE CHURCH/ # 22 Page 9 DISCLOSURE STATEMENT � Applicant's Name A•y: 1on Hills Eas h,lrc. List All Current -7rustPes: David D. S:Inue! C. Futto- Property Owners R _ Jame L, `:wanson. Rodney h . APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below (Attach list cf necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners to the organization below (Attach list if necessary) Trustees; David D. Rieke, Samuel C. Button R. games SwansonRodney H. Puckett II Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization_ )f the applicant is not the current owner of the property, complete the Property Owner Disclosure section below. PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below, (Attach list if necessary) CI Check here if the property owner is NOT a corporation, partnership, firm, or other. unincorporated organization CERTIFICATION ! certify that the intbrmatfon contained herein is true and accurate. Signatu Conditional Use Permit Application PacrP 8 of 8 Print Name Planning Commission Agenda August 13, 2003;� AVALON HILLS BIBLE CHURCH/ # 22:'�' Page 12 Item #22 Avalon Hills Bible Church Conditional Use Permit 5728 Indian River Road District 1 Centerville August 13, 2003 CONSENT Dorothy Wood- The next item is Item #22, Avalon Hills Bible Church. It's an ordinance upon application of Avalon Hills Baptist Church for a Conditional Use Permit for a church expansion on Indian River Road in the Centerville District and it has three conditions. Yes sir. Rod Puckett: Yes ma'am. I'm Rod Puckett, the assistant Pastor. We have read the conditions and agree with them. Dorothy Wood: Thank you so much. Rod Pocket: It is Avalon Hills Bible Church. You read it once that way and once as Baptist Church, just for your records. Okay. Thank you. Dorothy Wood: Is there any opposition to the Avalon Hills Bible Church? Hearing none. Mr. Horsley, would you please comment on that? Donald Horsley: Okay. The applicant has requested a 2,500 square foot expansion to the existing 10,000-foot expansion that they've got there. And, the elevations of the addition depicted the attractive architecturally compatible improvements. And just to make the applicant aware that variances must be obtained from the BZA before construction can proceed. Dorothy Wood: Thank you. Mr. Ripley, I would move to approve number 422 with three conditions. Ronald Ripley: So we have a motion by Dot Wood to approve. Do I have a second? Seconded by Barry Knight. Any discussion? Let's call for the question. AYE 11 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE ABS 0 ABSENT 0 CUP — Motor Vehicle Sales and Service ZONING HISTORY 1 08/11/86 — CONDITIONAL USE PERMIT for Auto Sales & Service - Granted 2 10/13/86 — CONDITIONAL USE PERMIT for Auto Sales & Service - Granted 3. 01/23/96 — CONDITIONAL USE PERMIT for Cell Tower - Granted 4 06/05/01 — CONDITIONAL USE PERMIT & STREET CLOSURE for Auto Body Shop 5 12/10/02 — CONDITIONAL USE PERMIT for Auto Sales (parking lot expansion) - Granted 6. 01/28/03 — STREET CLOSURE — Granted 7. 07/13/93 — CONDITIONAL USE PERMIT for Truck Rental 8 10-30-89 — CONDITIONAL USE PERMIT for Auto Repair 9. 3/28/03 — CONDITIONAL REZONING from 1-1 Industrial to B-2 Community Business and CONDITIONAL USE PERMIT for Auto Sales — Granted 3. j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Kenneth A. Hall Family Ltd. Partnership — Change of Zoning District Classification and Conditional Use Permit MEETING DATE: September 9, 2003 ■ Background: An Ordinance upon Application of Kenneth A. Hall Family Ltd. Partnership for a Change of Zoning District Classification from 1-1 Light Industrial District to B-2 Community Business District on property located at 3757 Bonney Road (GPIN 1487432711, 1487432716; 1487434715; 1487434901, 1487434612, 1487434620; 1487434526). The Comprehensive Plan recommends use of this site for a variety of employment uses including offices, appropriately located industrial use, and support services DISTRICT 3 — ROSE HALL An Ordinance upon Application of Kenneth A. Hall Family Ltd. Partnership for a Conditional Use Permit for motor vehicle sales and service at 3757 Bonney Road (GPIN 1487434901; -4715; -4612; -4620; -4526, -1975, -2800; -7783; 1487531618, -0584; -0479;-2515). DISTRICT 3 — ROSE HALL The applicant is requesting to rezone an area of 1.7 acres from 1-1 Light Industrial District to B-2 Community Business District and incorporate this property into the existing auto sales and service operation The applicant is also requesting Conditional Use Permit approval for a master plan for the auto sales and service operation that includes the area being rezoned and covers a total of 14.6 acres ■ Considerations: The site is currently occupied by a large auto sales and service complex and the majority of the site is zoned B-2 Community Business District There are two small areas in the southwest portion of the site that are still zoned 1-1 Light Industrial District There is an auto repair/warehouse structure, a communication tower and some outside storage currently existing on the 1-1 portion of the site There are several buildings and auto parking lots/storage areas as well as some vacant, treed areas on the B-2 portion of the site The existing auto sales and service business has been operating on this site since 1986 During subsequent years, numerous buildings, sales display areas and vehicle storage areas have been added at different times The applicant is now in a position to combine the majority of the property, 14.6 acres, under one Ken Hall Page 2 of 3 master plan that will govern the development of the property for the next three to five years The only portion of the business that is not part of this master plan is the auto body shop (collision center) currently under construction adjacent to I- 264 The applicant has not requested any changes to that Conditional Use Permit which was recently granted by City Council on June 5, 2001. The applicant has provided a master plan that will govern development on the site during the next three to five years The existing buildings on the site will be demolished and replaced by new buildings in phases All new buildings will follow a defined architectural style that will help to improve the quality of the overall business and will enhance the surrounding area The improvements shown are consistent with the goal in the Comprehensive Plan of improving this area to achieve greater economic potential from the existing properties Staff recommended approval. There was no opposition to the proposals. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve this request with the following conditions: This Conditional Use Permit supersedes the Conditional Use Permits previously approved for portions of this site on August 11, 1986, October 131 1986 and December 10, 2002 The development of the site shall substantially conform with the site plan entitled "Hall Properties, Bonney Road, Virginia Beach" dated May 30, 2003 exhibited to City Council and on file in the Planning Department 2. The 37,000 square foot building shall be developed in substantial conformance with the rendering entitled "Hall Nissan, Front Elevation - Bonney Road" and "Hall Nissan, Right Side Elevation — Butternut Lane" dated May 30, 2003 as exhibited to City Council and on file in the Planning Department. 3. A 50-foot reservation shall be required along the southern property line adjacent to 1-264 as necessary for improvements related to the Rosemont Road and 1-264 interchange. 4. All other buildings shown on the master plan shall be developed in substantial conformance with the architectural style, colors and materials used for the 37,000 square foot Hall Nissan dealership building referenced in Condition 2 above 5 All internal lot lines within the 14 6-acre site governed by this Conditional Use Permit shall be vacated by plat prior to final site plan approval of the first phase of construction Ken Hall Page 3 of 3 6 No outside storage of Junk or salvage vehicles shall be permitted If vehicles in this condition require storage, then such vehicles shall be stored within the building 7 All auto repairs must take place inside the building. No outside storage of equipment, parts or materials shall be permitted 8 All overhead doors located on the side of the aftermarket building facing I- 264 must remain closed except for moving vehicles into and out of the building for service. 9. Chain link fencing shall not be allowed. Any existing chain link fencing on the site shall be removed from the site as each phase is developed. Any new fencing installed around the perimeter of any parking lot shall meet Category VI screening requirements (a solid fence with Category I landscape plantings). 10 There shall be no pennants, streamers, banners, balloons, or searchlights displayed on the site at any time. 11 Vehicles shall not be parked so as to obstruct any entrance along Bonney Road, Chestnut Avenue, Butternut Lane and/or Spruce Street. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Departmen 4 City Manage . �, KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 77 & 18 General Information: APPLICATION G07-219-REZ-2003 NUMBER: G07-214-CUP-2003 REQUEST: 17)Rezoning from 1-1 Light Industrial District to B-2 Community Business District on 1 7 acres 18)Conditional Use Permit for Auto Sales and Service on 14 6 acres ADDRESS: 3757 & 3769 Bonney Road August 13, 2003 c-7 -" j 1ww - 831 R I f $. Pm d�i1►�rtdsr ConA,lior,al � � + ' "�iArmdtappowd 00'$ t_CiP _ M= v ._t ■_�__ __, --- \NlA BF,q Planning Commission Agenda August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 L.�� Page 1 GPIN: 14874349010000; 14874347150000; 14874346120000; 14874346200000;14874345260000,14874319750000, 14874328000000 ELECTION DISTRICT: 3 — ROSE HALL SITE SIZE- 14.6 acres STAFF PLANNER: Barbara Duke PURPOSE: The applicant is requesting to rezone an area of 1.7 acres from 1-1 Light Industrial District to B-2 Community Business District and incorporate this property into the existing auto sales and service operation. The applicant is also requesting Conditional Use Permit approval for a master plan for the auto sales and service operation that includes the area being rezoned and covers a total of 14 6 acres. Major Issues: The Comprehensive Plan in this area encourages parcel consolidation for commercial properties Compatibility with proposed future improvements to Rosemont Road / 1-264 interchange. Land Use, Zoning, and Site Characteristics: Existina Land Use and Zanina The site is currently occupied by a large auto sales and service complex and the majority of the site is zoned B-2 Community Business District There are Planning Commission Agenda August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 2 Y 4vr^- two small areas in the southwest portion of the site that are still zoned 1-1 Light Industrial District. There is an auto repair/warehouse structure, a communication tower and some outside storage currently existing on the 1-1 portion of the site. There are several buildings and auto parking lots/storage areas as well as some vacant, treed areas on the B-2 portion of the site. Surrounding Land Use and Zoning North: Bonney Road borders the portion of the site west of Spruce Street. In between Spruce Street and Pine Street, the site borders Bonney Road with the exception of a small auto body/paint shop that is owned separately on a parcel at the northwest corner of Spruce Street and Bonney Road. East of Pine Street, the Virginia Beach Schools Credit Union lies in between the site and Bonney Road / B-2 Community Business District South: Interstate 264 borders the portion of the site east of Buttemut Lane. There is a contractor's yard and some undeveloped properties in between the site and 1-264 on the west side of Butternut Lane / B-2 Community Business District and 1-1 Light Industrial District East: • East of Poplar Street, there is an auto repair/paint shop, motel, restaurant / B-2 Community Business District West: West of Chestnut Avenue, there is a large parcel proposed for a CarMax auto sales facility / Conditional B-2 Community Business District Zoning History The following zoning actions have occurred on the subject site. • 08/11/86 — CONDITIONAL USE PERMIT for Auto Sales and Service — Approved with no conditions. • 10/13/86 —CONDITIONAL USE PERMIT for Auto Sales and Service — Approved with no conditions. Planning Commission Agenda August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 3 • 01/23/96 — CONDITIONAL USE PERMIT for 180 foot tall monopole communication tower — Approved with the following conditions. 1 The tower must be designed to accommodate multiple users. 2. Coordination with the FAA to ensure that the tower does not interfere with air navigation. • 06/05/01 — CONDITIONAL USE PERMIT for Auto Body Shop and Vehicle Storage — Approved with the following conditions. 1. All auto repair must take place inside the building. No outside storage of equipment, parts or materials shall be permitted. 2. All overhead doors located on the side of the building facing 1-264 must remain closed except for moving vehicles into and out of the building for service. 3. The vehicle storage area must be surrounded by Category VI landscaping and fencing. The chain link fence shown on the site plan will not be allowed, a solid fence must be used. 4. A 50-foot reservation shall be required along the southern property line adjacent to 1-264 as necessary for improvements related to Rosemont Road and 1-264 interchange The applicant agreed to relocated the building back another twenty-five (25) or more feet to provide approximately sixty (60) plus feet for the setback in the area from 1-264. 5. The building labeled as "Proposed Body Shop" on the submitted site plan shall be shifted to the north toward the existing Second Street right-of- way, outside the reservation area required by Condition 4 and all building setbacks required by the City Zoning Ordinance. Redesign of the building to accomplish this shift to the north may be made consistent with Condition 7. 6. The development of the site shall substantially conform with the site plan prepared by MSA, PC, dated May 15, 2000, and annotated "MSA PROJ. #00017A", except for changes necessitated by compliance with these conditions Planning Commission Agenda August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 4 7. Architectural design, materials and colors shall conform with the "Conceptual Design for HALL AUTO WORLD COLLISION CENTER", prepared by Burkhart Thomas Architecture/Interior Design and on file in the Planning Department, except for changes necessitated by compliance with these conditions. • 06/05/01 — STREET CLOSURE for portions of Spruce Street and Second Street — Approved with the following conditions. 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of the City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no private utilities exist wihtin the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Preliminary review indicates that there are no public utility or public works facilities in the right-of-way proposed for closure. If subsequent review reveals any public facilities within the roadway, the applicant shall be responsible for relocating the facilities in a manner satisfactory to the Department of Public Utilities and/or the Department of Public Works. 5 The City reserves, for ten (10) years from the date of recordation of the closure, the right to repurchase the area of closure (which will not include areas encompassing buildings approved by City Council) at the same price paid by the applicant to the City plus a factor of 3% per year, without compensation for any improvements or for damage to the residue of the applicants' property. This repurchase right shall be included in the deed or in a separate agreement to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach. The deed or agreement shall be acceptable to the City Attorney and shall contain appropriate language to allow the reasonable substitution of some land outside of the existing Planning Commission Agenda August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 5 right-of-way for reconveyance to the City where those building improvements (other than parking area) which have been approved by City Council are to be constructed in the right-of-way which is closed. 6. Closure of the right-of-way shall be continget upon compliance with the above stated conditions within 365 days of approval by City Council If all conditions noted above are not accomplished and a final plat is not approved within 365 days of the City Council's vote to close the roadway, this approval will be considered null and void. • 12/10/02 — CONDITIONAL USE PERMIT for Auto Sales (parking lot expansion) — Approved with the following conditions. 1. Any fencing installed around the perimeter of the parking lot shall meet Category VI screening requirements (a solid fence with Category I landscape plantings). Chain link fence shall not be allowed. 2. No vehicles awaiting repair and no inoperable vehicles shall be stored in the parking lot. • 01/28/03 — STREET CLOSURE for portions of Pine Street and Second Street — Approved with the following conditions. 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of the City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to provide public utility easements over existing water and sewer facilities to the satisfaction of Public Utilities. These easements must be shown on the street closure plat. 4. The City reserves, for fifteen (15) years from the date of recordation of the closure, the right to repurchase the area of closure at the same price paid by the applicant to the City plus a factor of 3% per year, without compensation for any improvements or for damage to the residue of the Planning Commission Agenda August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 6 applicants' property This repurchase right shall be included in the deed or in a separate agreement to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach. The deed or agreement shall be acceptable to the City Attorney. 5. The applicant is required to verify that no private utilities exist wihtin the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 6. Closure of the right-of-way shall be continget upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat is not approved within 365 days of the City Council's vote to close the roadway, this approval will be considered null and void. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana. Public Facilities and Services Water and Sewer City water and sewer currently serve the site. Sewer and pump station analysis may be required for the new buildings proposed to determine if additional flows could be accommodated. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): VDOT is in the process of conducting a comprehensive corridor study of 1-264, which will involve improvements to the Rosemont Road/1-264 interchange. The Department of Public Works is evaluating the relocation of Bonney Road as part of this study. The current Public Works concept for relocated Bonney Road will impact this site as shown on the plan below. This concept and these improvements are in the preliminary stages of discussion and design. The only conflict with the preliminary alignment and the improvements proposed is that some paved parking areas are located within the proposed right-of-way of Bonney Road relocated. Planning Commission Agenda August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 7 Conddonod t#t PW Fat Half Properties 80,,,,,,,, ft „ r,d, 8"d%, VA Bonney Road in the vicinity of this location is a four lane undivided minor urban arterial foot It is shown on the Master Transportation Plan Map as an undivided facility on a right of way. There are no projects to improve this existing facility identified in the current Capital Improvement Program. Traffic Calculations: Street Name Present Present Generated Traffic Volume Ca aci Existing Land Use -1,256 ADT Bonney Road 13,710 ADT' 14,800 ADT' Proposed Land Use 3— 2,513 ADT Average Daily Trips 2 as defined by existing mixed B-2 and 1-1 uses in the area abased on 67,000 square feet of car sales building area 112, Planning Commission Agenda=' kz August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP I # 17 & 18 Page 8 Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Gated sites must provide for fire department access using the Rescue: Knox or Supra key system. Gates must have failsafe operation in the event of power failure. Vehicles must not be used as barriers to prevent ingress/egress to the property. Security for ingress/egress must be approved by the Fire Marshal so that the Fire Department access is not obstructed. Comprehensive Plan The Comprehensive Plan policies and Map designation for this portion of the Little Neck Planning Area support the mixture of residential and nonresidential uses that coexist in the Bonney Road corridor. The policies also recognize the potential for significant economic development in this corridor provided that development proposals are attractive, safe and economically viable. Parcel consolidation is encouraged as a way to increase the quality of development proposals. Summary of Proposal Proposal • The applicant has requested a new Conditional Use Permit to cover all of the auto sales and service operations as shown on the master plan and has also requested a rezoning to B-2 Community Business District on a small portion of property that is currently zoned 1-1 Light Industrial so that it can be properly incorporated into the master plan. If this proposal is approved, the number of Conditional Use Permits governing the site will be reduced from five to three Two of the three Conditional Planning Commission Agenda August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 9 Planning Commission Agenda August 13, 2003 CH&B/#617,85&9 Page 32 Planning Commission Agenda August 13 2003 CH&BI#617,81&9 Page 31 . . l.` . Planning Commission Agenda August 13, 2003 CH & B / # 61 79 S, & 9 Page 30 Preservation District The location and preservation of this area has been incorporated ►nto the layout of the parcels Access to the open space area will be established through the use of pedestrian and bike trails. This recommendation has been met • The use of conditional rezoning to ensure adherence to proposed development criteria Staff Comment: Defining specific design, site layouts, building matenals, landscape components and other features for the residential development are described within the proffer agreement, providing all concerned with a high level of predictability as to what will be ultimately constructed on the property. This recommendation has been met, as the applicant, working with staff, put forth a great amount of effort to provide this high level of detail Detail for the commercial and office parcels is not as great. The proffers for the B-2 piece, however, require the applicant to submit a plan of development, including site layout, architectural representation of proposed buildings, landscaping, and access, to City Council for review and approval pnor to the commencement of any land disturbance. In addition, the proffers for the office parcel describe acceptable building materials that also ensure that any development will be high quality The proposed elimination of the existing PD-H1 zoning on these parcels is a reasonable and appropriate request, as this designation limits the flexibility necessary to develop the farm to its fullest potential, benefiting the developer and assisting the City of Virginia Beach to reach its goals and objectives as expressed in the Comprehensive Plan This proposed rezoning significantly improves the development pattern of the property, as it is also more compatible with surrounding residential uses Adequate safeguards are in place, through the use of Conditional Zoning Agreements, to ensure high quality development Based on this reasoning and compliance with the recommendations outlined in the Comprehensive Plan, this request for the rezoning to eliminate the existing land use plan and develop the site as proffered is recommended for approval NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. ,A11A $E,cyL� Planning Commission Agenda August 13, 2003 CH&BI#6,718,&9 Page 29 consolidate several smaller adjacent properties and provide more flexibility and opportunity to market and develop the site ►n a cohesive manner while maintaining overall quality. This recommendation has been met • The design of a coordinated plan of development rather than piecemeal and provide a complimentary mix of uses while maintaining existing densities Staff Comment This recommendation has been met as this application covers the entire property under ownership by the applicant The desire to maintain a mix of complementary uses has been accomplished. • The incorporation of exceptional landscape treatments to improve the site's appearance and create boarders between roadways and uses. Staff Comment Review of the Development Manual reveals the high level of attention given to the proposed landscape treatments Details of these elements are descnbed above In summary, buffers will be established and/or maintained around the perimeter of the farm Wide landscape buffers and restoration areas are proposed along the east side of South Plaza Trail. Significant amounts of landscape matenal are proposed at each residential entrance This recommendation has been met • The detailed review of traffic impacts so as to not degrade the affected roadways below acceptable standards Staff Comment The Department of Public Work's Traffic Engineering division has worked closely with the applicant to ensure that the proposal does not adversely affect surrounding roadways A summary of the Traffic Impact Study is provided above in the Transportation section of this report This recommendation has been met • The review of the site's existing natural resources and incorporation into the layout of the development Staff Comment- The 1998 staff report noted concern that the property lacked a tree preservation plan Specific attention has been given to this concern through the development of a proffer that requires a formal Tree Restoration/Preservation Plan be submitted after initial cleanng of the areas of the site allowed to be cleared under the proffers. Details of this plan's ultimate content and time frame for submittal are outlined in the Residential Landscape section of this report In addition, a 14 acre wooded parcel identified as wetlands, as defined by the United States Army Corps of Engineers as junsd►ctional isolated upland wetlands, that bisects the residential parcels (east to west) is proposed as P-1 Planning Commission Agenda August 13, 2003 CH & B I # 65 7187 & 9 Page 28 Boulevard recommended in the TIS as amended Staff Evaluation: The TIS recommends that a second eastbound left turn lane be constructed on South Plaza Trail at the intersection with South Independence Boulevard at the time that the office development exceeds 225, 000 square feet (staff will develop a system for this development to ensure this proffer is implemented) Additional nght-of-way will be reserved to accomplish this need in the future This proffer is acceptable PROFFER # 6 Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Evaluation: This standard proffer is acceptable. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated July 24, 2003, and found it to be legally sufficient and in acceptable legal form Evaluation of Request The requests are acceptable as proffered This site is identified in the Comprehensive Plan as Holland Opportunity Site 1. The Plan recommends that any request for altering the current zoning on this undeveloped site consider the following • The consolidation of parcels to create centers or nodes of development Staff Comment- The need for the rezoning was created as a limited amount of non-residential uses are permitted under the current PD-H1 rules and the applicant did not feel that the current configuration and underlying zoning designations for the property were the best way to develop the site to benefit both the applicant and the City. Rezoning the property to B-2 and 0-2 will also Planning Commission Agenda August 13, 2003 CH&B/#61718,&9 Page 27 one hundred (100) feet of the northern property line adjacent to the residentially zoned property shall exceed thirty-five (35) feet in height. Staff Evaluation: The allowable height limit for structures within the 0-2 Office District is 75 feet This proffer provides assurances to the surrounding residential community that any of the proposed office buildings, at least within 100 feet of their properties, will not tower above them This proffer is acceptable. PROFFER # 3 The primary exterior building materials utilized on any building constructed on the Property shall be limited to: glass, brick, stone, metal, pre -cast concrete, or any combination of the aforementioned materials Staff Evaluation: This proffer is acceptable PROFFER # 4 A landscape buffer, twenty five (25) feet (or greater) in width shall be constructed along those portions of the perimeter of the Property (excluding roads and access points) adjacent to Independence Boulevard and South Plaza Trail, which buffer may contain a berm not exceeding a slope of 4H:1 V Staff Evaluation: This proffer is acceptable although the details of what will be contained within this buffer are not provided. This proffer ensures that no structures or parking areas will be constructed immediately adjacent to these rights -of -way ensuring an improved design above typical "by nght" projects PROFFER # 5 The Grantors have prepared and submitted a Traffic Impact Study ("TIS") of August 2002, and further amended by an addendum of July 24, 2003, analyzing the impact of this and the accompanying application for the Brenneman Farm. The TIS prepared by Kimley-Horn and Associates is on file in the Planning and Public Works Departments of the City of Virginia Beach. Prior to the issuance of any occupancy permits for office space in excess of 225,000 square feet on the Property, zoned 0-2, the Grantors shall have completed or bonded the improvements to the intersection of South Plaza Trail and S Independence Planning Commission Agenda August 13, 2003 CH & B / # 617, 81 & 9 Page 26 Architectural Design • Although elevations have not been submitted, the primary exterior building materials are proffered as glass, brick, stone, metal, pre -cast concrete, or any combination. The proffers limit the height of any building located on the 0-2 parcel, within one hundred (100) feet of the northern property line adjacent to the residentially zoned property, sections two (2) and five (5) of Larkspur Greens, to thirty-five (35) feet in height. The Zoning Ordinance limits the height in the 0-2 Office District to 75 feet. This proffer provides added protection to the adjacent residential community Landscape and Open Space • Several years ago when the site was cleared, a 25-foot wide swath of vegetation was preserved along the western property lines adjacent to sections two (2) and five (5) of Larkspur Greens. The proffer agreement re- emphasizes the need for this buffer, as the Zoning Ordinance requires it. This 25-foot wide "tree preservation area" is depicted on the proposed zoning plan In areas within this buffer where the vegetation is inadequate to meet the intent of Section 803 (b) of the City's Zoning Ordinance, additional Category IV material must be installed This will be further scrutinized during final site plan review • A landscape buffer, 25 feet (or greater) in width is proffered along South Independence Boulevard and South Plaza Trail Although the details of the proposed vegetation within this buffer are not described, it does ensure that buildings or parking lots will not be immediately adjacent to these rights -of - way. Proffers for the 0-2 Office District Parcel PROFFER # 1 A twenty-five (25) foot wide tree preservation area shall be provided along those portions of the Property adjacent to the residentially zoned property to the north of the Property Staff Evaluation: This proffer Is acceptable It is really a reiteration of the requirements for Landscape Screening and Buffenng found in Section 803 (b) of the City's Zoning Ordinance PROFFER # 2 No portion of any building located on the Property within Planning Commission Agenda August 13, 2003 CH & B I # 65 75 85 & 9 Page 25 detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements Staff Evaluation: This standard proffer is acceptable City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated July 24, 2003, and found it to be legally sufficient and in acceptable legal form. 0-2 Office District Parcel Site Design • The office area of this development has been consolidated into a 39.7-acre parcel and relocated to the northwest corner of the farm There is an existing 13.7-acre site (Bon Secours property) that will remain PD-H 1 that is not a part of this rezoning request, located in the "middle" of the farm, between the B-2 piece and the 0-2 piece, with frontage on South Plaza Trail and Healthy Way • No conceptual site layout has been submitted, as the applicant is not prepared to develop this portion of the property • Future stormwater management facilities are depicted on the Proposed Zoning Plan for the commercial and office parcels The final locations and the necessity of these ponds/lakes will ultimately be determined during final site plan review Vehicular and Pedestrian Access • Final ingress/egress to the proposed B-2 and 0-2 parcels will be determined during final site plan review. It is likely that accesses will be located across from the existing Brenneman Trail and the proposed variable width right-of- way, both on the east side of South Plaza Trail Planning Commission Agenda August 13, 2003 CH&B/#617589&9 Page 24 Proffers for the B-2 Community Business District PROFFER # 1 The Property shall not be developed until an application has been submitted for approval and acted upon by City Council in a timely manner with respect to a conceptual site plan addressing the design elements relating to the site, buildings, parking areas, landscaping and pedestrian and vehicular access. Nothing contained herein shall restrict the appeal rights of interested parties. Staff Evaluation: Even in light of the fact that the City has adopted a retail design ordinance, this proffer ensures that specific attention to building design and site layout and other elements listed above will receive significant review. The best means of ensuring a measurable adherence to many of the voluntary design guidelines is to require this type of review This was a condition of the last plan amendment and the applicant proffered to include this language within the proffer agreement The applicant has Indicated that there Is no Identified user for this site This proffer Is acceptable PROFFER # 2 The Grantors have prepared and submitted a Traffic Impact Study ("TIS") of August 2002 and further amended by an addendum of July 24, 2003, analyzing the impact of this and the accompanying applications for the Brenneman Farm. The TIS prepared by Kimley-Horn and Associates, is on file in the Planning and Public Works Department of the City of Virginia Beach Prior to the issuance of any occupancy permits for any uses on the Property zoned B- 2, Grantor shall have completed or bonded the improvements to the intersection of South Plaza Trail and Princess Anne Road recommended in the TIS Staff Evaluation: Prior to the completion of any commercial development on the B-2 property, a second westbound through lane at the Princess Anne Road, Providence Road and the South Plaza Trail intersection, will be constructed (or at least bonded). Adequate right-of-way is being reserved to meet this future need PROFFER # 3 Further conditions may be required by the Grantee during ,rr=p yL� Planning Commission Agenda August 13, 2003 CH&B/#6,7,89&9 Page 23 PROFFER # 15 Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements Staff Evaluation: This standard proffer is acceptable City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated July 24, 2003, and found it to be legally sufficient and in acceptable legal form B-2 Community Business District Parcel Site Design, Architectural Design, Landscape and Open Space • All commercial property is proposed on the west side of South Plaza Trail, as with the existing Land Use Plan. No conceptual site layout has been submitted, as the applicant is not prepared to develop this portion of the property. The proffers require the applicant to submit a plan of development, including site layout, architectural representation of proposed buildings, landscaping, and access to the City Council for approval prior to development of the property. • Future stormwater management facilities are depicted on the Proposed Zoning Plan for the commercial and office parcels. The final locations and the necessity of these ponds/lakes will ultimately be determined during final site plan review. Vehicular and Pedestrian Access • Final ingress/egress to the proposed B-2 and Q-2 parcels will be determined during final site plan review It is likely that accesses will be located across from the existing Brenneman Trail and the proposed variable width right-of- way, both on the east side of South Plaza Trail Planning Commission Agenda August 13, 2003 CH&B/#61718,&9 Page 22 Private Street Width 26 feet - Face of Curb to Face of Curb Private Alley Width: 12 feet - Edge of Asphalt to Edge of Asphalt DESIGN CRITERIA • Maximum number of units attached per building shall be 6 • Units shall be constructed on raised slab with brick skirt on front elevation • Windows shall be provided in all garage doors • As a minimum, beaded vinyl siding will be provided on all units • All fencing provided on lots backing up to the lakes shall be 4 feet open picket constructed of white vinyl • The following shall be allowed a 2 foot encroachment into required setbacks Fireplaces Bay windows Steps Decks which do not exceed 18 inches in height (excluding railings) Patios HVAC equipment Staff Evaluation: This proffer is acceptable as /t sets forth the necessary Information for setbacks, parking, density, lot coverage, etc , required for a PD-H development PROFFER # 14 The Grantors shall record a Master Deed of Covenants, Conditions and Restrictions ("Restrictions") governing the Property The Restrictions shall be enforced by a Mandatory Property Owners Association which will be responsible for maintaining all common areas including, all landscape buffers including all fencing, and all lakes and BMP's located on the Property Staff Evaluation: This proffer /s acceptable LA BF,CyL� Planning Commission Agenda August 13, 2003 CH&B/#61718,&9 Page 21 CARRIAGE HOMES • Front yard setback - from face of curb/private street. 20 feet • Side yard setback adjacent to a private street from face of curb 10 feet • Side yard setback from exterior property line 10 feet • Minimum distance between buildings side to side 12 feet • Rear yard setback from exterior property line or private street 10 feet • Minimum distance between buildings rear to rear 20 feet • Lot coverage building footprint 45 percent • Maximum building height 40 feet 2 AND 3 STORY TOWNHOMES • Front yard setback - from face of curb/private street. 20 feet • Side yard setback adjacent to a private street from face of curb. 10 feet • Side yard setback from exterior property line- 10 feet • Minimum distance between buildings side to side: 15 feet • Rear yard setback from exterior property line or private street: 10 feet • Minimum distance between buildings rear to rear: 20 feet • Lot coverage building footprint. 40 percent • Maximum building height 35 feet (two story unit), 40 feet (three story unit) PARKING REQUIREMENTS A minimum of 2 off street parking spaces shall be provided for each unit Garage parking shall be utilized to meet parking requirements PRIVATE STREET / LANE WIDTH CRITERIA Planning Commission Agenda August 13, 2003 CH&B/#6,718,&9 Page 20 Planning Department, prepared by a certified landscape professional, that will provide a survey of existing trees to remain by species and caliper as well as a depiction of proposed shrubs and trees identified by species, height and caliper at time of planting The proposed vegetation shall be a mix of evergreen and deciduous species The trees shall be installed with a minimum caliper of 1 Y2 inches at the time of planting and spacing appropriate for the species The Restoration Plan shall be approved by the Planning Department prior to issuance of a Certificate of Occupancy for any of the units within Parcels A, B and C. Staff Evaluation: This proffer is acceptable The applicant worked closely with staff to determine an acceptable process for developing a reasonable and effective restoration plan without requiring an excessive expenditure to survey the entire eastern side of the property PROFFER # 12 Except as provided below, Parcels A, B and C of the Property shall be developed in accordance with the criteria set forth in Section 603, 605 and 606 of the Virginia Beach Zoning Ordinance in effect on the date this application is approved Staff Evaluation: This proffer is acceptable as it requires the dimensional requnements, sign regulations, and parking regulations meet the standards set forth in the C►ty's Zoning Ordinance unless otherwise spec►f►ced in Proffer 13 PROFFER # 13 Site Data and Development Criteria Site Area, Use and maximum allowable units • Parcel A 13 8 Acres 125 2-Story Townhomes • Parcel B 29 97 Acres 165 3-Story Townhomes • Parcel C Carnage Homes 17 8 Acres 128 3-Story • Total 61 57 Acres 418 Total Units REQUIRED BUILDING SETBACKS Planning Commission Agenda August 13, 2003 CH & B / # 62 73 85 & 9 Page 19 massive and out of scale for the area PROFFER # 8 The areas identified as Parcels A, B and C on the Conceptual Development Plan within the Manual, shall be developed substantially as depicted on the Conceptual Development Plan. Staff Evaluation: This proffer is acceptable. Defining what units types are proposed for each area provides assurances for City Council and adjacent property owners that what is described in the Manual will actually be constructed on a particular parcel and in numbers and densities not to exceed the Land Use Plan in proffer number 13 PROFFER # 9 The architecture, building materials and external features of the condominium units constructed on Parcels A, B and C of the Property shall be substantially as depicted by the elevations contained in Section 2 of the Manual Staff Evaluation: Defining specific design, materials and features provide a high level of comfort and predictability to City Council and adjacent property owners. The applicant, to provide this high level of detail, demonstrated a great amount of effort This proffer is acceptable PROFFER # 10 The number of units constructed on Parcels A, B and C of the Property shall not exceed four hundred eighteen (418). Staff Evaluation: This proffer is acceptable While the underlying zoning of A-12 Apartment District determines the allowable overall zoning permitted within the PD-H2 parcels, this reiterates that the overall number of units will not exceed this requirement This proffer is acceptable PROFFER # 11 A 25 foot wide restoration area along South Plaza Trail, adjacent to Condominium Parcel A, shall be installed as indicated in Section 4 of the Manual After initial clearing of the site, the applicant shall contact the Planning Department to schedule a review of existing vegetation within the restoration area. During this review, it will be determined where additional plantings shall occur to provide a Category IV -type screen within the restoration area A "Restoration Plan" shall then be submitted to the Planning Commission Agenda August 13, 2003 CH&BI#617,89&9 Page 18 Staff Evaluation: The proffer ensures that the details depicted in the Manual concerning landscaping, fencing and signage are installed as portrayed This proffer is acceptable PROFFER # 4 The areas of the Property depicted as lakes, buffer areas, open space and recreational areas as shown on the "Conceptual Development Plan" in the Manual shall be used for those designated purposes. Staff Evaluation: This proffer Is acceptable PROFFER # 5 The area identified on the "Proposed Zoning Plan" as proposed "PD-H2 Luxury Multi -Family 20 0± AC" as contained in the Manual shall be developed as multi -family units and the total number of dwelling units shall not exceed 304 units Staff Evaluation: This proffer is acceptable PROFFER # 6 The multi -family units, clubhouse and garage units constructed within the aforesaid area shall be constructed in a manner substantially as depicted in Section 3 of the Manual. Staff Evaluation: This proffer is acceptable PROFFER # 7 No structure located within the area defined as "Luxury Multi -Family" as shown on the Conceptual Development Plan within the Manual shall exceed four -stories or sixty feet in height The structures located within one hundred feet (100') of a public -right-of-way, shall not exceed forty- five feet (45) in height and no fencing adjacent to a public right-of-way shall exceed five feet (5') in height (with the exception of any fencing around tennis courts which height shall not exceed twelve feet) Except as set forth herein, this portion of the Property shall be developed in accordance with the design criteria set forth in Sections 6029 603, 605 and 606 of the Virginia Beach Zoning Ordinance in effect on this date Staff Evaluation: This proffer is acceptable It ensures that no large structures will be immediately adjacent to nghts-of-way eliminating the potential for these buildings to appear too Planning Commission Agenda August 13, 2003 CH&BI#617,81&9 Page 17 Proffers for Residential Parcels Proposed with the A-12 Apartment District with PD-H2 Overlay Zoning PROFFER # 1 The Land Use Plan of Brenneman Farm, referenced above, shall be revised and adopted as shown on the exhibit entitled "Proposed Zoning Plan," dated July 18, 2003, as contained in the four part, multi -page document entitled Brenneman Farm Development Manual dated July 18, 2003, which publication has been exhibited to City Council and is on file in the Planning Department of the City of Virginia Beach (hereinafter the "Manual") Staff Evaluation: This proffer ensures that the details on the site layout, landscaping, fencing, access, building types, building elevations are clear and easily interpreted in the future This proffer also provides City Council, adjacent property owners and other interested parties specific information and a high level certainty and comfort concerning the final product when the development of the farm is complete The applicant has put forth a tremendous effort to ensure that all the necessary details are described in the Manual to ensure a high quality residential community This proffer is acceptable. PROFFER # 2 Prior to the issuance of any final occupancy permit on any residential units on the Property, Grantor shall substantially complete and bond roadway improvements to South Plaza Trail providing for two additional full vehicular traffic lanes (one in each direction) for traffic between South Independence Boulevard and Brenneman Trail. Staff Evaluation: This proffer is acceptable and is consistent with the recommendations within the approved Traffic Impact Study PROFFER # 3 The perimeter and interior landscaping, fencing and signage on all portions of the property adjacent to public rights -of -way shall be developed and constructed substantially as depicted in Section 4 of the Manual. Planning Commission Agenda August 13, 2003 CH&BI#61718,&9 Page 16 Department, prepared by a certified landscape professional, that will provide a survey of existing trees to remain by species and caliper as well as a depiction of proposed shrubs and trees identified by species, height and caliper at time of planting The proposed vegetation is also proffered to be a mix of evergreen and deciduous species These trees will be installed with a minimum caliper of 1 -Y2 inches at the time of planting and spacing appropriate for the species. Finally, the Planning Department, prior to issuance of a Certificate of Occupancy for any of the units within Parcels A, B and C, must approve the Restoration Plan • The fence and landscaping as described above, minus the tree preservation/restoration area, along the rights -of -way adjacent to Parcels A and B will be carried along the entire length of South Plaza Trail and South Independence, along the luxury multi -family property lines adjacent to these rights -of -way • The landscape design for the northeastern corner of South Plaza Trail and South Independence Boulevard intersection consists of large shade trees, small flowering trees, large and low growing evergreen shrubs and a large annual planting bed This extensive landscape treatment is possible as the applicant redesigned the proposed parking lot to avoid installing asphalt to the edge of the right-of-way The result will be an attractive design that will enhance to curb appeal of the apartment complex. • Along the entire eastern property line, adjacent to the Timberlake neighborhood, a 25-foot wide swath of existing trees will remain. While there is a ditch in the vicinity of the property line, the centerline of this ditch is not on the subject property. The applicant's engineer has indicated that this ditch will not be needed for any drainage nor will it need to be improved in any way, therefore, the existing vegetation can remain. A solid six (6) foot high wood fence is proposed along this eastern property line as well The wood fence, rather than a more maintenance free white vinyl material, was selected as it was viewed as less obvious and a natural compliment to the remaining woody vegetation. PD-H2 Land Use Plan for the Residential Units The detailed PD-H2 Land Use Plan for the residential parcels is contained within proffer number 13 below. t' Planning Commission Agenda August 13, 2003 CH & B / # 6179 8, & 9 Page 15 structures Brick veneer proposed at the water table will also add an attractive architectural detail Landscape and Open Space • The Brenneman Farm, the property under consideration, is identified as a Top Priority in the City of Virginia Beach Outdoors Plan for potential athletic facilities. Based on the 1999 population figures, the Department of Parks and Recreation indicates a 288-acre deficient open space in this part of the City. • The minimum acreage required for open space for a development of this size is 15 percent or 12.36 acres. The proposed zoning plan depicts 14 55 acres reserved as P-1 Preservation District. • A 14 acre wooded parcel that bisects the residential parcels (east to west) is proposed as P-1 Preservation District and will serve as the primary consolidated open space area for the development. At one time, at least 11 acres of this area was deemed as wetlands as defined by the United States Corps of Engineers. However, the property is dry enough to support passive recreational uses Walking and biking trails are depicted within the open space as well as an optional recreation area (possible tennis courts) for use by the occupants of the multi -family units (apartments). • The extensive details of the proffered landscaping for entrance plans, fencing, tree preservation and restoration, and signage can be found within the Brenneman Farm Development Manual. A synopsis of the highlights is discussed below • The proffered plan depicts a 25-foot wide tree preservation area along South Plaza Trail, the southern property line adjacent to parcels zoned R-7 5 and along the eastern property line adjacent to the Timberlake community. Specifically, the landscaping along South Plaza Trail and Brenneman Trail, fronting Parcel A, and along South Independence Boulevard the length of Parcel B consists of a sidewalk, a two (2)-rail white vinyl fence with brick columns, small flowering trees between the sidewalk and the fence, a wax myrtle hedge beyond the fence and a 25-foot wide tree reservation/restoration area After initial clearing of the site, the applicant has proffered to meet with the Planning Department to schedule a review of existing vegetation within the restoration area. During this review, it will be determined where additional plantings shall occur to provide a Category IV -type screen within the restoration area. A "Restoration Plan" will then be submitted to the Planning Planning Commission Agenda August 13, 2003 CH&B/#6,758,&9 Page 14 windows that appear to be double -sash are trimmed with wide white vinyl with keystones at the head Keystones are also depicted above the garages Additional architectural accents depicted on the elevation include standing seam metal roofs and premium vinyl shake. These units will be approximately 2,100 square feet. • The three (3)-story Carriage Homes are depicted with rear -loaded garages. Exterior front building materials proposed include brick veneer and premium beaded vinyl siding with vinyl shake used for accent The sides and the backs of the units are proposed with premium beaded vinyl siding. The units are proposed with gable roofs and gable or dormer accents on the roofs covered with architectural grade asphalt shingles. The covered front entries all have a second story porch above Mullion windows, mostly double -sash, with keystone heads are shown on the drawing Arched brick detailing on the window is proposed on the brick front units The carriage homes will range in size from 2,190 square feet to 2,633 square feet. • The four (4)-story luxury multi -family units (apartments) are depicted with a reddish brick veneer on the first floor that transitions to premium beaded vinyl siding (light yellow to beige color) then transitions again at the fourth floor into cedar shake style vinyl siding (same color as the beaded vinyl) Dark brown architectural style shingles cover the roof with dormers as accents Vinyl coated aluminum clad wood trim is proposed on the stairwells, and other accent features All buildings will have two (2) elevators. o The elevation for the clubhouse for the apartments described above depicts most of the same exterior building materials and colors, other than the vinyl shake, as the apartments The drawing shows a one (1)-story structure with a hip roof with a center atrium skylight A reddish brick is proposed along the water table. Mission style clerestory windows with mullions are depicted above casement or fixed rectangle shaped windows. The covered entrance is shown with a pediment extending out from the building. o The detached garages available for the occupants of the apartments mimic the design of the clubhouse. The elevation depicts the identical colors and building material as the clubhouse creating cohesiveness throughout the community The structures are proposed with hip roofs with dormers Each of the five (5) garage doors shown on the front fagade will have three (3) windows The center garage unit is covered with a pediment with white columns on both sides of this garage door provide an illusion of a main entry, providing interest and style to the Planning Commission Agenda August 13, 2003 CH&B1#61718,&9 Page 13 wall with a sign rather than a freestanding sign • A pump station is depicted on the east side of South Plaza Trail This station will provide sewer service to the development. Vehicular and Pedestrian Access • No direct access will be provided to any of the residential parcels via South Plaza Trail or South Independence Boulevard. All interior road systems will be private and, as such, maintenance and trash collection will be done privately • An extensive pedestrian trail system of "rolled stone" is planned throughout the open space areas with multiple access points in each parcel and one direct access to the sidewalk proposed along South Plaza Trail. Rolled stone can be described as small pieces of compacted granite and is actually more flat than round. Rolled stone is suitable for both biking and walking. Architectural Design • The two (2) story townhouse elevation depicts transitional style units where the predominate exterior building material is premium beaded vinyl siding. The units are proposed with gable roofs and gable front ends covered with architectural grade asphalt shingles. Some of the units are shown with dormer windows on the roofs, and all units are proposed with small Palladian window accents. Mullion windows that appear to be double -sash are trimmed with wide white vinyl clad with keystones at the head. Keystones are also depicted above the garages The covered entries vary in design and have either a shed or a gable end roof. Architectural accents such as standing seam metal roofs, and the use of brick and premium shake vinyl are also portrayed The sides and the backs of the units are proposed with premium beaded vinyl siding. These units are proposed with square footages ranging from 1,586 to 1,767 The three (3)-story townhome elevation depicts transitional style units similar to the units described above for Parcel A The predominate exterior building material is premium beaded vinyl siding The first floor fronts are shown with brick veneer accents. The sides and the backs of the units are proposed with premium beaded vinyl siding. Raised, uncovered entrances are shown, typical of an urban setting, with a second story Palladian window above The units are proposed with gable roofs and gable or dormer accents on the roofs covered with architectural grade asphalt shingles Mullion Planning Commission Agenda August 13, 2003 CH&B/#617989&9 Page 12 Due to the apartment complex proposed on the Parcel to the west, these three (3) story units provide a good transition, as the height of the two (2) styles of dwellings are similar. Developing this parcel with the single-family attached or the two (2) story townhouses could give the appearance that the apartments are out of scale with the remainder of the residential development. As with the two (2) story townhouses on Parcel A, the proffers limit the number of joined units to six (6) According to the conceptual development plan, 55 units will back up to open space and the lake system. The goal of the design was to provide desirable views to as many of the units as possible. • Condominium Parcel C, totaling 17 8 acres, will be developed with Carriage Style homes, attached in the rear with double car garages This parcel is to the east of Parcel A, adjacent to the Timberlake residential community Access will be from the Brenneman Trail right-of-way The proffers limit the number of dwelling units to 128. These units will be rear loaded and served by both 12-foot wide alleys and private streets. The majority of these units will have views of either open space, a lake or a 25 foot wide vegetated buffer. The design is reminiscent of neo-traditional site planning in terms of the site layout and unit design • The proposed Luxury Multi -Family parcel is located at the southeastern intersection of South Plaza Trail and South Independence Boulevard The 20- acre site is limited by the proffer agreement to no more than 304 units (apartments) In addition to ten, four (4) story buildings, the concept plan also depicts a clubhouse with a pool and seven (7) detached garage units along both South Plaza Trail and South Independence Boulevard. The clubhouse is depicted immediately at the entrance into the site. A large lake, serving aesthetic purposes only, is proposed within the interior of the site, providing an attractive amenity within the development. Initially, the layout depicted the parking lot up to the right-of-way at the intersection of South Plaza Trail and South Independence, a typical corner treatment The applicant has since revised the design and the parking lot's edge of pavement is now approximately 100 feet from the right-of-way This enables additional landscaping to be installed at this highly traveled and visible intersection aiding in "softening" the overall scale of the project. • Identification signage is proposed with extensive landscaping at several locations throughout the property The elevations of the identification signs depict predominately brick monument style signs with a white sign face and precast concrete finials that top each end of the signs The entry sign for the apartment complex is shown with much more brick and resembles more of a Planning Commission Agenda August 13, 2003 CH & B / # 6, 7189 & 9 Page 11 • There are four (4) existing lakes that are designed to serve as stormwater management facilities for the future development. Future facilities are also depicted on the plan for the commercial and office parcels The final locations and the necessity of these ponds/lakes will ultimately be determined during final site plan review. • There is a 13.7 acre parcel currently zoned PD-H1 and identified in the current Land Use Plan as office that has been sold and is not under the ownership of the applicant and, is therefore, not part of this rezoning request. Residential Parcels Site Design • All of the residential parcels will be located on the southeast side of South Plaza Trail. An interior pedestrian trail system, composed of "rolled stone" is proposed throughout the open space areas with at least two (2) "formal" access points to the residential parcels A children's play area is planned on approximately 1.43 acres, located between Condominium Parcels B and C An optional 2.25-acre recreational area for use exclusively by the multi -family apartment occupants is depicted within the 11 acre open space area. Only amenities permitted under the P-1 Preservation District zoning will be allowed within these areas. • Condominium Parcel A, 13.8 acres, will be developed with no more than 125 two (2) story townhouses. The conceptual layout of this parcel depicts vehicular ingress/egress from the existing Brenneman Trail right-of-way. These front -loading units will be accessed via a private street system. This parcel has approximately 1,500 feet of frontage along South Plaza Trail The proffers limit the number of joined units to no more than six (6); however, the plan shows the units with three (3), four (4) and (5) unit groupings. Of the ten units immediately adjacent to South Plaza Trail, only three (3) units have the rear of the structure facing this right-of-way. The design goal was to ensure that visually there would be "breaks" as one traveled along the roadway Up to 38 of the proposed units, will enjoy views of the existing lake and/or back up directly to the wooded open space • Condominium Parcel B, 29.97 acres, will be developed with no more than 165 three (3) story townhomes. This parcel will be located at the northeast corner of the site, adjacent to the Timberlake community Vehicular access will be from a proposed variable width right-of-way leading to South Plaza Trail These front -loading units will be accessed via a private road system Planning Commission Agenda August 13, 2003 CH & B / # 69 7, 8, & 9 Page 10 degrade the affected roadways below acceptable standards, the review of the site's existing natural resources and incorporation into the layout of the development, and the use of conditional rezoning to ensure adherence to proposed development criteria Summary of Proposal Proposal • To change the zoning of 81.57 acres of property (this 81.57 acre figure does not include lakes or open space) currently zoned PD-H1, located at the southeast side of South Plaza Trail and identified in the Land Use Plan as single-family dwellings, apartments and condominiums, to Conditional A-12 Apartment District with a PD-H2 Overlay for the development of: 1) 304 luxury multi -family apartments on 20 acres at the southeast corner of South Independence Boulevard and South Plaza Trail (Parcel D), 2) 125 2-story townhouses on 13.8 acres (Parcel A), 3) 165 3-story townhouses on 29 97 acres (Parcel B), and 4) 128 attached single-family dwellings on 17.8 acres (Parcel C) The total number of units on Parcels A, B and C will not exceed 418. • To change the zoning of 14.55 acres of property currently zoned PD-H1 to P- 1 Preservation District. This land will serve as the primary open space for the community • To change the zoning of 27.6 acres of property currently zoned PD-H1 and identified in the current Land Use Plan as 7.3 acres of single-family dwellings, 16 acres of commercial and approximately 2 acres of land labeled as future right-of-way from South Plaza Trail to Princess Anne Road to Conditional B-2 Community Business District In addition, two other adjacent parcels, both currently zoned R-7 5 Residential District and totaling approximately 7 acres, are also proposed to be rezoned to Conditional B-2 Community Business District The 27 acres of B-2 property will be located at the northern corner of the South Plaza Trail and Princess Anne Road intersection. To change the zoning of 39.7 acres of PD-H1 and identified on the current Land Use Plan as four (4) acres of office use, 12 acres of condominiums, 16 acres of retirement/independent living units and future right-of-way and stormwater management facilities to Conditional 0-2 Office District. The proposed 0-2 parcel will be located on the northwest corner of the property, adjacent to the South Independence and South Plaza Trail intersection. Planning Commission Agenda August 13, 2003 CH & B / # 65 75 81 & 9 Page 9 1 "generation" represents the number of students that the development will add to the school 2 °change" represents the difference between generated students under the existing zoning and under the proposed zoning The number can be positive (additional students) or negative (fewer students) It is important to note that although there is very little change in the number of students between the current land use plan and the proposed land uses, there is a significant impact on these schools as this property is currently undeveloped. The assigned schools and the surrounding schools have limited space available to accommodate the increased enrollment in this area and portable classrooms may be needed, at least temporarily, to accommodate the extra students. It is also important to note that the Towne Square development along Windsor Oaks Blvd and the 788 new units it will generate will also impact nearby elementary schools as well as the same middle and high schools, compounding the impact to the school division. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site Fire and Interior roadways must be adequately sized to accommodate Rescue: fire apparatus. Fire hydrants must be spaced no farther than 800 feet apart and shall be maintained in compliance with the NFPA. Comprehensive Plan The Comprehensive Plan identifies this tract as Holland Opportunity Site 1. The Plan recommends that considerations for altering the current zoning on this undeveloped site be "processed under the provisions of conditional zoning" that accomplishes the following: the consolidation of parcels to create centers or nodes of development; the design of coordinated plan of development rather than piecemeal and provide a complimentary mix of uses while maintaining existing densities; the incorporation of exceptional landscape treatments to improve the site's appearance and create boarders between roadways and uses; the detailed review of study traffic impacts so as to not Planning Commission Agenda August 13, 2003 CH&B/#6,7,89&9 Page 8 • The westbound approach on South Plaza Trail will be re -striped to indicate dual left turn lanes, a single through lane and an exclusive right turn lane • Additional right-of-way will be reserved along South Plaza Trail to allow for one (1) additional westbound through lane at the intersection with Princess Anne Road. • The construction or bonding of a second westbound through lane at the Princess Anne Road/Providence Road/South Plaza Trail intersection will occur prior to the completion of any commercial development on the B-2 property • An additional left turn lane for northbound movements from South Plaza Trail to South Independence Boulevard will be constructed • Additional right-of-way will be reserved along South Plaza Trail to allow for one (1) additional eastbound left turn lane at the intersection with South Independence Boulevard. • The construction of a second eastbound left turn lane on South Plaza Trail at South Independence Boulevard will occur when the office development exceeds 225,000 square feet • Signal modifications will be made as necessary. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use—15,649 South Independence 33,050 ADT 14,800 ADT' ADT Boulevard Proposed Land Use 3— 22,251 Princess Anne Road 28,250 ADT' 14,800 ADT' ADT 'Average Daily Trips 2 as defined by information contained in the Traffic Impact Study for the existing Land Use Plan 3 as defined by information contained in the Traffic Impact Study for the proposed land uses Schools School Current Enrollment Capacity Generation , Change 2 Providence Elementary 630 756 121 6 Larkspur Middle 1,894 2,085 53 -3 Kempsville High 2,039 2,085 64 -4 Planning Commission Agenda August 13, 2003 CH & B / # 69 7, 82 & 9 Page 7 Use Plan This change again reduced the number of townhouses allowed on the property (from 285 to 240) Most recently in 1998, City Council approved another amendment that resulted in the current Land Use Plan described briefly above. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of less than 65dB Ldn surrounding NAS Oceana Public Facilities and Services Water and Sewer There is a 12-inch water main in both South Plaza Trail and Princess Anne Road, fronting the property. All development must connect to City water. Construction plans and bonds for the water system are required. There is a 16-inch sanitary sewer main in South Plaza Trail fronting the property. City sewer is not available to the site at this time. Plans and bonds are required for construction of a new pump station and sewer system. Transportation Princess Anne Road in the vicinity of this application is a four (4) lane divided urban arterial. It is designated on the Master Transportation Plan as a 120 foot divided right- of-way with a bikeway There are no current projects identified in the Capital Improvement Program to upgrade this road. South Independence Boulevard in the vicinity of this application is a four (4) lane divided minor urban arterial. It is designated on the Master Transportation Plan as a 120 foot divided right-of-way with a bikeway. There are no current projects identified in the Capital Improvement Program to upgrade this road A graphic has been submitted that depicts the immediate and future improvements within the rights -of -way. A brief summary is provided below • South Plaza Trail will be widened to a four (4)-lane roadway from South Independence Boulevard to Princess Anne Road. • An additional southbound left turn lane onto Princess Anne Road will be constructed at the South Plaza Trail and Princess Anne Road intersection. Planning Commission Agenda August 13, 2003 CH&B/#61798,&9 Page 6 family/apartment units) and office uses on both sides of South Plaza Trail, and commercial uses on the west side of South Plaza Trail. With The acreage of commercial property (to be zoned Proposed Conditional B-2) will increase to 27.6 acres, all located Zoning: on the northwest side of South Plaza Trail, as additional residential acreage is being incorporated into the existing commercial site. All acreage designated for office use (to be zoned Conditional 0-2) will be located on the northwest side of South Plaza Trail and increase to 39.7 acres. All of the residential acreage will shift to the southeast side of South Plaza Trail (eliminating the retirement/independent living component, 125 2-story townhomes, 165 3-story townhomes, 128 attached single-family, 304 apartment units), and total acreage of residential will decrease to approximately 69 developable (94 19 acres including pump station and open space areas); however, the same number of residential units (722) allowed under the current PD-H 1 Land Use Plan are proposed. The current PD-H1 zoning will be replaced with Conditional B-2, Conditional 0-2 and A-12 with a PD-H2 Overlay Zoning History The Brenneman Farm Land Use Plan was originally approved by City Council as a PUD in June of 1971. This plan was comprised of 241 acres and consisted of mixed residential uses with a total of 1,024 units, 16 acres of commercial development, and a 23 acre office park. No details of the development were provided other than a general land use plan. In 1982, the City Council rezoned all properties in the PUD zoning district in Virginia Beach to PD-H 1. In 1992, 15 acres were rezoned from PD-H1 to R-10 Residential District and a Conditional Use Permit for the Catholic High School was granted. This acreage had been designated for townhouse development. Another 1992 amendment to the Land Use Plan was approved to replace the number of townhomes "lost" on the 15 acres removed from the plan The City Council again reviewed and approved a plan that shifted the townhouse density from the east side of Princess Anne Road to the west side of Princess Anne Road and incorporated two (2) additional properties into the Land BF,,gcyL Planning Commission Agenda August 13, 2003 CH&B/#617,89&9 Page 5 Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The entire 161 acres under consideration today is currently zoned PD-H1 Planned Unit Development. Portions of the property have been cleared and four (4) large stormwater management ponds have been constructed Other than the multi- family condominiums located on the south side of Princess Anne Road that are part of this PD-H, no other development has occurred on the site. There is a 13 acre parcel located in the center of this property that is not owned by the applicant and is not a part of this application, and as such, that acreage is not included This piece is currently zoned PD-H1 and will remain so. It is classified as "Office Use" by the current land use plan Surrounding Land Use and Zoning North: . South Independence Boulevard, multi- family dwelling units / PD-H 1 District South: . Princess Anne Road, multi -family dwellings, fuel sales / PD-H1 District, Conditional A-12 Apartment District, Conditional B-2 Community Business District East: Single-family dwellings / PD-H1 District, West: Catholic High School, single-family dwellings / R-10 Residential District, PD-H1 District Zoning and Land Use Statistics With Existing The property could be developed under the existing Zoning: approved Land Use Plan which includes residential (120 age restricted/retirement community, 210 singie- family,154 attached/townhouse, and 225 multi - Planning Commission Agenda August 13, 2003 CH&BI#G,7,8,&9 Page 4 PURPOSE: To increase the acreage of commercial property (from 16 acres to 27 6 acres) and relocate it all to the north side of South Plaza Trail To increase the acreage of office property (from 23 acres to 39.7 acres) and relocate it all to the north side of South Plaza Trail To shift all of the residential acreage to the south side of South Plaza Trail and to eliminate the retirement/independent living component. To maintain the same number of residential units allowed under the current PD-H1 Land Use Plan, but to construct those units on fewer acres (from 120.8 acres to 94 19 acres with an increase in density from 5.87 units per acre to 7.66 units per acre). Note: the density for just the area that qualifies for density (excluding the open space and similar land) equates to 10.43 units per acre This is below density permitted by the underlying A-12 Apartment District zoning of 12 units per acre Major Issues: Determination if the relocation and shifting of land uses improve the overall development potential of the entire property, including issues related to traffic circulation, traffic impact on surrounding roadways, orderly development of the residential parcels, development reflective and supportive of the needs of the community, aesthetic improvements to roadway, improved architectural design above existing approved Land Use Plan f4 •i.1. i Planning Commission Agenda August 13, 2003 CH & B / # 61 7, 81 & 9 Page 3 CH & B/#6, 7185 &9 August 13, 2003 General Information: APPLICATION NUMBER: E09-210-CRZ-2002 REQUEST: 6. Change of Zoning District Classification from PD-H 1 Planned Development Housing to Conditional A-12 Apartment District with a PD-1-12 Overlay on the southeast corner of South Independence Boulevard and South Plaza Trail 7 Change of Zoning District Classification from PD-H 1 Planned Development Housing District and R-7 5 Residential District to Conditional B-2 Community Business District on the northwest corner of South Plaza Trail and Princess Anne Road 8 Change of Zoning District Classification from PD-H 1 Planned Development Housing to Conditional 0-2 Office District on the southwest corner of South Independence Boulevard and South Plaza Trail 9 Change of Zoning District Classification from PD-H 1 Planned Development Housing to Conditional P-1 Preservation District on the east side of South Plaza Trail, 1230 feet, more or less, south of South Independence Boulevard This request, covering 147 79 acres, includes - (A) Removing the current PD-H1 zoning entirely from the property, (B) Shifting the locations and housing types of currently approved residential units under the current PD-H1 land use plan from both sides of South Plaza Trail to solely the southeast side of South Plaza Trail (C) Relocating all retail and office development to the northwest side of South Plaza Trail (D) Incorporating 3 04 acres of property currently zoned R-7.5 Residential District (not previously included in the project) and rezoning it to B-2 Commercial Business District. Planning Commission Agenda August 13, 2003 CH & B I # 6175 85 & 9 Page 1 CH&B Page 4 of 4 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the requests as proffered ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: City Manager. er. ' Planning Departmen 7 U W*t CH&B Page 3 of 4 for the community • To change the zoning of 27.6 acres of property currently zoned PD-H1 and identified in the current Land Use Plan as 7.3 acres of single-family dwellings, 16 acres of commercial and approximately 2 acres of land labeled as future right-of-way from South Plaza Trail to Princess Anne Road to Conditional B-2 Community Business District. In addition, two other adjacent parcels, both currently zoned R-7.5 Residential District and totaling approximately 7 acres, are also proposed to be rezoned to Conditional B-2 Community Business District The 27 acres of B-2 property will be located at the northern corner of the South Plaza Trail and Princess Anne Road intersection • To change the zoning of 39.7 acres of PD-H1 and identified on the current Land Use Plan as four (4) acres of office use, 12 acres of condominiums, 16 acres of retirement/independent living units and future right-of-way and stormwater management facilities to Conditional 0-2 Office District. The proposed 0-2 parcel will be located on the northwest corner of the property, adjacent to the South Independence and South Plaza Trail intersection. • There are four (4) existing lakes that are designed to serve as stormwater management facilities for the future development. Future facilities are also depicted on the plan for the commercial and office parcels. The final locations and the necessity of these ponds/lakes will ultimately be determined during final site plan review. • There is a 13.7 acre parcel currently zoned PD-H1 and identified in the current Land Use Plan as office that has been sold and is not under the ownership of the applicant (owned by Bon Secours) and, is therefore, not part of this rezoning request Staff and the Planning Commission agree that the proposed elimination of the existing PD-H1 zoning on these parcels is a reasonable and appropriate request, as this designation limits the flexibility necessary to develop the farm to its fullest potential, benefiting the developer and assisting the City of Virginia Beach to reach its goals and objectives as expressed in the Comprehensive Plan. This proposed rezoning significantly improves the development pattern of the property, as it is also more compatible with surrounding residential uses, and provides large tracts of land zoned for office use, which will assist the City of Virginia Beach in its economic development goals Adequate safeguards are in place, through the use of Conditional Zoning Agreements, to ensure high quality development Staff recommended approval There was no opposition to the requests CH&B Page 2 of 4 To shift all of the residential acreage to the south side of South Plaza Trail and to eliminate the retirement/independent living component To maintain the same number of residential units allowed under the current PD- H1 Land Use Plan, but to construct those units on fewer acres (from 120.8 acres to 94 19 acres with an increase in density from 5 87 units per acre to 7 66 units per acre) Note: the density for just the area that qualifies for density (excluding the open space and similar land) equates to 10 43 units per acre This is below density permitted by the underlying A-12 Apartment District zoning of 12 units per acre ■ Considerations: The Brenneman Farm Land Use Plan was originally approved by City Council as a PUD in June of 1971. This plan was comprised of 241 acres and consisted of mixed residential uses with a total of 1,024 units, 16 acres of commercial development, and a 23 acre office park. No details of the development were provided other than a general land use plan In 1982, the City Council rezoned all properties in the PUD zoning district in Virginia Beach to PD-H1 In 1992, 15 acres were rezoned from PD-H1 to R-10 Residential District and a Conditional Use Permit for the Catholic High School was granted. This acreage had been designated for townhouse development. Another 1992 amendment to the Land Use Plan was approved to replace the number of townhomes "lost" on the 15 acres removed from the plan. The City Council again reviewed and approved a plan that shifted the townhouse density from the east side of Princess Anne Road to the west side of Princess Anne Road and incorporated two (2) additional properties into the Land Use Plan This change again reduced the number of townhouses allowed on the property (from 285 to 240). Most recently in 1998, City Council approved another amendment that resulted in the current Land Use Plan described in the attached staff report The proposed changes are • To change the zoning of 81.57 acres of property (this 81.57 acre figure does not include lakes or open space) currently zoned PD-H1, located at the southeast side of South Plaza Trail and identified in the Land Use Plan as single-family dwellings, apartments and condominiums, to Conditional A-12 Apartment District with a PD-H2 Overlay for the development of: 1) 304 luxury multi -family apartments on 20 acres at the southeast corner of South Independence Boulevard and South Plaza Trail (Parcel D), 2) 125 2-story townhouses on 13 8 acres (Parcel A), 3) 165 3-story townhouses on 29 97 acres (Parcel B), and 4) 128 attached single-family dwellings on 17 8 acres (Parcel C) The total number of units on Parcels A, B and C will not exceed 418 • To change the zoning of 14 55 acres of property currently zoned PD-H1 to P-1 Preservation District This land will serve as the primary open space CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CH & B Associates, L.L.P. — Change of Zoning District Classification MEETING DATE: September 9, 2003 ■ Background: An Ordinance upon Application of CH & B Associates, L.L.P. for a Change of Zoning District Classification from PD-H 1 Planned Development Housing to Conditional A-12 Apartment District and Conditional P-1 Preservation District with PD-1-12 Overlays on the southeast corner of South Independence Boulevard and South Plaza Trail (GPIN 1476727504). The Comprehensive Plan recommends use of this site as a Planned Community, consisting of a range of residential, employment, commercial, institutional, cultural, educational, open space and public uses DISTRICT 2 — KEMPSVILLE An Ordinance upon Application of CH & B Associates, L L P for a Change of Zoning District Classification from PD-H 1 Planned Development Housing District and R-7 5 Residential District to Conditional B-2 Community Business District on the northwest corner of South Plaza Trail and Princess Anne Road (GPIN 1476612829) The Comprehensive Plan recommends use of this site as a Planned Community, consisting of a range of residential, employment, commercial, institutional, cultural, educational, open space and public uses. DISTRICT 2 — KEMPSVILLE An Ordinance upon Application of CH & B Associates, L L P. for a Change of Zoning District Classification from PD-H 1 Planned Development Housing to Conditional 0-2 Office District on the southwest corner of South Independence Boulevard and South Plaza Trail (GPIN 1476731616). The Comprehensive Plan recommends use of this site as a Planned Community, consisting of a range of residential, employment, commercial, institutional, cultural, educational, open space and public uses. DISTRICT 2 — KEMPSVILLE The purpose of the requests is as follows - To increase the acreage of commercial property (from 16 acres to 27 6 acres) and relocate it all to the north side of South Plaza Trail To increase the acreage of office property (from 23 acres to 39.7 acres) and relocate it all to the north side of South Plaza Trail •l: 2-1-00 - Conditional Use Permit (Church expansion) —Approved 2-24-98 - Conditional Use Permit (Cell Tower) — Approved 10-28-97 - Conditional Use Permit (Church expansion) —Approved Billy Garrington: Then you had CSI, the septic tank people but you're right. He's taken a huge number of smaller lots that he's comglomerated them together and what he's doing is bonus Eugene Crabtree: I don't know of anyone in this district or this area that would not terribly approve of this. Ronald Ripley: Gene, I take it that's a support. Eugene Crabtree: Yes sir. I sure do support it wholeheartedly. Ronald Ripley: Was that a motion? Eugene Crabtree: Yes sir. I'll make a motion that we approve that we approve this application as written with the conditions as stated. Ronald Ripley: Motion by Gene Crabtree. Seconded by Kathy Katsias. Does anybody else need to comment? Robert Miller: I need to abstain from this one. My firm is working on the project. Ronald Ripley: Does anybody else wish to say anything? Is there anybody here opposed to it or who wishes to speak for against it? Okay. Thank you. Billy Garrington: Thank you Mr. Chairman. Ronald Ripley: We have a motion and a second. A little bit out of order but we get to the same place. Let's call for the question. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE ABS 1 ABSENT 0 Ronald Ripley: By a vote of 10-0, with Mr. Miller abstaining, the motion carries. recently opened up right there on the edge of Interstate 264 as you're going west into the City of Norfolk. Ronald Ripley: Is that a picture of the body shop? Billy Garrington: No sir. The body shop is already there. This is a picture of the building that will take place of the existing Nissan store, you have the S&S property, which is behind it, which is zoned I-1. I-1 doesn't even allow motor vehicles sales and services to be on the property. So, we've got 14.6 acres of and out there of which less than one acre is still zoned I-1, which won't even allow the type of operation that we want to do. So, the rezoning is to allow this new facility to be built and the Conditional Use Permit is to take down the existing facility that is out there now and put this facility in place of it. And, as a part of the master plan that you see is what's going out there, you also see this after market building, which is here. This is where the Holloway Tree service was originally. This is a used car building. And, this over here is just another future franchise building because in the car dealership the car business franchises come and go at a moment's notice. Right now, that property is encumbered with the service department. The point there being is that if your in the sales department looking at a car and you need to go across the street and into the service department you have to go completely outside into the elements. That's a bad design and if any of you have been on this body for a while, this facility was originally built and it wasn't a car dealership. It was a camping store. Mr. Welch built it. It's not conducive to automobile sales and service. This is a state of the art facility designed by the Nissan people that will accommodate his needs probably for the next 10-15, maybe even 20-30 years. So, that's what you have is that major conglomeration of 20-30 foot wide lots that Mr. Hall has bought at a very high price. And trust me, there are other small parcels of land out there now that Mr. Hall presently doesn't own but I can promise you that he will pursue diligently and at some point in time he will probably own 99 percent of everything that is out there. It's an asset to the City of Virginia Beach, economically creating jobs. It's a benefit to everyone and it's taking an existing facility and it's just expanding it and making it nicer than what was already there before. There are several conditions in here and I got to thank Barbara Duke immensely for her working with us and conditions that the staff has put in their write up in regards to this application and we are in total agreement with all of the conditions that the staff have worked with and we would respectfully ask your approval of this request today. Ronald Ripley: Okay. Are there any comments or questions? Yes, Gene Crabtree. Eugene Crabtree: Well, this is in my district and I go by there everyday. I have lived in this district since it was Princess Anne County. There is no way in the world that this will not improve Bonney Road. It is a tremendous improvement to that neighborhood and this district. I personally commend you folks on what you're doing to that property. I dealt with the tree cutting service and Mr. Holloway for years. I hated to see him go but it's an improvement. Yes. Item # 17 & 18 Kenneth A. Hall Family, Ltd. Partnership Change of Zoning District Classification Conditional Use Permit 3757 Bonney Road District 3 Rose Hall August 13, 2003 REGULAR Robert Miller: The next items are Items #17 & 18, Ken Hall Family, Ltd. Billy Garrington: Good afternoon Mr. Chairman. Ronald Ripley: Mr. Garrington, how are you today? Billy Garrington: Ladies and gentlemen of the Planning Commission, for the record Billy Garrington here today on behalf of the applicant Mr. Kenneth Hall on Hall Family Member Partnership better known as Hall Auto World in Virginia Beach. I ask for your approval for this rezoning and this Conditional Use Permit for certain property located on Bonney Road. Mr. Chairman, there's two applications here and in the essence of saving time is it okay if we locked the two of them together. Ronald Ripley: Please do. Billy Garrington: That way I can leave this podium as briefly as I have to be and trust me I want to get out of here worse than you do. I would like to see if you have a site photo of the S&S warehouse that we're going to be tearing down. Don't have it? That's a shame. That's got to be by design. Because that is without a doubt one of the ugliest buildings in the City of Virginia Beach. And, if I could show you the building that we are to take down and how bad it looks and if any of you went out to the site visit you have seen it. And then show you this picture that we want to replace it with I don't even think I could mess this application up Mr. Chairman. I think I would be here less time then I'm going to be. But even though you don't have those pictures let me just tell you if you looked at what Mr. Hall is doing on Bonney Road corridor in the past 5-7 years, he has been massing large acres and quantities of property out there, consolidating those into bigger parcels of land and he has done an economic development out there that is so good for the City of Virginia Beach it is unbelievable. Most of the land was vacant. Some of it was used for businesses that were no longer even compatible for that area. You had that tree cutting service back there which was not very pretty. You had the septic tank company back there and you also have the S&S properties that we have bought, which is commonly referred to as, "looks like a junkyard." There are dismantled, inoperative junk vehicles all over the place. And in return for that property being taken down you will put this facility in place. This is exactly the second biggest crown jewel that you have on the property that Mr. Hall is developing. The first one would be that body shop that has just V a PM4 ii: CM Z ONE4 N Aft iSCLOSURE STATEDE &T Applicant's tame �� =�._._ Fis f_ - - ^ :SAS _ �.,� List All Current (� Property Owners: � • �. �� _� � _ _ _ __ 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 mem ers or partners in the organization below: (Attach list if necessary)� Ej Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. if the applicant is not the current owner of the propert)6 complete the property Owner Disclosure section below. PROPERTY OWNER DISCLOSURE It the property ownerA a CORPORATION, list all officers of the Corporation below: 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 CERTIFICATION I certify that the information contained herein is true and acqtirate. ignature Print Name Rezoning Application 1 n9p, 8 of 12 Planning Commission Agenda August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 23 ( •'�. i*� t [� E, 4-'11 Applicti Ltst All Cttrrt nt , ! l�fpl)t't'iYi7Etna`rti. — __ � .. - `� ��```' `-�`✓__ `•Y� �_ _,._ YRc>PFRI*V OWNER DISCLOSURE" 1f Jhe propent), owv,r is a CORPORATION, 13'1i ai] uftiect.01 the Coriior.ition tw1w.r_ r A�r. if the propctty o%ner is a PARTNEWS111P.FIRM. of other UNINCORPOKA1111 ORG L',1I l 1'10% t,.t .111 mcmbC14 or paa ifiCrS in the organization bclt,#w tAtt�xcrr Its: s� rr: < rss.r�'� t ❑ Check here if the .property yawner is NOT a corporation ;1M', of olt r: ti1111r1. ttx i.'4,7 organization If the applicant is not the currant owner of the property, ron[pfere the Applicant Disclosure section helon _ APPLICANT Disc nsURE If the applicant is a CORPORATION, fist rtt offnxn of Vic Corporanon below (atrttrJ: 1:st rt>a.•t rssi.rti: If the applicant is a PAR•i NERSAIP, FIRM, or other UNINCORPORATED ORGANIZATION list ali members or partnem in the orgatn:atten below (Attack list if aecessar} ) I❑ Check here if the aiphcant is NOT a corporation mrtstershtp, (imi, or other anincorpotatcd organiTatin•i t CERTU 1CA 1 I0N I certify that the information contained herein is true and acettrate. S—n aii.r - Planning Commission Agenda f: ; August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 22 r s :r a sJ. �� ` � •t a �1 .,tee+ „�. OK va { \M its \fo..AvME ,per. \ F•` 3Y8 a'- s . f 4 Aar i . ,!ME ix s ik 'itaY!- !. .. : .,�i' e C `J,' 8�i .r%i• 1%CF�'X� • Vow �SRtool t F i a ^ x ' IQ AM i :.K. <wIf<P Frw.• 4 �4 3y.i. ... A .....r. ..- ij` Q �, C fi e n u Vjog ASK F x ~•� �� 1 4 Y- Pea. :`,r"��i`w .. '+: •:� \fix l � � ...4.1 ar St s .7-77 .,'� fat � #• • + L"' �� ,� � � ° ,� �' � u• � { �M '< r� � ,. .arm '� • � � w �i.�ix �� R# jw- 'Al ` t. Spruce St,, i► .l:. $w w RM. . c Via: 4:Butternut L6AWAIM to . � - VNIEWA �n y, w :Chestnut eA a y .: tn _— '....,a it. •F... , . i i �' +•`faY �� . k i w.1 ti r k� ��:.. 1Y5E Planning Commission Agenda August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 18 if s fail n i w I .. C ILL �i 2 Planning Commission Agenda=� ;Z August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP 1 # 17 & 18;. Page 17 Planning Commission Agenda August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 16 r,•�,�tanln 8cya i I Ln W m 40 0 _ Planning Commission Agenda August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 15 lam.. 6. No outside storage of junk or salvage vehicles shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building 8. All auto repairs must take place inside the building. No outside storage of equipment, parts or materials shall be permitted. 9. All overhead doors located on the side of the aftermarket building facing 1-264 must remain closed except for moving vehicles into and out of the building for service. 7. Chain link fencing shall not be allowed. Any existing chain link fencing on the site shall be removed from the site as each phase is developed. Any new fencing installed around the perimeter of any parking lot shall meet Category VI screening requirements (a solid fence with Category I landscape plantings). 8. There shall be no pennants, streamers, banners, balloons, or searchlights displayed on the site at any time. 9. Vehicles shall not be parked so as to obstruct any entrance along Bonney Road, Chestnut Avenue, Butternut Lane and/or Spruce Street. 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 August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 14 Evaluation of Request The request for a rezoning from B-2 Community Business District to 1-1 Light Industrial District on 1.7 acres and the request for a Conditional Use Permit for auto sales/service on 14.6 acres is acceptable. The applicant has provided a master plan that will govern development on the site during the next three to five years. The existing buildings on the site will be demolished and replaced by new buildings in phases. All new buildings will follow a defined architectural style that will help to improve the quality of the overall business and will enhance the surrounding area. The improvements shown are consistent with the goal in the Comprehensive Plan of improving this area to achieve greater economic potential from the existing properties The request for a rezoning from B-2 Community Business District to 1-1 Light Industrial District on 1.7 acres and the request for a Conditional Use Permit for auto sales/service on 14.6 acres is recommended for approval with the following conditions. Conditions 1. This Conditional Use Permit supersedes the Conditional Use Permits previously approved for portions of this site on August 11, 1986, October 13, 1986 and December 10, 2002. The development of the site shall substantially conform with the site plan entitled "Hall Properties, Bonney Road, Virginia Beach" dated May 30, 2003 exhibited to City Council and on file in the Planning Department. 2. The 37,000 square foot building shall be developed in substantial conformance with the rendering entitled "Hall Nissan, Front Elevation - Bonney Road" and "Hall Nissan, Right Side Elevation — Butternut Lane" dated May 30, 2003 as exhibited to City Council and on file in the Planning Department. 3. A 50-foot reservation shall be required along the southern property line adjacent to 1-264 as necessary for improvements related to the Rosemont Road and 1-264 interchange. 4. All other buildings shown on the master plan shall be developed in substantial conformance with the architectural style, colors and materials used for the 37,000 square foot Hall Nissan dealership building referenced in Condition 2 above. 5. All internal lot lines within the 14.6-acre site governed by this Conditional Use Permit shall be vacated by plat prior to final site plan approval of the first phase of construction. Planning Commission Agenda August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 13 • All of the curb cuts shown on the proposed site plan exist and there are no changes proposed to the general vehicle circulation patterns on the site, except that one existing substandard entrance on Bonney Road in front of the Nissan building will be removed. • The three buildings facing Bonney Road have provided customer parking in the front, as well as display areas. Architectural Design • The applicant has submitted an elevation for the 37,000 square foot Hall Nissan sales building. The elevation shows a 24 foot tall structure. The front of the structure facing Bonney Road contains storefront display windows with silver fixed aluminum louvers flanked by white flat aluminum composite panels. The rear of the building would be concrete block painted light gray. Red accents and signage are also proposed. • No elevations have been submitted for the other three new buildings shown on the plan, but the applicant has indicated that the architecture will be compatible and in keeping with the style and colors of the main building. • The submitted elevation shows a building that is complementary to the new auto body shop (collision center) that is currently under construction. The same general color scheme and materials are used in both structures. Landscape and Open Space Design • The submitted site plan shows the required street frontage landscaping along all parking areas. The site plan also shows the required foundation landscaping for the new buildings and the landscaping required along the perimeter of the vehicle storage area • Some interior parking lot landscaping is shown on the submitted site plan. This landscaping will be reviewed and refined in accordance with the regulations for display areas during detailed site plan review Planning Commission Agenda August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 12 • The master plan shows the extension of a 50 foot right-of-way reservation along the boundary of 1-264, consistent with the reservation provided- on the collision center site. There is a parking area located within the right-of-way reservation, but the aftermarket building proposed on this portion of the site is set back 40 feet from the right-of-way reservation. Street frontage landscaping consistent with the landscaping provided on the collision center site is also shown within the reservation area • The proposed Nissan building, located between Butternut Street and Spruce Street is the largest of the four new buildings, measuring 37,000 square feet. The master plan shows the phasing of construction for the new buildings and parking/display/storage areas. The 37,000 square foot Nissan building and associated parking/display areas will be constructed as the first phase. The second phase will consist of a 15,000 square foot dealership building, parking/display areas and an enclosed body shop storage area. The third phase will consist of a new sales building for used cars, a new building for aftermarket adjustments and associated parking/display areas. Aftermarket adjustments include items such as window tinting, stereo installation, pin striping, etc. • The master plan shows that all vehicle parking/display/storage areas will be paved and landscaped and that the storage area on the east side of Chestnut Avenue will be enclosed with a 6 foot high solid privacy fence and landscaping. • There is an existing 180 foot tall monopole communication tower located on the east side of Butternut Lane, between the auto body shop that is currently under construction and the new 37,000 square foot sales building. This tower and the associated equipment buildings are shown to remain within a landscaped green space. Vehicular and Pedestrian Access • There are several public streets that bisect the site and that are used for access to different portions of the site. Chestnut Avenue, which borders the site on the west, provides access to the subject site as well as properties on the west side of Chestnut Avenue. Butternut Lane provides access to the subject site as well as the contractor's yard on the west side near 1-264. Spruce Street provides access solely to the subject site. Pine Street provides access to the subject site, as well as the auto paint shop at the northwest corner and the Virginia Beach Schools Credit Union on the east side. Planning Commission Agenda August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 11 Use Permits will govern the auto sales/service operations and the other Conditional Use Permit governs the existing communication tower • As noted above in the Zoning History portion of this report, the existing auto sales and service business has been operating on this site since 1986. During subsequent years, numerous buildings, sales display areas and vehicle storage areas have been added at different times. The applicant is now in a position to combine the majority of the property, 14.6 acres, under one master plan that will govern the development of the property for the next three to five years The only portion of the business that is not part of this master plan is the auto body shop (collision center) currently under construction adjacent to 1-264. The applicant has not requested any changes to that Conditional Use Permit which was recently granted by City Council on June 5, 2001. • In the area of the collision center, now under construction, the southern portion of the Spruce Street right-of-way as well as a portion of Second Street was approved for closure by the City Council on June 5, 2001. The applicant has met all the conditions and has purchased this right-of-way. • In the area of the future aftermarket building, the southern portion of Pine Street right-of-way as well as another portion of Second Street was approved for closure by City Council on January 28, 2002. The applicant has not yet submitted a plat for this closure. The applicant has until January 28, 2004 to comply with the conditions and purchase this right-of-way. • It should be noted that a condition of the street closures approved by City Council on June 5, 2001 and January 28, 2003 was to record an agreement for repurchase of the property encompassed by the rights -of -way if needed by the City in the future for improvements to the Rosemont Road/1-264 interchange. The master plan conforms to this agreement, as it does not show any new buildings located within these areas. Site Design • The master plan submitted shows four new structures proposed. There are existing structures located in the same area as the three new structures facing Bonney Road. These existing structures will be demolished. • The master plan shows the auto body shop (collision center) and vehicle storage and parking areas that are currently under construction in the rear of the site for reference purposes only Planning Commission Agenda August 13, 2003 KENNETH A. HALL FAMILY, LTD PARTNERSHIP / # 17 & 18 Page 10 e A a Q t * Ptinoess Anne Road "- Theae=mloro�.rr+er�s sap,be &.k �ythe cre„etoperorme 82 end o: rtr�pe+7y Bmnemsn Tret1 CommefVat Axes RwdenbaiAccaas +� • �• r a Atom -. OMOSA=M L � sorm, Irede�end�snce - TrBOWevard LaI nd 54 =12g & . 39W (if ►PP- n � � 12010 Recommended Improvements Figure�. inc Brenneman Farm Virginia Beach, Virginia Planning Commission Agenda August 13, 2003 Page 34 e. 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L.L.P. pR0pIF -rx 0WM MSCi.0=E If the property owr r Is a CORRATWN. list art offftccrs of the Corporat,on below, (Atmaeb MW (j`ereeestarry) If the ply owner Fs a PARTNX&qW Fn*j, air odw f1NWCORPORATBD ORGAMA1I0N. list all mernbrrs or p"UMS iet the atXMM6ioa bdow: (A,uach test 000"MY) The Fleder Fmily Trust 1976 ❑ (deck here it tbo p vpctty oww is N4 r A cwPQmdm Pwuw*'P• flan, o[ +OtltCr po org�izstigtt t ! mptsts die AppUawt trrs+ehiowo SACAoa b9i0w; tf � upptleaoicet it stet tha eumnt oa►�r ofw � e APPUCANTT DISCLOSURE if the applicant If, s CORPORA110N. list art offxMt of the C+orpamt► on below: {,attach UA I"neceswrY) U the app,tcant Is a PARTNERS IMP. FiI K or other UNINCOAMRATED ORGANtZAMON, list till members or partnor's to the orptWKion below: (Atmeh Ulf ifaccessary) i E Check hem it the applicant is NOT a ratporatcoct, pactnersltcp. firm or other umncdorpomted organization. C> tt�rl ICATlON I curt; f,� that the (nfa wedon tontattred herein is trge arid'accurate. t:ti6�b AssaclAces. L.2..F• F•LA arsae Flacsez. Agent Tor Trustee of Ttae Fledcr E g ,ly Trust. 1976 $v' -. 1 �t. Gssptarz. Abe .or Tri:atac e: ttse Cipian F y sua# 19; 6 Rer 4t'Is>'ti+K Planning Commission Agenda August 13, 2003 CH&B/#617981&9 Page 57 Item 96, 7, 8 & 9 CH&B Associates, LLP Change of Zoning District Classification from PD-H1 Planned Development Housing to A-12 Apartment District with a PD-142 Overland Southeast corner of S. Independence Boulevard and S. Plaza Trail Change of Zoning District Classification from PD-H 1 and R7.5 Residential to Conditional B-2 Community Business District Northwest corner of S. Plaza Trail and Princess Anne Road Change of Zoning District Classification from PD-H1 Planned Development Housing to Conditional 0-2 Office District Southwest corner of S. Independence Boulevard and S. Plaza Trail Change of Zoning District Classification from PD-H1 Planned Development Housing to Conditional P-1 Preservation District East side of S. Plaza Trail District 2 Kempsville August 13, 2003 REGULAR Robert Miller: The next items are Items #6, 7, 8 & 9, CH&B Associates, LLP. Ronald Ripley: Mr. Nutter, we don't have any opposition at this point or if anyone comes forward with opposition. We still want you to be mindful of the 10 minutes. We've got a huge agenda. R.J. Nutter: I understand. Ronald Ripley: Get as far as you can and let us know what you need. Okay? R.J. Nutter: I sure will. Quite frankly, I want to begin by thanking, first for the record, my name is R.J. Nutter. I'm an attorney. I represent the applicant CH&B Associates. First, really let me thank Carolyn Smith, Bob and Stephen. We have worked on this application for close to a year. It is a very complicated application. So, we can go into an enormous detail on this application if we wanted to and I'm happy too. But, I will try to keep it on an overall scale and like Carolyn did in her write up, even though it is 50 something pages long. She begins by an overview of what's really occurring in this application. What makes this so complicated, frankly, is the fact that much of the zoning, in fact, all of the zoning that we're seeking today is already on the property. Every single land use that we're proposing for this property in this change is already approved for this property. The locations are changing. And, we've gone to great lengths where they're located and why And, the other complicated factor of this is that this was all zoned originally back in the 70's as PD-H 1. We no longer accept applications for PD-H 1. These changes, frankly, gave us then the opportunity to really transfer what was previously PD-H1 property into an overall zoning plan for the property by using your existing zoning categories. And, that's why you have a lot of criteria that is built into this process. In fact, one of the things that I liked about this application is that it is really taking a 1970's plan with the same densities and I'll address that in a second, the same densities that were approved largely as late as 1998 and really modifying the plan to a major improvement and nailing down the degrees of development that occurred here. Let me begin by telling you as I have, overall what's occurring. But let me give you a small bit of history only because many of you asked two questions this morning. Many of you are newer to the Planning Commission and weren't part of the process back in the 1980's and 1998 when these recent changes were made. And, that has to do with why are we increasing the commercial number one and number two, why are we increasing the office? And, I will get to the rest eventually. First let me tell you why the answer to both of those questions that rose this morning. The commercial area that you see that is proposed here today and I'll try not to get away from my time today is this area entirely in here. That is about 27.6 acres of commercial. Our current plan just about at the same location has 16 acres of commercial. This roadway is the same boundary that we see in the new plan. This area was always planned, always proposed to be commercial. In 1998, when we amended the plan at that time, we agreed frankly with Mr. Scott that we would not and the City, that we would not rezone these pieces. We would come back and rezone these pieces later when we were ready to develop the commercial property. And, that way the City would have additional control over the type of development that occurred on that property because we would have to have a rezoning. And, we agreed to the most unusual proffer that applies to any commercial parcel in the City and that is where we would actually come back and what is normally an administrative process for a site plan approval and we would inject a public hearing before the City Council on the site plan approval because we didn't have a user. Well, nothing has changed since that time. We have no user today. However, in reviewing the plan for submission on this one, Mr. Scott felt like that its really made no sense to keep these pieces zoned residential. If you're coming in to do this plan, don't give me a plan that shows encumbered commercial next to 7.3-acres between the road and 7.3-acres of residential. It made no sense. So, in essence we were cleaning up that portion of the plan from 1998. But, I would tell you that area has always been designated or foreseen by the City as commercial area and it has in the new proffer that runs with this whole area, now gives the exact same condition. Namely that, we would come back to City Council and the public hearing process for site plan approval when none is exactly required in the City. And, we have no user today so this area, we have no intention of developing in this area at this time. The next question, and I got a lot of information from this morning's discussion. Well, we've had office development previously on this site. We're increasing that office development and why are we doing that? And quite frankly, over the course of the last three or four years, we've been working closer with the City on several occasions now. Two in particular, where the City's Economic Development Department has come forward and asked if they could market this site for companies wishing to come into the area because it was close the Pembroke area and it was large enough and they thought accessible enough, and I agree, and really beautiful enough to be attractive to someone who might be willing to put in an office park setting. Frankly, the City did not have many properties that could move forward in that light. All that came about out of a result of a series of meetings with senior staff of the City and we were asked to look at adding additional office space to the site. And, that's why you see more office space on the site than what existed previously. The other component of that is we already had portions of the site zoned office. This, as you know, is already zoned office for the Bon Secours facility. There was additional office. There we go. That is the old plan. There was additional office next to that piece and then we had a six -acre office piece on the other side of the road. So, we decided to move all the office and commercial on to this side of South Plaza Trail and at the same time come up with conditions that would benefit the residential area, the area right around that is zoned residential. These have been in place since 1991, that we would have a 25-foot perimeter barrier along that entire area. The other thing that we agreed to do is we would limit the height of structures so that no structure within 100 feet of these property lines could be in excess of 35 feet. And, then we put in the building materials based upon the building materials that were proffered with the Bon Secours application that was all approved in 1998. So, that's how we handled that side of the road. So, what you have now is a site. We put everything on the same side of the road, continued the proffers approved by Council in 1998 in the commercial piece and we put the same and improved the proffers on the office piece and are offering it. We have no market. Because you know how the office market right now. There is a lot of extra office space on the market so some may say that zoning is putting an end to office is contrary to be grained on account of the market place. We understand that and we intend to bank this property and look for users that we think make the best sense in the future. I'll tell you they provide an opportunity for the City to market this thing. The other side and what we did is as a result of moving things from that side of the road, there was also residential. There were two different types of residential products on that side of the road. We had condominiums and we had retirement housing. And, we moved all the residential on to this side because quite frankly, we have residential on three sides of the property on this side. And, so the result is that we started looking for developers because we did not want to come forth on the application on residential until we could nail down for you the quality and the appearance of those structures. And, that is what led to months of meetings with architects, staff and the preparation of this booklet, which is fully proffered. And, let me just go over some of the highlights of this and then I'll break it down into individual components if you like. Because in going through some of the questions this morning, let me tell you how many units that are approved on the site today by right versus how many were doing today and tell you about open space and will try to build up one of the properties. Ronald Ripley: Mr. Nutter, you're running out of time. R.J. Nutter: I see that. Ronald Ripley: How much time do you think you will need? R.J. Nutter: I will say no more than five minutes. Ronald Ripley: Because I'm sure there will be a lot of questions. R.J. Nutter: I'm certainly more than happy to answer them. Ronald Ripley: I'm sure you have an opportunity to talk a lot. R.J. Nutter: And, I'm happy just to stop when you want me to. But, let me tell some significant numbers for you. There are currently approved 720 units by right on the property today. We're actually putting in 722. The only reason for the two increase is because of the layout of the number of units in the apartment buildings is the way they came out. But it's hand in hand of the same exact number of units, in essence, that was approved, and have been on the property for some time. We were required to put in different types of units. We were required to put in open space and nail down the quality. And those things are important. What we did was orient the different types of units. We looked at quite frankly, and where staff was heading with the new Comprehensive Plan. We looked with what we were trying to accomplish on the property and we looked at market types. And, what we found is that with these number of units we come up with a high quality of product that would range from about $180,000-250,000 dollars in purchase price, which is one thing that staff was asking us to try to do. We want to raise the bar. And our standard here was to be out or above the standards set by the Commission and Council and mass volume, which were being developed by the same residential development. So, that was the bar we set. Now what's really nice in the write up is not quite as detailed on this, it is the percentage of open space. As she correctly points out we're required to have 15 percent open space and what I would like to show you a little bit is how much open space we actually have. I would tell you that if you eliminate the lakes, which are not required to be counted at all, you would come down and we would be at over 24 percent open space on this site. Almost 10 percent more than required. If you add in the lakes because they're beautiful, these are two five -acre lakes and there are two two -acre lakes on the property. That acreage, which is just as beautiful quite frankly in an area to live along and be near and have the pleasure of living near it is equally important. If you would to add those figures you would be 39 percent open space on this piece of property, on just the south side. Ironically, they forgot to count the perimeter buffing around the apartment complex which is in some cases is up to 100 feet wide. So, that doesn't include that portion but that will give you some idea of what they try to accomplish here and that is keeping the density the same, coming up with a high quality product in a clustered, organized fashion with limited to no access. These have no access on the adjacent right-of-ways. These are all through internal roadways and private roads. The other and what, if you don't mind Mr. Ripley, given the time, every single detail of the units, the construction, what they will be like is stated in this booklet, which is fully proffered. Two things and I'll close. First, I'd like to tell you that another important component of this was that we obtained a unified landscaping, signage treatment along South Plaza Trail. And, we started by looking at the complexes constructed just two years ago here right at the corner of Princess Anne and South Plaza. We do not own that parcel and have never owned that parcel. We agreed to continue that landscaping feature all the way down around the corner on S. Independence. Even though there will be multiple buyers, multiple owners and two different developers. We have S&L Nusbaum and the Fleder and Caplan Family are actually doing the rest of the multi -family and L.M. Sandler Company doing the residential. So, even though every single detail, the signage, landscape are shown in multiple directions for you, above view, straight view and some in cases a back view, is set out in this very comprehensive and very nicely nailed down manual, which is fully proffered. So, I think that will address the quality issues for you. The interesting part is about South Plaza and finally I'll tell you that we will be doing the improvements to South Plaza Trail and the intersections of South Plaza and South Independence and South Plaza and Princess Anne Road. Those improvements together with the improvements to the sewer and water and the pump station we're constructing, our participation in those which is 100 percent of the cost by the way, at just about five million dollars. And, those improvements would otherwise not be built if we did nothing. One of the nice parts about this is that we did a full traffic report, those improvements are helping to eliminate a traffic level of service problem that is going to be occurring in about 3-5 years if traffic background information is correct in the study at Princess Anne and South Plaza. We were told in that study that if we did nothing on the property, just went home and never applied and the plan stayed the way as it is, they would be approaching a failing level of service at that intersection in the next few years. By the clients putting in the improvements to those intersection would eliminate that so at no time would you go above a level of service "D'' at those intersections. That's fully proffered in this application. As we develop different portions of the site we're required to put in additional right-of-way improvements to make sure that we never go below this. We have gone through a great detail with Public Works. So, I try to give you an overview. I apologize for the length Mr. Ripley and I appreciate your willingness to let me go beyond my 10-minute limit. And, I'm happy to answer any questions that you might have on this. Ronald Ripley: Any questions? R.J. Nutter: Yes, Ms. Katsias. Kathy Katsias: I see that there are only two entrances going in and out of the site and it is separated by the open space. R.J. Nutter: Yes ma'am. Kathy Katsias: Was that okay with traffic? R.J. Nutter: Yes ma'am. In asked in fact. They didn't want anymore. In fact, they wanted to make sure that none our neighborhoods had any direct access out so they were fine with that. In fact, we also meet with the Timberlake Homeowners Associations and there was a letter in the package from them for support. We had spoken with the secretary of the Board of the new development, which you received one letter from and I think if she were here, she could see that the commercial has always been planned. Quite frankly, that was one of her biggest comments and it has always been planned at that location And, the other is Brenneman Trail, which is the access into her subdivision as well as to ours, was actually built by our clients. And, many of you may not remember this but this is an amazing story. Eddie Bourdon was involved in an application for the owner of that property to rezone it to its current zoning status by the way. He was successful in that rezoning And, was shooting through here and was on the consent agenda. It was a great application. And, we had to call Eddie and ask him to defer it because we wanted him to move his access this way. And, the applicant in this case had worked so long and hard with the City of Virginia Beach on where his access way would be that he lined up the lights in the future so he wouldn't have future traffic problems. And, the access way, being proposed by Eddie's client at that time, was to not coincide with the location of that light. And, that would mean that people coming in and out would have to go down and do u-turns at the light so our clients went to Eddie's clients, who were a little upset about it at the time and our clients agreed to give them property on their property so that they could relocate their access way to Brenneman Trail. They agreed to take the funds that they were going to build for their access and apply it to it and we would pay the difference. So, it worked out to where now there was a combined entrance for both intersections that would reduce the number of curb cuts on South Plaza. Both would come out at a lighted intersection. We would not have to bond in the future to put a new light in. So, it worked out in a much better plan and so that's just one example of planning that's gone into the property over the course of the last three or four years. Otherwise, you knew nothing about it until I told you about that. And, I'm sorry that the writer of that letter was not present and told him that and will contact her as soon as we can to let her know those facts. Ronald Ripley: Open space? Now you got passive open space it looks like and I assume, will it be active at times to or do have active areas or is it all passive? R.J. Nutter: We have some active areas as well we'll have some of the trail systems through the larger 11-acre piece. We're looking at the possibility of adding some tennis courts in this area, in fact the interesting part about that is that we agreed that any facilities like that, which were all out in P-1 district, we would locate back 100 feet from South Plaza Trail and we would put tennis courts to be put in right here closest to this new road that has as yet no name. The tennis courts would be set back 25 feet from the internal roadways. Ronald Ripley: How much acreage do you have of that type of open space, both passive and active? R.J. Nutter: Passive and active we have 19.75-acreage. Ronald Ripley: How about in the lakes? How much acreage is in the lakes? R.J. Nutter: In the lakes we have almost 14 acres, 13.75 acres in the lakes. Ronald Ripley: My question really has to deal with the lakes. Have the engineers sized the lakes so they know that the lakes are going to be that size or are those lakes going to eat in to that passive open space? R.J. Nutter: I'll be happy to answer that. These three lakes you see today are existing and fully designed and in place. Ronald Ripley: Okay. R.J. Nutter: No one will be touching them. The only remaining lake and the nice part about it is and Carolyn pointed it out during your review this morning those lakes are tied by a master storm water system in the lakes on the other side of the road. So, all these systems work in unison with one another. The other lake that is not shown on this plan is a two -acre lake in this area, which is in excess. We still have, independent of that lake, we have 5.3-acres of open space in the apartment complex. The lake is two -acres. That is not yet fully designed. Ronald Ripley: But your lakes were designed for the other land use plan so now you have a new land use plan. My question is are these lakes sized now correctly or are we going to be looking at a situation where we come back and all the open space, which is meaningful open space, is gone? R.J. Nutter: No. They are fully sized. Mr. Sauro is that correct? Ronald Ripley: They're completely engineered and you got all the drainage calculations and you're satisfied? Ronald Ripley: Is that a yes? Tom Sauro: Yes. Ronald Ripley: So the engineer says yes. I want it on the record. Okay? R.J. Nutter: That's okay. And, we've done the same thing with every component of the project from the roads to the lakes to open space. Ronald Ripley: Okay. R.J. Nutter: And, I understand the question and that's why I wanted to make sure and I didn't understand it at first but now I do. Ronald Ripley: We see a lot of plats that show a lake and that is not what it ends up being. R.J. Nutter: I see. The one lake that I would tell you is not necessary but were putting it in anyway is the one inside the apartment complex. That's purely an amenity. Ronald Ripley: I understand. R.J. Nutter: It's still sufficient in capacity for the existing lakes to handle for this rezoning. Ronald Ripley: Looking over your materials on the residential, post materials, railing materials are they all vinyl clad9 R J. Nutter: Yes sir We went through extraordinary steps with staff on those issues. These are vinyl clad around the columns in the residential areas. They're all vinyl clad in the apartment complex. In fact, let me tell you one detail and you'll appreciate this Mr. Ripley. We went a great length with Carolyn on and that has to do with the multi -family. The pages are not readily numbered but if you look at section three of your book, which goes into the apartment complex and you look at that first elevation. People who developed these apartments, S.L. Nusbaum recently built the apartment complex known as South Beach down on 19th Street, which has won all sorts of awards from the City. This is very similar to that. What we did is we took staff down to that building, walked through the units, the open areas, clubhouse, between the buildings to see what changes we would want to make for that. You have to improve on something every time. So, what we found is they liked the style but in that case they wanted all architectural single roof on this facility where that facility did not have that. It was an extraordinary difference in price. And they agreed to do that. Then all the eaves are wrapped and here's where the details are very unusual. They have these decks areas are wooden. The railings are wrapped either aluminum or vinyl clad and because they might be visible underneath they agreed to put a wide board along here to help hide that, even though none of the buildings and if you look at the plan you'll find none of those buildings are even going to be visible from that adjacent right-of-way. But, we worked at great length and we even looked at a possibility of making those vinyl clad. The problem we ran into was the drainage quite frankly. And whether or not that material would rot over time if you did that because there would be seepage of water through. Ronald Ripley: You'll just let it run out the back? R.J. Nutter: Yes sir. Sir, what we did is we came up with that feature across all those so that in fact we can address that issue. Ronald Ripley: Adding the shingles doesn't add that much. It's not really that much but it is really well help the appearance for sure. It's not that expensive. R.J. Nutter: It's about $50 thousand dollars more for the buildings. Ronald Ripley: A question about the office area. Back to the railings, does that apply also to the townhouses? R.J. Nutter: Yes sir it does. Ronald Ripley: Through out? Okay. What I would like to avoid is seeing any kind of exposed salt treated wood, railings that intend to deteriorate, warped, etc. R.J. Nutter: We thought the same thing. Another nice part about this is because this will be condominium ownership there will be a common maintenance plan for all of these, which we felt was very important. That would also apply to streets. All these will be privately owned. We have the exact same view. Ronald Ripley: Okay On the office area, they're saying that you don't believe there's a market for it right now? We're looking at 40 acres and they could be 300,000-600,000 square feet of office space. On that much land, what's the thinking? R.J. Nutter: What's the thinking? Sure. Ronald Ripley: That's a lot of space. R.J. Nutter: That is a lot of space. We actually had designed and this would accommodate under your current ordinances 350,000 square feet of office space. Ronald Ripley: Okay. R.J. Nutter: But this was designed for non -structured. More of a campus style office design. So the thinking here was frankly and the City has been contacted in the last few years by two companies, one local and one from out of the area. Both of which wanted 350,000 square feet of office space. While there is an office market it is generally more site specific and a lot will depend on what whether or not Bon Secours proceeds with its development of the property next door. Sir, our thinking on this is that we would try to bank this land. As you know, they have owned this property since the 1960s. It's been zoned since the 1970s, and for all practical purposes, undeveloped. So, they're not ones who are known to rushing to judgment or rushing to get into the ground. Quite the contrary, in this case they view that as a long term benefit to the area. And, I know they worked with the City for the last three years and will continue to work with them on additional properties as they come forward. We're also waiting to see what Bon Secours does on the piece next door. Ronald Ripley: It just seems like a lot of office land to me. And, the last question has to deal with and I realize this is not a land use issue but it kind of solidifies the quality that seems to be proposed here and it does appear to be a quality project. Would you go over with us what the projected prices are going to be on various types of product that's going to be built in this community starting with the two-story town houses? R.J. Nutter: I'll be happy to. Can I ask Catherine Holder to come up for a second? Ronald Ripley: By all means. R.J. Nutter: Catherine wasn't here when I arrived so I'm glad to know that she's back. Catherine is with L.M. Sandler Companies and Catherine is the one who worked most heavily with Carolyn and Carolyn's staff on the architecture and pricing. Catherine Holder: Catherine Holder with L.M. Sandler & Sons. We're looking at prices starting with the two-story $165,000-175,000 with the three story town $175,000- 185,000. And then with the carriage home it's $185,000 probably to $200,000. Ronald Ripley: $200,000. Catherine Holder: Yes sir. Ronald Ripley: Okay. R.J. Nutter: That's the base without the options Ronald Ripley: Okay. How about rents? What are the rent structures approximately? R.J. Nutter: That will run anywhere from $800-$1100 a month. Ronald Ripley: Okay R.J. Nutter: All the multi family, each building has two elevators, so none of these are walk up units. We felt that was very important. This is an older market than the beachfront where you didn't have to put in elevators. These, however, in Kempsville, we anticipate a more mature market and this will facilitate that market. Ronald Ripley: Any other questions? Robert Miller: The only other speaker is Tom Sauro, who signed up. Ronald Ripley: That's it Mr. Nutter. Thank you very much R.J. Nutter: Thank you very much. Ronald Ripley: Good presentation. Okay. We'll open it up for discussion. Eugene Crabtree: He answered all my questions. Ronald Ripley: Mr. Crabtree, okay. Anybody else? Yes, Jan. Janice Anderson: I'm going to be supporting this plan. I think it's a rather large project. What I'm happy to see is that it has been thought out and thought has been taken and like you stated, not from staff that this has been worked on for over a year. And, I think we've come up with the best solution for this. And, there are so many particular things on the project but the main thing was moving the commercial across the street. I think that's a good idea taking it away from the residential. So, I think it's going to turn out to be a lot more open space. Ronald Ripley: Does anybody else wish to comment? Mr. Miller? Robert Miller: I'd like to make a motion to approve Items #6, 7, 8, & 9. Kathy Katsias: I'll second it. Ronald Ripley: We got a motion to approve by Bob Miller and a second by Kathy Katsias. Is there any other discussion? We'll call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Ripley: By a vote of 11-0, the motion carries. A Timberlake Community Association 933 Winder Oaks Boulpvard Virginia Beach, Virginia 23462 Telephone (757) 467-9011 July 31, 2003 Mr Robert Scott Director of Planning Municipal Center - Building 2 2405 Courthouse Drive Virginia Beach, VA. 23456 Re: Brenneman Farm Development Plan Dear Mr. Scott: On July 22, 2003, our Board of Directors met with representatives of the L.M. Sandler & Sons Corporation. The purpose ofthis meeting was to hear thcir presentation ofthe plans for development ofBrenneman Farm, adjacent to Timberlake Community Association. We all liked what we heard. The proposed development should be a first class addition to our area which would be a welcome neighbor to our community. Mr. James Caplan has always paid immediate attention to any concerns that we have had over the years and his involvement in this venture gives us the confidence that our interests will be protected during and after this project is completed. Our only request to you is that you support our desire to leave Lumberjack Drive closed between our homes and the new homes to be developed on Brenneman Farm. We also wish the developer to save as many of the existing trees as possible. Timberlake Community Association made this same request several years ago when the previous plans were presented. Please accept this letter as our official notice of support for this proposed development. Should you have any questions or require additional information from us please contact me at 467-9011 Very truly yours, Philip 4J.MasyAMMS, PCAM cc: Catherine Holder C •J C4-A'G Teresa Nantz 4592 Carriage Drive Virginia Beach, VA 23462 Current Planning Division Municipal Center Building 2, Room 115 2405 Courthouse Drive Virginia Beach, VA 23456-9040 To The Members of the Planning Commission; rECIP11m)�1T) AUG 0 8 2003 flu DEPARRAEN1 of PLANNING I am writing in regards to a letter received informing us of an application for zoning changes on 4 lots located on South Plaza Trial and Princess Anne Road; and South Plaza and Independence Blvd Based on information obtained from neighbors, I understand plans include, a shopping center (strip mall) at South Plaza and Princess Anne (beside Catholic High School), an apartment complex and Condos development at South Plaza and Independence; and a Condo / Carnage House development at South Plaza and Brennanman Road. My concerns are, one that a shopping center on Princess Anne and South Plaza would disrupt traffic much like the area around the shopping center at Princess Anne and South Lynnhaven Road, in which there is only one exit out (on to S Lynnhaven) Anyone, who has ever tried to get out of either shopping center, especially at 5 p m , would understand why I avoid shopping there at all costs Since the entrance into/out of the proposed shopping center would then have to be on south Plaza, this would then add to the congestion at the intersection of South Plaza Trail and Princess Anne Road. The addition of a shopping center also concerns me in regards to the ability to maintain tenants, as there are already so many strip malls areas with space available. The thought of vacant office and shopping spaces so close to a school and residences with the potential for crime and vagrants is certainly not very appealing. In regards to the plans for apartments, Condos and Carnage houses, it must be noted that South Plaza is only two lanes and the only entrance and exit to an existing condo development is at Brennanman Road, in which there is only a stop sign If each of these developments have 80 units with two adults each and two cars each that would be an addition 640 cars trying to enter and exit these already busy intersections Please bear in mind that the apartment complex would certainly have more then 80 units. It is my personal belief and concern that the traffic problems in the Kempsville/ Princess Anne and Independence/ Lynnhaven regions are already enormous without adding more traffic. Plus with the addition of all these new developments plans must provide for addition school space. T would hate to see all the open areas in Virginia Beach developed leaving no parks, farms, etc to enjoy I certainly hope that the commission would keep all this in mind when deciding about zoning changes to the Kempsville district, and not just focus in on the potential increase in tax revenue these developments would bring I think Virginia Beach needs to start looking at cleaning up and renewing older developments and stop all the over development of open space In conclusion, I would like to state that I am opposed to the proposed zoning changes to the Kempsville District, as I understand them to be at this time Thank you for allowing my input and to the commission, in what I hope is their thorough and thoughtful consideration in this matter I am sure that the Commission will make the decision which will serve the Kempsville District best, now and in the future Respectfully submitted by, Teresa A Nantz To:, Carol3m A. K. Smith Land Use Plainer, City of Vijrgti is Beach From: Jos Lamb 431.7 Smokjey Fake Drive Virginia Beach, VA. 2362 757 495-3401 Attention Ms. Smith: In response to the registered letter I received two. creeks ago or ire, I submit the fol'iowing for consideration: ■ In reference to the 25' landscape banter ar+ommd the g p d office development, I wish -to- know whu- wih -maintain the- mature -trees and overgrown brush that now exists? ■ , Is there a plan to install.& privacy fence inside the 25' landscape barrier for the benefit of the residents who. own homes aleng_ Smokey Lake Drive? ■ I have an interest in requesting an easement for a portion, of the 25' landscape barrier ( approximately 15 yards beyond my current property line. That- course of action,do I follow? M In the development map for the proposed office development, I noted that an existing lake , which is currently enclosed and possibly may be used for run off collection, was not reflected on the site development plan. Will this be filled in or remain as it is? I would appreciate some type of answer as soon as practicable sir rely, James B . Lamb f FORM NO P 5 18 C� 4 - O env. OF OUR HxT%O*S City Of Virgirzia Seach In Reply Refer To Our File No. DF-5632 TO: FROM: Leslie L. Lilley B. Kay Wilson 3 INTER -OFFICE CORRESPONDENCE DATE: August 27, 2003 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application CH&B Associates, L.L.P. (PD-H 1 and R-7.5 to B-2) The above -referenced conditional zoning application is scheduled to be heard by the City Council on September 9, 2003. I have reviewed the subject proffer agreement, dated July 24, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure AGREEMENT THIS AGREEMENT, made this 24th day of July, 2003 by and between CH&B ASSOCIATES, L.L.P. a Virginia limited liability partnership, (hereinafter referred to as "Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification from PD-H1 (Commercial), PD-H1 (Single Family) and R-7.5 to B-2 Conditional on certain property owned by Grantor which contains a total of 27.6 acres, more or less, located in the Kempsville Election District of the City of Virginia Beach, Virginia, which property is more particularly described in the attached Exhibit A (hereinafter the "Property'); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 and are needed to cope with 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 part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the GPIN: 1476-61-2829 This Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WIEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of 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 these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property shall not be developed until an application has been submitted for approval and acted upon by City Council in a timely manner with respect to a conceptual site plan addressing the design elements relating to the site, buildings, parking areas, landscaping and 2 pedestrian and vehicular access. Nothing contained herein shall restrict the appeal rights of interested parties. 2. The Grantors have prepared and submitted a Traffic Impact Study ("TIS") of August 2002 and further amended by an addendum of July 24, 2003, analyzing the impact of this and the accompanying applications for the Brenneman Farm. The TIS prepared by Kimley-Horn and Associates, is on file in the Planning and Public Works Department of the City of Virginia Beach. Prior to the issuance of any occupancy permits for any uses on the Property zoned B-2, Grantor shall have completed or bonded the improvements to the intersection of South Plaza Trail and Princess Anne Road recommended in the TIS. 3. Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and 3 accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank] 4 [Signature Page of Lawrence Fleder, Agent for Trustee of the Fleder Family Trust 1976] CH&B Associates, L.L P By (SEAL) Lawrence Fleder, Agent for Trustee of The Fleder Family Trust 1976 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit - The foregoing instrument was acknowledged before me this day of July, 2003, by Lawrence Fleder Agent for Trustee of The Fleder Family Trust 1976, on behalf of CH&B Associates, L L P He is personally known to me My Commission Expires. / l G 5 114 ),744;�;" Kfl �� ) Notary Public [Signature Page of James M. Caplan, Agent for Trustee of the Caplan Family Trust 1976] CH&B Associates, L.L.P. J es M. Caplan, Age r Trustee of The Caplan Family Trust 1976 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: 4h The foregoing instrument was acknowledged before me this .� $ day of July, 2003, by James M. Caplan, Agent for Trustee of The Caplan Family Trust 1976, on behalf of CH&B Associates, L.L.P. He is personally known to me. My Commission Expires: 14131103 1619605 0 EXHIBIT A ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, approximately 27.62 acres, and identified as Parcel 1 as shown on that certain "RESUBDIVISION PLAT OF PORTION OF PROPERTY OF CH&B ASSOCIATES KNOWN AS BRENNEMAN FARM, PHASE 1, VIRGINIA BEACH, VIRGINIA", dated July 28, 1999 and prepared by Rouse-Sirine Associates, Ltd., which plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on September 13, 1999 in Map Book 280, at Page 47-49. 7 FORM NO P 5 1B City Of Virgirzia Seacri In Reply Refer To Our File No. DF-5633 TO: FROM: Leslie L. Lilley �z B. Kay Wilson INTER -OFFICE CORRESPONDENCE DATE: August 27, 2003 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application CH&B Associates, L.L.P. (PD-H1 to 0-2) The above -referenced conditional zoning application is scheduled to be heard by the City Council on September 9, 2003. I have reviewed the subject proffer agreement, dated July 24, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure AGREEMENT THIS AGREEMENT, made this 24th day of July, 2003 by and between CH&B ASSOCIATES, L.L.P. a Virginia limited liability partnership, (hereinafter referred to as "Grantor"); -and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification from PD-H1 (Condominiums, Office and Retirement), to 0-2 Conditional on certain property owned by Grantor which contains a total of 39.7 acres, more or less, located in the Kempsville Election District of the City of Virginia Beach, Virginia, which property is more particularly described in the attached Exhibit A (hereinafter the "Property"); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned 0-2 and are needed to cope with 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 part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the GPIN: 1476-73-1616 This Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Saute 2000 Virginia Beach, VA 23462 physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of 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 these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: Pa 1. A twenty-five (25) foot wide tree preservation area shall be provided along those portions of the Property adjacent to the residentially zoned property to the north of the Property. 2. No portion of any building located on the Property within one hundred (100) feet of the northern property line adjacent to the residentially zoned property shall exceed thirty-five (35) feet in height. 3. The primary exterior building materials utilized on any building constructed on the Property shall be limited to: glass, brick, stone, metal, pre -cast concrete, or any combination of the aforementioned materials. 4. A landscape buffer, twenty five (25) feet (or greater) in width shall be constructed along those portions of the perimeter of the Property (excluding roads and access points) adjacent to Independence Boulevard and South Plaza Trail, which buffer may contain a berm not exceeding a slope of 4H:1 V. 5. The Grantors have prepared and submitted a Traffic Impact Study ("'ITS") of August 2002, and further amended by an addendum of July 24, 2003, analyzing the impact of this and the accompanying application for the Brenneman Farm. The TIS prepared by Kimley-Horn and Associates is on file in the Planning and Public Works Departments of the City of Virginia Beach. Prior to the issuance of any occupancy permits for office space in excess of 225,000 square feet on the Property, zoned 0-2, the Grantors shall have completed or bonded the improvements to the intersection of South Plaza Trail and S. Independence Boulevard recommended in the TIS as amended. 6. Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 3 All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance 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 that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank] 4 [Signature Page of James M. Caplan, Agent for Trustee of the Caplan Family Trust 1976] CH&B Associates, L.L.P. J es M. Caplan, AgenNUfTrustee of e Caplan Family Trust 1976 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: �4h The foregoing instrument was acknowledged before me this a day of July, 2003, by James M. Caplan, Agent for Trustee of The Caplan Family Trust 1976, on behalf of CH&B Associates, L.L.P. He is uersonally known to me. My Commission Expires: /A 1311 0,3 1616704 5 0 Fa Wok� �04 I :. [Signature Page of Lawrence Fleder, Agent for Trustee of the Fleder Family Trust 1976] CH&B Associates, L.L P. By EAL) awrence Fleder, Agent ror Trustee of The Fleder Family Trust 1976 COMMONWEALTH OF VIRGINIA CITY OF VIRGIIv1A BEACH, to -wit: The foregoing instrument was acknowledged before me this day of July, 2003, by Lawrence Fleder Agent for Trustee of The Fleder Family Trust 1976, on behalf of CH&B Associates, L L.P He is personally known to me My Commission Expires. 3110 hC Notary Public EXHIBIT A ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, approximately 39.7 acres, and identified as Parcel 3 as shown on that certain "RESUBDIVISION PLAT OF PORTION OF PROPERTY OF CH&B ASSOCIATES KNOWN AS BRENNEMAN FARM, PHASE 1, VIRGINIA BEACH, VIRGINIA", dated July 28, 1999 and prepared by Rouse-Sirine Associates, Ltd., which plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on September 13, 1999 in Map Book 280, at Page 47-49. 7 FORM NO P 5 16 S Op ?� OUR NAt%0N11 City of virgirZia Beach In Reply Refer To Our File No. DF-5631 TO: FROM: I" Leslie L. Lilley B. Kay Wilson INTER -OFFICE CORRESPONDENCE DATE: August 27, 2003 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application CH&B Associates, L.L.P. (PD-H 1 to A-12 With PD-H2 Overlay) The above -referenced conditional zoning application is scheduled to be heard by the City Council on September 9, 2003. I have reviewed the subject proffer agreement, dated July 24, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure AGREEMENT THIS AGREEMENT, made this 24th day of July, 2003 by and between CH&B ASSOCIATES, L.L.P. a Virginia limited liability partnership, (hereinafter referred to as "Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification from PD-H1 (Condominiums, Single Family, Multi -Family and Office), to A-12 with a PD-H2 Overlay (79.64 acres) and P-1 with a PD-H2 Overlay (14.55 acres) on certain property owned by Grantor which contains a total of 94.19 acres, more or less, located in the Kempsville Election District of the City of Virginia Beach, Virginia, which property is more particularly described in the attached Exhibit A (hereinafter the "Property"); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A-12 and P-1 with a PD-H2 Overlay are needed to cope with 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 part of the proposed conditional amendment to the GPIN: 1476-72-7504 Prepared By: Troutman Sanders L.L.P. 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 Zoning Map, in addition to the regulations provided for in the existing A-12 and P-1 zoning district with a PD-H2 Overlay by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; and WHEREAS, certain covenants and restrictions governing the Property were adopted by the City Council of the City of Virginia Beach on June 23, 1998, as part of the Amendment to the Land Use Plan for the Brenneman Farm Planned Unit Development; and WHEREAS, the Amendment to the Land Use Plan for the Brenneman Farm Planned Unit Development (the "Brenneman Farm Amendment") adopted on June 23, 1998 contained restrictions governing the development of the Brenneman Farm property on both the west and east sides of South Plaza Trail; and 2 WHEREAS, Grantor desires to change the conditions affecting the Property as adopted by the Brenneman Farm Amendment, without affecting or altering those conditions contained in the Brenneman Farm Amendment relating to the properties identified as "PD-H1 Office 13 AC" and "Catholic High School 15 AC" on the exhibit entitled "Proposed Land Use Plan," dated June 2, 1998, prepared by Kimley-Horn and Associates, Inc., which plan has been exhibited to City Council, and was adopted as part of the Brenneman Farm Amendment; NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of 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 these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Land Use Plan of Brenneman Farm, referenced above, shall be revised and adopted as shown on the exhibit entitled "Proposed Zoning Plan," dated July 18, 2003, as contained in the four part, multi -page document entitled Brenneman Farm Development Manual dated July 18, 2003, which publication has been exhibited to City Council and is on file in the Planning Department of the City of Virginia Beach (hereinafter the "Manual"). 2. Prior to the issuance of any final occupancy permit on any residential units on the Property, Grantor shall substantially complete and bond roadway improvements to South Plaza Trail providing for two additional full vehicular traffic lanes (one in each direction) for traffic between South Independence Boulevard and Brenneman Trail. 3 3. The perimeter and interior landscaping, fencing and signage on all portions of the property adjacent to public rights -of -way shall be developed and constructed substantially as depicted in Section 4 of the Manual. 4. The areas of the Property depicted as lakes, buffer areas, open space and recreational areas as shown on the "Conceptual Development Plan" in the Manual shall be used for those designated purposes. LUXURY MULTI-FANULY 5. The area identified on the "Proposed Zoning Plan" as proposed "PD-H2 Luxury Multi -Family 20.0± AC" as contained in the Manual shall be developed as multi -family units and the total number of dwelling units shall not exceed 304 units. 6. The multi -family units, clubhouse and garage units constructed within the aforesaid area shall be constructed in a manner substantially as depicted in Section 3 of the Manual. 7. No structure located within the area defined as "Luxury Multi -Family" as shown on the Conceptual Development Plan within the Manual shall exceed four -stories or 60' in height. With the exception of Buildings 8 and 9, the structures located within 100' of a public right-of-way shall not exceed 45' in height and no fencing adjacent to a public right -of way shall exceed 5' in height (with the exception of any fencing around tennis courts which height shall not exceed 12'). Building 8 shall be set back a minimum of 45' from the nearest adjacent public right -of way, and Building 9 shall be set back a minimum of 65' from the nearest adjacent public right-of-way. Except as set forth herein, this portion of the Property shall be developed in accordance with the design criteria set forth in Sections 602, 603, 605 and 606 of the Virginia Beach Zoning Ordinance in effect on this date. LUXURY CONDONnNIUMS 8. The areas identified as Parcels A, B and C on the Conceptual Development Plan within the Manual, shall be developed substantially as depicted on the Conceptual Development Plan. 4 9. The architecture, building materials and external features of the condominium units constructed on Parcels A, B and C of the Property shall be substantially as depicted by the elevations contained in Section 2 of the Manual. 10. The number of units constructed on Parcels A, B and C of the Property shall not exceed four hundred eighteen (418). 11. A 25 foot wide restoration area along South Plaza Trail, adjacent to Condominium Parcel A, shall be installed as indicated in Section 4 of the Manual. After initial clearing of the site, the applicant shall contact the Planning Department to schedule a review of existing vegetation within the restoration area. During this review, it will be determined where additional plantings shall occur to provide a Category IV -type screen within the restoration area. A "Restoration Plan" shall then be submitted to the Planning Department, prepared by a certified landscape professional, that will provide a survey of existing trees to remain by species and caliper as well as a depiction of proposed shrubs and trees identified by species, height and caliper at time of planting. The proposed vegetation shall be a mix of evergreen and deciduous species. The trees shall be installed with a minimum caliper of 1 1/2 inches at the time of planting and spacing appropriate for the species. The Restoration Plan shall be approved by the Planning Department prior to issuance of a Certificate of Occupancy for any of the units within Parcels A, B and C. 12. Except as provided below, Parcels A, B and C of the Property shall be developed in accordance with the criteria set forth in Section 603, 605 and 606 of the Virginia Beach Zoning Ordinance in effect on the date this application is approved. 13. Site Data and Development Criteria Site Area, Use and maximum allowable units: • Parcel A 13.8 Acres 125 2-Story Townhomes • Parcel B 29.97 Acres 165 3-Story Townhomes • Parcel C 17.8 Acres 128 3-Story Carriage Homes 5 • Total CARRIAGE HOMES 61.57 Acres 418 Total Units REQUIRED BUILDING SETBACKS • Front yard setback - from face of curb/private street • Side yard setback adjacent to a private street from face of curb • Side yard setback from exterior property line • Minimum distance between buildings side to side • Rear yard setback from exterior property line or private street • Minimum distance between buildings rear to rear • Lot coverage building footprint • Maximum building height 2 AND 3 STORY TOWNHOMES • Front yard setback - from face of curb/private street • Side yard setback adjacent to a private street from face of curb • Side yard setback from exterior property line • Minimum distance between buildings side to side • Rear yard setback from exterior property line or private street • Minimum distance between buildings rear to rear • Lot coverage building footprint • Maximum building height PARKING REQUIREMENTS 20' 10' 10' 12' 10' 20' 45% 40' 20' 10' 10' 15' 10' 20' 40% 35' (two story unit) 40' (three story unit) A minimum of 2 off street parking spaces shall be provided for each unit. Garage parking shall be utilized to meet parking requirements R PRIVATE STREET / LANE WIDTH CRITERIA Private Street Width 26' Face of Curb to Face of Curb Private Alley Width 12' Edge of Asphalt to Edge of Asphalt DESIGN CRITERIA • Maximum number of units attached per building shall be 6 • Units shall be constructed on raised slab with brick skirt on front elevation • Windows shall be provided in all garage doors • As a minimum, beaded vinyl siding will be provided on all units • All fencing provided on lots backing up to the lakes shall be 4' open picket constructed of white vinyl • The following shall be allowed a T encroachment into required setbacks: Fireplaces Bay windows Steps Decks which do not exceed 18" in height (excluding railings) Patios HVAC equipment 14. The Grantors shall record a Master Deed of Covenants, Conditions and Restrictions ("Restrictions") governing the Property. The Restrictions shall be enforced by a Mandatory Property Owners Association which will be responsible for maintaining all common areas including, all landscape buffers including all fencing, and all lakes and BMP's located on the Property. 15. Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 7 All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance 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 that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank] [Signature Page of Lawrence Fleder, Agent for Trustee of the Fleder Family Trust 1976] CH&B Associates, L L P By SEAL) Lawrence Fleder, Agent for Trustee of The Fleder Family Trust 1976 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit The foregoing instrument was acknowledged before me this ±4" day of July, 2003, by Lawrence Fleder Agent for Trustee of The Fleder Family Trust 1976, on behalf of CH&B Associates, L L P He is personally known to me My Commission Expires 46, 16S 9 Notary Public [Signature Page of James M. Caplan, Agent for Trustee of the Caplan Family Trust 1976] CH&B Associates, L.L.P. J es M. Caplan, Age or Trustee of e Caplan Family Trust 1976 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: t� The foregoing instrument was acknowledged before me this S day of July, 2003, by James M. Caplan, Agent for Trustee of The Caplan Family Trust 1976, on behalf of CH&B Associates, L.L.P. He is personally known to me. My Commission Expires: JAJ 3 / J03 1619774 IR ,. _ -Ajr I EXHIBIT A ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, identified as "Now or Formerly CH&B Associates (D.B. 1626, P.12) (M.B. 44, P.11), GPIN # 1476-72-7504" as shown on that certain "PLAT SHOWING DRAINAGE AND Rv POUNDMENT EASEMENTS (LADE #8) DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA FROM CH&B ASSOCIATES (M.B. 285, P.39) (M.B. 287, P.6), VIRGINIA BEACH, VIRGIlVIA," dated February 11, 2002, and revised March 19, 2002 and prepared by Rouse-Sirine Associates, Ltd., which plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on May 1, 2002 in Map Book 305, at Page 41. 11 Map F-11 rhAactor �i �ro��►e�%�� WAR .� 1. i . ►2 �� ( �j !•lam • •, .� . U • �C ,� � : � �, fir- �.�� . •s Zoning Change - PD-HI to R-5D ZONING HISTORY 1. 11-24-92 — CONDITIONAL USE PERMIT (church) — Granted 10-27-98 — RECONSIDERATION OF CONDITIONS from R-5D to Conditional B-2 — Granted 10-27-98 — RECONSIDERATION OF CONDITIONS from R-8 to, AG-1, and R-4 to PD-H — Granted 5-13-85 — CONDITIONAL USE PERMIT (day care center) — Granted 8-18-86 — RECONSIDERATION OF CONDITIONS — ZONING CHANGE from R-8 to PD-H — Granted 4-6-87 — RECONSIDERATION OF CONDITIONS — ZONING CHANGE from R-8 to PD-1-12 — Denied 2 7-9-90 — ZONING CHANGE from PD-1-12 to P-1 — Granted 3 8-6-79 — REZONING from R-8 to PDH — Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Chester Ehrenzellar — Change of Zoning District Classification MEETING DATE: September 9, 2003 ■ Background: An Ordinance upon Application of Chester Ehrenzellar for a Change of Zoning District Classification from PD-H1 Planned Unit Development District to R-5D Residential Duplex District on property located at 1961 Mill Creek Drive (GPIN 14759087170000). DISTRICT 7 — PRINCESS ANNE This request is to change the zoning on a strip of property so that it matches the zoning on the remainder of the property. ■ Considerations: The original Salem Lakes Land Use Plan included a series of berms around the area's boundaries to buffer Salem Lakes from adjacent properties. The subject strip of land was planned for and has been used as one of these berms The R-5D zoned portion of the property adjacent to the berm was originally a flag lot that fronted on Salem Road. The property was resubdivided in 1999 to eliminate the "flagpole" of the lot and include the PD-H1 zoned strip so that it fronts on Mill Creek Drive If the request is approved, the applicant intends to resubdivide the property into a total of four lots. The existing house is intended to be preserved, and three 5,000 to 7,000 square foot lots would be created on the southern side of the property, fronting Mill Creek Drive The smaller lots could only be used for single-family dwellings The larger residual property meets the requirements for a duplex dwelling, but the applicant has stated his intent is to preserve the existing single- family home Although the strip of land was originally intended to separate the Salem Lakes Planned Development from adjacent properties, the physical location of the existing house and the resubdivision of its property make it a 'de facto' part of the area However, the residential use is compatible with the other residential uses in this area, which consist of single-family and townhouse style dwellings. In this location, the berm is not necessary to separate the existing single-family dwelling from other single-family dwellings across the street The proposed rezoning will Chester Ehrenzellar Page 2 of 2 allow land uses that are in keeping with the other residential uses along Mill Creek Drive The Planning Commission placed this item on the consent agenda because the existing strip of zoning serves no purpose and its removal would increase the usefulness of the property Staff recommended approval There was no opposition to the request ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department. City Manager: , L: CHESTER EHRENZELLER/#29 August 13, 2003 General Information: APPLICATION NUMBER: F11 - 211 - REZ - 2003 REQUEST: Change of Zoning District Classification from PD-1-11 Planned Unit Development District to R-5D Residential Duplex District. ADDRESS: 1961 Mill Creek Drive I .ors A snr, Zonrng Change - PD-HI to R-5D GPIN: Part of 14759087170000 ELECTION DISTRICT: 7 - PRINCESS ANNE Planning Commission Agenda August 13, 2003 CHESTER EHRENZELLER / # 29 Page 1 SITE SIZE. 6,820 square feet STAFF PLANNER: Ashby Moss PURPOSE: To change the zoning on a strip of property so that it matches the zoning on the remainder of the property The applicant intends to resubdivide the property to create three additional lots Major Issues: • Potential change to property resulting from the change in zoning. • Compatibility of proposed change to surrounding development. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The property is currently vacant, but has been built up to create a three to four -foot grassed berm The property is zoned PD-111 Planned Unit Development District. Surrounding Land Use and Zoning North: Townhouses / PD-H1 Planned Unit Development District South: • Townhouses / PD-H1 Planned Unit Development District East: Across Mill Creek Drive, single-family dwellings / PD-H1 Planned Unit Development District West: Single-family dwelling and associated outbuildings / R-5D Residential District Planning Commission Agenda August 13, 2003 CHESTER EHRENZELLER / # 29 Page 2 Zoning and Land Use Statistics With Existing Due to the split zoning, the property cannot be Zoning: resubdivided to create additional R-5D Residential Duplex District lots because the land adjacent to the street has a different zoning category With With consistent R-5D Residential Duplex District Proposed zoning, the property can be resubdivided to create Zoning: three additional single-family lots (total of four lots on the entire parcel). The fourth lot could be developed with a duplex dwelling, but the applicant has stated his intent to preserve the existing single-family dwelling on this parcel Zoning History The Salem Lakes Planned Development was approved in 1979, changing the zoning of this area from R-8 Residential to PD-H1 Planned Unit Development District. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana Public Facilities and Services Water and Sewer City water and sewer is available. Any new resubdivided parcels must connect to City water and sewer. Comprehensive Plan The Comprehensive Plan designates the Salem Lakes area as a planned community for a variety of cohesive, interdependent uses including a range of residential units, employment, commercial, institutional, cultural, educational, open space and public uses The adjacent property zoned R-5D is designated for medium to high density suburban residential development above 3.5 dwelling units per acre Planning Commission Agenda August 13, 2003 CHESTER EHRENZELLER 1 # 29 Page 3 Summary of Proposal Proposal • The applicant requests to change the zoning on a strip of land fronting Mill Creek Drive from PD-111 Planned Unit Development District to R-5D Residential Duplex District The original Salem Lakes Land Use Plan included a series of berms around the area's boundaries to buffer Salem Lakes from adjacent properties The subject strip of land was planned for and has been used as one of these berms The R-5D zoned portion of the property adjacent to the berm was originally a flag lot that fronted on Salem Road The property was resubdivided in 1999 to eliminate the "flagpole" of the lot and include the PD-H 1 zoned strip so that it fronts on Mill Creek Drive. Site Design • Although it has split zoning, the total area of the lot is 45,339 square feet The portion of the lot zoned PD-111 is 6,820 square feet "' ', 't;, it Y � xCtiEik rta0 A �S7Sy &M 47 E VAOM Ai --A M Ul JVM4 RV • If the request is approved, the applicant i intends to resubdivide the property into a •+ total of four lots The existing house is � intended to be preserved, and three 5,000 - all to 7,000 square foot lots would be created on the southern side of the property, fronting Mill Creek Drive The smaller lots could only be used for single family dwellings The larger residual property meets the requirements for a duplex dwelling, but the applicant has stated his intent is to preserve the existing single- family home rrM*C "roe t. W WN *W x ^4 .4f.. at AIM ~10% AW X W. �a`VS'�NU` gFq�.y Planning Commission Agenda August 13, 2003 CHESTER EHRENZELLER / # 29 Page 4 Vehicular and Pedestrian Access • Although the property was formerly accessed via Salem Road, the existing single- family dwelling is now accessed via Mill Creek Drive. • Sidewalks currently exist on the opposite side of Mill Creek Drive. Landscape and Open Space • The berm is landscaped only with turf grass. No trees or shrubs are currently present Evaluation of Request The applicant's request to rezone this strip of property from PD-H1 Planned Unit Development District to R-5D Residential Duplex District is acceptable Although the strip of land was originally intended to separate the Salem Lakes Planned Development from adjacent properties, the physical location of the existing house and the resubdivision of its property make it a `de facto' part of the area However, the residential use is compatible with the other residential uses in this area, which consist of single-family and townhouse style dwellings. In this location, the berm is not necessary to separate the existing single-family dwelling from other single-family dwellings across the street. The proposed rezoning will allow land uses that are in keeping with the other residential uses along Mill Creek Drive Therefore, this application is recommended for approval NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. Planning Commission Agenda August 13, 2003 CHESTER EHRENZELLER / # 29 Page 5 1_<1P I., B clo r4 1 ice= •p 1 M yV N f OE w Q QUQ N N " e (0i � 'tti O ►q �� (M/d .09) 3AIN1 )133UO 1-1114 � lot 9d V49 0 00 VGW3M Al1'111t1 .LK SMUSIX3 p3 CA M.00.iltjv 00 Oct � 1 ac zt M _ 0 U, t�Ct R i V V « � � w U. U. d .. ci .4 m a caww' tYi.�14. �" � ri C � � ►•� i caw cv ua �•at —' w Q c cu W ca x I 9 " r W44 Ci a tot 14 its ! 100 00 IISUV 'MMaINS 40 MOSSIA10M r .� j�e�ET��or'�iw� � � � t r i r A.81.ftim a WC Uj M q ."..,. 1 At .222 2 ' 9Raw i i Y w W Fr f N y c� � ' ' t w t0" t, u ' UA l ~ �io A C8✓ t C� __ .Y St s TN 11SGl+t'� •CS"�� ,Vwlry goTot - 66AW }ptA 0, 'VOT0..46 072 4 ysT SO e� t CD w U Q a a. SALEM ROAD (VApI e6LEE R/w� Q M. p c US M _ AK iynp � ' {t1`6W611 N ii 0p ti i lie iY ASO --u ,r yApI,.Asa SC ,p=TOTTlE C1tY MEPOT C!fl �� F1 to 0 00 Planning Commission Agenda August 13, 2003 CHESTER EHRENZELLER / # 29 Page 6 4 EE t � 1 /t § 1 1 - . 3.2.174.7 • �4A2eC CL ZONED: RSO V En PARCEL A- I -A CL A.0 i 40 BE ROOM -- V) N etrorc BY-^�A8-S4M E-t2.17 C w 48 1 JCr rr+ rre zahtL R50 Aht MAX SE ADM vM ENM1taITot go N UCEF TO THE Ma #tr � +i£OtiR A40RNINC Ne 204 � — S ft 7 4'32' r S � 1.52.G �3- x PARML A- t -H C,p1N .-. a� S f"07'42- E rri PARE i 'R 1Q Q #1-C tS .- 0 , 8.33713 t PARCEL A-1-L GotRI L 1► �'111 IE � "-�- C-3 .-to o$ +2� A �'!'� PC 6'S ..NIA 8£._ _ Planning Commission Agenda �1�z August 13, 2003-� CHESTER EHRENZELLER / # 29 Page 7 DISCLOSURE STATEMENT Applicant's Name. Chester Ehrenzellar List All Current Property Owners- Bryan Lee Fisher 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. if the applicant is not the cunvnt owner of the property, complete the Property Owner Disclosure section below: PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below. (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization CERTIFICATION" 1 certify that the information contained herein is true and accdrate. Chester Ehrenzeliar rem Print Name Rezoning Application Page 8 of 12 Planning Commission Agenda August 13, 2003 CHESTER EHRENZELLER / # 29 Page 9 Item #29 Chester Ehrenzellar Change of Zoning District Classification 1961 Mill Creek Drive District 7 Princess Anne August 13, 2003 CONSENT Dorothy Wood: The next item is Item #29, Chester Ehrenzellar. An ordinance upon application of Chester Enrenzellar for a Change of Zoning District Classification from PD-H1 Planned Unit Development to R-51) Residential Duplex on Mill Creek Road in the Princess Anne District. And that has ten conditions. Bob Sawyer: My name is Bob Sawyer. I'm an engineer with Site Improvements representing the applicant. And I understand there are no conditions. Dorothy Wood: Is there any opposition to Item #29, Change of Zoning District on Mill Creek Drive for Mr. Chester Ehrenzellar? Mr. Crabtree, would you please comment on that. Eugene Crabtree: Once again, basically all this entails is removing a berm that was a low berm. It really didn't serve any great purpose to start off with. And by removing this berm we have increased the usefulness of this land and we felt like it was a good item for the consent agenda. Dorothy Wood: Thank you sir. Mr. Ripley, I would move to approve number 429 with three conditions. Ronald Ripley: So we have a motion by Dot Wood to approve. Do I have a second? Seconded by Barry Knight. Any discussion? Let's call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Ripley: By a vote of 11-0 the motion carries Map_Not to Scale ■ u � ' •, 01,011 i-maMEN MOM m l■� �s� �[l:1� ��nos��ra��ist:L![t[=a ISUII�� "Car Wash" Mod:ficanon of Timberlake Land Use Plan ZONING HISTORY 1. 12-18-01 — CONDITIONAL USE PERMIT (automobile service station) — Granted 2-25-74 — REZONING (PDH to B-2) - Granted 2. 5-24-94 — AMENDMENT to Timberlake Land Use Plan for mini - warehouses — Granted 3. 5-13-85 — STREET CLOSURE — Granted 4 6-14-71 — REZONING to PDH — Granted w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Kempshire Enterprises, L.L.C. — Modification to the Timberlake PD-H1 Land Use Plan MEETING DATE: September 9, 2003 ■ Background: An Ordinance upon Application of Kempshire Enterprises, L.L C. for a Modification to the Timberlake PD-111 Land Use Plan for property located on the southeast corner of South Independence Boulevard and Silverleaf Drive (GPIN 14767763710000; 14767791970000). DISTRICT 2 — KEMPSVILLE. The purpose of this request is to construct a car wash with 10 self -wash bays and two automated bays ■ Considerations: The property is currently vacant and is zoned PD-111 Planned Unit Development District. The property is part of the Timberlake planned development The Timberlake Land Use Plan currently calls for an automobile service station for a portion of the site. The applicant proposes to construct a car wash facility consisting of 10 self -wash bays and two automated bays The car wash building is oriented on the site so that it faces South Independence Boulevard; however, no vehicular access is permitted directly onto S Independence Boulevard, which is in keeping with the Master Transportation Plan's "controlled access" designation for this roadway. There are a total of 22 vacuums, which are located in front of and behind the self - wash bays Most are grouped in pairs, and all are elevated on a base of split face block A 125-foot wide area on the southern side of the property (adjacent to Commuter Drive) is shown as vacant on the site plan This area could be used for an expansion in the future, but any use would require City Council approval The building design is appropriate for this location The glass and metal materials create a unique -looking building that is compatible with other buildings in the vicinity Elements of the design have been purposely added to improve compatibility with the adjacent Silverleaf Park and Ride Station The Planning Commission placed this item on the consent agenda because the proposed use would be compatible within the surrounding area Staff recommended approval There was no opposition to the proposal. Kempshire Enterprises Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department* epartment 06- Y g City Manager: <z rx V- " b1kt KEMPSH-IRE ENTERPRISES, L.L.C. / # 38 General Information: APPLICATION NUMBER: F08 - 210 - PDH - 2003 REQUEST: ADDRESS: GPIN: ELECTION DISTRICT: August 13, 2003 Modification to the Timberlake Land Use Plan to construct a car wash. Southeast corner of S. Independence Boulevard and Silverleaf Drive plain MEN -man to Gpsn 1476-77-6371 and Porno n of 9197 14767763710000 and part of 14767791970000 2 - KEMPSVILLE �.11A 8� cy Planning Commission Agenda �: TZ August 13, 2003 v - KEMPSHIRE ENTERPRISES, L.L.C. / # 38�;,:-f' Page 1 SITE SIZE: 1 75 acres STAFF PLANNER: Ashby Moss PURPOSE: To construct a car wash with 10 self -wash bays and two automated bays Major Issues: • Compatibility of proposed car wash with the planned uses in the Timberlake Land Use Plan and with the adjacent Virginia Department of Transportation Park and Ride site. • Quality appearance of site in terms of site development and architecture from Independence Boulevard and coordination with adjacent Park and Ride site. Land Use, Zoning, and Site Characteristics: Existina Land Use and Zonin The property is currently vacant and is zoned PD-H1 Planned Unit Development District. The property is part of the Timberlake planned development The Timberlake Land Use Plan currently calls for an automobile service station for a portion of the site. Surrounding Land Use and Zoning North: • Across Silverleaf Drive, vacant property approved for a Wawa gas station and convenience store / B- 2 Community Business District South: • Across Commuter Drive, vacant property currently for sale by Virginia Department of Transportation / PD-H1 Planned Unit Development District East: • Commuter `Park and Ride' lot / PD-H1 Planned Planning Commission Agenda August 13, 2003 KEMPSHIRE ENTERPRISES, L.L.C. / # 38 Page 2 Unit Development District West: Across S Independence Boulevard, townhouse development and commercial daycare facility / PD-H1 Planned Unit Development District Zoning History The Timberlake Land Use Plan was approved in 1971. When the Land Use Plan was approved, the vacant, triangular parcel bordered by Holland Road, South Independence Boulevard, and Silverleaf Drive was originally included In 1974, however, the parcel was removed from the Plan when City Council approved a rezoning from PD-H1 Planned Unit Development District to B-2 Community Business District More recently, City Council approved a Conditional Use Permit on this parcel for an automobile service station (Wawa) on December 18, 2001. The Jack Rabbit mini -storage was approved west of the subject site as an Amendment to the Timberlake Land Use Plan in 1994. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana Public Facilities and Services Water and Sewer • There is an existing 8-inch water line in Silverleaf Drive and a 16-inch water line in Independence Boulevard fronting the property. The existing lot must connect to City water • There is a sanitary sewer manhole at the corner of Silverleaf Drive and Independence Boulevard fronting the property City sewer is available Sewer and pump station analysis for Pump Station 521 is required to determine if flows can be accommodated. Construction plans and bonds are required. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): South Independence Boulevard in the vicinity of this application is considered a four lane divided major urban arterial The MTP designates this road as a 120-foot right- of-way with divided travel lanes and access control There are no projects listed in the current adopted CIP for this roadway. Planning Commission Agenda August 13, 2003 KEMPSHIRE ENTERPRISES, L.L.C. / # 38 Page 3 Traffic Calculations: Street Name Present Present Generated Traffic - Volume Capacity S Independence Potential Land Use — 1,626 ADT Blvd 36,000 ADT 32,500 ADT Proposed Land Use 3- 1,080 ADT Average Daily Trips 2 as defined by gas station with 10 fueling positions 3 as defined by proposed car wash Public Safety Police: • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • Where lighting fixtures are installed along streets, in parking areas, or on the building for illumination purposes, all fixtures should be of appropriate height and design as to prevent any direct reflection or glare toward adjacent uses and city streets. Lighting should be directed down at the ground and not out horizontally or up in the air. Fire and • Any hazardous, flammable, or combustible materials used, Rescue: stored, or sold on -site must comply with the Virginia Statewide Fire Prevention Code requirements. • The operator must supply an on -site hazard mitigation kit for fuel spills. • Any wash bay area that involves the shutting of doors with a vehicle and occupant inside shall have a failsafe operation to allow opening of door(s) or a clearly marked side hinged door for emergency use. Adequate ventilation shall be provided to remove vehicle exhaust. • Fire code permits may be required at the time of occupancy. Planning Commission Agenda August 13, 2003 KEMPSHIRE ENTERPRISES, L.L.C. / # 38 Page 4 • A Certificate of Occupancy must be obtained from the Building Official prior to occupancy Comprehensive Plan The Comprehensive Plan Map recognizes this area as a Planned Community, which is an area planned for a variety of cohesive, interdependent uses including a range of residential units, employment, commercial, institutional, cultural, educational, open space, and public uses Summary of Proposal Proposal • The applicant proposes to construct a car wash facility consisting of 10 self -wash bays and two automated bays Site Design • The car wash building is oriented on the site so that it faces South Independence Boulevard. • There are a total of 22 vacuums, which are located in front of and behind the self -wash bays. Most are grouped in pairs, and all are elevated on a base of split face block. • A 125-foot wide area on the southern side of the property (adjacent to Commuter Drive) is shown as vacant on the site plan This area could be used for an expansion in the future, but any use would require City Council approval a 1 "Ind tit'Ir � '. x n C*^ItTm NMI F Planning Commission Agenda f_- Zy August 13, 2003 �•' . KEMPSHIRE ENTERPRISES, L.L.C. / # 38 Page 5 i I Vehicular and Pedestrian Access • There is an existing median break on S Independence Boulevard at the Silverleaf Drive intersection, but there is no median break at the Commuter Drive intersection • Vehicular access points are located on Silverleaf Drive and Commuter Drive An interior access is shown connecting the subject property to the Park and Ride parking lot to the east. There is no access point directly on S. Independence Boulevard • Vehicles can enter the proposed site from any of the three access points, but are directed to enter the bay queuing area from the north side and then turn to the west to enter a bay. Therefore, vehicles entering the site from the Commuter Drive side must circle around the front of the site before entering a bay. • There is an existing sidewalk along the Commuter Lane and S. Independence Boulevard street frontage, but no sidewalk is present along Silverleaf Drive Architectural Design • The proffered elevation depicts a long series of bays and buildings extending 240 feet. On the northern end, five open bays are shown on either side of a two-story office and maintenance building. The southern end of the car wash has a one-story maintenance building followed by an enclosed two -bay automated car wash "Sy 20. 2003 • The majority of the structure consists of a dark blue metal frame with a pitched glass roof above the bays The automated bays are also blue metal and glass, but this portion of the building extends to two stories at the peak of the gabled roof The automated bays also have a pitched roof constructed of glass and blue metal frame. Planning Commission Agenda August 13, 2003 KEMPSHIRE ENTERPRISES, L.L.C. / # 38 Page 6 • The two-story maintenance and office building at the center of the structure is primarily white with a blue metal standing seam, hipped roof. The top half consists of Hardiplank siding, but the bottom half is split -face block This building has windows on the second story to provide architectural relief. • The one-story maintenance building adjacent to the automated bays also consists of white split face block and a dark blue, standing seam metal roof. • A thin, red painted accent line is shown at the base of the roofline along the entire length of the building Red is also used as an accent on the 22 vacuums and the bollards surrounding the building • A freestanding sign elevation has been proffered, which depicts an eight -foot tall monument -style sign with a base of split face block to match the building The design also includes split face columns on either side of the sign face. The applicant intends to seek a variance from the Board of Zoning Appeals to allow a larger sign face than the 32 square feet permitted for this property. Landscape and Open Space • Landscaping shown on the plan exceeds minimum requirements Street frontage landscaping consists of a combination of willow oak trees and an evergreen hedge of juniper, which continues the same landscaping pattern as that approved along Independence Boulevard for the Wawa site to the north • Interior landscaping includes a few landscaped islands amongst the vacuum stations Large landscaped areas are shown on the east side of both mechanical rooms and on the west side of the southernmost mechanical room. Another large area is shown east of the Commuter Drive entrance Small landscaped areas are shown on the eastern ends of the vacuum stations on the eastern side • A three-foot strip of foundation landscaping is shown on the northern and southern ends of the building The strip is continued to create divided access lanes into the automated bays. • Another three foot landscaping strip with an evergreen hedge is shown along the eastern property line, separating the site from the adjacent Park and Ride site Proffers Planning Commission Agenda August 13, 2003 KEMPSHIRE ENTERPRISES, L.L.C. / # 38 Page 7 1A 8L a PROFFER # 1 When the Property is developed, in order to achieve a coordinated design and development on the site in terms of vehicular circulation, parking, landscape buffering and building orientation, the "LAYOUT AND LANDSCAPE PLAN of Self Serve and Automated Car Wash, S Independence Boulevard & Silverleaf Drive, Virginia Beach, Virginia," dated May 15, 2003, prepared by Land Design and Development, Inc, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Layout Plan") shall be substantially adhered to Staff Evaluation: This proffer is acceptable The site plan, which is described in detail above, provides for organized traffic flow and does not allow access directly on S. Independence Boulevard. Landscaping is shown beyond minimum requirements, enhancing the site design for a typically pavement -dominated land use. PROFFER # 2 When the Property is developed, the architectural design, building materials, and colors of the Car Wash building will be substantially as depicted on the exhibit entitled "SECTION/ELEVATION SELF SERVE & AUTOMATED CAR WASH SOUTH INDEPENDENCE & SILVERLEAF DRIVE," prepared by Porterfield Design Center dated May 201 2003, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Rendering"). Staff Evaluation: This proffer is acceptable The striking design and bold colors of the budding are suitable for the area and compatible to the architecture of the Park and Ride budding and other buildings rn the immediate vicinity PROFFER # 3 When the Property is developed, the car wash shall have a monument style freestanding sign no greater than ten feet (10') in height with a base of split face block matching that on the building. The freestanding sign shall be substantially as depicted on the exhibit entitled "Freedom Wash Freestanding Sign" dated May 20, 2003, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Sign u Planning Commission Agenda August 13, 2003 KEMPSHIRE ENTERPRISES, L.L.C. / # 38 Page 8 Elevation") Building mounted signage complying the requirements of all applicable City Ordinances will be located on that section of building designated "Mech Room" on the Layout Plan which is closest to Silverleaf Drive Staff Evaluation: This proffer is acceptable The monument style sign will be compatible with the building The elevation actually ensures that the sign will be no taller than eight feet, but the area of the sign face will be determined by the Board of Zoning Appeals The applicant Intends to request a larger sign face than the 32 square feet permitted for this site PROFFER # 4 When the Property is developed, all lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as part of the formal site plan submission for review by the Planning Department to determine consistency with Crime Prevention Through Environmental Design (OPTED) principles and practices. Lighting shall be installed and operated as shown on the approved plan. All lighting shall be directed inward and downward within the site Staff Evaluation: This proffer is acceptable. With increased awareness of CPTED principles and lighting principles advocated by organizations such as "Dark Skies, " the City has become increasingly attentive to appropriate lighting levels and designs Lighting should be monitored to ensure adequate lighting for safety but avoid overspill and glare onto adjacent properties Since the applicant was unable to provide a lighting plan during this initial review process, this proffer ensures that a lighting plan will be submitted and subject to approval by the Planning Department PROFFER # 5 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements Planning Commission Agenda August 13, 2003 KEMPSHIRE ENTERPRISES, L.L.C. / # 38 Page 9 Staff Evaluation: This proffer reinforces the concept that a rezoning approval does not supersede compliance with ordinance and code requirements Changes to the plan may be required during the detailed plan review process City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated May 24, 2003, and found it to be legally sufficient and in acceptable legal form. Evaluation of Request The applicant's request to modify the Timberlake Land Use Plan is acceptable. As a land use, the proposed car wash is appropriate for this location. The northern half of the site is currently designated in the Land Use Plan as an automobile service station. The car wash fits this designation and is compatible with the adjacent Park and Ride site and other nearby commercial uses No residential uses are located immediately adjacent to the site The site plan is well designed with extra landscaping, helping to break up the large expanses of pavement, which are typical with automobile related sites Vehicular movements are controlled to create smooth traffic flow from the three access points No vehicular access is permitted directly onto S. Independence Boulevard, which is in keeping with the Master Transportation Plan's "controlled access" designation for this roadway The building design is also appropriate for this location The glass and metal materials create a unique -looking building that is compatible with other buildings in the vicinity Therefore, Staff recommends approval of this application. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes. Planning Commission Agenda August 13, 2003 KEMPSHIRE ENTERPRISES, L.L.C. / It 38 Page 10 a IA 8F„1C,S,L! Planning Commission Agenda August 13, 2003v:-- KEMPSHIRE ENTERPRISES, L.L.C. / # 38"; Page 11 0 - o c N a t0 _ �SIA 8&4 ''�• cyL17 Planning Commission Agenda August 13, 2003 KEMPSHIRE ENTERPRISES, L.L.C. / # 38 Page 12 wdj;F`q C�► c%A r Planning Commission Agenda 4°4 August 13, 2003 KEMPSHIRE ENTERPRISES, L.L.C. i # 38 Page 13 xF"• :. � gip@ i � ,�F � � "`� �..y � �� '�� w } ♦ �d C " fin, ► W.. � ' � .'�:�� e � '.'x � �b .� �, ME � w to •� � "`.�!'a ,,� • .•» ire ,.e ..'; 'r• qyM,. �n. ro • .is f , now -- -- tndependen�e Btvd. - .w.. ,�- . •�.. -'?�� .e r �..-..a.:.�•, ^�., '.�^+ -"_' x'^^aA�. -r, Arai' ■ -w.. � .b.. ...-.-.....+..«,�.,w.,,.aa*+w .p. ✓�,� K � M � t fr��tif �, :. � 3.. �� ?� /;' •^7F."R- spy' � � �..� 'Afw .. � '�. �c�gg+'ro .h• � .a1Y\R � y3 4� / A } �'�f � 4a N,y♦„�j, fyyt � ? rw ,'�� .� ? "s� s+a. E f s- � y"��• � .^ x.. "fir•:_ ,% � f�b'�' 49 ?' �� . K. . �� 1!. ... � � � •� 5 � ' "/ fr "` ,B ! ��-'�''.ba z s. ` � �• �" y"y �'t f , t �" '��Zsxx ,� `�s DISCLOSURE STATEMENT . . . . . . . . . . . Applicant's Name_ Kempshire Enterpnses,,L.L C List All Current Property Owners: Commonwealth Of Virginia c/o Virginia Dept of Transportation APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) John K Bishard — ,ienb -.T Steven W Bishard -- Member, Christopher T. Giroux, ng Mt--mber 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. If the applicant is not the current owner of the property, complete the Property owner Disclosure section below: PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below. {Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Commonwealth of Virginia — c/o Virginia Dept of Transportation Contact. Oliver Warren Williams — District RNV and Utilities Manager ❑ Check here if the property owner is NOT a corporation partnership, firm, or other unincorporated organizaticii- CERTIFICATION• ! certify that the information contained herein is true and accurate. KE-IPSxz;.E L%fERPRISrS, L.L.C. 3Y'�``' ign ure Conditional Use Permit Application Page 8 of 8 Prid Name Planning Commission Agenda August 13, 2003 KEMPSHIRE ENTERPRISES, L.L.C. / # 38 Page 16 Item #38 Kempshire Enterprises, L.L.C. An Ordinance upon Application of Kempshire Enterprises, L.L.C. to modify the Timberlake PD-H 1 Land_ Use Plan Southeast corner S. Independence and Silverleaf Drive District 2 Kempsville August 13, 2003 CONSENT Dorothy Wood: The last item on the consent is Item #38. It's Kempshire Enterprises, Limited Liability Corporation. It's an ordinance upon application of Kempshire Enterprises to modify the Timberlake PD-H1 Land Use Plan for property located on the southeast corner of South Independence and Silverleaf Drive in the Kempsville District. The applicant has offered five proffers. Mr. Bourdon. Eddie Bourdon: Thank you very much. Eddie Bourdon for the record. And, this is proffered change to the plan and obviously we agree with all the conditions and appreciate again being on the consent agenda. Dorothy Wood: Thank you sir. Is there any opposition to Item #38, the Kempshire Enterprises? Hearing none. Mr. Ripley, I would move to approve number #38 with five proffers. Ronald Ripley: So we have a motion by Dot Wood to approve. Do I have a second? Seconded by Barry Knight. Any discussion? Let's call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Ripley • By a vote of 11-0 the motion carries and the consent agenda passes. That concludes our consent agenda. FORM NO P.S 1 B City Of Virgirzia Beach In Reply Refer To Our File No. DF-5752 TO: Leslie L. Lilley FROM: B. Kay Wilson INTER -OFFICE CORRESPONDENCE DATE: August 27, 2003 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application Kempshire Enterprises, L.L.C. and The Commonwealth of Virginia The above -referenced conditional zoning application is scheduled to be heard by the City Council on September 9, 2003. I have reviewed the subject proffer agreement, dated May 24, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY SYKES. $OURDON. AIIERN & LEVY. PC KEMPSHIRE ENTERPRISES, L.L.C., a Virginia limited liability company THE COMMONWEALTH OF VIRGINIA TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 24+h day of May, 2003, by and between KEMPSHIRE ENTERPRISES, L.L.C., ("Kempshire") a Virginia limited liability company, Grantor, party of the first part; THE COMMONWEALTH OF VIRGINIA ("Commonwealth"), party of the second part, Grantor which joins in this agreement solely to show the Commonwealth consents to the proffers by Kempshire but the Commonwealth does not guarantee or warrant performance of any proffer by Kempshire; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a two (2) parcels of property located in the Kempsville District of the City of Virginia Beach, containing approximately 1.75 acres of land which are more particularly described as parcels 1 and 2 in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are herein referred to as the "Property"; and WHEREAS, the party of the first part is the contract purchaser of the parcels described in Exhibit "A" and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify the PD-H 1 Land Use Plan with a B-2 Commercial Designation applicable to the Property; and 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, Kempshire acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the GPIN: 1476-77-6371 1476-77-9197 (Part) 1 PREPARED BY . SMS. RQURDON. AHERN & LEVY. PC area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, 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 cope with the situation to which Kempshire's rezoning application gives rise; and WHEREAS, Kempshire has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the PD-H 1 Land Use Plan applicable to the Property in addition to the regulations provided for the PD-H 1 and B-2 Zoning Districts by the existing overall Zoning Ordinance, 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, Kempshire, for itself, its successors, personal representatives, assigns, grantee, and other successors in title 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 covenants and agrees 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 Kempshire, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, in order to achieve a coordinated design and development on the site in terms of vehicular circulation, parking, landscape buffering and building orientation, the "LAYOUT AND LANDSCAPE PLAN of Self Serve and Automated Car Wash, S. Independence Boulevard & Silverleaf Drive, Virginia Beach, Virginia," dated May 15, 2003, prepared by Land Design and Development, Inc., which has been exhibited to the Virginia Beach City Council and is on_ file with the Virginia Beach Department of Planning ("Layout Plan") shall be substantially adhered to. 2 PREPARED BY SYKES. BOURDON. IERN & LEVY P C 2. When the Property is developed, the architectural design and building materials and colors of the Car Wash building will be substantially as depicted on the exhibit entitled "SECTION/ELEVATION SELF SERVE & AUTOMATED CAR WASH SOUTH INDEPENDENCE & SILVERLEAF DRIVE," prepared by Porterfield Design Center dated May 20, 2003, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Rendering"). 3. When the Property is developed, the car wash shall have a monument style freestanding sign no greater than ten feet (101 in height with a base of split face block matching that on the building. The freestanding sign shall be substantially as depicted on the exhibit entitled "Freedom Wash Freestanding Sign" dated May 20, 2003, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Sign Elevation"). Building mounted signage complying with the requirements of all applicable City Ordinances will be located on that section of building designated "Mech. Room" on the Layout Plan which is closest to Silverleaf Drive. 4. When the Property is developed, all lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as part of the formal site plan submission for review by the Planning Department to determine consistency with Crime Prevention Through Environmental Design (CPTED) principles and practices. Lighting shall be installed and operated as shown on the approved plan. All lighting shall be directed inward and downward within the site. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by Kempshire 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 3 PREPARED BY SYKES. BOURDON. AHERN & LEVY. P C i 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 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 if not so recorded, said instrument shall be void. Kempshire covenants and agrees 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, Kempshire 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 name of Kempshire and the Grantee. rd PREPARED BY SYKES. BOURDON. AHERN & I.M. PC WITNESS the following signature and seal: GRANTOR: Kempshire Enterprise, L. L. C . , a Virginia limited liability company By: (SEAL) Chris T. Giroux, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 27th day of May, 2003, by Chris T. Giroux, Managing Member, Kempshire Enterprises, L.L.C., a Virginia limited liability company. My Commission Expires: August 31, 2006 5 Notary Public PREPARED BY SYKES. ROURDON. • AUERN & LEVY. P C WITNESS the following signature and seal: The Commonwealth of Virginia T By District Right of W y & UtilitiestSEALManager §IkTE OF VIRGINIA QV/COUNTY OF Suffolk ,to -wit: The foregoing instrument was acknowledged before me this 28th day of May, 2003, by Oliver Warren Williams ,Dist. RIW & Util. Mcrr.of The Commonwealth of Virginia. �)&' A. P.A"aqt*(eCjL Nciary Public My Commission Expires: March 31, 2005 �*l EXHIBIT "A" PARCEL ONE: All that certain lot, piece or parcel of land, with any improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "Parcel 49,000 H-4", as shown on that certain plat entitled, "AMENDED PLAT RESUBDIVISION OF PARCEL 1, TIMBERLAKE SHOPPING CENTER AND PARCEL 49,000 H-1-A AND PARCEL 49,000 H-2", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 242, at Page 36. GPIN: 1476-77-6371 PARCEL TWO: A portion of that certain lot, piece or parcel of land, with any improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "PARCEL 49,000 H-1-A-1 ", as shown on that certain plat entitled, "AMENDED PLAT RESUBDIVISION OF PARCEL 1, TIMBERLAKE SHOPPING CENTER AND PARCEL 49,000 H-1-A AND PARCEL 49,000 H-2", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 242, at Page 36. GPIN: 1476-77-9197 C0NDPXZ0NE/EEMPsHRE/PR0MR PREPARED BY • SYKES. BOURDON. ARM & LEVY. PC 7 0 rR r� t r. OUR HP"!Af "P LOUIS R, JONES VICE MAYOR City- of Vir i r�i a a I I July 31, 2003 i i M. RUTH SMITH, CITY CLERK City of Virginia Beach Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: TE-3each PHONE (757) 582.017T FAX (r) 58B-4e_59 On Wednesday, August 13, 2003, an application of Berkshire -Hudson Capital XI, LLC will be considered by the Virginia Beach Planning Commis- sion. (APPLICATION #FIO-+CRZ-2002) . I wish to disclose that as -owtie>r and President k Hollomon-Brown Funeral Home, Inc. I am the owner of the parcel proposed for re -zoning and have a direct interest in the outcome of the Planning Commission and ultimate City Council decision pertaining to the rezoning. Therefor, I will not be personally participating in the hearingsi or ultimate City Council vote on the matter. Please insure that this letter of di$closure is made a part of the public record. Sincerely i Louis R. �es Vice -Mayor LRJ : lh 1008 WITCH POINT TRAIL, VIRGINIA BEACH, VA 23455.5M 70 'd t't'' t'Z 20, ZS 11Y 11OH ISSyt%88SZSZ : ' eJ NMUJ8NOW0 ��•WWW a f Gpin 1475-93-4018 ZONING HISTORY 1. 2-26-91: Rezoning (R5-D Residential to Conditional 0-1 Office and R5-D Residential) - Approved 2-22-88: Rezoning (R-8 Residential to B-2 Business) and Conditional Use Permit (Gas pumps) - Denied 6-10-85: Subdivision Variance - Denied 2 8-28-90: Rezoning (B-2 Business to Conditional A-18 Multiple -family) - Approved 12-12-88: Conditional Use Permit (Mini -warehouses) - Approved s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Berkshire -Hudson Capital XI, L.L.C. — Change of Zoning District Classification MEETING DATE: September 9, 2003 ■ Background: An Ordinance upon Application of Berkshire -Hudson Capital XI, LLC for a Change of Zoning District Classification from 0-2 Office District and R-5D Residential Duplex District to Conditional B-2 Community Business District on the northeast corner of Salem Road and South Independence Boulevard (GPIN 1475934018). The Comprehensive Plan recommends use of the 0-2 zoned portion of the site for retail, service, office and other compatible uses serving surrounding neighborhoods and communities. The Comprehensive Plan recommends use of the R-5D zoned portion of the site for residential uses above 3.5 dwelling units per acre. DISTRICT 1 — CENTERVILLE. ■ Considerations: This site was zoned R-S 2 Residence Suburban District until 1973. In 1973 the site was zoned R-8 Residential District. A request for a Subdivision Variance was denied in June 1985. In February 1988, a request for a Rezoning from R-8 Residential District to B-2 Community Business District and a Conditional Use Permit for gas pumps was denied. In February 1991, 3 154 acres of the site was rezoned form R-5D Residential District to Conditional 0-2 Office District for the purpose of constructing a funeral home. The applicant proposes to rezone the site from the current Conditional 0-2 Office District and R-5D Residential District to Conditional B-2 Community Business District The applicant desires to construct a drug store and complementary strip center of commercial or office uses Two buildings, associated parking and extensive landscaping are proposed for the site. Access to the site is proposed from South Independence Boulevard and Salem Road A left -turn only at a new proposed median cut on Salem Road is proposed The design of the proposed left turn lane crossing the median on Salem Road is only conceptual at this time Final design of the turn lane is subject to the approval of the Public Works Department Staff recommended approval There was opposition to the request Berkshire -Hudson Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request as proffered ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval Submitting Department/Agency: Planning Departmen City Manage . S ��- :BIE R K - SHIRE=HUDSON CAPITAL XI, LLC / # 1 August 13, 2003 General Information: APPLICATION NUMBER: F10-211-CRZ-2002 REQUEST: Change of Zoning District Classification from Conditional 0-2 Office District and R-5D Residential District to Conditional B-2 Business District. ADDRESS: Property located on the northeast corner of Salem Road and South Independence Boulevard „ / , � f r` t , �• t Y A z F GPin 1475--93-4018 NIA BF., Planning Commission Agendas Y August 13 2003 - BERKSHIRE-HUDSON CAPITAL XI, LLC / # 1�,�:= Page 1 GPIN: 14759340180000 ELECTION DISTRICT: 1- CENTERVILLE SITE SIZE 4.964 acres STAFF PLANNER: Faith Christie PURPOSE: To rezone the property from Conditional 0-2 Office District and R-5D Residential District to Conditional B-2 Business District and construct a drug store and complementary strip commercial / office center Major Issues: • Compatibility with the surrounding neighborhoods. • Consistency with the policies of the Comprehensive Plan Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The property is undeveloped and is zoned Conditional 0-2 Office District and R-5D Residential District. Surrounding Land Use and Zoning North: . Salem Lakes / Semi-detached single-family dwellings / R-5D Residential South: • South Independence Boulevard • Across South Independence Boulevard are single- family dwellings / R-5D Residential East: • Salem Lakes / Semi-detached single-family Planning Commission Agenda August 13 2003 BERKSHIRE-HUDSON CAPITAL XI, LLC / # 1 Page 2 dwellings / R-5D Residential • South Independence Boulevard • Across South Independence Boulevard are single- family dwellings / R-5D Residential West: . Salem Road • Across Salem Road are single-family dwellings / R-10 Residential Zoning and Land Use Statistics With Existing Within the Conditional 0-2 Office District portion of the Zoning: site, the only use permitted is the operation of a funeral home Within the R-5D Residential District portion of the site, any of the uses permitted in the district such as single family or duplex dwellings, churches and childcare facilities, public buildings and uses, recreational uses, and schools With Within the proposed Conditional B-2 Community Proposed Business District, the only uses permitted are a drug Zoning: store and retail facility and an additional structure to be utilized as commercial or professional offices as specified in the proffer agreement. Zoning History Until 1973, the site was zoned R-S 2 Residence Suburban District From 1973 to 1988, the site was zoned R-8 Residential District. In June 1985, a request for a Subdivision Variance was denied In February 1988, a request for a Rezoning from R-8 Residential District to B-2 Community Business District and a Conditional Use Permit for gas pumps was denied In February 1991, 3.154 acres of the site was rezoned form R-5D Residential District to Conditional 0-2 Office District for the purpose of constructing a funeral home The Planning Commission Agenda August 13 2003 BERKSHIRE-HUDSON CAPITAL XI, LLC / # 1 Page 3 following proffers were attached to the request 1. The property shall only be used for the operation of a funeral home which is a principal use in an 0-2 Office District; 2. The lot line separating parcels B-1 and B-2 on the plat of "Subdivision of Parcel "B" as shown on the survey of property for Mattie S Fentress made by Talbot & Associates, Ltd , and duly recorded in Map Book 161, Page 34," as a condition of the property being granted a Conditional Rezoning for operation and use of a funeral home under an 0-2 classification, shall be vacated and parcels B-1 and B-2 resubdivided into one parcel, which subdivision shall be recorded as a condition of the 0-2 zoning; 3 The site plan prepared by John Shine and Associates, Ltd , Surveyors, Engineers and Planners, dated October, 1990, entitled "Preliminary Site Plan for Hollomon-Brown and Snellings Funeral Homes," which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department, shall be substantially adhered to so that there shall be coordinated development of the site in terms of design, parking layout, access and traffic control and circulation within the site and access to and ingress and egress from Salem Road reasonably acceptable to traffic engineering. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana. The United States Navy did not comment on this request Public Facilities and Services Water and Sewer There are 16-inch water mains in Salem Road and South Independence Boulevard fronting the site An eight -inch water main also exists in South Independence Boulevard fronting the site. The site must connect to City water. A ten -inch sanitary sewer main and a 16-inch sanitary sewer force main exist in Salem Road fronting the site The site must connect to City sewer. A pump station and sewer analysis shall be required to determine if the new sewer flows can be accommodated. A pump station upgrade may be required Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Planning Commission Agenda August 13 2003 BERKSHIRE-HUDSON CAPITAL XI, LLC / # 1 Page 4 Salem Road in front of this site is a four lane divided minor suburban arterial. It is designated on the Master Transportation Plan (MTP) as a 120 foot divided right-of- way with a scenic buffer and a multi -use trail South Independence Boulevard in front of this site is a four lane divided major suburban arterial. South Independence Boulevard along this site is depicted on the MTP as a 120 foot divided right-of-way with a scenic buffer. The design of the proposed left turn lane crossing the median on Salem Road is only conceptual at this time. Final design of the turn lane is subject to the approval of the Public Works Department. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Salem Road 13,000 ADT' 28,2000 ADT' Existing Land Use 2 - 393 South Independence 17,000 ADT' 32,500 ADT Proposed Land Use 3-1,314 Boulevard 'Average Daily Trips 2 as defined by the existing 0-2 Office District 3 as defined by the proposed retail / commercial / office uses Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site A photometric lighting plan indicating the number and types of lighting should be submitted as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention through Environmental Design (CPTED) principles and practices While lighting fixtures are installed along streets and in parking areas are for Planning Commission Agenda August 13 2003 BERKSHIRE-HUDSON CAPITAL XI, LLC / # 1 Page 5 illumination purposes, all fixtures should be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and city streets. Lighting should be directed down at the ground and not horizontally or up in the air Fire and Fire hydrants shall be within 400 feet of the commercial Rescue: structures. Private fire hydrants must be maintained annually as identified in N F.P.A. 25 Fire Department concerns will be addressed during the building permit process Fire lanes may be required after occupancy of the site. A Certificate of Occupancy shall be obtained from the Building Official before occupancy of the structures Comprehensive Plan The Comprehensive Plan Map designates the R-5D Residential portion of the site as Suburban Residential / Medium and High Density, planned for residential uses at or above 3 5 dwelling units per acre. The 0-2 Office portion of the site is depicted as suitable for office and retail uses within commercial centers serving surrounding neighborhoods and communities The Citywide policies section of the Comprehensive Plan document notes "where desired by the community, we should support proposals for new or readapted development that carefully integrates residential, commercial, employment and other acceptable uses for the purpose of achieving a complementary well -organized, efficient and attractive arrangement of land uses " Summary of Proposal Proposal • The applicant proposes to rezone the site from the current Conditional 0-2 Office District and R-5D Residential District to Conditional B-2 Community Business District and to construct a drug store and complementary strip center of commercial or office uses Two buildings, associated parking and extensive landscaping are proposed for the site Planning Commission Agenda August 13 2003 BERKSHIRE-HUDSON CAPITAL XI, LLC / # 1 Page 6 Site Design The submitted preliminary site plan depicts an oddly shaped rectangular site with a triangular piece on the eastern side of the site. The proposed drug store fronts on both South Independence Boulevard and Salem Road, and is situated 90 feet, at its closest point, from South Independence Boulevard, 90 feet from Salem Road and 130 feet from the adjacent residential district A storm water management facility is proposed as a focal point on the site at the intersection of the rights - of -way. • The commercial / office building is proposed behind the drug store and fronts on Salem Road. The building is proposed at 200 feet from Salem Road, 60 feet from residential neighborhood to the east, and 70 feet from the residential neighborhood to the north. The triangular portion of the site is to be left in its natural vegetative state with supplemental plantings where needed. A meandering and undulating berm is proposed along both rights -of -way. The proposed buffers adjacent to the residential districts exceed the minimum buffer width requirements Vehicular and Pedestrian Access • On the eastern portion of the site an entrance is proposed from South Independence Boulevard. A proposed right turn in / right turn out entrance is proposed on Salem Road A median break and left turn only into the site is also proposed from Salem Road. The design of the median break and left turn only into the site is conceptual at Planning Commission Agenda August 13 2003 BERKSHIRE-HUDSON CAPITAL X1, LLC / # 1 Page 7 this time and subject to the approval of the Public Works Department • Sidewalks exist along both streets Connecting sidewalks from the public sidewalk into the site are proposed on the preliminary site plan. Additionally interior sidewalks connect the proposed buildings and parking areas. • The preliminary site plan depicts 162 parking spaces. This exceeds the required number of spaces for the site and should alleviate any concerns of parking in the adjacent neighborhoods On -site vehicular maneuvering is adequate. Architectural Design • The submitted architectural elevation depicts an attractive one-story brick building for the drug store. Several architectural details provide visual interest in the structure. A stepped cornice parapet conceals the flat roof and mechanical equipment. Accent towers with an arched signage area and keystone details face both Salem Road and South Independence Boulevard A standing seam metal canopy covers a breezeway and the entrance into the store A brick accent band and decorative faux brick archways provide detail along the building walls. Split - faced block provides a water table base • The submitted architectural elevation for the commercial / office structure depicts a building design very similar and complementary to the proposed drug store The unit fronts are covered with standing seam metal canopies, and accent towers are proposed at each end of the structure. A stucco -like finished area provides space for signage. Landscape and Open Space • The submitted preliminary site plan exceeds minimum requirements for street frontages and buffer areas The proposed plan depicts a storm water management pond as the focal point of the intersection of Salem Road and South Independence Boulevard. Along the street frontage, a meandering and undulating berm is also proposed • In the interior of the parking area several landscape islands are connected via a sidewalk from Salem Road to the commercial / office building • Buffer areas ranging in width from 40 feet to 70 feet are depicted adjacent to the residential districts The applicant indicated to staff that plant material, which exceeds the minimum size requirements, would be planted in these areas to effectively buffer the residential district. Planning Commission Agenda August 13 2003 BERKSHIRE-HUDSON CAPITAL XI, LLC / # 1 Page 8 1N1A BEpC ro° % 1- ti � J • The applicant also proposes to maintain the triangular piece on the eastern side of the site in its natural state, supplementing plants where needed. Proffers PROFFER # 1 The Property shall be developed for a drug store / retail facility, together with one additional structure to be utilized as commercial and / or professional offices. Staff Evaluation: The proffer is acceptable as it limits the proposed uses on the site The proposed uses will be complementary to the surrounding neighborhoods serving as a neighborhood center. PROFFER # 2 The site layout shall be developed substantially as shown on that certain exhibit entitled "Eckerd Salem Road & S. Independence Blvd., Virginia Beach, Virginia" prepared by JDH Capital and dated 7/28/03, which has been exhibited to City Council and is on file with the Planning Department Staff Evaluation: The proffer is acceptable as it insures that the site will be developed in accordance with the submitted preliminary site layout plans The submitted preliminary site plan depicts a coordinated development of the site in terms of design, parking layout and traffic control and circulation within the site. The design of the proposed left -turn only median break on Salem Road is conceptual only, pending revisions by the applicant and final approval by the Public Works Department PROFFER # 3 The architectural design of the drug store on the Property shall be substantially compatible with the architectural style and materials reflected in the renderings set forth in the exhibits entitled "Proposed Eckerd Drug Retail Facility, Salem Road and South Independence Boulevard, Virginia Beach, Virginia" which have exhibited by City Council and are on file with the Planning Department Staff Evaluation: The proffer is acceptable and insures that the proposed drug store will be constructed in accordance with the Planning Commission Agenda August 13 2003 BERKSHIRE-HUDSON CAPITAL XI, LLC / # 1 Page 9 submitted elevations and of high quality matenals PROFFER # 4 The architectural materials and style of the structures located adjacent to the drug store shall be substantially compatible with the architectural style and materials utilized for the drug store facility. Staff Evaluation: The proffer is acceptable as it insures that the strip commercial / office structure will be constructed of the same quality materials and design as the drug store PROFFER # 5 A left -turn only median break shall be permitted on Salem Road subject to final design approval by the Department of Public Works. Staff Evaluation: The proffer is acceptable The design of the proposed access form Salem Road is only conceptual at this time The proffer insures that the final design of the median break and left turn lane will be reviewed and approved by the Public Works Department to ensure that the design is safe and meets adopted traffic engineering standards City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated July 28, 2003, and found it to be legally sufficient and in acceptable legal form. Evaluation of Request The request to rezone the site from Conditional 0-2 Office District and R-5D Residential District to Conditional B-2 Business District is acceptable as proffered The planned project will serve the immediate area with a drug store and strip commercial and office center. The proposed buildings will be constructed of high quality building materials complementing the surrounding neighborhoods. Parking exceeding the minimum requirement, yet not excessively so, is proposed, thus alleviating concerns of spillover parking within the adjacent neighborhood The proposed landscaping and buffer areas exceed the minimum landscape requirements for commercial sites thus providing more of a neighborhood center atmosphere. The applicant and staff worked diligently on this site to produce a quality product that is complementary to the surrounding area and not intrusive into adjacent neighborhood Planning Commission Agenda August 13 2003 BERKSHIRE-HUDSON CAPITAL XI, LLC / # 1 Page 10 This is in keeping with the recommendations of the Comprehensive Plan in that the proposed project should integrate residential, commercial, employment and other acceptable uses for the purpose of achieving a complementary well -organized, efficient and attractive arrangement of land uses. Staff, therefore, recommends approval of the request to rezone the site from Conditional 0-2 Office District and R-5D Residential District to Conditional B-2 Business District as proffered. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. Planning Commission Agenda August 13 2003 BERKSHIRE-HUDSON CAPITAL XI, LLC 1 # 1 Page 11 k. a1� ititiElft� cr MZ ��HU 1 1 i o :•K trii tJ a8o4 ,: �,• �:, � � as ��" ?off �o� <ov � x ' '="*i'1 e { �,`�NSA aeq�ya Planning Commission Agenda 13 2003 August �`=� • = =; BERKSHIRE-HUDSON CAPITAL XI, LLC / # 1 Page 12 af sawl 1 1, 1 ZODIAC LANE i t Planning Commission Agenda August 13 2003 BERKSHIRE-HUDSON CAPITAL XI, LLC / # 1 Page 13 �.r,1n $FqC Planning Commission Agenda August 13 2003 BERKSHIRE-HUDSON CAPITAL XI, LLC yw� e Pag 14 f POOVM #WM SQUAM Poor WTAL r— — 7•2'TCWAL 4'-i�li'x 37' 2' 3w F �z� r 4 PWCWff A"M �ss�nrwAe►+7Kw rra� t__1—,a*-- i _q a�azAR ii��i� r y. jp • Mwl _ ■ _ 19.11. fu%M f �IAT�ON Chandler NEW SITE �..r Signs N E.C. SALEWiNDEPENDENCE ' r VIRGINIA BEACH, VA eao en•raz Planning Commission Agenda August 13 2003 - s' BERKSHIRE-HUDSON CAPITAL XI, LLC / # 1 �• : =yj Page 15 yt✓i�U b�AC v Planning Commission Agenda Et August 13 2003 BERKSHIRE-HUDSON CAPITAL XI, LLC e Pag 16 DISCLOSURE STATEMENT Applicant's Name* List All Current Property Owners berks'hyrc--HWson gal_,Ltal X1, LLC Hoi l u -tku, Brown nmera l iiMC , i r.c . PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below. (Attach list if necessary) See ,,eparcate Disclosurc StatCitent Att'..;tt?.Cx HCreto 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) Q Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization It the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below. (Attach fist 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) Bor'lk hire--thxdson Capital XI, SAC, a �torth Caroliia la.z Ai,: ti 1 inhz t I ty q� nr_Mje�rs: mar; Davies, David Hill and J, s F'aga:� ❑ Check here if the property owner is HOT a corporation, partnership firm. or other unincorporated organization. CERTIFICATION ! certify that the information contained herein is true and accurate. MvpGan, navies Signar Print Name Conditional Rezoning Application Page 10 of 1 Planning Commission Agenda August 13 2003 BERKSHIRE-HUDSON CAPITAL XI, LLC / # 1 Page 19 OSURE STATEMENT Applicant's Name List All Current Property Owners- milem,-,n. PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below. (Attach list if necessary) 3 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 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) Cl Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION. i certify that the information contained herein is tree and accurate � A-)u i S_R : Jones, Signature Print Name Conditional Rezoning Application age 10 of 14 " Planning Commission Agenda _ �' August 13 2003- BERKSHIRE-HUDSON CAPITAL XI, LLC / # 1 Page 20 Item 91 Berkshire -Hudson Capital, XI, LLC Change of Zoning District Classification Northeast corner of Salem Road and S. Independence Boulevard District 1 Centerville August 13, 2003 CONSENT Ronald Ripley: Okay. The next order of business is our Consent agenda and Dot Wood will conduct this portion of the agenda. Dot. Dorothy Wood: Thank you Ron. This afternoon we have 16 items on our consent agenda. As I call the item, will you please step to the podium, either the applicant or the applicant's representative, and state your name, you have read the conditions, and if you agree with them. Again, as Ms. Anderson has said, if there is any objection to any item please come forward also. We will drop that to its regular place in the agenda. We want everyone to have an opportunity if they have an objection to state that objection. The first item is Item #1, which is Berkshire -Hudson Capital. Robert Miller: We have opposition to that item. Dorothy Wood: I'm sorry. We do have opposition to number one. We'll have to drop that down. REGULAR Ronald Ripley: Now we're going into the regular agenda and we have, as I see it there are about nine items to be heard today. So Mr. Miller, would you call the first item. Robert Miller: The first item is Item #1, Berkshire -Hudson Capital XI, LLC. R.J. Nutter: Thank you very much Mr. Chairman. Mr. Miller, thank you for introducing us. There will probably be a few people leaving this room happy today. I think because of the length of your agenda today I'm going to be very, very brief and just listen to the opposition and then respond. But I did want to point out that this case was on your consent agenda. We're very happy with it. The staff has given a very warm recommendation of approval. And as you can see it's an extremely heavily landscaped site, and we're very proud of what we've been able to accomplish here. One thing that I would like to briefly correct, when Stephen was running through the initial evaluation of the application, we had an additional 25,000 square foot of retail. Actually, we originally started out with about 25,000 square foot of additional retail. We now have just over 10,000 square feet. We cut that by more than half so, I just wanted to let you know that in the 37 plus cases and Comprehensive Plan and everything else, I could understand that how a detail like that might slip by. I did just want to point that out to you and will be happy to respond after the person in opposition spoke. Ronald Ripley: Mr. Miller. Robert Miller: Mr. Charles Brockley. Charles Brockley: Thank you for taking time to listen to my opinion this afternoon. My name is Charles Brockley, and I reside at 1809 Salem Road. I live directly across the street from the proposed Eckerd's and will be the person most affected by the store. I'm opposed to its location for a variety of reasons. First, the trash from the parking lot will end up in my front yard. Second, this is a residential corner not a commercial corner. There are residents on three of the four corners. Unlike the intersection that Rite -Aid less than a mile up the road that has a church, a golf course and a swim club on its other corners. The third is there is no need for a drug store on this corner. Besides the Rite - Aid, there is a Walgreen's, a Kroger, a Wal-mart, a Target and a Farm Fresh all containing pharmacies less than a mile from this corner. There are better uses for this property. It was originally sold to a funeral home operator for a funeral home to be put there. A limited use facility, such as that would add value to the neighborhood not detract, which is what an Eckerd on that corner would do. Let me state that I'm not opposed to Eckerd itself, just not one being built less than a 100 yards from my front door. Thank you again for considering my opinion and how it would affect me in your decision making process. Ronald Ripley: Thank you very much. Does anybody have any questions for Mr. Brockley? Mr. Brockley? Would you please point out where your house is located? Could we get a site plan up to see that please? Charles Brockley: Right here. Ronald Ripley: Thank you. Mr. Miller, any other speakers? Robert Miller: There are no other speakers. Ronald Ripley: We have a lady that raised her hand. June Houston: Good afternoon everyone. My name is June Houston. I live at 1814 Rainbow Court, which is directly behind the facility that they're building. My house is right here. There building directly behind my fence, which according to the plans here is going to be some type of alley here. We've had problems with crime during the summertime and sometime during the wintertime just in our neighborhood alone. To me, this is going to increase it and definitely put me, and my family in danger. This could go closer to the street and like the gentlemen before me said, "we don't need no commercial building" where we live. It can go someplace else. Ronald Ripley: Thank you very much. Any questions? Thank you very much. June Houston: Thank you. Donald Horsley: Would you show us on the map where you live? June Houston: My house is right there. Ronald Ripley: Mr. Miller, anybody else? Robert Miller: I don't believe so sir. Ronald Ripley: Thank you very much. Mr. Nutter, would you like to readdress please? R.J. Nutter: Yes sir. I'll be happy to do so. Thank you very much and always happy to have the opportunity to comment. We have taken great pain quite frankly to make sure that this does exactly what your staff wanted to have happen here and that is quite frankly, to be able to introduce a low volume user on a major intersection where residential has been stressed at that intersection, quite frankly. I not saying that there isn't residential there but with R5-D zoning it's going to run a stressful situation on the product that's there today, and this is would be a high density product and not to mention the fact that this puts additional pressure on the school system. So in result, we tried to locate the building in a matter that's far away from the interchange. In fact, its hard to look at this plan and get the scale of it, but to give you some idea of the distance between here and just the paving area is over about 120 feet to give you some idea of the amount of open space and green area and landscaped area that you're going to have at this location. So it's taking a site that is a difficult point. You've got residential behind it that was not developed down to the corner. We did this piece out to defend for it self. And, I think, quite frankly staff s recommendation is giving their correct assessment here, and that is a site that does in fact serve and protect and compliment the surrounding area and not intrusive into adjacent neighborhoods. One other thing that I would like to point out for the lady who lives behind here is, and she may not realize this, she lives here, this portion of the property is zoned 0-2. There are no height limits in the 0-2 district. This should have 75 feet. But she could easily have a 35-foot structure plus in that district. In fact, she could have a higher structure, as Mr. Miller knows, back about 100-foot back in the parking lot. It could greatly impact her quality of life. Instead, this is a one-story structure. It is separated by 25-foot bermed area and treed area to protect the residents along that part, which is if you know is almost double what your requirements are. The building itself is set back 45 feet from her property line. So, we've really endeavored to make sure that we don't intrude into those areas. So, I think I have to side with your staff on this one. I understand the concerns but I think the alternatives may be worse quite frankly than this application. But thank you very much. I appreciate the opportunity. Ronald Ripley: Do we have any questions of Mr. Nutter? Mr. Din. William Din: Is there a fence also with that buffer? R.J. Nutter: We, at this point, there's no fence shown at this point in time. It's category four landscaping is required. It does not have a fence. And, quite frankly, part of the concern we hear is comments from several people, and those people may want to walk to this facility from the back. We don't know if that is going to happen or not but we don't have a fence at this point. Ronald Ripley: Mr. Crabtree. Eugene Crabtree: Yes, Mr. Nutter, do you have any proposal as to what the businesses are going to be other than the drugstore in that strip mall? R.J. Nutter: Yes sir. We've rented those only to commercial or offices so it could be a combination quite frankly. We anticipate that. Frequently, we have a lot of requests for beauty salons or tanning facilities. All small neighborhood service facilities that often at times involve many facilities with also existing large locations. Quite frankly, a lot of people don't feel comfortable going to a large location for a simple service. And, that's why this would be an excellent introduction to this area. And, we have of course coordinated all the traffic issues as well so this would not produce a problem. Ronald Ripley: Mr. Miller has a question. R.J. Nutter: Oh, yes sir. Robert Miller: Two things. One is, and Mr. Brockley mentioned the trash. I'm sure you do have proposals for dumpsters on the site, and I'm confident that you will tell that the staff will be happy to maintain the property very well. I think that's something that would be helpful to know that there are and are there multiple dumpsters on the site? R.J. Nutter: There would be a series. There will be some for the commercial area as well as the commercial and office area in addition to the Eckerd's. And, these would be managed by some company which is also very nice that you have a current maintenance scheme and quite frankly, these locations have always prided themselves on how clean they are, and I think one evidence of that is the level of quality they built into the architecture. You probably know this that it is almost an all brick building. And, while Stephen did not have on his Power Point presentation this morning on what the commercial area looks like but this will show you. This is almost an all brick facility. Standing seam, metal roof. These are canopies here with a brief interruption here and then we did these two towers at both ends. You only need to accent the Eckerd's site and that's all brick. So it's a very, very attractive. These are all covered walkways. It's a very, very architectural pleasing site. As you can see, that those proffers were designed to match the Eckerd's. Robert Miller: Another point Mrs. Houston brought up was the crime issue. I'm sure the site is well lighted, and I know that you didn't go through your full presentation so we're kind of going backwards into the pieces of it. Would you also address the lighting being directed on the site? R.J. Nutter: I'll be happy to. All of the lighting on this site is directed inwardly and toward the site and away from the adjacent residential and also away from the interchange. And, one of the nice things about this for the adjacent neighborhood particularly, I guess just to the northeast of this of site is that we are leaving much of those treed areas all those completely intact, which was not necessary. We wanted to make sure that we did that. We've tried, in fact, to compensate for the trees that we do have to take down by extra large landscaped areas and extra amount of canopy cover that we are planting. Ronald Ripley: Can you go over the landscaping plan with us please? It appeared to the Commission this morning that it was a very generous landscaping buffer plan, and could you explain what's going on in those areas? R.J. Nutter: I'll be happy to do that. It's just about a five -acre site. This entire section of the property, which at one point, was owned actually by the City and was acquired back when this recorded for a storm water site, not necessary when it became part of this site. That is a heavily treed area, and those trees will be remaining to the extent, and we agreed with staff for extended period. In our thin areas, we would supplement additional planting on that area. Along the back portion, the northeastern portion of the portion of the property, we elected a 25-foot area. Ronald Ripley: Mr. Nutter, you might want to get closer to the mic. R.J. Nutter: I'm sorry. I apologize. I'll do this. With regard to the area adjacent to the residential, we've left in a 25 foot wide landscaped area and agreed, again, to supplement that area with additional trees. Along this portion of the residential, which I think is actually the northern portion of the site, this buffer actually goes from 50 feet to almost 75 feet from the buildings here. That, also agreed, is to be leaving the trees intact at that location. Then along Salem Road and S. Independence we've agreed to put perimeter berming. It's a four -foot high berm that will go along this entire portion of the property. In addition to supplementing the landscaping through these areas, we've also put in much more interior landscaping than was otherwise required. Even down to landscaping the island as people enter the site from S. Independence Boulevard and the reason, quite frankly is so that when cars enter the site from S. Independence, this is angled so that the car lights will not shine into that residential area. We've located the drive-thru facility on the site between the office and commercial area and the building. So, again, it's not to put any lights into the adjacent residential areas. They will be coming in here, come around and down here into the area. Again, all of the emphasis for making sure that there would be no bleed over of even car lights into the adjacent residential area. At a very significant corner, the intersection of S. Independence and Salem, we paid a lot of attention. In addition to the berming, we've talked about landscaping. We've moved the building back and left this large area for green space. And again, from this point to this point is a 120-feet of area, which at this point as the properties around here are developed right now a developed portion, this would be the largest buffer area at the intersection right now. So, we'll set a nice standard for development at subsequent intersection, as they come forward over time. And, we think a very lovely impact. We produced everything down to staff We agreed on a wonderful plan, an extraordinary amount of work on the site. Right now, we have two accesses to this site on Salem and S. Independence. Each of those accesses are "right -in", so, at this point we agree to reconstruct the median break on Salem, so we have a dedicated "left turn in" only. It is not a full median break. It's a dedicated left turn so it does not impact traffic going in either of the two directions. It's exactly the same type feature you see on the Target feature further up the road. And, only that one particular is 200 feet from the intersection. This one is actually 400 feet from the intersection. So, it has features that are tried and proven successful throughout the City, and we've gone, we think, overboard in landscaping to make sure that we don't impact the adjacent residential area. Ronald Ripley: Okay. Are there any other questions? I think Joe Strange has a question. Joseph Strange: Yeah. I'd like you to address any type of effort that you might have made to keep that big Oak tree that's right in the middle. R.J. Nutter: Yeah, I know. That was very painful I must say. Know one wants to impact a tree like that but sometimes its just impossible not too. We looked at moving this building all over the place. And, I will tell you that biggest problem is that tree is just right square in the middle of where almost anything you do in this region effects that tree. And, I think the staff write-up or someone pointed out that current zoning of the property wouldn't protect the tree either, but we did try at great length to try to protect the tree. As a result of not being able to protect that one, we worried where we could protect them in this area. We can put the BMP here and the building closer to the intersection and make Eckerd very happy. We didn't do that. Staff asked us to move it back, preserve this area and preserve this area. So, where we could preserve the large trees on the site we tried to do so. Ronald Ripley: Okay. Are there any other questions? I think Ms. Houston raised her hand. Did you have new information? Mr. Miller, I think you mentioned to me that you would sponsor her. Would you like to come back up? It needs to be new information. June Houston: The gentlemen stated that some residents would like to walk through the back way to go to Eckerd's that he prescribed. The only way to back here through the neighborhood is to walk between two homes. That's all private property and part of it is not fenced in, and right now a lot of kids and people do walk back there and walk along the fence to come out to the main street. But if they build this, I'm quite sure that the owners will cut that off, which mean that the people still have to come all the way down and around in order to get to these two buildings. Ronald Ripley: So? June Houston: So, I'm saying that it's not that there's going to be a short cut for anybody in our neighborhood to go to these places. They're going to have to either walk around or drive around to get there. It's not a convenient thing. Ronald Ripley: Would you rather have a fence there? June Houston: Well, those are not my properties. I don't know. I have a fence that needs to be replaced, but it doesn't protect me if there's an alley back here between two buildings. Between my fence and his fence there's going to be an alley whether it's lighted or not, this still establishes opportunity for crime if somebody wants to commit a crime. There's nobody to watch that area. Ronald Ripley: So, there's no way to get to the property unless you walk down Zodiac, come down the sidewalk on Salem? June Houston: You have to come down Rainbow, go down Zodiac and get onto Salem. But right now, the property is opened between two other homes right next to me. I'm in the duplex. And right next to me, this lady has her property partially fenced but you can go along her house to get to that area, but people right across her can do the same thing. Ronald Ripley: Okay. Yes Dot. Dorothy Wood: You know there could be an office building, and it would be taller, as Mr. Nutter mentioned. And, I think the property would have more difficulty with security if that were a three-story office building. That would block your sun. June Houston: That's true. Dorothy Wood: That could be done by right. June Houston: Any kind of building that is going to be put in this position back behind m house is going to be a problem for me. Dorothy Wood: You know, they could build an office building. This is what we thought was a better use of the property. Ronald Ripley: Well, the question that I thought I heard was people walking through other people's property to get to this property, and if that's going to be a concern then perhaps Mr. Nutter might address that. Maybe we ought to consider a fence running along that area and that way you wouldn't have that problem. June Houston: It's better than the way the security is done right now. Ronald Ripley- I think it might be. Thank you very much. June Houston: Thank you. Ronald Ripley: Mr. Nutter? R.J. Nutter: I can't see behind this. I apologize. Ronald Ripley: Would the applicant have a problem doing that, providing a fence along that perimeter to avoid people walking and trespassing? R.J. Nutter: If I was to check with that between now and Council. We'll be happy to look at that as for your recommendation. I would tell you, that the area that we've heard a lot of questions about, were people coming in. We heard that people didn"t want to drive to the site. They didn't want to get out of their cars and drive. The City owns, in fact this came up during the early session as well. The City owns this piece of property right here on the corner of Zodiac and Salem. And they purchased the property for a BMP, which is there today as a dry BMP at that location today. But, one or two comments that we have that people walk down Zodiac, and we did not, and I'm not trying to confess to anyone who's walked through anyone's backyard. That truly would be trespassing. So, no one is supposed to be back there for cutting through there anyway. But, the area they would come in, they would walk in to the site that way without have to reverse it with their car and that would go across public property. And, in fact, at one point, this was even considered a vehicular access way, but we did not want to have vehicular access to commercial area that close, frankly, to the residential area. So, we discarded that concept early on in the process. But, we'll certainly heavily look at that and see. We don't believe it's going to present a problem here. The law already prevents, quite frankly, people from going through there, and it hasn't come up. So, I'm not sure the fencing would be necessary along that portion of the property. There may be people who live along that line, quite frankly that would want to access that property in that fashion. So, if you will do this. If you want to make it a condition you look at between now and Council, and I simply don' t know if they are in a position to do that at this point given all the work that they've done to make this as attractive as they have. Ronald Ripley: You're not going to let a fence stand in the way of your rezoning? R.J. Nutter: No, not at all. Ronald Ripley: Okay. R.J. Nutter: That's what I'm politely trying to say, but before I agree to something. A fence does two things. It protects some and injures others. And, you never know who you're helping and who you're hurting in that process. So, some parts of the neighborhood love them and other parts of the neighborhood don't like them at all. Ronald Ripley: Thank you very much. R.J. Nutter: Yes sir Ronald Ripley: Any other comments? Are there any other questions? Let's open it up for discussion. Donald Horsley: I'd just like to get Mr. Scott's view on the fence deal. Robert Scott: Well, I'm listening to the speaker who from the neighborhood came up. I think she's right. There were many good things said about this application, but I don't think its going to be a walking destination for the people in that neighborhood unless they go out on Zodiac and come around Salem. They cannot and should not be cutting through private property to get there so, I don't think that's germane to the question that we have in front of us here. This is a corner site that's going to be accessed by some pedestrians but mostly automobiles. And, I don't think a lot of people are going to be cutting through that. I think you have a problem before you get to the fence. You shouldn't be on the property at least to the fence. You're on somebody else's land if you do that and kids are kids and they do those things. I don't think it's that big of an issue. Ronald Ripley: Are there any other comments? Joe. Joseph Strange: I think I'll be supporting the application. It's in my district, and I've been over there looking at it, and I've had a few calls about the oak tree and some other things, but when I look at the by -right use of this property, by right that oak tree can come down right now. By right, they can put an office building over there, instead they're putting in retail stores, so when I look at what the owners can do by right at this minute, I think it's a good use concerning the fact that there seems to be a tremendous amount of sensitivity involved here as to how this area has been developed as far as the landscaping and other things are concerned so, even though if I lived there I'll probably like to see it stay exactly like it is, but it's not going to stay that way. And, I think this is a good use for it. Ronald Ripley: Any other comments? Can I get a motion? Dorothy Wood: I'd like to move that we adopt Item #1 for the Eckerd's drug store and the shopping center. I think the applicant has worked very hard to make the Eckerd a brick building. It's more attractive than the average. Ronald Ripley: Is that a motion? Dorothy Wood: Yes. I was making the motion and saying that. Ronald Ripley: Okay. Motion is to approve. Do I have a second? Gene Crabtree seconded. Dorothy Wood: I'm supporting it because I think, like I said, it's a really good job on the applicant to make it all brick. It's better than most of them. Ronald Ripley: Okay. Are there any other comments? Robert Miller: Does this motion include consideration for the fence between now and City Council? Dorothy Wood: Yes sir. Ronald Ripley: So a motion made including that language about the fence. Okay. Are there any other comments? Let's call for the question. AYE 11 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLY AYE STRANGE AYE WOOD AYE ABS 0 ABSENT 0 Ronald Ripley: By a vote of 11-0, the motion carries. FORM NO P S 19 4 a INTER -OFFICE CORRESPONDENCE d CF OUR NAt`O*S In Reply Refer To Our File No. DF-5709 TO: FROM: I" Leslie L. Lilley B. Kay Wilson DATE: August 27, 2003 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application Berkshire -Hudson Capital XI, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on September 9, 2003. I have reviewed the subject proffer agreement, dated July 28, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue Suite 2000 Virginia Beach, Virginia 23462 (757) 687-7700 AGREEMENT THIS AGREEMENT, made this 28th day of July, 2003 by and between BERKSHIRE. HUDSON CAPITAL XI, LLC, a North Carolina limited liability company (hereinafter referred to as "Grantor"), the contract purchaser of a certain parcel of property generally located on the south corner of South Independence Boulevard and Salem Road in Virginia Beach, Virginia, which property is more fully described on Exhibit A attached hereto (hereinafter the "Property"); HOLLOMAN BROWN FUNERAL HOME, INC., a Virginia corporation (hereinafter referred to as "Grantor"), the current owner of the Property; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification from 0-2 and R-5D to B-2 Conditional on certain property which contains approximately 4.96 acres, more or less, located in the Centerville Election District of the City of Virginia Beach, Virginia, which property is more particularly described in the attached Exhibit A; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property GPIN NO.:1475-93-4018-0000 and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for 2 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 these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property shall be developed for a drug store/retail facility, together with one additional structure to be utilized as commercial and/or professional offices. 2. The site layout shall be developed substantially as shown on that certain exhibit entitled "Eckerd Salem Road & S. Independence Blvd, Virginia Beach, Virginia" prepared by JDH Capital and dated 7/28/03, which has been exhibited to City Council and is on file with the Planning Department. 3. The architectural design of the drug store on the Property shall be substantially compatible with the architectural style and materials reflected in the renderings set forth in the exhibits entitled "Proposed Eckerd Drug Retail Facility, Salem Road and South Independence Boulevard, Virginia Beach, Virginia" which have been exhibited to City Council and are on file with the Planning Department. 4. The architectural materials and style of the structure located adjacent to the drug store shall be substantially compatible with the architectural style and materials utilized for the drug store facility. 5. A left turn only median break shall be permitted on Salem Road subject to final design approval by the Department of Public Works. 6. Subject to approval by the Virginia Beach Board of Zoning Appeals, a fence, not to exceed six feet in height, shall be provided on the Property adjacent to the portion of the eastern property line of the Property located behind the structure identified on the Site Plan as 3 "10,800 SF Retail", commencing in the northeasternmost corner of the Property and proceeding in a southerly direction approximately two hundred and seventy feet (270' ). Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance 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 that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. 4 GRANTOR: BERKSHIRE-HUDSON CAPITAL XI, LLC STATE OF NORTH CAROLINA CITY OF CHARLOTTE, to -wit: The foregoing instrument was acknowledged before me this X day of July, 200110 3, by Member of Berkshire -Hudson Capital XI, LLC He/she is p onally known o meU Notary Public .My Commission Expires- - /�' - ° S vj GRANTOR: HOLLOMAN BROWN FUNERAL HOME, INC. y:. fVW4_ Louis R. Jon s, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this d9 day of July, 2003, by Louis R. Jones, President of Holloman Brown Funeral Home, Inc. He/she is personally known to me. j Notary Public My Commission Expires: y/3 0/ � � NF168202.3 R EXHIBIT A Legal Description All that certain piece, parcel or lot of land located in the City of Virginia Beach, Virginia consisting of 4.964 acres and described as Parcel B-1A1 on that certain resubdivision plat entitled "RESUBDIVISION OF 1.373 ACRES AS SHOWN ON PLAT F24TTILM "PLAT SHOWING PROPERTY HEREBY DEDICATED TO THE CITY OF VIRGINIA BEACH, VA. FROM FENTRESS WOOD ASSOCIATES, LTD." (M.B. 170, P. 22) PARCEL B-1A AS SHOWN ON PLAT ENTITLED "RESUBDIVISION OF PARCEL B-1 AND PARCEL B-2 AS SHOWN ON RESUBDIVISION OF PARCEL B-1 AND PARCEL B-2 AS SHOWN ON SUBDIVISION OF PARCEL B AS SHOWN ON SURVEY OF PROPERTY OF MATTIE S. FENTRESS" (M.B. 214, P. 64) AND PROPERTY OF HOLLOMAN-BROWN FUNERAL HOME, INC. (D.B. 3519, P. 1070) VIRGINIA BEACH, VIRGINIA", dated March 30, 1998, prepared by John E. Sirine and Associates, Ltd. and recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia on April 9, 1999 in Map Book 276, at page 3. 7 a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach, Amendment to the City Zoning Ordinance MEETING DATE: September 9, 2003 ■ Background: An Ordinance to amend Section 905 of the City Zoning Ordinance pertaining to sign regulations in the B-3A Pembroke Central Business Core District. The current ordinance regulations allow 0.60 square feet of sign area for each foot of occupancy footage. Under the current ordinance then, a business with less than 40 feet of frontage is limited to a very small amount of sign area. ■ Considerations: The City Zoning Ordinance was amended in 1995 establishing a new classification entitled the B-3A Pembroke Central Business Core District. The purpose of this district, as stated in the legislative intent section of the ordinance, is to "optimize development potential for a mixed -use, pedestrian -oriented, urban activity center with mid- to high-rise structures that contain numerous types of uses including business, retail, residential, cultural, educational and other public and private uses." The section of the ordinance that controls signs was prepared by representatives of the City and the Central Business District Association. Following an assessment of anticipated signage needs and based upon the best available information at the time, the provisions of the B-3A sign ordinance relating to the type of signs, their number and dimensional requirements were considered and adopted. As the Town Center evolves, however, we have learned how sign requirements may be adjusted to improve their effectiveness without compromising the attractiveness of urban environments. This amendment offers reasonable changes to the B-3A ordinance to achieve these objectives. The proposed amendment will allow businesses with less than 40 feet of frontage to have a 24 square foot sign. Such a provision for a minimum sign allowance is consistent with the other Business and Resort Tourist Districts. Staff recommended approval. There was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve the amendment. City of Virginia Beach — B-3A Signs Page 2 of 2 ■ Attachments: Staff Review Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting DepartmentlAgency: Planning Departmen City Manager: k- • d'" t. 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 AN ORDINANCE TO AMEND SECTION 905 OF THE CITY ZONING ORDINANCE PERTAINING TO SIGN REGULATIONS IN THE B-3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT SECTION AMENDED: CZO § 905 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 905 of the City Zoning Ordinance is hereby amended and reordained, to read as follows: Sec. 905. Sign regulations. (d) Within the B-3A Pembroke Central Business Core District, signs shall be permitted as follows: (1) For each foot of occupancy frontage an establishment shall have no more than sixty one -hundredths (. 60 ) square feet of sign area. No single establishment shall have more than four ( 4 ) signs, nor more than two ( 2 ) signs per building facade, and no individual sign shall exceed sixty (60) square feet in surface area. Any establish- ment having less than forty (40) feet of occupancy frontage may have one (1) sign not exceeding twenty four (24) square feet. No such sign shall be allowed above the second story of any building. 28 CoMNM1vT 29 This amendment will allow businesses with less than forty feet of frontage to have a 24 square 30 foot sign. Such a provision for a minimum sign allowance is consistent with the other Business and 31 Resort Tourist Zoning Districts. 32 33 Adopted by the City Council of the City of Virginia Beach, 34 Virginia, on this day of 2003. CA-8959 DATA/ORDIN/PROPOSED/czo0905ord.wpd R2 July 18, 2003 APPROVED AS TO CONTENTS: P1 nnnng epartme t APPROVED AS TO LEGAL SUFFIC ENCY: Department of Law 2 Item #33 City of Virginia Beach An Ordinance to amend Section 905 of the City Zoning Ordinance pertaining to sign regulations in the B-3A Pembroke Central Business Core District August 13, 2003 CONSENT Dorothy Wood: The next item is Item #33, the City of Virginia Beach. An ordinance to amend Section 905 of the City Zoning Ordinance pertaining to sign regulations in the Pembroke Central Business Core District. Is there any opposition to this item? Mr. Scott. Robert Scott: Again, this is an adjustment to an existing ordinance that was recently adopted, having had input from all the appropriate business interest and other interests in the community. However, it appears that we didn't get it quite right because it does overlook some possibilities that need to be addressed better, and this ordinance, I think, does that. It establishes that no matter how small your business may be in terms of frontage on the city street, you're entitled to at least one sign not exceeding 24 square feet. And this will provide a minimal size sign for any business that would be in the Central Business District area regardless of what you have on the street. We think it's a better way to do it and we recommend its approval. Dorothy Wood: Thank you. Mr. Ripley, I would move to approve number 933. Ronald Ripley: So we have a motion by Dot Wood to approve. Do I have a second? Seconded by Barry Knight. Mr. Miller? Robert Miller: I need to abstain from Item #33. My firm is working on that project. Ronald Ripley: Are there any other abstentions? Okay. Any discussion? Let's call for the question. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE ABS 1 ABSENT 0 Ronald Ripley: By a vote of 10-0 the motion carries with the abstention so noted. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach, Amendment to the City Zoning Ordinance MEETING DATE: September 9, 2003 ■ Background: An Ordinance to amend Section 401 of the City Zoning Ordinance pertaining to farm stands as accessory uses in the AG-1 and AG-2 Agricultural Zoning Districts Section 401(b) of the City Zoning Ordinance specifies allowable accessory uses within the AG-1 and AG-2 Agricultural Districts Subsection (1) of 401(b) provides regulations for the use of a "roadside stand" on a parcel for the sale of agricultural goods The current regulations limit the sale of items from such a stand to those produced by the operator of the stand and limits the items to agricultural products, 50 percent of which by value must be grown by the operator. The current regulations also limit the size of the stand to 1,000 square feet The City's Agricultural Advisory Committee has requested that these regulations be modified to provide greater opportunities to the agribusiness community in Virginia Beach and to increase the interaction between the northern and southern parts of the city through the purchase of agricultural products from local rural businesses ■ Considerations: The amendments revise the requirements pertaining to farm stands as follows- 1 Allow farm stands to have 1,000 square feet of floor area devoted to retail sales and display and an additional 1,500 square feet of storage or work area, 2. Limit the height of farm stands to 10 feet from ground to eaves, 3. Replace the requirement that at least 50 percent by value of the produce sold be grown by the operator of the stand with the requirements that a "substantial portion" of the items sold be produced locally, and 4 Specify with greater particularity the items that may be sold and those that may not be sold Staff recommended approval There was no opposition to the request. City of Virginia Beach — Farmstands Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the amendment. ■ Attachments: Staff Review Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Departmen City Manager: F— • 04t 1 AN ORDINANCE TO AMEND SECTION 401 OF THE CITY 2 ZONING ORDINANCE, PERTAINING TO FARM STANDS AS 3 ACCESSORY USES IN THE AG-1 AND AG-2 4 AGRICULTURAL ZONING DISTRICTS 5 - Section Amended: City Zoning Ordinance §401 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 401 of the City Zoning Ordinance are hereby 9 amended and reordained to read as follows: 10 Sec. 401. Use Regulations [Agricultural Zoning Districts]. 12 (b) Accessory uses and structures. Uses and structures which 13 are customarily accessory and clearly incidental and subordinate to 14 principal uses and structures, including but not limited to: 15 (1) In connection with agricultural uses, no more than one 16 roadside stand for sale of agricultural products 17 by the operator of the roadside stand and related items 18 as set forth below, provided that: 19 (i) No such stand shall exceed one thousand (1,000) 20 square feet in floor area used for retail sales and 21 display, have a total floor area in excess of two 22 thousand, five hundred (2,500) square feet or be 23 greater than ten (10) feet in height as measured 24 from around level to eaves; 25 ( ii ) No stand shall be erected within fifty ( 50 ) feet of 26 the property line fronting on any street; 27 (iii) The operator of the stand must be the owner or 28 operator of the agricultural property on which the 29 stand is located; 30 (iv) 31 A substantial portion of the items sold from the 32 stand shall have been grown, made or produced by 33 the operator of the roadside stand locally; 34 (v) Items sold shall be limited to farm produce, 35 locally -harvested seafood, ornamental plants, 36 flowers, hanQing baskets, hand-crafted items, 37 vegetable plants, herbs, honey, maple syrup, lams, 38 jellies, locally -produced Juices and cider, 39 relishes, pottery, baked goods, and similar items. 40 Items which shall not be sold include, without 41 limitation, tobacco products, alcoholic beverages, 42 clothing, bottled or canned beverages except as 43 expressly allowed, pet and animal feed and 44 repackaged goods. 45 . . . . 46 COMMENT 47 The amendments revise the requirements pertaining to farm stands as follows: 48 1. Allow farm stands to have 1,000 square feet of floor area devoted to retail sales and 49 display and an additional 1,500 square feet of storage or work area; so 2. Limit the height of farm stands to 10 feet from ground to eaves; K, 51 52 53 54 55 56 57 58 3. Replace the requirement that at least 50% by value of the produce sold be grown by the operator of the stand with the requirements that a "substantial portion" of the items sold be produced locally; and 4. Specify with greater particularity the items which may be sold and those which may not be sold. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of CA-8929 wmm/ordres/farmstandordin.wpd R-2 July 15, 2003 APPROVED AS TO CONTENT: W - 70 .. WAO 1111 Me, -- I %-- % is 5ep\artmentP ifi, 3 2003. APPROVED AS TO LEGAL SUFFICIENCY: t City Attorney's Office CITY OF VIRGINIA BEACH / # 32 August 13, 2003 Background: Section 401(b) of the City Zoning Ordinance specifies allowable accessory uses within the AG-1 and AG-2 Agricultural Districts. Subsection (1) of 401(b) provides regulations for the use of a "roadside stand" on a parcel for the sale of agricultural goods. The current regulations limit the sale of items from such a stand to those produced by the operator of the stand and limits the items to agricultural products, 50 percent of which by value must be grown by the operator The current regulations also limit the size of the stand to 1,000 square feet. The City's Agricultural Advisory Committee has requested that these regulations be modified to provide greater opportunities to the agribusiness community in Virginia Beach and to increase the interaction between the northern and southern parts of the city through the purchase of agricultural products from local rural businesses. Proposed Amendments: An Ordinance to amend Section 401 of the City Zoning Ordinance pertaining to farm stands as accessory uses in the AG-1 and AG-2 Agricultural Zoning Districts. The amendments revise the requirements pertaining to farm stands as follows- 1. Allow farm stands to have 1,000 square feet of floor area devoted to retail sales and display and an additional 1,500 square feet of storage or work area; 2. Limit the height of farm stands to 10 feet from ground to eaves; 3 Replace the requirement that at least 50% by value of the produce sold be grown by the operator of the stand with the requirements that a "substantial portion" of the items sold be produced locally, and 4. Specify with greater particularity the items that may be sold and those that may not be sold Planning Commission Agenda August 13, 2003 CITY OF VIRGINIA BEACH / # 32 Page 1 Evaluation: Staff recommends approval of the proposed amendments The amendments will provide increased opportunities for the city's agribusiness community and enhance the `draw' of the rural area of the city to those in other portions of the city Planning Commission Agenda August 13, 2003 CITY OF VIRGINIA BEACH / # 32 Page 2 Item #32 City of Virginia Beach An ordinance to amend Section 401 of the City Zoning Ordinance Pertaining to farm stands as accessory uses in the AG-1 and AG-2 Agricultural Zoning District August 13, 2003 CONSENT Dorothy Wood: The next item is Item #32, the City of Virginia Beach. An ordinance to amend Section 401 of the City's Zoning Ordinance pertaining to farm stands as accessory uses in the AG-1 and AG-2. Is there any opposition to this? Mr. Scott, would you please talk about that for us. Robert Scott: Yes ma'am. This is an ordinance that is brought to you by the Agricultural Advisory Committee, whose job it is to look at these things as to their affect on the agriculture industry in our City. And they have made a suggestion for some changes that would allow farm stands to have 1000 square feet of floor area for retail sales and an additional 1,500 square feet for storage and work area; to limit their height to ten feet; to replace the requirement that at least 50 percent of value of produce be grown by the operator with a requirement that a substantial portion be produced locally (which is a much better use of our limited enforcement resources); and to specify with greater particularity the items, which may be sold and those that may not be sold. This comes to you with the concurrence and support of the Agricultural Advisory Commission, and accordingly, we recommend its approval. Dorothy Wood: Thank you. I'd like to ask Mr. Horsley who is on the Agricultural Advisory Committee. Did you have any comments on that sir? Donald Horsley: Not really. The only thing that I might add is this request came from some of the producers in the county asking that they be allowed to do some expanding of their produce operations. And it came before the Agricultural Advisory Commission, and we looked at it, along with the City Attorney and Planning staff and thought that these changes were very worthy. They come with a unanimous recommendation from the Agricultural Advisory Commission Dorothy Wood: Mr. Ripley, I would move to approve number #32. Ronald Ripley: So we have a motion by Dot Wood to approve. Do I have a second? Seconded by Barry Knight Any discussion? Let's call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Ripley: By a vote of 11-0 the motion carries. L. APPOINTMENTS AGRICULTURE ADVISORY COMMISSION MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION TIDEWATER REGIONAL GROUP HOME COMMISSION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT