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HomeMy WebLinkAboutMARCH 11, 2003 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E OBERNDORF At Large VICE MAYOR LOUIS R JON6S Bays+de District 4 HARRY E DIEZ EL herapmfle Disfrirl I AIARGARLTL SURE Cenrendle Du1ruY I RFR4 S 10c(IAN4N R4)seHall Dntrnl3 RIc HARDA AIAI)DOA Rauch IDr INU 6 JfMiRtLVC Pnnasti Orin Owria PLTFR If SCHMIUT 41 I ur&t. REIN 4 LIIL4NIJFk4 A11.argi ROSFXL4RYWILSON At kargc JAHLS L 0000 1 ynnhaven Nwria 5 CITY COUNCIL AGENDA JAAIFS A SPORE ( 1h Ahmug( r LESLIEL IILLEY ( rtt Atlumet RUTH HOD( FS SMITH A1AK ( tit ( lirk I CITY MANAGER'S BRIEFINGS A l: r� FRI II March 2003 ()iY H 411 RtllLT)IM 1 2401 ( 011RI H011V DRJ � F IRGI VI 1 HEA( H i JRGI VI4 23456 800 5 PHONE (757) 417 430; FA (757) 416 5669 E AIAIL CjVCnC!(wbgOL COnr -Conference Room - 1 00 PM COnventionNisitor Development End of Year Wrap -Up fames Ricketts, Director - ConventionNisitor Development Department lirginia Beach Economic Development Authonty Donald Maxwell, Director - Economic Development Robert G Jones -Chair LiieNet Donald Maxwell, Director- Economic Development Striving for Excellence James K Spore, City Manager II Il REVIEW OF AGENDA ITEMS II III CITY COUNCIL COMMENTS II IV INFORMAL SESSION E CALL TO ORDER - Mayor Meyers E Oberndorf B ROLL CALL OF CITY COUNCIL - Conference Room - 3 30 PM D CERTIFICATION OF CLOSED SESSION E CITY COUNCIL INFORMAL DISCUSSION 11 V FORMAL SESSION -Council Chamber - 6 00 PM A CALL TO ORDER - Mayor Meyera E Oberndorf B INVOCATION Reverend Michael Simone Pastor, Spring Branch Community Church C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITN COUNCIL E MINUTES 1 INFORMAL AND FORMAL SESSIONS March 4, 2003 F AGENDA FOR FORMAL SESSION G CONSENT AGENDA H PUBLIC HEARING 1 Lease Agreement - Farmers Market I ORDINANCES/RESOLUTION I Ordinances to AMEND the City Code re time limits for speakers at City Council Sessions and City Policy governing same a Planning Items the applicant, or representative of the applicant, ten (10) minutes and three (3) minutes for rebuttal b All other persons speaking in support of the application three (3) minutes c Opponent's attorney or professional representative ten (10) minutes d All other opponents of an application three (3) minutes e All regular Agenda items three (3) minutes 2 Ordinance AUTHORIZING the City Manger to lease Space Number 1 at the Farriers Market to Fred Jordan re "The Nesting Box" 3 Ordinance to AUTHORIZE acquisition of a temporary construction easement for Pnncess Anne Road and Brandywine Drive traffic signal by agreement or condernriation (DISTRICT 2 - KENTSVILLE) 4 Resolution to ESTABLISH the Southeastern Parkway/Greenbelt, including cost participation with Virginia Department of Transportation (VDOT) for an Environmental Impact Study (EIS), preliminary design and limited right-of-way acquisition for the project, from I-64 at Oak Grove Connector to I-264 at Great Neck Creek PLANNING Petition of Town Center Associates, L L C for discontinuance closure and abandonment of a portion of Columbus Street and Town Center Drive (Block 10 of Town Center), containing 144 square feet to accommodate the 342-unit apartment complex (DISTRICT 5 - LYNNHAVEN) Recommendation APPROVAL 2 Application for Salt Meadow Bay, L L C (DISTRICT 6 - BEACH) a re Discontinuance, closure and abandonment of a portion of Oakland Avenue at Barberton Drive, containing 12,552 square feet b re Change of Zoni ag District Classification from R-7 5 Residential District to Conditional A-12 Apartment District with a PD-H2 overlay on South Oriole Drive at Barberton Drive and the closed portion of Oakland Avenue, not to exceed 12 dwelling units per acre, containing 3 53 acres Recommendation APPROVAL 3 Application for New Life Christian Fellowship a re Change of Zoning District Classy cation from I-1 Light Industrial District to 6-1 Office District for office land use at Business Park Drive and Greenwich Road (149 Business Park Drive), containing 43,167 square feet (DISTRICT 2 - KEMPSVILLE) b re Conditional Use Permi re a church at Business Park Drive and Greenwich Road (149 Business Park Drive), containing 43,167 square feet (DISTRICT 2 - KEMPSVILLE) Recommendation APPROVAL 4 Application of Jack Rabbit Self-Storage/College Park, L L C for a Modification of a Conditional_ Use Permit re site design for a mini -warehouse (approved by City Council on September 25 2001) at Providence Road and Woodstock Road (5950 Providence Road), containing 4 39 acres (DISTRICT 2 - KENiPSVILLE) Deferred Recommendation February 25, 2003 APPROVAL 5 Application for The Home Depot USA for a Conditional Use Permit re bulk storage for outdoor drive -through seasonal sales at 2020 Lynnhaven Parkway, containing 13 93 acres (DISTRICT 1 - CENTERVILLE) Recommendation APPROVAL 6 Application for Import Concepts Auto Repair, Inc re Conditional Use Permit for auto repair at Sykes Avenue and Virginia Beach Boulevard (141 Sykes Avenue), containing 42,950 square feet (DISTRICT 6 -BEACH) Recommendation APPROVAL 7 Application for Virginia Beach Pembroke Congregation of Jehovah's Witnesses re Conditional Use Permit for a church at Diamond Springs Road and Shurney Lane, containing 2 07 acres (DISTRICT 4 - BAYSIDE) Recommendation 8 Application for Triton PCSISuncom re Conditional Use Permit for a 94-foot communication tower at Snow Goose Lane and Hawks Nest Way (1400 Snow Goose Lane), contatrung 11 69 acres (DISTRICT 5 - LYNNHAVEN) Recommendation APPROVAL, 9 Application for Eagles Flight, L L C re Change of Zoning District Classification (COZ) from A-12 Apartment District to Conditional B-2 Community Business District to expand an existing motorcycle sales and service at North Witchduck Road and Richard Road (385 Witchduck Road), containing 2 019 acres (DISTRICT 4 - BAYSIDE) Recommendation APPROVAL 10 Resolutions and Ordinances re Nimmo Parkway and Sandbrdge Road Princess Anne - District 7 a Resolution to AUTHORIZE the Department of Public Works to advance with the design of safety improvements to Sandbndge Road b Resolution REFERRING to the Planning Commission a proposed Ordinance to AMEND the Comprehensive Plan pertatrung to the Master Transportation Plan to ADD a portion of Nimmo Parkway from Atwoodtown Road east to Sandbndge Road and delete of a portion of Sandbndge Road from Atwoodtown Road east to Sandfiddler Road c Resolution REFERRING to the Planning Commission a proposed Ordinance to AMEND the Comprehensive Plan pertaining to the Master Transportation Plan with an improved alignment to Sandbndge Road from Tipton Drive to Atwoodtown Road d Resolution REFERRING to the Planning Commission a proposed Ordinance to AMEND the Comprehensive Plan pertaining to the Master Transportation Plan and DELETE a portion of Sandbndge Road from Atwoodtown Road east to Sandfddler Road with the preservation of the Nimmo Phase VII right-of-way K APPOINTMENTS HUMAN RIGHTS COMMISSION THE PLANNING COUNCIL L UNFINISHED BUSINESS M. NEW BUSINESS N ADJOURNMENT 2003 Trine April 1 6 00 pm Apnl 8 ApnI I5 3 00 pm to 6 00pm April 22 April 24 2 00 pm to 5 00 pm April 24 6 00 pm April 29 May 1 2 00 to 5 00 pm May 1 6 00 pm May 6 May 13 6 00 pm Agenda 03/11103/blb www vbgov coin Resource Management Schedule Presentation to Cit Council of FY 2003-04 Proposed Resource Management Schedule Econorruc Vitalit) and Cultural and Recreational Opportunities R V Workshop Quality Education and Lifelong Learning RMP Workshop Quality Organization RMP Workshop Safe Community RMP Workshop Public Hearing -Proposed FY 2003-04 Resort Management Planning Kellam High School 6 00 P M Quality Physical Environment Farmly and Youth opportunities RMP Workshop Public Hearing Proposed FN Resort Management Planning City Council Chamber - 6 00 P M Reconciliation Workshop City Council ADOPTION FY 2003 04 Resort Management Plan City Council, is trying to be more responsive to the needs of citizens who attend the meetings, has adopted the following time limits for future Formal Sessions pplicant or Applicant s Representative 10 Minutes Attorney or Representative for Opposition 10 Minutes her Speakers - each 3 Minutes pplicant s Rebuttal 3 Minutes THFSE TIMES WILL BE STRICTLY ADHERED TO If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 4274305 (TDD - Telephonic Device for the Deaf) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Ordinances Pertaining to Time Limits for Speakers at City Council Meetings (Amendments to City Code Section 2-41 and Ordinance Adopting City Council Policy) MEETING DATE March 11, 2003 ■ Background Current City Code provisions allow each speaker at a City Council meeting five minutes for his or her remarks At the City Council's recent retreat, it was decided to revise the current rules regarding speakers at Council meetings ■ Considerations This agenda item consists of two separate but related ordinances, both of which must be adopted in order for the new policy to take effect The first is an ordinance amending City Code Section 2-41 by replacing the existing language with a provision stating that time limits for speakers at City Council meetings shall be as set forth in a written policy to be adopted by the City Council The ordinance also specifies that the policy is to be included on the City's intemet web site, posted outside of the City Council Chambers, and published in the City Council agenda for each regular meeting The second ordinance approves and adopts the policy itself, which is entitled "Time Limits for Speakers at City Council Meetings" and is dated March 11, 2003 ■ Public Information The ordinances will be advertised as an ordinary agenda item ■ Recommendations Adoption of both ordinances ■ Attachments Ordinances (2), policy entitled "Time Limits for Speakers at City Council Meetings Recommended Action Adoption of ordinances Submitting DepartmentlAgency City Manager City Council Policy u 4 i NS OF pUR MAttip Title Time Limits for Speakers at City Council Meetings Index Number Date of Adoption March 11 2003 Date of Revision page 1 of 2 1 0 Purpose and Need The purpose of this policy is to provide reasonable workable time limits for speakers at City Council meetings The need for such a policy was determined by the City Council at its retreat on February 18 2003 The policy is intended to recognize and accommodate the mutual interests of persons desiring to speak at City Council meetings the value to the City Council of public comment and the need for the City Council to conduct business in an orderly expeditious manner This policy shall not apply to the discussion of agenda items by members of the City Council during City Council meetings or to City Staff members acting in such capacity 20 Time Limits 2 1 Planning Agenda Items (a) Planning Agenda items include rezonings conditional zonings conditional use permits land use plan approvals code and Comprehensive Plan amendments nonconforming use resolutions street closures and any other items for which a public hearing is required pursuant to Chapter 22 of Title 15 of the Virginia Code (b) The applicant or representative of the applicant (generally an attorney professional engineer or other professional retained by the applicant) shall be allowed ten minutes for his or her initial presentation and an additional three minutes for rebuttal if any opponents of the application have spoken (1) If there is more than one applicant (as for example when both the property owner and proposed developer are applicants) or if the applicant and representative both desire to speak only one of them shall be allowed to speak for ten minutes Upon request however, the presiding officer may allow them to divide their time equally so long as the total time of their initial presentation does not exceed ten minutes (2) Speakers addressing the City Council in a representative capacity shall not be allowed additional time in which to speak on his or her own behalf (c) All other persons speaking in support of the application shall be allowed three minutes, and shall not be entitled to speak in rebuttal of any opposition comments (d) Opponents of an application shall be allowed three minutes each in the event the opponents are represented by an attorney engineer or other professional whose profession includes as a customary part thereof appearing before governmental bodies in a representative capacity such representative shall be allowed ten minutes In such cases persons represented shall be encouraged not to provide additional comments Title Time Limits for Speakers at City Council Meetings index Number Date of Adoption March 11 2003 Date of Revision Page 2 of 2 (1) Only one speaker in opposition to the application shall be allowed ten minutes to speak if there is more than one representative described in subsection (d) only one of them shall be allowed to speak for ten minutes Upon request however the presiding officer may allow them to divide their time equally so long as the total time of their presentation does not exceed ten minutes (e) Opponents of an application shall not be entitled to address the City Council in rebuttal of any statements or other material provided to the City Council during the appticanift rebuttal 2 2 Regular Agenda Items (a) Regular agenda items include all other agenda items at which public comment is allowed (a) Each speaker whether or not in a representative capacity shall be allowed three minutes 30 Timekeeping, yyritten Material (a) The City Clerk shall keep time for each speaker in accordance with the provisions of Section 2 and shall verbally notify the speaker and presiding officer at the expiration of the time allowed for each speaker (b) Written comments or other material may be tendered to the City Clerk by any person desiring to do so 40 Modification of Time Limits (a) The presiding officer with the consent of the City Council may extend or reduce any of the time limits sel forth in Section 2 (b) The time limits for speakers set forth in Section 2 shall be exclusive of the time taken in responding to questions of members of the City Council so Registration of Speakers Any person desiring to address the council shall register with the City Clerk prior to the opening of the meeting The inadvertent failure to do so shall not however disqualify any person from speaking 60 Public Notice of Policy In accordance with City Code Section 2-41 this policy shall be included on the City's internet web site posted outside of the City Council Chambers and published in the City Council agenda for each regular meeting 1 2 3 4 5 6 7 AN ORDINANCE AMENDING SECTION 2-41 OF THE CITY CODE, PERTAINING TO TIME LIMITS FOR SPEAKERS AT CITY COUNCIL MEETINGS Section Amended City Code Section 2-41 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That Sectior 2-41 of the City Code is hereby amended and reordained to read as follows 10 Sec 2-41 Addressing council 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .. . .. I .. - -- - - Time limits for speakers addressing the City Council at its meetings shall be in accordance with a written policy of the City Council Such policy shall be included on the City's internet web site, posted outside of the City Council Chambers, and published In the City Council agenda for each -regular meeting 26 COMMENT 27 The proposed amendments replace the existing provisions pertaining to time limits for 28 speakers at City Council meetings and replace them with a provision declaring that such time limits 29 shall be by written policy of the City Council The proposed amendments also require the policy to 30 be included on the City's internet web site, posted outside of the City Council Chambers, and 31 published in the City Council agenda for each regular meeting 32 The policy itself is to be brought forward to the City Council at the same time as the proposed 33 amendments set forth in this ordinance 34 Adopted by the City Council of the City of Virginia Beach, 35 Virginia, on this day of , 2003 CA-8770 wmm/ordres/02-041ord wpd R-6 March 5, 2003 2 APPROVED AS TO LEGAL SUFFICI NCY LZ Depar ent of Law I AN ORDINANCE APPROVING AND ADOPTING 2 A POLICY PERTAINING TO TIME LIMITS 3 FOR SPEAKERS AT CITY COUNCIL 4 MEETINGS 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA 8 That the City Council hereby approves and adopts the policy 9 entitled "Time Limits for Speakers at City Council Meetings," dated 10 March 11, 2003, which policy has been exhibited to the City Council 11 and a true copy of which is on file in the City Clerk's Office 12 COMMENT 13 The proposed ordinance adopts the City Council policy entitled "Time Limits for Speakers at 14 City Council Meetings," dated March 11, 2003 15 Adopted by the City Council of the City of Virginia Beach, 16 Virginia, on this day of , 2003 CA-8775 wmm/ordres/speakerpolicyordin wpd R-1 March 5, 2003 APPROVED AS TO LEGAL SUFFICIENCY Department of Law �Vivµ 4 Lk� 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM An Ordinance Authorizing the City Manager to Lease a Space at the Virginia Beach Farmers Market MEETING DATE March 11, 2003 ■ Background The Farmers Market has been serving Virginia Beach and its citizens for over two decades A variety of businesses lease space at the Market ■ Considerations The Code of Virginia requires all leases of City property to be approved by City Council The proposed lease is for a vacant retail space to an existing tenant at the Farmers Market ■ Public Information A public hearing is required and has been advertised ■ Recommendations The Farmers Market management team recommends approval of the proposed lease agreement ■ Attachments Ordinance Term Sheet Recommended Action Approval Submitting Department/Agency Agriculture City Manager � . F IDataIATYIOrdmINONCODEI(mjordanarf wpd 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO LEASE A SPACE AT TEE 3 VIRGINIA BEACH FARMERS MARKET 4 WHEREAS, the City of Virginia Beach has leased spaces at 5 the Farmers Market since its inception, 6 WHEREAS, a space at the Farmers Market is available for 7 lease, and City staff have identified a prospective tenant wishing 8 to lease this space, and 9 WHEREAS, a public hearing concerning this proposed lease 10 has been advertised and conducted 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA 13 That the City Manager is hereby authorized on behalf of 14 the City of Virginia Beach to enter into a lease agreement for 15 space #1 at the Farmers Market to Fred Jordan, a/b/a "Tne Nesting 16 Box," from April 2003 through February 2005 17 Adopted by the Council of the City of Virginia Beach, 18 Virginia, on the day of , 2003 19 CA-8 7 68 20 ORDIN\NONCODE\fmaordanord wpd 21 R-1 - February 25, 2003 22 APPROVED AS TO CONTENT 23 24 Agri APPROVED AS TO LEGAL SUFFICIENCY Law Department SUMMARY OF TERMS LEASE FOR SPACE #1 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR City of Virginia Beach LESSEE Space 1 - Fred Jordan d/b/a "The Nesting Box' TERM April 2003 through February 2005 RENT $278 00 per month RIGHTS AND RESPONSIBILITIES OF LESSEE • Use leased space for retail enterprise consistent with the purpose of the Farmers Market • Maintain leased space, including heating and air conditioning units • Purchase commercial general liability insurance • Keep retail space open during hours of Farmers Market operation RIGHTS AND RESPONSIBILITIES OF CITY • Maintain common areas of the Farmers Market and structural elements of the leased space • Pay for water, sewer and, in most cases, electrical service TERMINATION City may terminate by providing Lessee sixty (60) days notice CiTY OF VIRGINIA BEACH AGENDA ITEM ITEM Ordinance to Authorize Acquisition of a Temporary Construction Easement for Princess Anne Road/Brandywine Drive Signal CIP No 2-285 103 MEETING DATE March 11 2003 ■ Background Princess Anne Rd /Brandywine Dr Signal (CIP 2-285 103) is a Traffic Safety Improvement Project (TSI) This intersection was first identified as a candidate for a TSI project as a result of citizen request in 1999 A subsequent accident study by the city verified the need for improvements to this intersection+ At a Citizen Information Meeting held in July 1999 public opinion favored turn lane improvements and installation of a traffic signal at this intersection ■ Considerations This project is in the Kempsville area and is near the Kempsville Greens Golf Course The proposed improvements include a right turn lane on southbound Princess Anne Road onto Brandywine Drive extending the existing left turn lane on northbound Princess Anne Road onto Brandywine Drive, and installation of a traffic signal at Princess Anne Road and Brandywine Drive Traffic control easements and temporary construction easements are needed to effect these improvements This Ordinance is needed in order to acquire a 700 sq ft temporary construction easement with an appraised value of $1 079 from one of the affected property owners in order to reduce the slope of his driveway apron so it will not be as severe after the improvements are completed This is the only easement left to acquire The landowner agreed to the price, and then signed the agreement with his name which differs from the name identified as the owner on the title report This individual will not sign the agreement with his name as it appears on the title report He insists on signing it with another name which is not legally acceptable Therefore in order to acquire this easement, an Ordinance is required authorizing acquisition by condemnation if the easement is not obtained the driveway apron will be too steep and cars will scrape ■ Public Information As previously stated a Citizen Information Meeting was held in July 1999 to get public input on what kind of improvements were favored Also advertisement of City Council Agenda for upcoming meeting ■ Alternatives Approve the Ordinance as requested, deny it or add conditions as desired by Council ■ Recommendations Authorize Ordinance as proposed ■ Attachments Ordinance Location Map Recommended Action Approve Ordinance Submitting Department/Agency Public Works/Real Estate 9V 03 City Manager N I AN ORDINANCE TO AUTHORIZE ACQUISITION 2 OF A TEMPORARY CONSTRUCTION EASEMENT 3 FOR PRINCESS ANNE ROAD AND BRANDYWINE 4 DRIVE SIGNAL CIP NO 2-285103 EITHER BY 5 AGREEMENT OR CONDEMNATION 6 7 WHEREAS, in the opinion of the Council of the City of Virginia Beach 8 Virginia a public necessity exists for the construction of this important roadway improvements 9 project to provide adequate traffic capacity and safety and for other public purposes for the 10 preservation of the safety health peace good order comfort convenience and for the welfare 11 of the people in the City of Virginia Beach 12 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA 14 Section 1 That the City Council authorizes the acquisition by purchase or 15 condemnation pursuant to Section 15 2-1901, et sec , Code of Virginia of 1950 as amended of 16 a temporary construction easement (the "Easement") from the parcel identified as GPIN 1476-06- 17 9292 as shown on the plans entitled 'PRINCESS ANNE RD /BRANDYWINE DR SIGNAL CIP 18 NO 2-285 103 SIGNAL CONTROL NO 451' dated March 14 2001 (the "Project ) and more 19 specifically described on the acquisition plat for the above parcel (collectively the Plans ) the 20 Plans being on file in the Engineering Division Department of Public Works City of Virginia Beach 21 Virginia 22 Section 2 That the City Manager is hereby authorized to make or cause to 23 be made on behalf of the City of Virginia Beach, to the extent that funds are available a reasonable 24 offer to the owners or persons having an interest in said lands If refused, the City Attorney is 25 hereby authorized to institute proceedings to condemn said property 26 Adopted by the Council of the City of Virginia Beach Virginia on the 27 day of 28 CA- 29 February 3, 2003 2003 2 APP�VED A/S� TO CONTENTS SIGNATURE 14L Wnb-" . DEPARTMENT APPROVED AS TO LEGAL SUFFICIENC A,,WZ FORM L6� 67 CITY ATTORNEY a- /a - e3 t J CITY OF VIV61NIA BEACH AGENDA ITEM ITEM Southeastern Parkway & Greenbelt (CIP 2-089) VDOT #0000-134 F-23 PE-101 MEETING DATE March 11, 2003 ■ Background Southeastern Parkway & Greenbelt (CIP 2-089) is a Virginia Department of Transportation (VDOT) project This project first appeared in the 1993-94 CIP as Southeastern Expressway City Council re -titled the protect the Southeastern Parkway and Greenbelt to reflect the roadway design improvements with emphasis on the need for significant landscaping In February 1996, the Commonwealth Transportation Board adopted the preferred alignment and authorized the environmental study and permitting phases Starting in FY 1999-00 CIP annual funding was included only to preserve the right-of-way along the corridor and to defray ongoing project costs The project is programmed in the FY2002-03/FY2007-08 Virginia Transportation Six Year Program and funded for Preliminary Engineering and partial Right -of -Way Acquisition In Summer 2002 VDOT selected the consultant firm of H W Lochner for the initial environmental study, including completion of the Environmental Impact Statement (EIS) This project is ultimately for the construction of approximately 11 5 miles of a four -lane divided parkway from the western City limits just south of Stumpy Lake, to 1-264, just west of Great Neck Creek and includes five major interchanges An additional 8 2 miles of this parkway will traverse through the City of Chesapeake to I-64, providing a major arterial connecting the two cities with immediate access to 1-64 and 1-264 This roadway concept is to serve as a national model for parkways, designed with extensive landscaping to create a heavily buffered and aesthetically pleasing roadway Southeastern Parkway with a projected average daily vehicle rate of 80 000 by 2015 is a crucial element of the regional transportation system Without this project traffic bound for major destination points within the City will overburden the existing transportation network causing excessive delays at intersections and possibly contributing to the regional non-compliance with clean air requirements Southeastern Parkway is considered essential to attracting well -paying jobs and enabling the City to compete for economic development in the global market ■ Considerations If this programming resolution is adopted VDOT will proceed with the EIS required for future construction of this project and the City would be obligated to pay its share The cost of the EIS is estimated to be $3 0 million, of which the City s share would be approximately $12 000 Currently the City of Chesapeake is not a cost participant in this initiative To date approximately $7 8 million is funded in the FY2002-03/FY2007-08 Virginia Transportation Six Year Program for Preliminary Engineering (which includes the EIS) and limited Right -of -Way Acquisition Funding for this project will be provided by TEA- 21 High Priority Funds Eighty percent of this cost will be federally funded and 20% state funded The City will be responsible for 2% of the state funding (0 4% of the project cost) which is approximately $32 000 (which includes $12 000 for the EIS) Currently, the City has appropriated approximately $13 3 million with total programmed funding of (Continued on next page) Submitting Department/Agency City Manager �L' Southeastern Parkway & Greenbelt (CIP 2-089) Agenda - (continued) approximately $18 million in the FY 2002-03 CIP for #2-089 for preservation of the corridor and the preliminary environmental study These funds are available to pay the City share of the EIS cost Should the protect be cancelled by VDOT the City would then relinquish Its financial responsibility ■ Alternatives If this programming resolution is not adopted VDOT will terminate all current and future project activities An opportunity will be lost to achieve multiple outcomes to enhance the City s quality environment Improving the existing transportation network, increasing accessability between cities, enhancing aesthetics and enabling economic development are all advantages to be expected from the implementation of this project ■ Recommendations Adopt the attached programming resolution to establish the Southeastem Parkway and Greenbelt urban highway project, including cost participating with VDOT for the EIS, preliminary design and limited right-of-way acquisition for the project ■ Attachments Location Map Programming Resolution Recommended Action Approval PPuliubliic Works I PROJECT PROGRAMMING RESOLUTION 2 SOUTHEASTERN PARKWAY AND GREENBELT 3 WHEREAS, in accordance with the Virginia Department of Transportation ( VDOT') allocation 4 procedures it is necessary that a request, in the form of a City Council resolution, be made for VDOT to 5 program a project in the City of Virginia Beach ('City ) 6 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA 8 1 That City Council hereby requests VDOT to proceed with the environmental study, associated 9 preliminary engineering and limited right-of-way acquisition for the Southeastern Parkway and Greenbelt, 10 as currently programmed in the FY 2002-03 / FY 2007-08 Virginia Transportation Six -Year Program, funded 11 by TEA-21 High Priority Funds The total project ]units extend from I-64, at the Oak Grove Connector 12 interchange to 1-264, just west of Great Neck Creek The segment of this project in the City is referred to 13 as Southeastern Parkway and Greenbelt (CIP 2-089) in the City s Capital Improvement Program 14 2 That City Council hereby agrees to pay its share of the total cost for an environmental study, 15 associated preliminary engineering, and partial right-of-way acquisition for this project 16 3 That the City hereby requests that VDOT explore all funding alternatives for future 17 18 19 programming of this project Adopted by the Council of the City of Virginia Beach, Virginia, on the 2003 O1DMorgan`\.SEastemPkwy&GreenbeltResolution wpd March 11, 2003 APPROVED AS TO CONTENT Department of ublic Works APPROVED AS TO LEGAL SUFFICIENCY City Attorney s Offwe day of r - - P 0 G- 0 r aJ 07 w W Z a� w <w Q0 LLJ� U m - 0 Lj % •S �� % L.Li.�� O obi + +fLL 1 �• W }�LLJ W ck�v �0} 0- 0 N U m o 0 o CD W > J v ) \ W 0 o "a to Town Center As a B-3A LLD B, W U C I f L - rxr 13 -wI �tjA I� '^�°D D� m a, D - A hm;v sr a c sVEZANn s o� 0 D 0 D - 3 a B; 3A 3A 7 15 - 51 o�7[7AD o D 00 D Doooaa o � C u QoQooaa flQ 6rr l� -3 if � n St Closure — portion ZONING HISTORY D ❑01--)J7o 1 02/08/2000 — REZONING granted from B-3 Business District to Conditional B-3A Central Business Core District 2 02108/2000 -- STREET CLOSURE granted 3 10/10/2000 — REZONING granted from B-3 Business District to Conditional B-3A Central Business Core District 4 09/24/2002 — CONDITIONAL USE PERMIT granted for multifamily dwelling units CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Town Center Associates, L L C and/or It's Assigns — Street Closure MEETING DATE March 11, 2003 ■ Background Application of Town Center Associates, L L C and/or it's Assigns for the discontinuance, closure and abandonment of a portion of Columbus Street beginning at a point 3 94 feet west of Town Center Dave and running a distance of 30 01 feet Parcel contains 144 square feet DISTRICT 5 — LYNNHAVEN The purpose of this request is to close a portion of Columbus Street to accommodate the development of a 342 unit apartment building at Block 10 of Town Center ■ Considerations The portion of Columbus Street requested for closure is currently a grassed area at the southwest comer of the intersection of Town Center Drive and Columbus Street The right-of-way to be closed will be incorporated into the building area for Block 10 of Town Center and will be zoned B-3A Central Business Core District The site contiguous to this right of way was zoned B-3A Pembroke Central Business Core District on February 8, 2000 as part of an overall public-pnvate venture to develop an urban center in the city A Conditional Use Permit for a multi -family residential development on the adjacent site was approved by the City Council on September 24, 2002 The Viewers Committee has determined that this street closure will not result in a public inconvenience and the Virginia Beach Economic Development Authority, current owners of the adjacent property, is supportive of this request The Viewers Committee recommends approval of the closure of this portion of Columbus Street subject to the conditions listed below The Planning Commission placed this item on the consent agenda Staff recommended approval There was no opposition to the proposal Town Center Associates Page 2of2 ■ Recommendations The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions The City Attorney's Office shall make the final determination regarding ownership of the underlying fee The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council Copies of the policy are available in the Planning Department 2 The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels The plat shall be submitted and approved for recordation prior to final street closure approval 3 The applicant shall verify that no private utilities exist within the right-of-way proposed for closure Preliminary comments from the utility companies indicate that there are no private utilities within the rtght-of-way proposed for closure If private utilities do exist, easements satisfactory to the utility company shall be provided 4 The applicant shall verify that public traffic control equipment either does or does not exist If existing, the equipment shall be relocated prior to final plat recordation 5 Closure of the nght-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the nght-of-way this approval shall be considered null and void ■ Attachments Staff Review Disclosure Statement Ordinance Planning Commission Minutes Location Map Recommended Action Staff recommends approval Planning Commission recommends approval ��//��,,, Submitting DepartmenVAgency Planning Department V*— City Manager ,� -� 1 ORDINANCE NO 2 IN THE MATTER OF CLOSING, VACATING AND 3 DISCONTINUING A PORTION OF THAT CERTAIN 4 STREET KNOWN AS A PORTION OF COLUMBUS 5 STREET TO BE CLOSED (144 SF OR 0 003 ACRES) AS 6 SHOWN ON THAT CERTAL\T PLAT ENTITLED 7 EXHIBIT `A' SHOWING A PORTION OF COLUMBUS 8 STREET RIGHT-OF-WAY TO BE CLOSED AT 9 SL13DIVISION PLAT OF THE TOWN CENTER, PHASE 10 ONE, PLAT OF SUNNYBROOK (MB 5, PG 201) MB 286, 1 1 PG 72-73) (INSTRUMENT NO XXX) VIRGINIA BEACH, 12 V IRGINIA 13 WHEREAS, on March 11, 2003, Town Center Associates, LLC, and/or it's assigns, 14 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street 15 discontinued, closed, and vacated, and 16 WHEREAS, it is the judgment ofthe Council that said streetbe discontinued, closed, 17 and vacated, subject to certain conditions having been met on or before March 10, 2004, 18 NOW, THEREFORE, 19 SECTION I 20 BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the 21 hereinafter described street be discontinued, closed and vacated, subject to certain conditions being 22 met on or before March 10, 2004 23 All that certain piece or parcel of land situate, lying and being in the 24 City of Virginia Beach, Virginia, designated and described as "A 25 PORTION OF COLUMBUS STREET TO BE CLOSED (144 SF OR 26 0 003 ACRES)' shown as the cross -hatched area on that certain plat 27 entitled "EXHIBIT `A' SHOWING A PORTION OF COLUMBUS 28 GPIN 1477-54-4538 29 STREET RIGHT-OF-WAY TO BE CLOSED AT SUBDIVISION 30 PLAT OF THE TOWN CENTER, PHASE ONE, PLAT OF 31 SUNNYBROOK (MB 5, PG 201) MB 286, PG 72-73) 32 (INSTRUMENT NO XXX) VIRGINIA BEACH, VIRGINIA" 33 Scale 1" = 40', dated December 13, 2002, prepared by MSA, P C , 34 a copy of which is attached hereto as Exhibit A 35 SECTION 11 36 The following conditions must be met on or before March 10, 2004 37 1 The City Attorney's Office will make the final determination regarding ownership 38 of the underlying fee The purchase price to be paid to the City shall be determined according to the 39 "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by 40 City Council Copies of said policy are available in the Planning Department 41 2 The applicant shall resubdivide the property and vacate internal lot lines to 42 incorporate the closed area into the adjoining parcels The resubdivision plat shalt be submitted and 43 approved for recordation prior to final street closure approval 44 3 The applicant shall verify that no private utilities exist within the right-of-way 45 proposed for closure Preliminary comments from the utility companies indicate that there are no 46 pnvate utilities within the right-of-way proposed for closure if private utilities do exist, the 47 applicant shall provide easements satisfactory to the utility companies 48 4 The applicant shall verify that public traffic control equipment either does or does 49 not exist If existing, the equipment shall be relocated prior to final plat recordation 50 5 Closure of the right-of-way shall be contingent upon compliance with the above 51 stated conditions within 365 days of approval by City Council If all conditions noted above are not 52 accomplished and the final plat is not approved within one year of the City Council vote to close the 53 roadway, this approval will be considered null and void 2 54 SECTION III 55 1 If the preceding conditions are not fulfilled on or before March 10, 2004, this 56 Ordinance will be deemed null and void without further action by the City Council 57 2 If all conditions are met on or before March 10, 2004, the date of final closure 58 is the date the street closure ordinance is recorded by the City Attorney .59 SECTION IV 60 3 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 61 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 62 VIRGINIA BEACH as "Grantor " 63 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 64 of , 2003 65 66 CA 8663 67 Date February 24 2003 68 C 1WINNT1Tempka8663 ORD FRM 69 70 71 72 73 74 APPROVED AS TO CONTENT A e'a-0 3 Planniff5epartment APPROVED AS TO LEGAL SUFFICIENCY City Attorney 3 LINE TABLE LINE LENGTH BEARING L1 10 26' S44 35'53"W L2 34 48' S89 36'21 "W L3 4 46 S00 31 25'E k' co a� zw 5� m �- Op O a c) z w zw g0 O.N a Extubit A wa �W a _ 5 V, a O TOWN CENTER a.= 10 v° � AREA-1=67 W OR 2.118 AC WIIN 1477-54-4538 INSTRUMENT NO XXXXXXX A �H OP En No p 23 0 SUR® DENOTES A PORTION OF COLUMBUS STREET TO BE CLOSED 144 SF OR 0 003 ACRES 394 L2 w ti 3001 4 S 89 35'53" W CaMMY MEET (W AWN AA) /NSTPUMENT NO XXXXXXX EXHIBIT A SHOWING A PORTION OF COLUMBUS STREET RIGHT-OF-WAY TO BE CLOSED AT SUBDIVISION PLAT OF THE TOWN CENTER, PHASE ONE PLAT OF SUNNYBROOK (MG 5, PG 201) (MB 266 PG 72-73) (INSTRUMENT NO XXX) VIRGINIA BEACH VIRGINIA DECEMBER 13 2002 j mdM ape AmhrtectaM Plan= Snrm7mg Fagmecmg Envnmmcnml Scaeacm sM3 ROUSE DRrM VMGMUBRACK VA 2M2-M PHONE (757) t90.9264 M (7S7) 4W-W4 DWN BY JBN JOS 491BiH FB SCALE i" = �:] „ .NO ZONING HISTORY 1 Conditional Rezoning (R-7 5 Residential District to A-36 Apartment District) — Granted 1-22-02 Street Closure —Granted 1-22-02 Conditional Rezoning (R-7 5 Residential District to A-36 Apartment District) — Granted 6-12-01 Street Closures — Granted 6-12-01 2 Street Closure — Granted 6-26-01 3 Conditional Use Permit (gas station) — Granted 3-14-88 r u �' rF Y S7 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Town Center Associates, L L C and/or It s Assigns — Street Closure MEETING DATE March 11, 2003 ■ Background Application of Town Center Associates, L L C and/or it s Assigns for the discontinuance, closure and abandonment of a portion of Columbus Street beginning at a point 3 94 feet west of Town Center Drive and running a distance of 30 01 feet Parcel contains 144 square feet DISTRICT 5 — LYNNHAVEN The purpose of this request is to close a portion of Columbus Street to accommodate the development of a 342 unit apartment buifding at Block 10 of Town Center ■ Considerations The portion of Columbus Street requested for closure is currently a grassed area at the southwest corner of the intersection of Town Center Drive and Columbus Street The right-of-way to be closed will be incorporated into the building area for Block 10 of Town Center and will be zoned B-3A Central Business Core District The site contiguous to this right of way was zoned B-3A Pembroke Central Business Core District on February 8, 2000 as part of an overall public -private venture to develop an urban center to the city A Conditional Use Permit for a multi -family residential development on the adjacent site was approved by the City Council on September 24 2002 This area of the city has been targeted since the early 1970s as a prime location to develop a downtown' in the City of Virginia Beach Several streets were closed in the 1970s in order to integrate many of the smaller parcels into large developable sites capable of supporting the large-scale multi use buildings that are now planned for the area The Viewers Committee has determined that this street closure will not result in a public inconvenience and the Virginia Beach Economic Development Authority, current owners of the adjacent property, is supportive of this request The area of right-of-way to be closed will be incorporated into Block 10 of Town Center which is planned for a multi- story apartment building containing 342 units The Viewers Committee recommends approval of the closure of this portion of Columbus Street subject to the conditions listed below The Planning Commission placed this item on the consent agenda because the closure will have a positive impact on the flow of traffic Staff recommended approval There was no opposition to the proposal ■ Recommendations The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions The City Attorney's Office shall make the final determination regarding ownership of the underlying fee The purchase price to be paid to the City shall be determined according to the Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council Copies of the policy are available in the Planning Department 2 The applicant shall resubdivide the property and vacate internal lot Imes to incorporate the closed area into the adjoining parcels The plat shall be submitted and approved for recordation prior to final street closure approval 3 The applicant shall verify that no pnvate utilities exist within 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 shall be provided 4 The applicant shall verify that public traffic control equipment either does or does not exist If existing, the equipment shall be relocated prior to final plat recordation 5 Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void (VOTE Further conditions may be required during the administration of ap hcable City Ordinances ■ Attachments Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action Staff recommends approval Planing Commission recommends approval Submitting Department/Agency Planning Department City Manager TOWN CENTER ASSOCIATES, LLC 1 # 19 February 12, 2003 General Information: APPLICATION NUMBER E07-STC-2003 REQUEST Street Closure ADDRESS Portion of Columbus Street -` Town Center Associates sc� 9 Ir L8-3A g q — B— Ilk, — d Y ry Mr�ar-w �t a 714 � $ - 3 _ �I s B-3A �, B�3q IG� O ti --__� �� • �� —� r n Q3F C�_�- -it SLPp;� Tr— -- n q7a -n�4' �+rr) � if �flB—�D37 r-� � - 5! Closure - ponln!! of Columbus .5treet ELECTION DISTRICT 5-LYNNHAVEN SITE SIZE 144 square feet STAFF PLANNER Barbara Duke Planning Commission Agenda February 12, 2003 L -: TOWN CENTER ASSOCIATES, LLC / # 19 Page 1 PURPOSE To close a portion of Columbus Street to accommodate the development of a 342 unit apartment building at Block 10 of Town Center Land Use, Zoning, and Site Characteristics• Existina Land Use and Zonin The portion of Columbus Street requested for closure is currently a grassed area at the southwest corner of the intersection of Town Center Drive and Columbus Street The right- of-way to be closed will be incorporated into the building area for Block 10 of Town Center and will be zoned B-3A Central Business Core District Surrounding Land Use and Zoning North . Undeveloped property / B-3A Central Business Core District South . Columbus Street East • Town Center Drive West • Undeveloped property 1 B-3A Central Business Core District Zoning History The site contiguous to this right of way was zoned 13-3A Pembroke Central Business Core District on February 8, 2000 as part of an overall public -private venture to develop an urban center in the city A Conditional Use Permit for a multi -family residential development on the adjacent site was approved by the City Council on September 24 2002 This area of the city has been targeted since the early 1970s as a prime location to develop a "downtown" in the City of Virginia Beach Several streets were closed in the 1970s in order to integrate many of the smaller parcels into large developable sites !^y i"`_Z& Planning Commission Agenda February 12, 2003 L TOWN CENTER ASSOCIATES, LLC I # 19 Page 2 capable of supporting the large-scale multi use buildings that are now planned for the area Public Facilities and Services Preliminary field investigation by the Department of Public Works determined there may be some traffic control equipment located within the area of right-of-way proposed for closure Transportation Columbus Street is shown on the Master Transportation Plan, adopted in 1997 as a 120-foot wide right-of-way Consistent with the plans for Town Center developed in 2000, Columbus Street is planned as a local connector street with pedestrian activit, and will be variable in width The Department of Economic Development has determined that the existing width of 86 feet at this location is adequate and consistent with the plans Private Utilities Upon preliminary review there does not appear to be any private utility facilities located within the portion of the right-of-way proposed for closure The applicant will be responsible for verifying that no private utilities exist in this area prior to final plat recordation Comprehensive Plan The Comprehensive Plan Map designates this area of the city as the Urban Center an area planned for a mix of high intensity, pedestrian centered urban uses including employment, office, retail, residential, educational, centralized parking facilities and other compatible uses Evaluation of Request The Viewers Committee has determined that this street closure will not result in a public, inconvenience and the Virginia Beach Economic Development Authority, current owners of the adjacent property, is supportive of this request The area of right-of-way to be closed will be incorporated into Block 10 of Town Center which is planned for a multi- story apartment building containing 342 units The Viewers Committee recommends Planning Commission Agenda i February 12, 2003 TOWN CENTER ASSOCIATES, LLC I # 19 Page 3 approval of the closure of this portion of Columbus Street subject to the conditions listed below Conditions The City Attorney's Office shall make the final determination regarding ownership of the underlying fee The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council Copies of the policy are available in the Planning Department 2 The applicant shall resubdivide the property and vacate internal lot Imes to incorporate the closed area into the adjoining parcels The plat shall be submateu and approved for recordation prior to final street closure approval 3 The applicant shall verify that no private utilities exist within 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 shall be provided 4 The applicant shall verify that public traffic control equipment either does or does not exist If existing, the equipment shall be relocated prior to final plat recordation 5 Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void NOTE Further conditions may be required during the administration of apalicable Ci!Z Ordinances Planning Commission Agenda ^ `> February 12, 2003 < TOWN CENTER ASSOCIATES, LLC 1 # 19 : f Page 4 LD �m z ao o� �T o❑ oQ c� z w Zw ¢ z J 0- N Cry O t!7 5 TOWN CENTER BLOCK 10 AREA-92,267 SF OR 2118 AC GPIN 1477-54--4538 INSTRUMENT NO XXXXXXX LINE TABLE LINE LENGTH BEARING L1 1026 S44 35 53 W y L2 34 48' S89 36'21 'W L3 446 S00 31 25 E r-. ¢ o '1 0o M �c Z D� r a CN 0 o 4 cn � DENOTES A PORTION OF COLUMBUS STREET TO BE CLOSED 144 SF OR 0 003 ACRES L2 30 01' S 89 35'53 W CaII /6JS 5VAEFT (YAR 11/DTN RA) INSTRUMENT NO XXXXXXX tiur Planning Commission Agenda February 12, 2003 1/ TOWN CENTER ASSOCIATES, LLC I # 19" Page 5 Planning Commission Agenda February 12, 2003 TOWN CENTER ASSOCIATES, LLC 1419 Page 6 Est O a V DISCLOSURE STATEMENT Applicant's Name 1 C-` C' %7'r1Z r1,C List All Current Property Owners L� o` ni -i Pei J1 Looms -1- l uthot t% 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 it necessary) ,Iemhev; Ity CC!-1t_2 LS,OC,,)tr - r I C 3 , ' `I3n zr' `e--_Id Div r r^�ir'V fo fler Prorc-, 4s Ll C ) '_ osz- r1a cN- Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization It 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 hst if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION list all members or partners in the organization below (Attach first if necessary) (,,Iun c ,r ) C� t ct Lit �c^rh �Corron c }e��t� zcnL nLC 1J - 0 Check here if the property owner is NOT a corporation, partnership firm or of E?r unincorporated organization CERTIFICATION I certify that the information contained herein is true and accurate Signature Street Closure Application Page S of 15 modfled 10 16 2002 Print Name Planning Commission Agenda February 12, 2003 TOWN CENTER ASSOCIATES, LLC / # 19 Page 7 Item #19 Town Center Associates, L L C Discontinuance, closure and abandonment of a portion of Columbus Street District 5 Lynnhaven February 12, 2003 CONSENT Charlie Salle' Next item is Item #19, which is Town Center Associates and that is for the closure and abandonment of a portion of Columbus Street Steve Lucas Good afternoon I'm Steve Lucas with Town Center Associates Charlie Salle' And, there are five conditions as part of this application Axe they agreeable9 Steve Lucas Yes, they are Charlie Salle' Is there any opposition to this application? Therefore, I would move that we adopt the consent agenda consisting of Item #19 with five conditions Ronald Ripley So the motion has been made by Charlie to accept the item that he has listed for consent approval Do I have a second) Seconded by Kathy Katsias Yes, Mr Miller? Robert Miller I need to abstain from Item 419 My firm is working on that project Ronald Ripley Okay Before we vote I've asked Gene to comment on Item #19? Eugene Crabtree Number 19, the Town Center, the road closing for the Town Center on Columbus Street We really could not see why that was bypassed in the original drawings and original plans for Columbus Center Because this little strip of land has absolutely nothing to do with traffic or impact on traffic on Columbus Street and it will enable the curb to take a straighter line along side of the street instead of having a little indentation in the curb so we thought that it very definitely should be a consent item Ronald Ripley Thank you Gene Motion has been made It has properly been seconded So, I think we're ready to vote AYE 8 NAY 0 ABS 1 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE Item #19 Town Center Associates, L L C Page 2 KATSIAS AYE KNIGHT MILLER RIPLEY AYE SALLE' AYE STRANGE AYE WOOD ABS ABSENT ABSENT Ronald Ripley By a vote of 8-0, the motion passes with the abstention so noted TOWN CENTER ASSOCIATES, LLC / # 19 February 12, 2003 General Information: APPLICATION NUMBER E07-STC-2003 REQUEST ADDRESS ELECTION DISTRICT SITE SIZE STAFF PLANNER Street Closure Portion of Columbus Street N� Ma? F-'� . Town Center Associates JO - 3 A 3AI elf— J F. s`! 6-3 8"3p C53 $ [ [73 �`.1.rri ^w� x .«,-; �` �, �{-�J.:.--ems +w,,.�i ;m✓� E f� _ �e Sr Closure — Parhorz of Calumbw Szretr 5-LYNNHAVEN 144 square feet Barbara Duke Planning Commission Agenda February 12, 2003 TOWN CENTER ASSOCIATES, LLC ! # 19 Page 1 PURPOSE To close a portion of Columbus Street to accommodate the development of a 342 unit apartment building at Block 10 of Town Center Land Use, Zoning, and Site Characteristics; Existina Land Use and Zonin The portion of Columbus Street requested for closure is currently a grassed area at the southwest corner of the intersection of Town Center Drive and Columbus Street The right- of-way to be closed will be incorporated into the building area for Block 10 of Town Center and will be zoned B-3A Central Business Core District Surrounding Land Use and Zoning North • Undeveloped property / B-3A Central Business Core District South • Columbus Street East • Town Center Drive West • Undeveloped property / B-3A Central Business Core District Zoning History The site contiguous to this right of way was zoned B-3A Pembroke Central Business Core District on February 8, 2000 as part of an overall public -private venture to develop an urban center in the city A Conditional Use Permit for a multi -family residential development on the adjacent site was approved by the City Council on September 24, 2002 This area of the city has been targeted since the early 1970s as a prime location to develop a "downtown" in the City of Virginia Beach Several streets were closed in the 1970s in order to integrate many of the smaller parcels into large developable sites u Planning Commission Agenda February 12, 2003 TOWN CENTER ASSOCIATES, LLC I # 19 Page 2 capable of supporting the large-scale multi use buildings that are now planned for the area Public Facilities and Services Preliminary field investigation by the Department of Public Works determined there may be some traffic control equipment located within the area of right-of-way proposed for closure Transportation Columbus Street is shown on the Master Transportation Plan, adopted in 1997, as a 120-foot wide right-of-way Consistent with the plans for Town Center developed in 2000, Columbus Street is planned as a local connector street with pedestrian activity and will be variable in width The Department of Economic Development has determined that the existing width of 86 feet at this location is adequate and consistent with the plans Private Utilities Upon preliminary review, there does not appear to be any private utility facilities located within the portion of the right-of-way proposed for closure The applicant will be responsible for verifying that no private utilities exist in this area prior to final plat recordation Comprehensive Plan The Comprehensive Plan Map designates this area of the city as the Urban Center, an area planned for a mix of high intensity, pedestrian centered urban uses including employment, office, retail, residential, educational, centralized parking facilities and other compatible uses Evaluation of Request The Viewers Committee has determined that this street closure will not result in a public inconvenience and the Virginia Beach Economic Development Authority, current owners of the adjacent property, is supportive of this request The area of right-of-way to be closed will be incorporated into Block 10 of Town Center, which is planned for a multi- story apartment building containing 342 units The Viewers Committee recommends Planning Commission Agenda February 12, 2003 TOWN CENTER ASSOCIATES, LLC / # 19 Page 3 approval of the closure of this portion of Columbus Street subject to the conditions listed below Conditions The City Attorney's Office shall make the final determination regarding ownership of the underlying fee The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council Copies of the policy are available in the Planning Department 2 The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels The plat shall be submitted and approved for recordation prior to final street closure approval 3 The applicant shall verify that no pnvate utilities exist within the nght-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 shall be provided 4 The applicant shall verify that public traffic control equipment either does or does not exist If existing, the equipment shall be relocated prior to final plat recordation 5 Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void NOTE Further conditions may be required during the admrnistra6on of a hcable City Ordinances Planning Commission Agenda L n February 12, 2003 TOWN CENTER ASSOCIATES, LLC / # 19 Page 4 w00 00 zCO o� o� Ud z 4s zw d a� a 5N TOWN CENTER BLOCK 10 AREA-9Z267 SF OR 2.118 AC GM 1477-54-4538 INSTRUMENT NO XXXXXXX UNE TABLE LINE LENGTH BEARING L1 10 26' S '3 '53pW L2 34 48' S89 36'21 "W L3 4 46' SOO'31'25"E d O co '1 �c w a J h 01 o 0 N DENOTES A PORTION OF COLUMBUS STREET TO BE CLOSER 144 SF OR 0 003 ACRES L2 3001, S 89 35'53" W MUMS S' SfiTIi'T (YAff MVN RIV) INSTRUMENT NO XXXXXXX 4 tiHM Bch Planning Commission Agendaffi` February 12, 2003' TOWN CENTER ASSOCIATES, LLC 1 # 19 - Page 5 O a V DISCLOSURE STATEMENT AippliCaMrs Name TOWN CENTM ASSOCiATI-'S, LLC List All Current Property Owners City of VjrainiLa Beach Development Authority APPLICANT DMCLOSURE If the applicant is a CORPORATION, list all offcem of the Corporation below (Attach list if necessary) If the applicant Is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, Ilst all members or partners in the organiz dlon below (Attach list if necessary Members city Center Associates, LLC 35 07 'Manager Gerald Oxvar-ts Armada/Hoffier Properties, LLC 65 07 Lou_5 Haddad ❑ Check here if the applicant is NOT a corporation, partnership, firm or other unincorporated organization if the Appubmt Is not Me oun> wt oMer of aw pn vwty, o mplish the Pn vwty Owner Disclosure awffm beMw- PROPERTY OWNER DISCLOSURE If the property owner ki a CORPORATION, Hat all offcem of the Corporation bek w (Attach list ff necessary) If the property owner rs a PARTNERSHIP, FIRM, or other UNIHCORPORATED ORGANIZATION, list all members or partners in the organization below (Attach fist rt�iary�) 2�i�mzcipa zty) City of Virgon>.a Beach &conomzc Development Authorzty ❑ Chedc here d the property owner is NOT a corporation, partnership, firm, or other unincorporated organ=hon CERMFICATION ! certify Mat the lnf watlon contained herein is true and accurst+" signature Prrwd Name Street Closure Application Page B of 15 m d ed 10162002 Planning Commission Agenda February 12, 2003s TOWN CENTER ASSOCIATES, LLC 1 # 19 Page 7 Item #19 Town Center Associates, L L C Discontinuance, closure and abandonment of a portion of Columbus Street District 5 Lynnhaven February 12, 2003 CONSENT Charlie Salle' Next item is Item #19, which is Town Center Associates and that is for the closure and abandonment of a portion of Columbus Street Steve Lucas Good afternoon I'm Steve Lucas with Town Center Associates Charlie Salle' And, there are five conditions as part of this application Are they agreeable'? Steve Lucas Yes, they are Charlie Salle' Is there any opposition to this application? Therefore, I would move that we adopt the consent agenda consisting of Item #19 with five conditions Ronald Ripley So the motion has been made by Charlie to accept the item that he has listed for consent approval Do I have a second9 Seconded by Kathy Katsias Yes, Mr Miller9 Robert Miller I need to abstain from Item #19 My firm is working on that project Ronald Ripley Okay Before we vote I've asked Gene to comment on Item #19? Eugene Crabtree Number 19, the Town Center, the road closing for the Town Center on Columbus Street We really could not see why that was bypassed in the original drawings and original plans for Columbus Center Because this little strip of land has absolutely nothing to do with traffic or impact on traffic on Columbus Street and it will enable the curb to take a straighter line along side of the street instead of having a little indentation in the curb so we thought that it very definitely should be a consent item Ronald Ripley Thank you Gene Motion has been made It has properly been seconded So, I think we're ready to vote AYE S NAY 0 ABS 1 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE Item # 19 Town Center Associates, L L C Page 2 KATSIAS AYE KNIGHT ABSENT MILLER ABS RIPLEY AYE SALLE' AYE STRANGE AYE WOOD ABSENT Ronald Ripley By a vote of 8-0, the motion passes with the abstention so noted B/RDNECK WUAGE APARTMENTS LOT 22 SEC77ON 7W0 3 BL OCK 7 (MB 69 PG 26% o� GP/N 2417-69-4994 P PD 19.6 Z` Q, a, z -NFTj SAL TMEADOW BAY L L C GP11V 2417-79--4950 4h LOTS 2-5 � BL OCK 6 4., BEAN GARDEN" (mg 16 PC 5j) .:10 LOT 5 9L OCK 6 -- Exhibit A LOT 20 BL OCK 7 LOT 18 BL OCK 7 LOT 15 SL OCIK 7 SAL TMEADOW SA Y L L C GPIN 2419-70-JI72 ZOTS 8101214-22 LOT 14 BLOCK 7 ' SL OCK 7 (M8 15 PG 5-T� LOT 12 BL OCK 7 COT 4 LOT 10 BL OCK 5 BLOCK 7 -- 4, LOT J ; o IV LOT 8 BL OCK 6 BL OCK 7 0 —.- \ n — — \ SAL TMEADOW SA Y L L C LOT 2 \ GP/N 2417-79-5978 BLOCK 6 LOT A BLOCK 7 \� BEAN CAROEN" 15357 (MB 64 PG 36) _ S 173251" W 18357 YUR/KO / KEMP DENOTES PORTION OF CP/N 2417-79-585J � aa'o OAKLAND AVENUE TO LOT 1 BLOCK 6 cp ��\ BE CLOSED DB 1878 PG 40�� 'may 00 AREA-12 552 SF 288 ACRES BARBFRTory'OR "tr e'5D • RI., (MB 1sPc 5vC2305 "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OAKLAND AVENUE RIGHT OF WAY (MB 16 PG 53)NOVEMBER 12 2002 VIRGINIA BEACH VIRGINIA ■■.-■ram■■ on r, s■■ .. w ■■-■r-aa■ !■ r r ■■■ !■13r ■■ +�e■ '0J! IanLR� ermtec3 Lnvironmental Sciences ■■�i ■■■'� ■■■r+ �J ■7■ ' �J■ ROAD Toss ■!■❑ ■�W2. mrri■ p■! � ■NC_7�1■! "! L1= 202 r tx)^m r r r �'9264 r Ar f s' avcr 0614 LJONED OBO 96038A PIAT RECORDED IN DATE 11-12-02 SCALE 1 =60 DWN BY KCR MS 16 PG 53 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Salt Meadow Bay, L L C — Street Closure MEETING DATE March 11, 2003 ■ Background Application of Salt Meadow Bay, L L C for the discontinuance, closure and abandonment of a portion of Oakland Avenue beginning at a point 68 62 feet more or less west of Barberton Drive and running 455 84 feet in a westerly direction Said parcel contains 12,552 square feet DISTRICT 6 — BEACH The purpose of this request is to close a portion of Oakland Avenue and rezone the surrounding 3 53 acres to construct 17 homes under condominium ownership ■ Considerations The portion of Oakland Street requested for closure is currently an undeveloped paper street The property adjacent to this street is zoned R-7 5 Residential District but is proposed for a change of zoning as part of a separate request The Viewers have determined that closure of this right-of-way ts acceptable and that it will not result in any public inconvenience A portion of the street, prior to the actual intersection with South Barberton Drive, will remain public The Planning Commission placed this item on the consent agenda because, together with the proposed rezoning, this request is consistent with what has been previously approved Staff recommended approval There was no opposition to the proposal ■ Recommendations The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions The City Attorney's Office shall make the final determination regarding ownership of the underlying fee The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council Copies of the policy are available in the Planning Department 2 The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels The plat shall be submitted and approved for recordation prior to final street closure approval 3 The applicant shall verify that no private utilities exist within 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, shall be provided 4 Closure of the right-of-way shall be contingent upon compljance with the above stated conditions within 365 days of approval by City Council If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the nght-of-way this approval shall be considered null and void ■ Attachments Staff Review Disclosure Statement Ordinance Planning Commission Minutes Location Map Recommended Action Staff recommends approval Planning Commission recommends approval Submitting Department/Agency Planning Department City Manager r !L ORDINANCE NO IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS OAKLAND AVENUE AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OAKLAND AVENUE RIGHT OF WAY (MB 16, PG 53) NOVEMBER 12, 2002, VIRGINIA BEACH, VIRGINIA" WHEREAS, on March 11, 2003, SALTMEADOW BAY, LLC applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated, and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before March 10, 2004, NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before March 10, 2004 All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PORTION OF OAKLAND AVENUE TO BE CLOSED AREA = 12,552 SF OR 0 288 ACRES" shown as the cross -hatched area on that certain plat entitled "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OAKLAND AVENUE RIGHT OF WAY (MB 16, PG 53) NOVEMBER 12, 2002, VIRGINIA BEACH, VIRGINIA" Scale I "= 60', dated November I2, 2002, prepared by MSA, P C , a copy of which is attached hereto as Exhibit A GPIN 2417-79-4950, 2418-70-3172 and 2417-79-5978 SECTION II The following conditions must be met on or before March 10, 2004 l The City Attorney's Office will make the final determination regarding ownership of the underlying fee The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council Copies of said policy are available in the Planning Department 2 The applicant shall resubdo ide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels The resubdi vision plat shall be submitted and approved for recordation prior to final street closure approval 3 The applicant shall verify that no private utilities exist within the right-of-way Proposed for closure Preliminary comments from the utility companies indicate that there are no private utilities within the nght-of-way proposed for closure If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies 4 Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council If all conditions noted above are not accomplished and the final plat is not approved w ithin one year of the City Council vote to close the roadway, this approval will be considered null and void SECTION III 1 If the preceding conditions are not fulfilled on or before March 10, 2004, this Ordinance will be deemed null and void without further action by the City Council 2 If all conditions are met on or before March 10, 2004, the date of final closure is the date the street closure ordinance is recorded by the City Attorney 2 SECTION IV 3 A certified copy of this Ordinance shall be filed In the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2003 CA-8655 DateFebruary 24 2003 C \WiNN-RTemp%ca8W ord wpd APPROVED AS TO CONTENT -Z -03 PIann epartment APPROVED AS TO LEGAL SUFFICIENCY Gtv ttorrney ZONING HISTORY 1 Conditional Rezoning (R-7 5 Residential District to A-36 Apartment District) — Granted 1-22-02 Street Closure — Granted 1-22-02 Conditional Rezoning (R-7 5 Residential Distnct to A-36 Apartment District) — Granted 6-12-01 Street Closures — Granted 6-12-01 2 Street Closure — Granted 6-26-01 3 Conditional Use Permit (gas station) — Granted 3-14-88 ty .�enr Ss} l Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Salt Meadow Bay, L L C — Street Closure MEETING DATE March 11, 2003 ■ Background Application of Salt Meadow Bay, L L C for the discontinuance, closure and abandonment of a portion of Oakland Avenue beginning at a point 68 62 feet more or less west of Barberton Drive and running 455 84 feet in a westerly direction Said parcel contains 12,552 square feet DISTRICT 6 — BEACH The purpose of this request is to close a portion of Oakland Avenue and rezone the surrounding 3 53 acres to construct 17 homes under condominium ownership ■ Considerations The portion of Oakland Street requested for closure is currently an undeveloped paper street The property adjacent to this street is zoned R-7 5 Residential District The Saltmeadow Bay apartment complex (Conditional Rezoning to A-36 Apartment District), across Barberton Drive and to the north, was approved by City Council originally in June of 2001 Additional property was purchased and added to the complex for parking As a result, the originally proposed parking garage was eliminated These changes were reviewed and approved by City Council on January 22, 2002 Street closures were approved by City Council for a portion of Barberton Drive on March 26 1979, on the Saltmeadow Bay apartment site and more recently, in June 2001 South Oriole Drive, south of Barberton Drive, South Barberton Drive and Bean Avenue were also closed as a result of June 2001 street closures A Change of Zoning from R-8 Residential District to A-12 Apartment District was granted by City Council on February 24 1986 for a semi -attached two-story condominium project in the vicinity of this proposed apartment complex Several Conditional Use Permits have also been granted near this site These permits are primarily related to tire and gasoline sales The Viewers have determined that closure of this right-of-way is acceptable and that it will not result in any public inconvenience A portion of the street, prior to the actual intersection with South Barberton Drive, will remain public The western end of Oakland Avenue terminates Access to the site will be via the remaining "stub" of Oakland Avenue and will then transition to a private street with through access to South Oriole Drive The Planning Commission placed this item on the consent agenda because, together with the proposed rezoning, this request is consistent with what has been previously approved Staff recommended approval There was no opposition to the proposal ■ Recommendations The Planning Commission passed a motion by a recorded vote of 9-6 to approve this request with the following conditions The City Attorney's Office shall mace the final determination regarding ownership of the underlying fee The purchase price to be paid to the City shall be determined according to the Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,' approved by City Council Copies of the policy are available in the Planning Department 2 The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels The plat shall be submitted and approved for recordation prior to final street closure approval 3 The applicant shall verify that no private utilities exist within 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, shall be provided 4 Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void NOTE Further conditions may be required during the administration of applicable City Ordinances ■ Attachments Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action Staff recommends approval Planning Commission recommends approva4 Submitting DepartmentlAgency Planning Department City Manager STAFF PLANNER Carolyn A K Smith PURPOSE To close a portion of Oakland Avenue and rezone the surrounding 3 52 acres to create one (1) acre parcel zoned PD-H2 Planned Unit Development and construct 17 homes Land Use, Zoning, and Site Characteristics, Existing Land Use and Zoning The portion of Oakland Street requested for closure is currently an undeveloped paper street The property adjacent to this street is zoned R-7 5 Residential District Surrounding Land Use and Zoning North South East West Zoninq History • Single Family Homes vacant property / R-7 5 Residential District • Apartments / A-24 Apartment District • Single Family Homes, wooded vacant site / R-7 5 Residential District • Apartments / A-24 Apartment District The Saltmeadow Bay apartment complex (Conditional Rezoning to A-36 Apartment District), across Barberton Drive and to the north, was approved by City Council originally in June of 2001 Additional property was purchased and added to the complex for parking As a result, the originally proposed parking garage was eliminated These changes were reviewed and approved by City Council on January 22, 2002 Street closures were approved by City Council for a portion of Barberton Drive on March 26 1979 on the Saltmeadow Bay apartment site, and more recently, in June 2001 South Oriole Drive, south of Barberton Drive South Barberton Drive and Bean Avenue were also closed as a result of June 2001 street closures A Change of Zoning from R-8 Residential District to A-12 Apartment District was granted by City Council on Februai y 24, 1986, for a semi -attached two-story condominium project in the vicinity of this Op - Planning Commission Agenda #� February 12, 2003 SALT MEADOW BAY, LLC / # 2 `mot Page 2 proposed apartment complex Several Conditional Use Permits have also been granted near this site These permits are primarily related to tire and gasoline sales Public Facilities and Services Water and Sewer There is an eight (8) inch water main in South Oriole Drive and an eight (8) inch water main in Barberton Drive There is a ten (10) inch sanitary sewer main in Barberton Drive There is an eight (8) inch sanitary sewer main in South Oriole Drive There are no public utilities in the right-of-way requested for closure Public Works There is no asphalt within the existing right-of-way alignment of Oakland Avenue There are no drainage structures within the right-of-way proposed for closure Public Safety Police No comments Fire and No comments Rescue Private Utilities Hampton Roads Sanitation District (HRSD) has identified no utilities within the right-of- way proposed for closure In the event the right-of-way is approved for closure the applicant shall be responsible for providing appropriate easements for any private utilities At the time of this report, neither Virginia Power nor Virginia Natural Gas has responded Comprehensive Plan The Comprehensive Plan recommends this site as Suburban Residential at a density o 3 5 units per acre Evaluation of Request Planning Commission AgendaF,= February 12, 2003 SALT MEADOW BAY, LLC 1 # 2 Page 3 The Viewers have determined that closure of this right-of-way is acceptable and that it will not result in any public inconvenience A portion of the street, prior to the actual intersection with South Barberton Drive, will remain public The western end of Oakland Avenue terminates Access to the site will be via the remaining "stub" of Oakland Avenue and will then transition to a private street with through access to South Oriole Drive Conditions 1 The City Attorney's Office shall make the final determination regarding ownership of the underlying fee The purchase price to be paid to the City shall be determined according to the `Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council Copies of the policy are available in the Planning Department 2 The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels The plat shall be submitted and approved for recordation prior to final street closure approval 3 The applicant shall verify that no private utilities exist within 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, shall be provided 4 Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council If the condition-, noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void NOTE Further conditions may be required during the administration of applicable City Ordinances Planning Commission Agenda February 12, 2003 SALT MEADOW BAY, LLC ! # 2 Page 4 B'4L�i11£CK !/lLLAGE APAR7MEN7.5' 5EC 77ON T1�V IW,6 69 PG 26) 6P/A1 24 7-59-4994 Qp0)gS P c�'t P Y1 1'QN� I J1�O�N� SAL TYEA90W BA Y L L C 2� GP1N 2417-79--4950 4. LOTS 2-5 BL OCK 6 u, 19EAN GAh'LVEN" ' (N8 16 PC 5J) 15357 S 17 32 51" W 18357 nIR11clO / vfEMP GAIN 2417-79-5655 L OT 1 64 00K 6 (GB 1978 PG eOJ) -sue r `✓ ' 22 B CC 7 r LOT 7C r BL Cr- 7 r. v a� Lo/ � 91-OCr 7 SAL 7WA0OW BA Y L L C L� GP/N 2478-70-3172 L C75 8 70 72 74-22 u , 07 4 BL 00r 7 O 9L GCS 7 [ MB 16 PC 5,i) LOT ,c 9L OCR 7 a cn ` N � LOT 2 rn 91OCr� 7 SALRWEA111OW BAY L L C GPIN 2417 79— 978 LOT A SLOC7 9£AN GARDE1'J" n nn (YB 64 PG J6) DENOTES PORTION OF \\\ OAKLAND AVENUE 70 BE CLOSED AREA-12 552 SF OR 0 283 ACRES BARBERTON DR/Y�' rS.D, RIV) N8 16�G "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OAKLAND AVENUE RIGHT OF WAY (ME 18 PG 53) NOVEMBER 12 2002 ARGINIA BEACH VIRGINIA r 4 2 U No y 2306 �D SURVF�i Planning Commission Agenda February 12, 2003 SALT MEADOW BAY, LLC ! # 2 Page 5 Item # 1 & 2 Salt Meadow Bay, L L C Change of Zoning District Classification South side of South Oriole Drive Discontinuance, closure and abandonment of a portion of Oakland Avenue Distnct 6 Beach February 12 3003 CONSENT Ronald Ripley Okay Dot Wood normally handles the Consent agenda but I've called on the old season pro, former Chairman Charlie Salle', to get us through our Consent agenda today and so Charlie has been kind enough to agree to do that Charlie, would you please9 Charlie Salle' Certainly If I call your agenda item, will the applicant or the applicant's representative, please come forward to the podium First items on the Consent agenda are Items #1 & #2, which is Salt Meadow Bay, L L C for a Change of Zoning District Classification from R7 5 Residential Distnct to Conditional A-12 Apartment with PD-H2 Overlay and the abandonment, closure of a portion of Oakland Avenue Would you state your name please? Michael Barrett Michael J Barrett I represent Salt Meadow Bay, L L C Charlie Salle' There are some conditions that go with the street closure and the application itself is proffered Do you agree with the conditions? Michael Barrett We're in total agreement with them Charlie Salle' Thank you Is there any opposition to this application9 Thank you Ronald Ripley Charlie, I also asked some questions of staff in our informal meeting regarding the way the porch rails were going to be handled And they were satisfactonly answered They're going to be vinyl clad, I understand Michael Barrett Yes Ronald Ripley There won't be any exposed type woods Michael Barrett No Ronald Ripley Good Thank you Charlie Salle' Therefore, I would move that we adopt the Consent agenda consisting of items number 1 & 2, with four conditions Item #1 &2 Salt Meadow Bay, L L C Page 2 Ronald Ripley So the motion has been made by Charlie to accept the items that he has listed for consent approval Do I have a second? Seconded by Kathy Katsias Yes, Mr Miller? Robert Miller I need to abstain from items #1 & 2 My firm is working on those projects Ronald Ripley Okay Before we vote Part of what we do here is we tryto explain what our thinking is on the various different consent items We do that for the public's purpose as well as City Council who has to review this So, to understand what our thinking Ni as I've asked Don Horsley if he would comment on Item # 1 & 2 Don? Donald Horsley Thank you Ron Item #1 &. 2 the street closure goes right along 'A ith the proposed development The viewers said it would not propose any public inconvenience so we felt good to go with that and there was no opposition The proffers for item #1 are very well stated and it's going to be a very high quality development Tl-,c applicant is attempting to create a whole lot better design for this project while keeping a small number of lots and preserving existing woodland And, this project is very similar to the project that just passed Council last month for Salt Meadow Bay Apartments So we think there's a lot of quality there, so we felt that this deserves consent agenda status so that's the reason we put it there Ronald Ripley Motion has been made It has properly been seconded So, I think we'i e ready to vote AYE 8 NAY 0 ABS 1 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT ABSENT MILLER ABS RIPLEY AYE SALLE' AYE STRANGE AYE WOOD ABSENT Ronald Ripley By a vote of 8-0, the motion passes with the abstention so noted SALT MEADOW BAY, LLC / # 2 February 12, 2003 General Information: APPLICATION NUMBER L06-211-STC-2002 REQUEST Street Closure ADDRESS Discontinuance, closure and abandonment of a portion of Oakland Avenue beginning at a point 68 62 feet more or less west of Barberton Drive and running 455 84 feet in a westerly direction 341i mesa m Lfa , I LU A-3r r� F ou X& � W A-36 z ,� L 01 �r+f 1p1C T a I r uA 4U 1 fe ` 9tn 1 �r (Q n r of e ELECTION DISTRICT 6 -- BEACH SITE SIZE 12,552 square feet Street Closure - - s- Planning Commission Agenda% February 12, 2003- SALT MEADOW BAY, LLC 1 # 2 Page 1 SALT MEADOW BAY, LLC 1 # 2 February 12, 2003 General Information - APPLICATION NUMBER L06-21 1 -STC-2002 REQUEST Street Closure ADDRESS Discontinuance, closure and abandonment of a portion of Oakland Avenue beginning at a point 68 62 feet more or less west of Barberton Dave and running 455 84 feet in a westerly direction MoMap to Scale Saltmeadow Bay, LLC .� C) �/ A-36 3 9Q ELECTION DISTRICT 6 — BEACH SITE SIZE 12,552 square feet 4AA- 36 �4 rnA 3iacrG fey Cvndrliw,oi � �t F� S, .1 7 R5 5S ,� �• ,�1,{` iti ti Sneer Closure Planning Commission Agendax=^ s February 12, 2003 t SALT MEADOW BAY, LLC ! # 2 y ►r Y 1 Page 1 STAFF PLANNER Carolyn A K Smith PURPOSE To close a portion of Oakland Avenue and rezone the surrounding 3 53 acres to create one (1) acre parcel zoned PD-H2 Planned Unit Development and construct 17 homes Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The portion of Oakland Street requested for closure is currently an undeveloped paper street The property adjacent to this street is zoned R-7 5 Residential District Surrounding Land Use and Zoning North • Single Family Homes, vacant property / R-7 5 Residential District South . Apartments / A-24 Apartment District East . Single Family Homes, wooded vacant site / R-7 5 Residential District West . Apartments / A-24 Apartment District Zonin� He History The Saltmeadow Bay apartment complex (Conditional Rezoning to A-36 Apartment District), across Barberton Drive and to the north, was approved by City Council originally in June of 2001 Additional property was purchased and added to the complex for parking As a result, the originally proposed parking garage was eliminated These changes were reviewed and approved by City Council on January 22, 2002 Street closures were approved by City Council for a portion of Barberton Drive on March 26, 1979, on the Saltmeadow Bay apartment site, and more recently, in June 2001 South Oriole Drive, south of Barberton Drive, South Barberton Drive and Bean Avenue were also closed as a result of June 2001 street closures A Change of Zoning from R-8 Residential District to A-12 Apartment District was granted by City Council on February 24, 1986, for a semi -attached two-story condominium project in the vicinity of this Planning Commission Agenda February 12, 2003 SALT MEADOW BAY, LLC / # 2 Page 2 proposed apartment complex Several Conditional Use Permits have also been granted near this site These permits are primarily related to tire and gasoline sales Public Facilities and Services Water and Sewer There is an eight (8) inch water main in South Oriole Drive and an eight (8) inch water main in Barberton Drive There is a ten (10) inch sanitary sewer main in Barberton Drive There is an eight (8) inch sanitary sewer main in South Oriole Drive There are no public utilities in the right-of-way requested for closure Public Works There is no asphalt within the existing right-of-way alignment of Oakland Avenue There are no drainage structures within the right-of-way proposed for closure Public Safety Police No comments Fire and No comments Rescue Private Utilities Hampton Roads Sanitation District (HRSD) has identified no utilities within the right-of- way proposed for closure In the event the right-of-way is approved for closure, the applicant shall be responsible for providing appropriate easements for any private utilities At the time of this report, neither Virginia Power nor Virginia Natural Gas has responded Comprehensive Plan The Comprehensive Plan recommends this site as Suburban Residential at a density of 3 5 units per acre Evaluation of Request Planning Commission Agenda February 12, 2003 SALT MEADOW BAY, LLC 1 # 2 Page 3 The Viewers have determined that closure of this right-of-way is acceptable and that it will not result in any public inconvenience A portion of the street, prior to the actual intersection with South Barberton Drive, will remain public The western end of Oakland Avenue terminates Access to the site will be via the remaining "stub" of Oakland Avenue and will then transition to a private street with through access to South Oriole Drive Conditions t The City Attorney's Office shall make the final determination regarding ownership of the underlying fee The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council Copies of the policy are available in the Planning Department 2 The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels The plat shall be submitted and approved for recordation prior to final street closure approval 3 The applicant shall verify that no private utilities exist within 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, shall be provided 4 Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void NOTE Further conditions may be required during the administration of applicable City Ordinances Planning Commission Agenda February 12, 2003 SALT MEADOW BAY, LLC / # 2 Page 4 91RDP✓ECIr 19LL.46E ARAR�£V7S Sncr/QN Tor NV 59 Pc 25) i;PIN 2477-5.9-4994 � TZd,T1A b _ Opda�g3 L 07 10 BL OC�t T S� P ZUl BL f�CX ! a x LDr lb' SAY rMEADOW BA Y L L C � 9L OGJX 7 &C NeADOW 8A Y L L C GPIN ?W7 79, 49.SD # 1Y� •-�.�� L O7S 2-5 — �. --,..— COIN 241� 7D-J172 w Oar 5 L 07S $1 D 12 74-?2 10714 &DcW 7 gE& c fiSIB 16 PC _V) BLOGIr 7 (6 1B PC S,) LOB &L O4-e 6 CO% 12 BL OCR' 7 9L CG�r' 7 61 GCr "' cOr B BL C)'1sr 7 SAL h1al ALWW BA Y L L C G = -C COIN 241 T 79- 97e LoT A &OCAI 7 \ BE/4!/ GARL7�N" 153 57 54 PC B S 17 32 51' W 18357 r7JR#f0 / AiEAIP CHIN 2f17--78 :5d5.i �+ os DENOTES PORTION OF Ldr 1 BtOOr 6 + � � � OAKLANfl AVENUE TO D8 1678 PC 4Lt1 3 BE CLOSED AREA-IZ552 SF OR D 288 ACRES �A ' �50' R/ �lSTH 0p "PLAT yr SHOWING PROPOSED CLOSURE OF A PORTION OF OAKLAND No a AVENUE RiGHT OF wAY 2306 NOvEmBER 12 2002 �� VIRGINIA BEACK WRG4�FrA SUR1� Planning COMMIsslon Agenda s , February 12, 2003 t=L SALT MEADOW BAY, LLC 1 # 2 -� Page 5 I1 ISCLOSURE STATEMENT Applicant's Name Saltmeadow Bay, LLC List All Current Property OWners $altmeadow Bay, _LLC PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION list all officers of the Corporation below (Attach list if necessary) Andrew S Fine, Morris H Fine, Michael 7 _Barrett D 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 !f the applicant is not the current owner of the properly, complete the Applicant Disclosure mwtiov below APPLICANT DISCLOSURE if the property owner is a CORPORATION list all officers of the Corporation below (Attach list if necessary) Andrew S Fine, Morris H Fine, Michael J Barrett If the property owner is a PARTNERSHIP, FIRM or other UNINCORPORATED ORGANIZATION list all members or partners in the organization below (Attach fist if necessary) O Check here if the property owner is NOT a corporation partnership firm or other unincorporated organization CER,nFICATION ) certify that the information contained herein is true and accurate Michael J Barrett Signature Print Name Street Closure Application Page 8 of 15 waded 10 16 2002 Planning Commission Agenda February 12, 2003 SALT MEADOW BAY, LLC I # 2 Page 7 Item #1 & 2 Salt Meadow Bay, L L C Change of Zoning District Classification South side of South Oriole Drive Discontinuance, closure and abandonment of a portion of Oakland Avenue District b Beach February 12, 3003 CONSENT Ronald Ripley Okay Dot Wood normally handles the Consent agenda but I've called on the old season pro, former Chairman Charlie Salle', to get us through our Consent agenda today and so Charlie has been kind enough to agree to do that Charlie, would you please? Charlie Salle' Certainly If I call your agenda item, will the applicant or the applicant's representative please come forward to the podium First items on the Consent agenda are Items #1 & #2, which is Salt Meadow Bay L L C for a Change of Zoning Distnct Classification from R7 5 Residential District to Conditional A-12 Apartment with PD-H2 Overlay and the abandonment closure of a portion of Oakland Avenue Would you state your name please9 Michael Barrett Michael 7 Barrett I represent Salt Meadow Bay, L L C Charlie Salle' There are some conditions that go with the street closure and the application itself is proffered Do you agree with the conditions9 Michael Barrett We're in total agreement with them Charlie Salle' Thank you Is there any opposition to this application? Thank you Ronald Ripley Charlie, I also asked some questions of staff in our informal meeting regarding the way the porch rails were going to be handled And they were satisfactorily answered They're going to be vinyl clad, I understand Michael Barrett Yes Ronald Ripley There won't be any exposed type woods Michael Barrett No Ronald Ripley Good Thank you Charlie Salle' Therefore I would move that we adopt the Consent agenda consisting of items number 1 & 2, with four conditions Item #1 &2 Salt Meadow Bay L L C Page 2 Ronald Ripley So the motion has been made by Charlie to accept the items that he has listed for consent approval Do I have a second9 Seconded by Kathy Katsias Yes Mr Miller9 Robert Miller I need to abstain from items #1 & 2 My firm is working on those projects Ronald Ripley Okay Before we vote Part of what we do here is we try to explain what our thinking is on the various different consent items We do that for the public's purpose as well as City Council who has to review this So, to understand what our thinking was, I've asked Don Horsley if he would comment on Item #1 & 2 Don) Donald Horsley Thank you Ron Item #1 & 2 the street closure goes right along with the proposed development The viewers said it would not propose any public inconvenience so we felt good to go with that and there was no opposition The proffers for item #I are very well stated and it's going to be a very high quality development The applicant is attempting to create a whole lot better design for this project while keeping a small number of lots and preserving existing woodland And, this project is very similar to the project that just passed Council last month for Salt Meadow Bay Apartments So, we think there's a lot of quality there, so we felt that this deserves consent agenda status so that's the reason we put it there Ronald Ripley Motion has been made It has properly been seconded So, I think we're ready to vote AYE 8 NAY 0 ABS 1 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT ABSENT NHLLER ABS RIPLEY AYE SALLE' AYE STRANGE AYE WOOD ABSENT Ronald Ripley By a vote of 8-0 the motion passes with the abstention so noted SALT MEADOW BAY, LLC / # 1 February 12, 2003 General Information: APPLICATION NUMBER L06-21 1 -CRZ-2002 REQUEST Change of Zoning District Classification from R-7 5 Residential District to Conditional A-12 Apartment District with a PD-1-12 Overlay ADDRESS Property located on the south side of South Oriole Drive, 320 feet west of Barberton Drive Map L--e YaG HOL f 'r GPIN 24187031720000 24177949500000 24187043200000 SaUmeadozv Bay, LLG �!r a-35 � rLY.CiT17YR' f -51 A-36 e p� A-36 CrlMr7 XK Gpen See Apphcaaan Planning Commission Agendas s February 12, 2003 Ex r SALT MEADOW BAY, LLC / # 1 f Page 1 CITY OF ViRGINIA BEACH AGENDA ITEM ITEM Salt Meadow Bay, L L C — Change of Zoning District Classification MEETING DATE March 11, 2003 ■ Background An Ordinance upon Application of Salt Meadow Bay, L L C for a Change of Zoning District Classification from R-7 5 Residential District to Conditional A-12 Apartment District with a PD-H2 Overlay on the south side of South Oriole Drive, beginning at a point 320 feet west of Barberton Drive (GPIN 2418703172, 2417794950, 2418704320, and proposed closed portion of Oakland Avenue) The proposed zoning to Conditional A-12 with a PD-H2 Overlay is for residential land use at a density not to exceed 12 dwelling units per acre The Comprehensive Plan recommends use of this parcel for residential land use at or below 3 5 dwelling units per acre Parcel contains 3 53 acres, more or less DISTRICT 6 — BEACH The purpose of this request is to rezone the surrounding 3 53 acres to construct 17 single-family homes under condominium ownership ■ Considerations The property is currently wooded and is zoned R-7 5 Residential District The Saltmeadow Bay apartment complex (Conditional Rezoning to A-36 Apartment District), across Barberton Drive and to the north, was approved by City Council originally in June of 2001 Additional property was purchased and added to the complex for parking As a result, the originally proposed parking garage was eliminated These changes were reviewed and approved by City Council on January 22, 2002 The site is in an AICUZ of 70 to 75dB Ldn and within Accident Potential Zone 2 surrounding NAS Oceana As the property is within the Accident Potential Zone (APZ) and the 70 to 75 dB Ldn AICUZ, residential land use is typically inadvisable However, the 3 53 acres is currently zoned R-7 5 Residential District and has 17 legally platted, recorded lots on it While there is concern when residential uses are proposed in close proximity to or within the higher AICUZ district and the APZ, the Navy is not opposed to this request in light of the existing zoning and the fact that the number of dwelling units is not increasing with this proposal Salt Meadow Bay — Change of Zoning Page 2 of 2 The site plan depicts 17 detached, single-family dwelling units along a 24-foot wide private drive with through access to both Barberton Drive and South Oriole Drive The architectural design of the proposed 17 new units reflect the elements of the Saltmeadow Bay apartments through the use of vinyl shake, cement fiberboard siding, brick skirts, small porches, and cottage style windows and doors Use of the PD-H2 zoning and the single-family condominium layout allows the applicant to create a better design for the property while maintaining the small number of existing lots and preserving existing wooded areas that would be destroyed should the site be developed as platted The Planning Commission placed this item on the consent agenda because the proposal maintains the design and quality of what has been previously approved with the multi -family development to the north There was no opposition to the request ■ Recommendations The Planning Commission passed a motion by a recorded vote of 9-0 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 City Manager IC.- ELECTION DISTRICT 6 — BEACH SITE SIZE 3 53 acres and closed portion of Oakland Avenue (separate agenda item) STAFF PLANNER Carolyn A K Smith PURPOSE To close a portion of Oakland Avenue and rezone the surrounding 3 53 acres to construct 17 single-family homes under condominium ownership Major issues: • Degree to which the proposal is commensurate with the surrounding properties and existing zoning Land Use, Zoning, and Site Characteristics: Existina Land Use and Zonin The property is currently wooded and is zoned R-7 5 Residential District Surroundinq Land Use and Zoning North • Single-family Homes, vacant property / R-7 5 Residential District South + Apartments / A-24 Apartment District East . Single-family Homes, wooded vacant site / R- 7 5 Residential District West . Apartments / A-24 Apartment District Planning Commission Agenda February 12, 2003 SALT MEADOW BAY, LLC / # 1 Page 2 S1G�NtA �4 Zoning and Land Use Statistics With Existing Under the existing R-7 5 Residential District Zoning, Zoning this 3 53-acre site could, in theory, accommodate approximately 12 units However, there are currently 17 existing separate existing single-family lots platted on these 3 53 acres Several are substandard in terms of the lot width as required by the existing Zoning Ordinance With The proposed rezoning reconfigures the existing lot Proposed layout to form a horseshoe design with 17 single-family Zoning dwellings to be built under a condominium form of ownership Zonina History The Saltmeadow Bay apartment complex (Conditional Rezoning to A-36 Apartment District), across Barberton Drive and to the north, was approved by City Council originally in June of 2001 Additional property was purchased and added to the complex for parking As a result, the originally proposed parking garage was eliminated These changes were reviewed and approved by City Council on January 22, 2002 Street closures were approved by City Council for a portion of Barberton Drive on March 26, 1979, on the Saltmeadow Bay apartment site, and more recently, in June 2001 South Oriole Drive, south of Barberton Drive, South Barberton Drive and Bean Avenue were also closed as a result of June 2001 street closures A Change of Zoning from R-8 Residential District to A-12 Apartment District was granted by City Council on February 24, 1986, for a semi -attached two-story condominium project in the vicinity of this proposed apartment complex Several Conditional Use Permits have also been granted near this site These permits are primarily related to tire and gasoline sales Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of 70-75dB Ldn and within Accident Potential Zone 2 surrounding NAS Oceana As the property is within the Accident Potential Zone (APZ) and the 70 to 75 dB I' do AICUZ, residential land use is typically inadvisable However, the 3 53 acres is currently zoned R-7 5 Residential District and has 17 legally platted, recorded lots on it While there is concern when residential uses are proposed in close proximity to or within the higher AICUZ district and the APZ, the Navy is not opposed to this request in light of the existing zoning and the fact that the number of dwelling units is not increasing with this proposal a�aNu � Planning Commission Agendas February 12, 2003 SALT MEADOW BAY, LLC 1 # 1 Page 3 Public Facilities and Services Water and Sewer There is an eight (8) inch water main in South Oriole Drive and an eight (8) inch water main in Barberton Drive This site must connect to City water There is a ten (10) inch sanitary sewer main in Barberton Drive There is an eight (8) inch sanitary sewer main in South Oriole Drive This site must connect to City sewer Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP) Laskin Road in the vicinity of this application is a four (4) lane divided urban arterial There is currently a project under design and review to upgrade this facility to a six (6) lane roadway This project is part of the Laskin Road Gateway project, which is scheduled for completion in 2005 Traffic Calculations Street Name Present Present Generated Traffic Volume Capacit Laskin Road 28 000 ADT 27 300 ADT z Existing Land Use — 170 ADT No data for South Oriole Drive and Proposed Land Use 3— 170 ADT Barberton Drive 'Average Dady Trips 2 as defined by potential traffic generated by the 17existing platted lots each with one dwelling unit 3 as defined by the proposed 17 dwelling units Schools School Current Enrollment Capacity Generation t Change 2 Cooke Elementaqt 1582 680 52 0 Vir inia Beach Middle 1814 1,043 10 First Colonial High 1,951 1,788 4 0 ' generation represents the number of students that the development will add to the school Planning Commission Agenda February 12, 2003 SALT MEADOW BAY, LLC / # 1 Page 4 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) 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 additional comments Rescue Comprehensive Plan The Comprehensive Plan recommends this site as Suburban Residential at a density of 3 5 units per acre Summary of Proposal Proposal • A request for a conditional rezoning of 3 53 acres from R-7 5 Residential District to Conditional A-12 Apartment District with a PD-H2 overlay to construct 17 single-family dwelling detached units in a condominium form of ownership Site Design The site plan depicts 17 detached, single-family dwelling units along a 24-foot wide private drive with through access to both Barberton Drive and South Oriole Dave • The ten (10) homes proposed on the south and west side of the curved private drive back up to a wooded area that will be preserved This wooded area (1 16 acres) will serve as a buffer to the existing apartments adjacent to these property lines In addition, the seven (7) homes proposed on the south side of the private road will back up to existing single-family homes that front South Oriole Dave and Planning Commission Agenda February 12, 2003 SALT MEADOW BAY, LLC 1 # 1 Page 5 Planning Commission Agenda February 12, 2003 SALT MEADOW BAY, LLC / # 1 Page 12 _ ,.: p - '.,�.'� •'��.'setl.ww ,.r.�..�,.� <.otR m q, Y '4 �, 41 � „bw.. r fffii-1 ratal�gl$*SA&a Rllu Nll*ll�ai�i�[l®titsitli8'� 'A V rsNilll Clll Rllllll�:erR � � } { �NN.d 'i •i4 ��a, e� ¢f�sr. ��� �� � � S � 1 ���,�A ■vv Ylf ilid8f? #.i Ni1llli�sr .. � - . ■sv eu son>,ae :p-.u. vaaRar.� � BMW so-' A. �i off +.� E � :xrrrrys4wa� NrgoN�rr�lrr� �, Ir•N �. ex`atf ... gd.> Yf �i&a eIlot a ^P �r .. - :•- :.�: u � r..-e �..a,.-..-:arW�a :arc.�°�e`-�ar�=�rc.�-,.•..� .. �. .:..:.=.:;;w1� � Spp w 4� 4 Wilma MOP r— "i, '- 4 y■6pp� i w...�-r Ar.� m..�."3k+,BY ter...-,��..� r..r..w.��r....l1wr�• /����i%.M rir�- - «,. m4 tat .d,Y„_ wnr w .ram -+.,. .> - d" _ ._.._ ,:�. A"x• � . B lb _ ... i■t��wtw■blai■eww■wfew■� �e Wit 3✓' � _ sika°We ��l�bli].%lii 18�6 W8�2�g�Y�R��t��Ye �� a�fi'•�"!"�kR1�€g%iMl�tiffif�41R��C�I�:i�9z'<�R4ki�:����f�Pi9dk➢l i ��[r � ■['��r ie � e ■rl �!f lw:Fil �!!■fflll�r�■ al �- � B' ®-�r� g DISCLOSURE STATEMENT Applicant's Name SAltmeaanv Bay. ?-LC List All Current Property Owners _ Saltmeadow Bay, LLC - PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION last all officers of the Corporation below - (Attach list if necessary) Andrax S_ Fine. mnrric R. Fjna_ PHnbAci i 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 Of 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) Andrew S Fine, Mori ss H. Fine. Michas]„ 1. AArrett! If the property owner is a PARTNERSHIP, FIRM or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below (Attach hst if necessary) ❑ Check here if the property owner is NOT a corporation partnership, firm or other unincorporated organization URTIFICATION ! c lfy that the information contained herein is true and accurate Mi-chael-j- rretr Signature Print Name Conditional Rezoning Application Page 10 of 14 Planning Commission Agenda February 12, 2003 SALT MEADOW BAY, LLC 1 # 1 Page 17 Item # 1 & 2 Salt Meadow Bay, L L C Change of Zoning Distnct Classification South side of South Oriole Dnve Discontinuance, closure and abandonment of a portion of Oakland Avenue District 6 Beach February 12, 3003 CONSENT Ronald Ripley Okay Dot Wood normally handles the Consent agenda but I've called on the old season pro, former Chairman Charlie Salle' to get us through our Consent agenda today and so Charlie has been kind enough to agree to do that Charlie, would you please Charlie Salle' Certainly If I call your agenda item, will the applicant or the applicant's representative, please come forward to the podium First items on the Consent agenda are Items #1 & #2, which is Salt Meadow Bay, L L C for a Change of Zoning District Classification from R7 5 Residential District to Conditional A-12 Apartment with PD-H2 Overlay and the abandonment, closure of a portion of Oakland Avenue Would you state your name please" Michael Barrett Michael J Barrett I represent Salt Meadow Bay, L L C Charlie Salle' There are some conditions that go with the street closure and the application itself is proffered Do you agree with the conditions9 Michael Barrett We're in total agreement with their Charlie Salle' Thank you Is there any opposition to this application9 Thank you Ronald Ripley Charlie, I also asked some questions of staff in our informal meeting regarding the way the porch rails were going to be handled And they were satisfactorily answered They're going to be vinyl clad, I understand Michael Barrett Yes Ronald Ripley There won t be any exposed type woods Michael Barrett No Ronald Ripley Good Thank you Charlie Salle' Therefore, I would move that we adopt the Consent agenda consisting of items number 1 & 2, with four conditions Item #1 &2 Salt Meadow Bay, L L C Page 2 Ronald Ripley So the motion has been mdde by Charlie to accept the items that he has listed for consent approval Do I have a second? Seconded by Kathy Katsias Yes, Mr Miller9 Robert Miller I need to abstain from items #1 & 2 My firm is working on those projects Ronald Ripley Okay Before we vote Part of what we do here is we try to explain what our thinking is on the various different consent items We do that for the public's purpose as well as City Council who has to review this So, to understand what our thinking was, I've asked Don Horsley if he would comment on Item #1 & 2 Don9 Donald Horsley Thank you Ron Item #1 & 2, the street closure goes right along with the proposed development The viewers said it would not propose any public inconvenience so we felt good to go with that and there was no opposition The proffers for item #1 are very well stated and it's going to be a very high quality development The applicant is attempting to create a whole lot better design for this project while keeping a small number of lots and preserving existing woodland And, this project is very similar to the project that just passed Council last month for Salt Meadow Bay Apartments So, we think there's a lot of quality there so we felt that this deserves consent agenda status so that s the reason we put it there Ronald Ripley Motion has been made It has properly been seconded So, I think we're ready to vote AYE 8 NAY 0 ABS 1 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE )[SIGHT ABSENT MILLER ABS RIPLEY AYE SALLE' AYE STRANGE AYE WOOD ABSENT Ronald Ripley By a vote of 8-0, the motion passes with the abstention so noted FORM No P 5 18 City of Virginia I3eack-i INTER -OFFICE CORRESPONDENCE In Reply Refer To Our He No DF-5674 TO Leslie L Lilley FROM B Kay Wflsoap RE Conditional Zoning Application Saltmeadow Bay, LLC DATE February 26, 2003 DEPT City Attorney DEPT City Attorney The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 11, 2003 1 have reviewed the subject proffer agreement, dated November 15, 2002, 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 mash to discuss this matter further BKW Enclosure This Document Prepared by Fine Fine Legum & Fine, P A THIS AGREEMENT made this l 5th day of November, 2002, by and between SALTMEA)DOW BAY, LLC, Property Owner/Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part WITNESSETH WHEREAS, Property Owner is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, more particularly described as follows All those certain lots, pieces or parcels of land located in the City of Virginia Beach, Virginia being, known, numbered, and designated on a certain plat entitled "Bean Garden located near Virginia Beach, Virginia m Princess Anne County" dated June 12, 1944 said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 16, PG 53, and being more specifically described as follows Block 7, Lots 8, 10, 12, 13, 14-22, Plat of Bean Garden Block 6, Lots 2-5, Plat of Bean Garden Portion of Oakland Avenue to be closed, title to which shall vest in Salt Meadow Bay LLC, said property hereinafter referred to as the "Property", and GPIN/ACCT NOS 2418 70 3172, 2417 79 4950, 2418 70 4320 WHEREAS, the Grantor 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 change the Zoning Classification of the Property from R-7 5 Residential District to Conditional A-12 with a PD-H2 overlay, and WHEREAS, the Grantees policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation, and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of cases on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise, and WHEREAS, the grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zonmg Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and apphcable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezomng NOW, THEREFORE, the Grantor, their 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 glLid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes 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 the Grantors, their successors, personal representatives, assigns, Grantees, and other successors in interest or title The project shall be developed substantially as shown on the Exhibit for Conditional Rezoning dated 11/13/02 entitled Conceptual Site Layout and Landscape Plan of Condos @ Saltmeadow Bay prepared by MSA, P C which has been exhibited to the City of Virginia Beach City Council and is on file with the Department of Planning (hereinafter "Concept Plan', which plan provides for 146 acres of open space 2 The project shall not exceed the 17 units with a density of 4 81 units per acre 3 The height of the homes shall not exceed 35 feet 4 The exterior design, material, and colors of the single family shall adhere to the elevations shown on the exhibit dated 11-12-02 and entitled "Saltmeadow Bay Condos Barberton & South Oriole Drive, Virginia Beach, " prepared by Dimensional Designs, Inc, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations'), which materials have been coordinated with the approved design, materials, and colors of the adjacent Saltmeadow Bay Apartment project The building envelope (exterior walls, roof system and exposed floor at garage level) will be designed in accordance with industry standard, sound reduction construction materials and techniques Installation of these exterior elements will be in accordance with accepted sound reduction construction practices 6 Further conditions may be required by the GRANTEE during detailed Site PIan 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 the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed The conditions, however, may be repealed, amended, or vaned 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 such 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 The Grantor 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, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court, and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee WITNESS the following signatures and seals GRANTOR SALTMEADOW BAY LLC i""l Andrew S Fin 7V "'�'i Michael J Barrett STATE OF VIRG CITY OF !w , to -wit 1, n„ ►�a A/) , a Notary Public in and for the City and State aforesaid, do hereby certify that _Andrew S Fine , whose name is signed to the foregoing instrument dated the 2nd day of November, 2001, did personally appear before me to my City and State aforesaid and acknowledge the same to me GIVEN under my hand and seal this 15th day of November, 2002 Notary Public My commission expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit 1, ILiwWwN AN&nr) a Notary Public to and for the City and State aforesaid, do hereby certify that Michael J Barrett whose name is signed to the foregoing instrument dated the 2nd day of November, 2001, did personally appear before me to my City and State aforesaid and acknowledge the same to me GIVEN under my hand and seal this 15th day of November, 2002 Notary Public My comnussion expires _ ,h`-� r /h eo��— - - _ Cipin 1467-25-8002 ZONING HISTORY 1 Conditional Use Permit (tower) Withdrawn 11-20-89 2 Conditional Use Permit (wireless communication monopole) Approved 11- 25-97 Conditional Use Permit (tower) Approved 12-17-84 3 Conditional Use Permit (transmitter) Approved 1-8-90 Conditional Use Permit Withdrawn 12-19-77 Conditional Use Permit (indoor recreation) Approved 7-10-78 4 Conditional Use Permit (expansion of substation) Approved 5-29-90 5 Conditional Use Permit (80' monopole tower) Approved 1-23-96 6 Conditional Use Permit (communication tower) Approved 3-14-95 Conditional Use Permit (motel units) Approved 11-18-85 7 Conditional Use Permit (tower) Approved 6-11-84 8 Conditional Use Permit (hotel) Approved 6-24-85 9 Conditional Use Permit (antenna) Approved 4-13-87 Conditional Use Permit (satellite dish) Approved 8-10-87 10 Rezoning by City Council (C-G2 Commercial, C-G3 Commercial, and R- S4 Residential to M-13 Manufacturing/Industrial) Approved 10-14-68 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM New Life Christian Fellowship — Change of Zoning District Classification and Conditional Use Permit MEETING DATE March 11, 2003 ■ Background An Ordinance upon Application of New Life Christian Fellowship for a Change of Zoning District Classification from 4-1 Light Industrial District to 0-1 Office District on the west side of Business Park Drive, approximately 293 feet north of Greenwich Road (GPIN 1467258002) The proposed zoning to Conditional 0-1 is for office land use The Comprehensive Plan recommends use of this parcel for business parks, offices, industrial, and employment support land use Said parcel is located at 149 Business Park Drive and contains 43,167 96 square feet DISTRICT 2 — KEMPSVILLE An Ordinance upon Application of New Life Christian Fellowship for a Conditional Use Permit for a church on the west side of Business Park Drive, approximately 293 feet north of Greenwich Road (GPIN 1467258002) Said parcel is located at 149 Business Park Drive and contains 43,167 96 square feet DISTRICT 2 — KEMPSVILLE The purpose of the requests is to operate a church in an existing building ■ Considerations The property is currently developed with an office building and is zoned 1-1 Light Industrial District The entire area, including the subject site, between 1-264 and the Norfolk Southern Railroad was rezoned by City Council from commercial and residential to industrial zoning in 1968 Several Conditional Use Permits for communication towers and transmitters have been approved in the vicinity of this application from the mid- 1980's to the late 1990's The applicant proposes to extensively renovate the interior of the building and make minor improvements to the exterior of the building The interior renovations New Life Christian Fellowship Page 2 of 3 will result in the ability of the church to accommodate up to 300 people for a church service There is an existing two-story building on the north side of the property The parking lot is located to the south and west of the building and contains 39 spaces The property to the south and two properties immediately across Business Park Drive have agreed to allow church attendees to park in their lots on the weekends and on Wednesday evenings Combined with the parking on - site, over 100 spaces will be available, which is well over the 60 spaces required by the Zoning Ordinance Having secured these spaces in adjacent lots, the applicant has requested a variance from the Board of Zoning Appeals to the required on -site parking The applicant's request for a change of zoning from 1-1 Light Industrial to 0-1 Office and conditional use permit for a church is acceptable Although the proposed zoning classification is inconsistent with the surrounding zoning, the uses permitted in the proposed 0-1 Office zoning district are more restrictive in almost all cases than those permitted in an 1-1 Light Industrial zoning district Further, despite the 1-1 Light Industrial zoning in this area, the established land use that has developed in this area is office Churches are compatible land uses with offices, particularly due to the opposite hours typically operated by these two types of uses Staff recommended approval There was opposition to the request ■ Recommendations The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions 1 Landscaping shall be added as shown on the site plan entitled, "New Life Christian Fellowship, Virginia Beach, Virginia" dated November 4, 2002 by Boundary First, P C , which has been exhibited to the City Council and is on file with the Planning Department The number of on -site parking spaces shall be no fewer than 39 2 The building shall be renovated as depicted on the elevations entitled, "New Life Christian Fellowship, Virginia Beach, Virginia" dated November 1, 2002 by Baines Design Group, which has been exhibited to the City Council and is on file with the Planning Department 3 The existing freestanding sign shall be refaced and used for the church If a new freestanding sign is sought at any time, it shall be a maximum of eight feet in height and shall be monument style The base of such sign shall be brick to match the brick on the building 4 The applicant shall obtain all the necessary permits, inspections, and approvals from the Fire Department and the Permits and Inspections New Life Christian Fellowship Page 3 of 3 Division of the Planning Department before occupancy of the building A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department 5 This Conditional Use Permit shall be administratively reviewed in two (2) years 6 Church services shall be limited to weekend hours and to weekday evening hours after 6 30 P M ■ Attachments Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action Staff recommends approval Planning Commission recommends approval Submitting Department/Agency PIDepartment !qWkL City Manager L NEW LIFE CHRISTIAN FELLOWSHIP / # I 24 & 25 February 12, 2003 General Information: APPLICATION C07 - 210 - REZ - 2002 NUMBERS C07 - 210 - CUP - 2002 REQUEST 24)Change of Zoning District Classification from 1-1 Light Industrial District to 0-1 Office District 25)Conditional Use Permit for a church ADDRESS 149 Business Park Drive map NaP Not to scale New Lie Chrzstzan Fellowshz 7 / hr !p Gpm 1467-25-8002 m''tiNu.,ara�s Planning Commission Agenda%n� r February 12, 2003- , NEW LIFE CHRISTIAN FELLOWSHIP 1 # 24 & 25 Page 1 GPIN 14672580020000 ELECTION DISTRICT 2 — KEMPSVILLE SITE SIZE 0 991 acres STAFF PLANNER Ashby Moss PURPOSE To operate a church in an existing building within the office complex APPLICATION These applications were deferred at the January 8, 2003 Planning HISTORY Commission hearing because a variance from the Board of Zoning Appeals (BZA) was necessary to allow off -site parking for the proposed church The variance request is scheduled for the February 5, 2003 BZA hearing The variance request must be approved in order for these applications to proceed The BZA hearing had not taken place when this report was written The results will be reported at the briefing to the Planning Commission on February 12 Major Issues: • Degree to which the use is compatible with neighboring properties • Availability of parking facilities for the church Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The property is currently developed with an office building and is zoned 1-1 Light Industrial District Planning Commission Agenda February 12, 2003 uY NEW LIFE CHRISTIAN FELLOWSHIP 1 # 24 & 25 ' Page 2 Surrounding Land Use and Zonin The subject site is located within an office park and is surrounded by office buildings All surrounding property is zoned 1-1 Light Industrial District Zoning and Land Use Statistics With Existing All uses permitted within the 1-1 Light Industrial District, Zoning including auto rental, parts and supply stores, auto service establishments, delivery businesses, office buildings, heavy equipment sales and services, manufacturing establishments, printing establishments, and repair establishments Other conditional uses would be permitted with approval of a Conditional Use Permit With All uses permitted within the 0-1 Office District, Proposed including office buildings and child care centers Other Zoning conditional uses would be permitted with approval of a Conditional Use Permit Zonm4 History The entire area, including the subject site, between 1-264 and the Norfolk Southern Railroad was rezoned by City Council from commercial and residential to industrial zoning in 1968 Several conditional use permits for communication towers and transmitters have been approved in the vicinity of this application from the mid-1980's to the late 1990's 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 The site is already connected to City water and sewer u �r Planning Commission Agenda# February 12, 2003 NEW LIFE CHRISTIAN FELLOWSHIP I # 24 & 25 Page 3 Public Safety Police No comments Fire and To be occupied as a place of assembly, additional building Rescue code requirements must be met A Certificate of Occupancy and Fire Code Permit must be obtained prior to occupancy Comprehensive Plan The Comprehensive Plan recommends a variety of employment uses including business parks, offices, appropriately located industrial and employment support uses The land use policies in the Plan also recognize the need for legitimate support uses that fulfill the needs and services of the adjacent community Summary of Proposal Proposal • The applicant proposes to hold church services and other church activities for a maximum of 300 people within the existing building on the subject site • The applicant has also requested a variance from the Board of Zoning Appeals to the required on -site parking Three adjacent properties have agreed to allow the church to park in their lots on weekends and Wednesday evenings The Zoning Administrator has recommended that a condition be added to any variance approved by the Board of Zoning Appeals requiring documentation of the parking arrangement with the adjacent properties Site Design • There is an existing two-story building on the north side of the property • The parking lot is located to the south and west of the building and contains 39 spaces The property to the south and two properties immediately across Business Park Drive have agreed to allow church attendees to park in their lots Combined with the parking on -site, over 100 spaces will be available, which is well over the 60 spaces required by the Zoning Ordinance Planning Commission Agenda February 12, 2003 NEW LIFE CHRISTiAN FELLOWSHIP / # 24 & 25 Page 4 °S7 Vehicular and Pedestrian Access • The property has one access point on Business Park Drive • A sidewalk is already present in front of the property Architectural Design • The existing building is a colonial style two-story brick building with an asphalt shingle roof A cupola exists on the roof, which is easily converted to a steeple if a cross is installed on top • The applicant plans to enlarge the gabled covered entrance and double doors, sidelights, and dual columns to the entranceway A handicapped accessible ramp will also be added in the front to facilitate access into the building Landscape and Open Space • The applicant has submitted a site/landscape plan depicting proposed and existing landscaping on the site New rows of shrubs are shown on the south side of the building and along either side of the front sidewalk leading to the front door Additional trees and shrubs are shown within the existing islands of the parking lot, and in front of the building Evaluation of Request The applicant's request for a change of zoning from 1-1 Light Industrial to 0-1 Office and conditional use permit for a church is acceptable Although the proposed zoning classification is inconsistent with the surrounding zoning, the uses permitted in the proposed 0-1 Office zoning district are more restrictive in almost all cases than those permitted in the existing 1-1 Light Industrial zoning district Therefore, there is almost no risk of introducing an incompatible land use to the area under the proposed zoning Further, despite the 1-1 Light industrial zoning in this area, the established land use that has developed in this area is office Churches are compatible land uses with offices, particularly due to the opposite hours typically operated by these two types of uses In this situation, the Zoning Ordinance has forced the applicant to request a change of zoning on the subject property in order to locate a church in a perfectly appropriate location This is not an isolated case In the past, there have been a number of situations similar to this one in which a church has requested to locate in 1-1 zoned area Most have looked elsewhere because the Zoning Ordinance does not allow churches in the 1-1 Light Industrial District However, there are many locations, such as r 1A Planning Commission Agenda 0 )'; h February 12, 2003 ` NEW LIFE CHRISTIAN FELLOWSHIP 1 # 24 & 25 Page 5 this one, in which a church would be a compatible use in an 1-1 zoned area A suggested solution to this issue is to amend the City Zoning Ordinance, adding churches as a conditional use to the 1-1 Light Industrial District Staff recommends approval of the rezoning and conditional use permit applications, subject to the conditions listed below Conditions 1 Landscaping shall be added as shown on the site plan entitled, "New Life Christian Fellowship, Virginia Beach, Virginia" dated November 4, 2002 by Boundary First, P C , which has been exhibited to the City Council and is on file with the Planning Department The number of on -site parking spaces shall be no fewer than 39 2 The building shall be renovated as depicted on the elevations entitled, "New Life Christian Fellowship, Virginia Beach, Virginia" dated November 1, 2002 by Barnes Design Group, which has been exhibited to the City Council and is on file with the Planning Department 3 The existing freestanding sign shall be refaced and used for the church If a new freestanding sign is sought at anytime, it shall be a maximum of eight feet in height and shall be monument style The base of such sign shall be back to match the brick on the building 4 The applicant shall obtain all the necessary permits, inspections, and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department 5 This Conditional Use Permit shall be administratively reviewed in two (2) years 6 Church services and gatherings shall be limited to weekend hours and to weekday evening hours after 6 30 P M NOTE Further conditions may be required during the administration of applicable City Ordinances Plans submitted with these rezon►no and conditional use oerm►t Planning Commission Agendaxv February 12, 2003`� E NEW LIFE CHRISTIAN FELLOWSHIP 1 # 24 & 25 Page 6 applications may require revision during detailed site plan review to meet all applicable City Codes Conditional use permits must be activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information Planning Commission Agenda February 12, 2003 NEW LIFE CHRISTIAN FELLOWSHIP / # 24 & 25 Page 7 Y�� M sum ift Planning Commission Agenda£ February 12, 2003 NEW LIFE CHRISTIAN FELLOWSHIP 1 # 24 & 25 Page 8 ZE ll t l it t t 4 y s bbb4 { 4 i< �Y Planning Commission Agenda (gf%x February 12, 2003 NEW LIFE CHRISTIAN FELLOWSHIP ! # 24 & 25� Page 9 rJ 7 V Planning Commission Agenda of February 12, 2003 NEW LIFE CHRISTIAN FELLOWSHIP 1 # 24 & 25'="' Page 10 Planning Commission Agenda February 12, 2003 NEW LIFE CHRISTIAN FELLOWSHIP 1 # 24 & 25 Page 11 0 v a a DISCLOSURE STATEMENT Applicant's Namie �Nek ' fe Chri%ti-an , L-lloahi List All Current Property Owners _.__If irbour Investments LLC PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION list all officers of the Corporation below (Attach list if necessary) Rv, h No±tstc er maniger if the property owner is a PARTNERSHIP, FIRM or other UNINCORPORATED ORGANIZATION list all members or partners in the organization below (Attach lest fFnecessary) ❑ Check here if the property owner is NOT a corporation partnership firm or other unmcor'porated organizaton ff the applicant is not the current owner of the property .complete iris Applicant Disciosure secbvo below APPLICANT DISCLOSURE if the property owner is a CORPORATION hst all officers of the Corporation below (Attach list if necessary) stL is saffcyil cisDavid Paekcn, 3osRph. i rad1., —. yr mar;x "riL i%3tt pr 4,16 liar From Rae Di.c nkc If the property owner is a PARTNERSHIP, FIRM or other UNINCORPORATED ORGANIZATION list all members or partners to that organization glow (Attach list it necessary) ❑ Check here if the property owner is NOT a mrporation, partnership firm or other unincorporated organization CERTiFicA,noN 1 certify that the information contained herein is true and accurate � f �5sgnature Rezoning Application Page 8 of 12 Pnnt Rams Planning Commission Agenda February 12, 2003 NEW LIFE CHRISTIAN FELLOWSHIP 1 # 24 & 25 Page 12 DISCLOSURE STATEMENT Applicant's Name _ ��" * ��` 2 ri�:Lia i lieiwJii — --- List All Current _ Property Owners� s PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION list all officers of the Corporabon below (Attach list if necessary) n 14 G Jt Its yrr 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 N the eppikent is not the current miner of the property compute Nee Applicant Disclosure secoon below APPLICANT DISCLOSURE If d-,-- property owner is a CORPORATION I+st alf officers of the Corporation below (Attach hst if necessary) i.d%ld acken� Jowa'I 1 nod_, StevF ia� asi rt _ gat i% .I t xa- e mt n <a} f7VN^ rye If the property owner }s 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 firrrr or other unincorporated organization CMTIFtCATtoN i certify that the information contained herein is true and accurate. Signature Pant Name -- - — Conditional Use Permit Application Page 8 of 12 Planning Commission Agenda February 12, 2003 NEW LIFE CHRISTIAN FELLOWSHIP / # 24 & 25 Page 13 Item 424 & 25 New Life Christian Fellowship Change of Zoning District Classification Conditional Use Permit 149 Business Park Drive District 2 Kempsville February 12, 2003 REGULAR Robert Miller The next item is Item #24 & 25, New Life Christian Fellowship R J Nutter Good afternoon Mr Chairman, ladies and gentlemen of the Commission For the record my name is R 3 Nutter I'm an attorney I represent New Life Christian Fellowship The assistant in my office and Pastor Skaggs, who is the Pastor of the church and before we lose anymore people we lost quite a few just given the time of the day I would Iike to ask the members of the church who have been able to still remain with us today to stand up if they could They have taken off time from their work and tried to stay And, we lost about half But they all wanted to come today to show their support for what we're presenting to you today Thank you very much In a moment I'm going to ask Pastor Skaggs to speak to you about his church Ronald Ripley You were in the informal here R J Nutter Yes He sure was Ronald Ripley I'd trump your presentation but normally churches are pretty automatic but you heard some of the issues that we were concerned about? R J Nutter Certainly I recognize that Ronald Ripley When you move along if you can get to those points we would appreciate it R J Nutter I'll be happy to do that Ronald Ripley It will save a lot of time R J Nutter Because frankly the biggest question when this first came to us, the church had done an enormous amount of homework on its own In fact, I must tell you that we dealt with churches, as you know, here for a ling time This may be the most prepared church application I have ever seen in my life And, I'll show you by some of the exhibits I'm going to represent to you here in a second They did an enormous amount of homework ,1A ith engineers the City, with adjacent property owners and neighbors before they ever undertook this application And, the issue first came to be the fact this property The area is zoned I-1 The I-1 district currently does not allow churches as a conditional use That frankly makes a lot of sense The I-1 district doesn't often doesn't develop in a fashion like this has, much of the time the 1-1 district develops in a much more light industrial or industrial fashion This area has developed in a predominant office fashion as staff correctly points out So, if you were to see this area today, and understand that Landmark Design formerly Langley McDonald was in this industrial zone, and you aught be surprised by that You'll be happy to learn that most of these properties are in what we would refer to an office park So, the predominate use in that area, and I've visited this area many times and I'm sure that you all on the Commission has as well Tidewater Board of Realtors is right around there I ve been to many seminars there I've given many seminars at Tidewater Realty So, I'm very familiar with the area I know how the businesses there We have many clients through that area I would say it was a predominately an office area And, the office district churches are allowed by Conditional Use Permits So, this is nothing unusual for an actual office area So, I thought staff did an excellent job of pointing that out to you in their write up, and their recommendation for approval, by saying this is not developed in an industrial fashion It's developed in an office fashion Number one and number two, rezoning this property from I-1 to office is not out of character therewith the area And, frankly they point out that the uses allowed in the 0-1 district is far more restrictive then the uses allowed in the I-1 district So, if you re thinking we're going to be opening up some new egregious forms of use for the area, the reality is the uses in the 0-1 district are far more restrictive than the adjacent properties that are adjacent to us We have a lower height restriction The 0-1 district restriction is a 35-foot height linut That s not the case in the other So there are a lot of features that are more restrictive with this application that might be otherwise So, the other things that struck us about to address the concerns that I heard this morning, is this large enough? What do we do about expansion9 How do we handle the parking situation9 All very legitimate questions and let me take them one by one if I could First, Mr Miller did a wonderful job this morning of doing part of my work quite frankly And, explaining to the Commission what is often the case these days with churches and that is it is very difficult for them to find to acquire three -acre parcels of land throughout the City of Virginia Beach to develop in So, what's happened is many of them come as you know or they are just getting started in smaller pieces of property and most of them in strip centers, which quite frankly I think this is a considerable improvement over a church being located in a strip center So, and what they're doing is they are looking at what I would term from the way I was brought up in my church at least is a traditional type of activities The church activities that occur here are predominately congregational meetings and they have of course services on Sunday They do not hold weddings here They don't plan too They do not hold funerals at their facilities They don't plan too And, I agree with Mr Scott I think it is a good idea frankly to put in as a condition but there's no zoning inspector that I know is going to go out there and stop a funeral or wedding and neither of the services and try to stop that from happening But I do think if that was to happen it would be contrary to what we've intended and what are agreeing to So, if that were to happen then it would be a basis for overturning or to revoking the Use Permit And, we have no objection therefore to imposing it I know how I feel if I saw Karen show up with a notice to stop a wedding or funeral, so I can understand that We wouldn't want to put Bob's staff through that then access to the building, which is required today anyway And, secondly they're widening this ever so slightly to allow for two doors for it to be a double door entrance to the front of the building The only external change that you're going to see to the building is going to be right here in the rear where there's a wooden deck and storage area behind the building Frankly, it's not the most attractive portion of the building That area will be fully enclosed with brick like the rest of the building and the same colors It will be trimmed with the same roof It'll just be enclosed entirely in that area They are not happy with the way it looks What they re also doing and finally these are the pictures of the improvements I just talked to you about This is the double door entranceway with the new portico entrance, a much larger and more substantial structure The rear of the building showing the brick (inaudible) showing the side of the entrances as opposed to the wooden storage area that is there today This is how it will look from the north and south elevations As you can see it's almost exactly the same extension extended portico here and the enclosure here in the rear Ronald Ripley Can you pass that around9 R J Nutter 111 be happy to What is really going to interest you is the extension, which they've gone to designing the interior Carmax didn't do this This is a computer generated graphic that will show what they plan to do to the interior portion and to accommodate the seating capacity of the church, but they would move the interior walls put in a ceiling like this and actually this is on a disc so they actually take you 360 degrees to show you the entire church But I will tell you of all the churches that I've been to represent and helped along the way I've never seen anyone go to this level of planning And, by the way all this was presented to the congregation Their congregation consisted of over 225 residents of Virginia Beach They voted almost unanimously in favor of moving to this location So, in fact, I believe it was in excess of 95 percent to vote in favor of moving to this location I tell you about the neighbors that I went to From a capacity issue, Mr Chairman you asked about what happens if the church and the congregation grow and they become more successful, how do they accommodate that') Well, again what they simply do in a church instead of having one service on a Sunday you go to two services And, that accommodates a huge amount of growth if that would occur So, what you can have, my church for instance has three different sessions on Sunday that we go to But that is what they would do If they go beyond that they would simply and as Mr Miller suggested is they find another location and move But I would tell right now they currently have 225 members They typically have 200 people attend their services They're currently at Larkspur Middle School is where currently their services are held The reason why they would not like to stay in this facility is that the school system has been very nice They have a 30-day notice to quit provision So, at any moment in time they can change and be forced out in the street So, that is why they looked for locations like this that are permanently in nature that they can own They can snake improvements to and cooperate with everyone in the area Ronald Ripley So, there's like no partition walls in there9 They can lust open them up' R J Nutter Actually, the plans will show you there's a break down inside Janice Anderson Did you say how many that's going to seat? R J Nutter As I understand it will seat approximately 300 hundred Janice Anderson So inside it would seat 300 hundred R J Nutter Yes ma'am These are the before and after This is before It shouldn't surprise you It's sort of a typical office layout, office building with a reception area meeting rooms, etc Ronald Ripley So, it's kind of open in the middle already? R J Nutter It's kind of open Surprisingly, they have a general office area on the first floor apparently I have not been on the inside of the building But this is the structure after it's improved The congregational area you lust show in that depiction is located right here The storage area behind that for many of the seating actually it's associated with the services, small kitchen area, offices on the side and rest rooms here, small nursery for children during the course of the services and on the second floor there's a classroom up stairs I think its predonunately classrooms It looks like an existing roof area in the back so it s just like a classroom So we give you an idea of how well they thought this out And you asked about also the parking situation What do they do when in fact the parking agreements they have are terminated by the owners? Well, frankly what we have to do that is why we sought twice the number of parking spaces than we actually need Number one Number two, what we've found is that that same condition by the way exists and I'm sorry that Bobby Vakos isn't here because he's so familiar with it This is very familiar document that the City is used to seeing at the Oceanfront where much of the parking at the Oceanfront is off site to parking agreements And what happens and what the City will require of us as to the vanance is that if we do not have the required parking at any given point in time we're required to reduce the number of rooms available in the facility to the public And, we're allowed to substitute new parking for that in the same area and the Planning Director has to agree to that But I would tell you that concept is not unknown It's very commonplace particularly at the Oceanfront So, in this case the variance will be granted It will be with that same condition About the parking we have already under a contract today is double the City requirement We have 60 spaces across the street and we have 30 spaces right next door to us In fact, if I could go back to the zoning snap, I d like to show you What they did do as well and Pastor I apologize One of the things that I asked him to talk about is the people he visited prior to every doing this as well as his congregation He said that his view was that if he didn t want to come here and if the neighbors in the area didn't want him there So, he met with the owners of this property and they had no objection And they signed the parking agreement with him He s met with the owners of this property They have no objection and they signed a parking agreement with him He s met with the owners of this property and they have objection They have signed a parking agreement with him He has tried twice to meet with the owners of this property and they have not been able to return his calls He s met with the owners of this property This is the Mass Mutual property where Langley McDonald used to be Landmark design today is where it's located They have no objection to it They would not sign a parking agreement They said they were a little tight on parking as it is right now And, forgive me Pastor and I believe you met with these people as well And they had no objection And, he met with the owners of this property They had no objection but they weren't interested in parking agreement because the current tenant needed the parking on Sunday So, I will tell you that I know we have some opposition here today but before this application was filed we had met with just about every adjacent property owner to the site We have tried to meet with others I had met with the City I met with his congregation And, so what you're seeing really is like we said in the prior application, something a little new and a little different But frankly makes perfect sense and honestly feel comfortable in telling you is that I like this answer for where churches should start looking far more than strip center We don't' devalue the property We improve the property The property is not dark You don't have a strip center that's 25-35 percent dark during Monday through Friday You have a much better use and you have frankly, the use of the parking and road system You're using it in an off peak period without having to duplicate another location Ronald Ripley Any questions9 R J Nutter I would like Pastor to speak if I could? Ronald Ripley We brought up the question about funerals weddings which is part of the church and those occurring during the weekday when you got everybody in their working and coming and going R J Nutter We actually have no weddings and no funerals at this facility at all We have no objection What they found and I know the Pastor will speak to this but Ronald Ripley Even on Saturdays or Sundays9 R J Nutter Even on Saturday and Sundays What happens is that on funerals what's happening is they're going to the funeral homes for the services and in weddings, most of their congregation is young and they end up getting marned at their homes or in parks or places like that as opposed to the church They have another location in Chesapeake and they have not had those services at that facility So, they have no problem with that as a condition And, again as I indicated to Mr Scott, we don't expected the zoning inspector to show up We have no objection to the fact that if it does occur he can write us a letter stating we have evidence that is occurring and it doesn't stop we'll take your use permit Ronald Ripley Do we have a hard time making conditions against the Lord It's not a hard thing for us to do R J Nutter I understand We re trying to be nice to you here I'd like to be on the Lord's side Ronald Ripley I'm not going there Yes Kathy) RobertScott I lust had this picture cross my mind during a ceremony and they get to the point where they say speak now or ever hold your peace My inspector stands up Kathy Katsias Chesapeake is the only other location that they have R J Nutter It's the only other location right now Kathy Katsias Is that a traditional church building9 R J Nutter Pastor Skaggs come on up I like to introduce Pastor Sam Skaggs who is the Pastor of the church Pastor Sam Skaggs Good afternoon Yes, we have five locations in Chesapeake and four of them meet in schools They currently are in local Chesapeake schools And some of them are in the process of buying land and building a building They face different issues that I face in Virginia Beach Because we have been looking at property for almost five years and either it's in a crash zone around Oceans or the expense is so absorbent that we can't afford it because of the cost of developing because sometimes the acreage is more than three acres and so we're trying to be prudent and pay as we go and steward wise We haven't found too many strip malls that have been appealing to us because we have our commitment to excellence Our value is excellence and that is one of the reasons why we approached the other businesses there If we re not welcome we didn't want to intrude and push our way in We're trying to think outside the box of how we could actually live together and utilize space in a way it would be complementary So, for us if we had any kind of ceremony or a meeting, we agreed already with our neighbors it would be on the weekends or during the evening when there's virtually no one there I told Mr Nutter that would not only be a violation if you would make it a condition it would be a violation of the commitment we made to the community Much like if a church moves into a residential area and they would say they wanted to be good neighbors and then start having concerts outside with great big speakers Well most churches don't do that because they want to have peace and harmony with the community where they're at and so we know that it's unusual for an office complex but we're looking for it being a blessing to that community as well as serving some of the needs that we have as a congregation So, our whole spirit of approaching tlus project has been one of really of trying to see if we work out a win -win situation with the business community and quite frankly some of the owners of the buildings were stunned Some of them were church attendees and some of them were not but they all complimented us on thinking through an issue like this and doing something that would be complementary to that area So we were encouraged by the neighbors rather than discouraged Because I was real hesitant at first because it was an unusual approach to solving a problem but once we started meeting our neighbors and talking with them they actually encouraged us to move in this direction So we decided at that point to contact the Planning staff and we got some encouragement there Went to Michael Barnes who s our architect and he began to work with us and we lust decided to put some money into the planning to see if we could actually do this in a way that would not waste your time in coming here for an application So that is what brings us here today Ronald Ripley Thank you Any questions? Thank you Is there anybody to speak in favor9 R J Nutter I won t delay you with all the members but they're here Ronald Ripley We appreciate that Robert Miller Mr Joseph Lassiter Joseph Lassiter Good afternoon I'm Joseph Lassiter Jr I'm an attorney I represent Allan Crown Properties Jim Allan is my client and he's out of town He spends the month of February in Flonda which is the way the weather's been I guess that's a good place to be But he will be back the first of March He opposes the use of this office building as a church And he has no animosity towards the church whatsoever And, I can see from the presentation that they're trying to do a good thing and I can appreciate their interest in doing it at this site But, I would suggest that this the wrong site to do it It is zoned I-1 and I suppose converting it to 0-1 is probably is not really the issue The issue is the Conditional Use Permit The change in zoning is unnecessary if it's not going to be used as a church And, I would submit that there are at least three issues, probably more but the parking, the traffic and the acreage They got a plan for 300 hundred seats They have 225 members at present They want to grow the church The phrase "huge amount of growth" was used Whether they have a huge amount of growth or just a good growth they are already somewhere near the maximum for their size I read one time that if a church is 80 percent full it's maxed out because people don't like to squeeze in to the last available seat or the last available parking space so they're already filling this facility when they move into it So, their solution is to go to more than one service And at least in my experience my church had an 8 00 AM, 9 00 AM and 11 00 AM service And the 9 00 & l 1 00 o'clock services they tend to overlap because both congregations intend to be there at the same time for Sunday School or whatever meetings they might do between the services You want your church to be used for everything, that's why they are there They're there to congregate and gather together and worship together and all of that The services, I mean churches have Tuesday services, Ash Wednesday services Monday/Thursday services, All Saints Day hits during the week Easter week services a lot of them have regular Wednesday services I believe they do Funeral, obviously hit all different times and usually are not held on Sunday in a Christian church Weddings are usually held on a day other than a Sunday, usually Saturday I suppose So, I would assume that the church would be used for a lot of things Churches have soup kitchens and the NEST Program in Norfolk They have churches in neighborhood that provide emergency shelter at times The residents in the neighborhoods don't like that It brings a whole other batch of people into the neighborhood So, I would submit that this church is squeezing into a small facility that they will outgrow in no time at all The traffic situation is of great concern Greenwich Road in that area is really a two-lane road I mean that is what it is It widens as you get down to other areas like where the Virginian Pilot is but at that area it is a two-lane road When you go to an office building in Business Park Drive, Business Park Drive is also a two-lane road There's no turning lane There's no right turn lane, there's no left turn lane just the one Iane coming out of Business Park Drive When I go to visit this accounting firm that I've been to recently which I believe, not too good at this, right there is the account firm that I went to and coming out of there you can backup three or four cars waiting to get out of Greenwich Road if one car is making a left turn then whether you're going right or not, you're going to have to wait for them to complete their left turn Incidentally my client 1s at 205 Greenwich Road which is right there There are two buildings side by side My client owns this one, which is known as the Commonwealth Building, Jim Allan used to be the CEO of Commonwealth Brokers So, I guess that is where the name came from originally I think it was their offices until the company was sold His parking lot backs up He has a parking lot that goes, his parking lot is here and the building is adjacent here, and this is kind of one big combined lot that is really the most adjacent lot to where the church wishes to be located But, in any event, in some ways the adjacent neighbors are not as impacted because they are closer to Greenwich Road but anybody coming out of this building trying to get out here when the church services are going on or church is Ietting out or whatever, that's going to be a lot of problems There are also 60 other spaces across the street and that means that's a whole of pedestrian traffic back and forth across this street There is no crosswalk If you put a crosswalk in that s a whole other congestion to add to the area So, I would submit that the impact on the traffic situation is going to be very difficult This has been compared to putting churches in strip centers or shopping centers Well, we certainly don't have that situation here but with strip centers and shopping centers you usually have a lot of avenues of ingress/egress You're not relying on one bottleneck to get everyone in the shopping center out of the shopping center area In this case, we ve got the bottleneck at Business Park Drive and Greenwich Road and there's just no other way to get out The acreage requirement maybe gets waived quite often in the strip center situation or something but I think the requirement is there fora reason I guess maybe it just situates the church on a big enough area that is not a heavily impact on the adjacent area at all but in this particular situation it's not we have a large traffic area and maybe the shopping center is falling on hard times and they need a tenant and it's a good alternative use This is a good thriving office park and should remain so The other neighbors the accounting firm I mentioned, the Board of Realtors was mentioned I don't know if they have seminars or whatever on weekends but that could be another problem there A lot of the people have consented I believe front on Greenwich Road I think the old McDonald building, I think has egress on Greenwich Road rather than on Business Park Drive, so that doesn't impact them like it would my client And I just find it hard to believe that a church would want to go into a property and not plan to hold weddings or funerals there particularly if it's a growing church that going to keep getting longer I sympathize with their problems in finding a site But, I would submit that the Jehovah Witness site that we heard about earlier, I mean I didn't study it but it sure seemed like a good site And, I note that there s a traffic plan there and it says that the potential land use This is an application for 16 traffic calculations It says potential land use 78 average daily trips Potentially, the proposed land use has 46 average daily trips during the week and 187 on Sunday This is for a church that is putting in 275 seats at the Jehovah Witness site So, this is comparable to this 300-seat church that this application has and it would seem to me that that's obviously going to be a huge increase in the traffic They re using the church now I mean they're using the building now as offices That is what it was meant to be And, the fact they happen to locate their office there when they needed office space, that's what it is supposed to be used at The fact that they are already there really should not influence whether they are going to be allowed to come in with a non -conforming use And, I think that parking at the Oceanfront situation is a really whole different situation Anyway, 111 answer any questions Thank you for time and consideration Ronald Ripley Any questions Yes Donald Horsley You're client does he have weekend hours? Is he there) Joseph Lassiter He's the owner and leases the space So, his tenants that he leases to do indeed some of them work on Sunday I know I would go to church at 8 or 9 inthe morning and then go to my office Sunday morning, where I am downtown You know, I don't have traffic on Sundays to content with That s a slow day and I get a lot done Coming to Business Park Dnve, the accounting firm I know those folks are working weekends now Donald Horsley It's not like they got clients coming in So, you wouldn't have the traffic that you're talking about everyday dunng the week though Joseph Lassiter Well, the accounting firm, I think from now until Apnl 15, they may see clients on weekends I don t know I know they must account because I know I work 24- 7 until tax season is over I know there's a vacant lot out there that Mark Barnes has a big sign on it Look like he's trying to develop So, I believe that's that nght there So, there's going to be more business more offices, more out there rather than less I think Ronald Ripley Any other questions) Thank you very much Joseph Lassiter Thank you Ronald Ripley Mr Nutter, would like to readdress us9 R J Nutter Bnefly Thank you very much I love to First let me let you know that we re old friends We haven't seen each other since law school practically but I did tell him that because his client was out of town we'd be happy to meet with him between now and Council when he returns from Flonda But, I would say that quite frankly, there are a number of things that I d like to address that he did indicate with you First on the parking, we know we have more than sufficient parking at tlus location to accommodate this We wouldn't have done this We would have invested the money And, I think sometimes the best test is to listen to people actually put their money where their mouth is and that's what we've done here We doubled the parking requirement of the City here rather than anywhere to try and cut back on them And secondly I think the biggest difference between us is the difference in opinion of whether or not that area is a vibrant business area on weekends which is the only time we would be using the property, principally for our church services, which where the bulk of the people will come from In fact, I asked the pastor if I had to put a condition that we would not hold services except on the weekend and he said he's fine with that The only meetings we would have there will be in the evenings in fact and he said he would be fine with that So, I can tell you while these offices there may be possible to access these offices, I can tell you that there all going to be locked You're going to have to get special accessibility to get in if you want to see your accountant or anyone else or any other businesses there because there isn t going to be anyone there The receptionist the staff will not be there And, we've all been there so we know how hard it is get in big buildings much less smaller buildings These areas are routinely not occupied during that time period Not to say that in case a person typically it is professions close to tax time is the business people checking on the owners of their businesses coming in and warriors have to do that and I m sorry to say But, a lot of times business owners will stop in and check on their property But, it's not really open for business And I think that s the difference between our version of this application if you will, we view it quite frankly, the way your professional staff has viewed it They wouldn't have recommended approval if they thought the traffic problem at all They looked at it Traffic Engineering Department looked at and had no objection whatsoever In fact, they like the idea They encouraged the church because it's utilizing available services and amenities that are not used in that property That's the difference between us Otherwise I think they would agree that this is quality improvement to the building No significant change in what's there today, just a lot of nice people using it in the time period when the vast, vast majority of every single tenant and owner in that space will never be there That's what you go and we ask that you support the church They've done a wonderful job We ask that you support your staff's recommendation They looked at just as well And, frankly, we think it s a very exciting use of the property and one that would be a benefit to the area and hardly a detriment And in fact if Mr Lassiter s client has some adjacent property for lease for a possible parking, we'll be happy to talk to them because right now our site plan right now we have a large open green area back there I m not sure which plan I have that shows that But there's a large green area in the back that's adjacent to that, so we have not planned to disrupt that area His client's property is right about through here, the first of the two buildings lot runs As you can see we have some parking here but we have about 60 or 70 foot area right through There's a large tree here and that's the reason why we wanted to go back in there and add additional parking We didn't want to tear that down We are adhering to the benefit of his client quite frankly, but if there's a possibility of access to his site and some additional parking, we're happy to pursue that as well Ronald Ripley Okay Any questions? Yes Kathy Katsias Hi I just wanted to ask The 300-seat capacity is that the maximum that is allowable in that building? Pastor Sam Skaggs Per service, yes R J Nutter For service, yes Kathy Katsias Per service So, in an 8,000 square foot building the maximum allowed is 300? R J Nutter It will be about 300 Kathy Katsias Thank you Ronald Ripley Mr Din William Din I guess once you exceeded 300 members in the church, what is the plan9 R J Nutter The plan would be frankly, if we can't accommodate through a second service, we would have to look for another site It's as simple as that If you outgrow any business or any activity, you're going to have to look elsewhere or restrict your membership William Din I brought this concern up in the informal session again And, don't misconstrue I'm not against church or church growth I'm Just concerned about the compatibility of a growing church in this area will exceed the capacity of that area and when that happens particularly in an office area like this and I ve seen it happen in just a neighborhoods The roads don't accommodate it and the facilities don't accommodate it And that was my only concern in bringing it up earlier that the church, a successful church will grow and hope that this church does grow because that's what they're here for I think the concern is that it grows too fast and it grows to exceed the capacity of what you re expecting there So, I'm toying with that concern R J Nutter That's why I tell you that this building without any renovations other than what we talked about right now which you can see are really improvements over what's there William Din And I've seen what you've done there We didn't have that before this meeting and it was a concern of what was inside and how it was going to look and the renovations that were the capacity of that And I agree that they really planned for this thing it looks great R J Nutter Like I said before, we would be just like anyone else If that facility didn't meet our needs we would go to another facility And, the nice part about this is the existing facility will remain largely intact and available for renovation as an office, which is the predominate use in the area Ronald Ripley Charlie Charlie Salle' R J I don't know whether this would be acceptable to the Commission but would it be acceptable to you all to have a two year limitation subject to administrative review9 R J Nutter I would recommend it Yes sir They're acceptable with that I think that's a really good idea Charlie Because this is a substantial investment but they're very confident in what they are trying to do and that really puts their money where their mouth is Ronald Ripley Gene Eugene Crabtree Where's the congregation currently meeting and is not the proposal here an outgrowth of the fact that they have outgrown where they currently are? R J Nutter No They're currently meeting in the Larkspur Middle School I'm sorry And, the problem with Larkspur Middle School isn't a capacity problem, the problem %ith that is that they are subject to a 30-day notice to quit And, that's true with any school system so many churches that are using those facilities are frequently in search of long-term properties Eugene Crabtree Ijust this mught an outgrowth of the amount growing where they were already My only other comment is too bad this building isn't sitting on three -acre lot R J Nutter Fortunately, one thing nice about thus and I think the Pastor was trying to speak to this and it's sort of a non-traditional church and you re seeing that more and more particularly in this area So in result, the three -acre level was adopted 20 years ago and was based on the traditional church where many of the services that did not take place here and never taken place often do The other is quite frankly is cost perspective Churches are finding and Mr Miller you spoke to this that your congregation comes from broad areas and you have the option of having multiple locations to better serve those people with smaller investment costs or having one large massive plan, which have to draw people from multi city areas throughout Tidewater And we're seeing more and more exactly of what Bob suggested as for the church It doesn't sound very nice but it sounds like a church plan where you have smaller churches closed to their parishioners Ronald Ripley I think Don has a question also Donald Horsley Just to make the record clear There is no intention of the church having daycare and these other types of activities, so we'll have it on the record R J Nutter Happy to do that None whatsoever The only activities like that come close to it are when the church does meet They do have a fatality there to take care of the children while the members are there Donald Horsley But that s during the meeting times? R J Nutter Exactly And that's only for the members It's not an after school service It's not a service to the public It's just when people are there they can bring their children and they encourage their children to come to church Ronald Ripley Would the church be agreeable limiting their large gatherings like funerals and weddings to Saturdays and Sundays and nights I think you all have said that R J Nutter We said that and we have no problem with that at all And, we already said that we will not have funerals or weddings as well Ronald Ripley I'm not saying no to do that, I'm saying limiting them to the weekends and nights R J Nutter We would have no problem with that and you 11 find we won't be doing them anyway Robert Miller That's what you already committed not to have funerals or weddings I think it would be better if lust stay with that and not have them at all without disrespect That's what you said and that's what we need to perhaps with R J Nutter That would be fine We're happy with that Ronald Ripley Joe you have a question9 Joseph Strange I mean you're talking about evening but evening could be 5 30-6 00, I mean that would still be a traffic problem for most of these people coming out of there say if there was 6 00 o'clock in the evening R J Nutter 6 00 o'clock would be fine We have no objection Actually we represented most of the people around us that would be around 7 00 o clock when we would have those types of meetings Joseph Strange I support the application personally but I can see that during the week we have that little narrow road and traffic patterns around 5 30-6 00 o clock, something like that I mean that could be a problem R J Nutter And, I agree and that's why we went over the conditions because we understand going to this location that's the way it would have to be run Ronald Ripley If parking is an issue in that park, you know the Board of Realtors does have a school and they're so crowded that they're actually going to sell that building and move because they can accommodate the parking R J Nutter And I think that s why they have opened this with very open eyes and they obviously they done a lot of planning so, they understand that this services their needs And, it might not serve a lot of churches needs My church would not be able to do this And, none is a traditional church and but that's okay They can live with this and they're happy to do it and it won't be intrusive on the area So, this isn't for everybody I think it's very similar Ronald Ripley Any other questions9 Thank you very much R J Nutter Thank you Mr Ripley Sorry for the time Ronald Ripley Now, any discussion? Donald Horsley I'll just make my comment and you all know my philosophy about churches I kind of inherited that philosophy but it's a good one But, I think and we talked about this during the Comprehensive Plan reviews and whatever and our land base in the City is getting very small and anytime we get a chance to coordinate a use that will use property at off peak times I think it's a good opportunity for us to do And, I applaud the church for doing this and being able to make these concessions that they have made about the times they will meet and to coordinate the parking I applaud them for doing that and wish them well in their venture So I will be supporting this Ronald Ripley Will William Din I think what I've heard is lot of concessions on the church's part to be as least intrusive as they could I don't see the use here is going to be in competition with the other businesses there and I think the church will work that through and I too like Don, was going to follow his philosophy on churches and support this application If it comes time, I d be glad to make a motion to approve this application Ronald Ripley Okay Yes, Jan Janice Anderson Thank you I just have one that addresses the traffic that they mention that would be a problem But, I think it actually it would be controlled by the limitations Since the parking is actually on an agreement basis they have to be real good to their neighbors not to disturb that because that can be pulled So, I don't think they're going to have big things on Wednesday during the day or anything like that They're going to be more sensitive because they're going to be using other people's parking So, that will actually limit them because especially if thev are on a two year review and that is part of one of the conditions that's going to limit them even more to put it on Just on the weekends and do a plan like they have proposed to us Ronald Ripley Joe did you have a comment? Joseph Strange The only thing that I would add to it is that I also like the fact that you're not darkening some shopping center during the week there which is most the people in the shopping center depending on traffic and when they move in there it does seem during the week take away their business traffic coming through there so I think that s a good idea Ronald Ripley Yeah It s a very good adaptive use of a building It just had a parking limitation has given us a lot of issues to deal with and that's why were adding these conditions So, I would like to get a motion William Din I don't think we're adding any conditions to this motion that I know of we didn't hear any conditions, the conditions of houra Ronald Ripley The two conditions that I heard is that we are going to do an administrative review for two years William Din You're right Ronald Ripley And all large gatherings will be limited to did you want to put time on it9 Joseph Strange I think 6 30 would be a good time Ronald Ripley 6 30 during the weekdays and Saturday and Sundays and no weddings and funerals on the premises Donald Horsley Friday Saturday and Sunday I thought too Kathy Katsais Services on Sunday only9 Some one said Sunday only Ronald Ripley So do you want to make that motion9 Is that motion that you were thanking of making? William Din I don't have any objection to what we're discussing here and I'll try to craft the conditions Ronald Ripley Give it a shot William Din We'd like to recommend approval of this agenda item with the following two added conditions One is that there be a two-year administrative review added and that the second condition be that there be all Iarge gatherings of the congregation will be held after 6 30 on weekdays and limited to Saturdays and Sundays And, I'm not going to make a condition about the weddings and funerals I don't think that's needed Donald Horsley I'll second that motion I don't thank that other deal is really needed because you've limited your weeknight to nights and Saturday and Sunday I really don't have a problem with funerals myself on Saturday and Sunday They said they wouldn't but I don't really have a problem with that Ronald Ripley Is that a second? Donald Horsley Yes sir Ronald Ripley So, Just trying to figure it out We got a motion made by Will Din and a second made by Don Horsley to approve the application with the two new conditions Charlie Salle' Just so everybody will be aware of it could Don explain his philosophy on churches Ronald Ripley Don's a hedger Donald Horsley We don't have time for that today It's getting late Ronald Ripley Okay, I think were ready to vote AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT ABSENT MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD ABSENT Ronald Ripley By a vote of 9-0, the motion passes Thank you all Page 1 of 1 Stephen White - New Life Christian Fellowship's Requests for Change of Zoning andCondibonal Use Permit From Dan Brockwell <DanB@hbaonlzne com> To "'planadm@vbgov com"' <planadm@vbgov com> Date 2/13/2003 12 46 PM Subject New Life Christian Fellowship's Requests for Change of Zoning andConditional Use Permit Re Application # C07 210 REZ-2002 and Application # C07-210 CUP-2002 by New Life Chnstian Fellowship 149 Business Park Drive Dear Members of the Planning Commission I regret that due to scheduling conflicts I was unable to attend the public hearing before the Virginia Beach Planning Commission for the above referenced applications As an adjacent property owner I am requesting that you deny these applications for this site for the following reasons 1) Those of us who purchased and developed property in this Business Park I think have a commitment from the City This was originally designed as an office park we pay taxes as an office park and the proposed use is incompatible and in my opinion is detrimental to the value of our property 2) It would be my suggestion that as a City we try to stop the proliferation of these new small churches In my opinion there are ample opportunities for them to either associate with established churches and use their facilities in off hours or there are certainly many vacant opportunities in commercial shopping centers within our region that these types of organizations could take advantage of But to reiterate my sentiments indicated in Item 1 to take this property intended for business use and allow it to be used for religious use is inappropriate Additionally 1 would caution you that should this be granted the neighboring properties will be faced with having to deal with the impact of parking Even though it may not appear to be a big issue, i e offbusiness hour usage, it does offer many opportunities for wear and tear and conflicts with respect to secunty on the properties In closing i think 1 speak for the majority of property owners throughout the Expressway Business Park in saying that the proposed usage is incompatible with our proposed investments, and trust you will agree If I can be of any further assistance, please do not hesitate to call Sincerely, Dan H Brockwell AIA HBA Architecture Engineering & Interior Design ARCLAW Associates 207 Business Park Drive Virginia Beach, VA 23462 (757) 490 9048 file //C 1WINNT1TempIGW100015 HTM 2/13/2003 � � r �'���a'�'i � � :•,...,,.... _ _ � 0 yr, -- odo Cal L' ., C� R �/ .f • 10000 6 - Gaul 1456-64-1260 ZONING HISTORY 1 Rezoning (R-S3 Residential to C-L1 Commercial) Approved 9-12-66 Rezoning (B-2 Business to A-2 Apartment) Wrthdrawn 10-8-84 Conditional Use Permit (mini -warehouse facility) Approved 9-25-01 2 Conditional Use Permit (church) Approved 3-10-61 Conditional Use Permit (church expansion) Approved 4-27-93 3 Conditional Use Permit (church) Approved 8-14-65 Conditional Use Permit (church expansion) Approved 8-22-95 4 Conditional Use Permit (telecommunications tower) Approved 7-13-81 5 Rezoning (R-5 Residential to B-2 Business) Denied 11-8-82 Rezoning (R-5 Residential to 0-1 Office) Approved 3-21-83 6 Rezoning (B-2 Business to R-40 Residential) Approved 4-23-90 7 Conditional Use Permit (mini -warehouses) Approved 2-27-78 Conditional Use Permit (mini -warehouse expansion) Approved 7-10-78 8 Subdivision Variance Approved 7-12-77 Subdivision Variance Approved 12-12-78 Subdivision Variance Approved 3-12-79 Subdivision Variance Approved 1-28-80 Subdivision Variance Approved 8-25-80 9 Rezoning (R-83 Residential to C-L1 Commercial) Approved 11-8-65 Conditional Use Permit (gas station) Approved 11-8-65 ,rw eelf y Z r f� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Jack Rabbit Self-Storage/College Park, L L C — Modification of a Conditional Use Permit MEETING DATE March 11, 2003 ■ Background An Ordinance upon Application of ,lack Rabbit Self -Storage/College Park, L L C for a Modification of a Conditional Use Permit for a mini -warehouse facility approved by City Council on September 25, 2001 Property is located on the north side of Providence Road, approximately 340 feet west of Woodstock Road (GPIN 14566422560), at 5950 Providence Road and contains 4 39 acres DISTRICT 2 - KEMPSVILLE The purpose of this request is to modify the conditions regarding site design, architectural design, landscaping, and signage for the previously approved mini - warehouse facility This item was deferred at the February 25, 2003 City Council meeting at the request of the applicant ■ Considerations The subject property received Conditional Use Permit approval for a mini - warehouse facility September 25, 2001 The property had been rezoned from R- S3 Residential to C-L1 Commercial September 12, 1966 A request to rezone the property to A-2 multi -family zoning was withdrawn in 1984 The Jack Rabbit mini -warehouse facility across Providence Road from the subject property was approved in 1978 and later expanded that same year That facility has frontage on both Providence Road and Reon Drive The applicant has proposed a new site layout in which the exterior wall of the mini -warehouse buildings will serve as the enclosure required for these facilities The previous proposal enclosed the site with a fence Landscaping on the exterior will consist of a staggered row of wax myrtles The 15 foot buffer around the perimeter will remain as previously shown The applicant has also proposed to eliminate the two-story office/residence approved with the previous application No office is necessary at this location as the applicant has a facility with an office a short distance from the site on Providence Road The brick sides and mansard roof will be continued on the Jack Rabbit Page 2 of 4 east and west sides of the front portion of the buildings The brick without the mansard roof will be continued along the south side of the building where it logs back behind the neighboring office to the west The end -caps of the buildings facing Providence Road will be all brick with a mansard roof A tower structure five feet in width will be included on the interior sides of both end caps to add architectural relief and variation for the buildings Lastly, the only sign for the facility will be mounted on the mansard roof of one of the end -caps The sign will consist of individual, non -internally illuminated letters The modifications represent a significant change to the overall design of the site, but do not result in a loss of quality in appearance or buffering for neighboring properties Staff recommended approval There was opposition to the request ■ Recommendations The Planning Commission passed a motion by a recorded vote of 9-4 with 1 abstention to approve this request with the following conditions 1 The site shall be developed as depicted on the site plan entitled, "Jack Rabbit — College Park — Phase 2" which has been exhibited to City Council and is on file with the Planning Department The plan shall also include the following landscaping a A staggered row of wax myrtles around the perimeter of the property with the exception of the north side adjacent to the stormwater management facility, b Foundation landscaping along the full lengths of both end -caps facing Providence Road, and c Additional landscape beds in the front driveway portion of the site 2 There shall be no land disturbance other than landscaping in the Resource Protection Area 3 The buildings shall be constructed as follows a The end caps of the buildings facing Providence Road shall be all brick with a shake mansard roof A five-foot wide tower structure with a mansard or other type roof shall be added to the end -caps adjacent to the primary access to the site b The east and west sides of the front portion of the buildings shall be all brick with a shake mansard roof c The south side of the building shall be all brick 4 Any outdoor lighting fixtures shall not be erected any higher than 14 feet According to Section 237 of the City Zoning Ordinance, all Jack Rabbit Page 3 of 4 outdoor lights shall be shielded to direct light and glare onto the mini - warehouse premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property 5 There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building 6 The storage units shall be Used only for storage of non -hazardous goods The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods 7 The building sign shall be individual non -internally illuminated letters mounted on the mansard roof There shall be no freestanding sign and no other signage on the site 8 The gate enclosing the site shall be wrought -iron style No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on any fence enclosing the property 9 There shall be no display, storage, or parking of commercial trucks or trailers in the front parking area between the main entrance gate and Providence Road 10 The applicant shall work with the adjacent property owner to construct a shared entrance aligned with the Reon Drive/Providence Road intersection If the shared entrance cannot be negotiated, the entrance to the subject site shall be shifted as far to the east as possible Since the Planning Commission meeting, the applicant has been working with the neighboring property owner to the west and with City Traffic Engineering staff regarding the shared entrance at Reon Drive required by Condition 10 The applicant notes that discussions have been fruitful and an agreement on a shared entrance is being negotiated The applicant has proposed the following as a substitute for Condition 10 10 The applicant shall construct a shared entrance with the adjacent property aligned with the Reon Drive/Providence Road intersection The applicant shall also construct a left turn lane to serve these two properties and any other improvements to be determined during the site plan review process This proposed condition is acceptable to the staff ■ Attachments Staff Review Disclosure Statement Planning Commission Minutes Jack Rabbit Page 4 of 4 Location Map Recommended Action Staff recommends approval Planning Commission recommends approval Submitting Department/Agency Planning Department City Manager V` JACK RABBIT SELF- STORAGE/COLLEGE PARK / # 15 January 8, 2003 General Information: APPLICATION NUMBER B08 - 212 - MOD - 2002 REQUEST Modification of Conditions placed on a Conditional Use Permit for a mini - warehouse facility on September 25, 2001 ADDRESS 5950 Providence Road u MINOR ll .� : era 7 i .fwon �z �•� � C:pin 145644-22W G PIN # 1456-64-2260-0000 Planning Commission Agenda Ua- January 8, 2003y'R.rs' JACK RABBIT SELF-STORAGE/COLLEGE PARK 1 # 15 Page 1 ELECTION DISTRICT 2 - KEMPSVILLE SITE SIZE 4 39 acres STAFF PLANNER Ashby Moss PURPOSE To modify the conditions regarding site design, architectural design, landscaping, and signage for the previously approved mini -warehouse facility Major Issue: • Site and architectural design to provide buffers and enhanced appearance from Providence Road and neighboring properties Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The front of the property was formerly used for a commercial daycare facility, and the rear of the property was used for a plant nursery Both uses terminated some time ago, but the buildings are still present on the site The property is zoned B-2 Community Business District Surroundinq Land Use and Zontnq North • Single-family residential / R-10 Residential Distnct South . Office warehouse facility / B-2 Community Business District • Across Providence Road, convenience store, commercial daycare, mini -warehouse facility (also owned by applicant), mixed retail and office uses / ,Nu ac, Planning Commission Agenda ; January 8, 2003 JACKRABBIT SELF-STORAGEICOLLEGE PARK / # 15 Page 2 B-2 Community Business District East . Church / B-2 Community Business District and R- 10 Residential District West . Woodstock Elementary School / R-10 Residential District Zoning History The subject property received Conditional Use Permit approval for a mini -warehouse facility September 25, 2001 The property had been rezoned from R-S3 Residential to C-L1 Commercial September 12, 1966 A request to rezone the property to A-2 multi- family zoning was withdrawn in 1984 The Jack Rabbit mini -warehouse facility across Providence Road from the subject property was approved in 1978 and later expanded that same year That facility has frontage on both Providence Road and Reon Drive The church immediately east of the subject site received its original Conditional Use Permit approval in 1961 An expansion was later approved in 1993 Another church on the east side of Woodstock Drive was approved for a Conditional Use Permit in 1961 and later expanded in 1995 Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana Natural Resource and Physical Characteristics The rear property line approximately coincides with a perennial stream that is a tributary of the Chesapeake Bay Consequently, approximately 100 feet of the rear portion of this property contains Resource Protection Area (RPA) as defined by the Chesapeake Bay Preservation Area Ordinance No construction or land disturbance other than additional planting is proposed in the RPA Public Facilities and Services Water and Sewer Water There is an 8-inch water main in Providence Road that fronts this property This site has an existing water tap that may be utilized Sewer There is a 36-inch main in Providence Road that crosses the front portion of this property There is a 16-inch force main that crosses Providence Road at the southeast corner of this property There is an 8-inch sanitary sewer main in Providence Road that fronts this property This site is already connected to City sewer Planning Commission Agenda January 8, 2003 JACK RABBIT SELF-STORAGEICOLLEGE PARK ! # 15 Page 3 Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP) Providence Road in the vicinity of this application is currently a four lane divided major urban arterial The MTP designates this roadway as a 100 foot divided road with a bikeway There is currently no project programmed In the CIP to improve this facility Traffic Calculations Street Present Present Capacity Generated Traffic Name Volume Providence Zoned Land Use — 2 420 ADT Road 34 000 ADT' 17 300 — 31 700 ADT ' Level of Service C E Proposed Land Use 3— 159 ADT Average Daily Trips 3 as defined by 4 4 acres of retail as defined by mini warehouse Public Safet 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 Fire and Adequate Rescue Comprehensive Plan The Comprehensive Plan recommends retail, service, office and other compatible uses within commercial centers serving surrounding neighborhoods and communities The proposed use is in keeping with this recommendation, provided adequate screening is maintained to neighboring non-commercial uses The proposed modifications are also Planning Commission Agenda January 8, 2003 JACK RABBIT SELF-STORAGE/COLLEGE PARK / # 15 Page 4 compatible provided they maintain the level of quality in buffering and appearance as the previously approved plan Summary of Proposal Proposal The Conditional Use Permit permitting mini -warehouses was approved by the City Council on September 25, 2001 The Conditional Use Permit has nine conditions 1 Landscaping shall be installed as depicted on the site plan entitled "Preliminary Site Plan for Mini -Warehouse" dated 5/15/01, revised 6/21/01 which has been exhibited to City Council and is on file with the Planning Department However, the following revisions shall be made to the plan prior to site plan submittal Category IV landscaping on the northern side shall be moved to the northern side of the stormwater management facility Category IV landscaping shall be added to the eastern and northern sides of the building on the eastern side of the property Street frontage and foundation landscaping shall be provided 2 There shall be no land disturbance other than landscaping in the Resource Protection Area 3 The buildings shall be constructed as shown on the submitted elevation entitled "Preliminary Road Front Elevation," dated June 18, 2001 by Verebely & Associates which has been exhibited to City Council and is on file with the Planning Department Materials shall consist of colonial red brick veneer with brown metal mansard roof for the all sides of the office/guard residence and for the south side of the easternmost storage building The remaining sides shall be scored concrete block painted to match the brick color Bay doors and trim on the storage buildings shall be brown 4 Any outdoor lighting fixtures shall not be erected any higher than 14 feet According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini -warehouse premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property 5 There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building Planning Commission Agenda January 8, 2003 .SACK RABBIT SELF-STORAGE/COLLEGE PARK 1 # 15 Page 5 �1N%A IVA r� y; �t# z 6 The storage units shall be used only for storage of non -hazardous goods The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods 7 The freestanding sign must be a monument style sign, no greater than eight feet in height, with a brick base to match the buildings There shall be no business identification signage on the walls or roof of the mini -warehouse building 8 The fencing and gate enclosing the site must be wrought -iron style or vinyl clad chain link as shown on the site plan described above No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on any fence enclosing the property 9 There shall be no display, storage, or parking of commercial trucks or trailers in the front parking area between the main entrance gate and Providence Road The applicant requests a modification to conditions 1, 3, 7, and 8 The applicant has proposed a new site layout in which the exterior wall of the mini - warehouse buildings will serve as the enclosure required for these facilities Previously the applicant had enclosed the site with a fence Landscaping on the exterior will consist of a staggered row of wax myrtles The 15 foot buffer around the perimeter will remain as previously shown The applicant has also proposed to eliminate the two-story off icetresidence approved with the previous application No office is necessary at this location as the applicant has a facility with an office a short distance from the site on Providence Road The brick sides and mansard roof will be continued on the east and west sides of the front portion of the buildings The brick without the mansard roof will be continued along the south side of the building where it jogs back behind the neighboring office to the west The end -caps of the buildings facing Providence Road will be all brick with a mansard roof A tower structure five feet in width will be included on the interior sides of both end caps to add architectural relief and variation for the buildings Foundation landscaping will be provided along the full lengths of each end cap, and landscape beds will be added to the front portion of the facility The landscape bed previously required north of the stormwater management facility will no longer be required Lastly, the only sign for the facility will be mounted on the mansard roof of one of the end -caps The sign will consist of individual, non -internally illuminated letters Planning Commission Agenda January 8, 2003 JACK RABBIT SELF-STORAGE/COLLEGE PARK 1 # 15 Page 6 Evaluation of Request The modifications to conditions 1, 3, 7, and 8 appear to be reasonable and are recommended for approval The modifications represent a significant change to the overall design of the site, but do not result in a loss of quality in appearance or buffering for neighboring properties Staff recommends approval as conditioned below Conditions The site shall be developed as depicted on the site plan entitled, "Jack Rabbit — College Park — Phase 2" which has been exhibited to City Council and is on file with the Planning Department The plan shall also include the following landscaping a A staggered row of wax myrtles around the perimeter of the property with the exception of the north side adjacent to the stormwater management facility, b Foundation landscaping along the full lengths of both end -caps facing Providence Road, and c Additional landscape beds in the front driveway portion of the site 2 There shall be no land disturbance other than landscaping in the Resource Protection Area 3 The buildings shall be constructed as follows a The end caps of the buildings facing Providence Road shall be all brick with a shake mansard roof A five-foot wide tower structure with a mansard or other type roof shall be added to the end -caps adjacent to the primary access to the site b The east and west sides of the front portion of the buildings shall be all brick with a shake mansard roof c The south side of the building shall be all brick 4 Any outdoor lighting fixtures shall not be erected any higher than 14 feet According to Section 237 of the City Zoning Ordinance all outdoor lights shall be shielded to direct light and glare onto the mini -warehouse premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property Planning Commission Agenda January 8, 2003 JACK RABBIT SELF-STORAGE/COLLEGE PARK / # 15 Page 7 5 There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building 6 The storage units shall be used only for storage of non -hazardous goods The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods 7 The building sign shall be individual non -internally illuminated letters mounted on the mansard roof There shall be no freestanding sign and no other signage on the site 8 The gate enclosing the site shall be wrought -iron style No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on any fence enclosing the property 9 There shall be no display, storage, or parking of commercial tracks or trailers in the front parking area between the main entrance gate and Providence Road 10 The applicant shah work with the adjacent property owner to construct a shared entrance aligned with the Reon Drive/Providence Road intersection If the shared entrance cannot be negotiated, the entrance to the subject site shall be shifted as far to the east as possible 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 HN icy Planning Commission Agenda h January 8, 2003 , JACK RABBIT SELF-STORAGE/COLLEGE PARK / # 15 Page 8 V. IL r y N z W 0 99 IL a z a IL J fx r Tr PLAN--40P�VED IN .009 it Planning Commission Agenda January 8, 2003 1 #} JACK RABBIT SELF-STORAGE/COLLEGE PARK 1 # 15 Page 9 ILI W. M 0 PROPOSED PLAN z a L O IL o Z r �Sf 'µme �•`'y f Planning Commission Agenda January 8, 2003 JACK RABBIT SELF-STORAGE/COLLEGE PARK 1 It 15 Page 10 z 5 a� 40 f2 7 PLAN APPROVED IN 2001 Planning Commission Agenda�� January 8, 2003 JACK RABBIT SELF-STORAGE/COLLEGE PARK / # 15,.E Page 11 Planning Commission Agenda January 8, 2003 JACK RABBIT SELF-STORAGEICOLLEGE PARK 1 # 15 Page 12 Jack Rabbit Modification of a Conditional Use Permit 5950 Providence Road District 2 Kempsville January 8, 2003 REGULAR Ronald Ripley Yes sir? Robert Pawl Good afternoon Sir and Council On behalf of the Woodstock Civic League and also personal concerns I wish a deferral for the Jack Rabbit Self Storage, which was item #15 Ronald Ripley You're not the applicant though? You would just like to defer it? Robert Pawl Well, I'm upcoming president, which I need to be installed in the next couple of weeks and a lot issues here that are concerned One is improper advertisement as far as the way it was submitted It says College Park It says the wrong wording We re in the Kempsville District not Centerville So there are a couple of things I need to know Plus, I also need to talk to Mr Dzezel who is the Councilperson, which we were without for quite a while Ronald Ripley You're not the applicant and what you re doing is you're objecting to the matter going forward, I would assume so We probably need to hear the matter Okay So what I m asking for Robert Pawl On today s agenda? Ronald Ripley Yes So we'll hear this matter We 11 drop it down on to the regular agenda Robert Pawl Okay Thank you LATER Robert Miller Item #15 Jack Rabbit R J Nutter Thank you very much Mr Chairman Mr Secretary For the record, my name is R J Nutter I'm an attorney representing Jack Rabbit Self -Storage I realize this application was on your Consent agenda And, I also realize that there was a condition added which we'll talk about briefly But, it was pulled from Consent agenda because there is opposition So I d like to make a very brief presentation about this and then respond to the issues raised by the person in opposition to this Because they may not recognize or realize that this is an application that really is not injecting this use for the first time on this property but is modifying conditions for this same exact use on this property It was previously granted by City Council over a year ago But to reiterate, this is 4 3-acre site It is currently zoned B-2 It has B-2 on the two sides of the property and across the street And quite frankly what they re trying to do is have a minimal use on this property and why Council approved it, as you know mint -storage generates very little traffic It is very quiet And, run by the proper people, they are very neat, clean and orderly operations The prior applicant, who preceded prior to us coming before you today, was really not in the mini -storage business He was the owner of the property He had never operated a mini -storage facility And, so many of the things that he was proposing to do, experienced operators such as Jack Rabbit, recognized are not really in the best interest of the operations of this facility and thusly wanted to come forward with proposed changes The changes we propose really grew out of a meeting with my client after he had reviewed the approved site plan from the other application He saw a series of changes that he proposed to make and we met with staff and they said "look all these changes are basically improvements to what we approved previously " However, because these changes and there are so many of them, 3 4 5 or 6 of them, we think it's best that you file to change the conditions to the application previously and show us the new alternate conditions So, that is what led us to coming before you today Now, I'd like to highlight some of the improvements for you and maybe that would help the gentleman because otherwise we are not occupying any greater portion of the property for this use than the previous owner In fact we re occupying a little less of the property than the previous owner If I could highlight a few of the changes it's upside down, but what we'll do Stephen White It matches the old one R J Nutter There we go It's the right site plan it's just upside down Stephen White There's the old one R J Nutter There's the old one Stephen Wlute There's the new one R J Nutter There's the new one The new one will be fine What I'll do is? This is Providence Road right here And, we have actually, the previous application had because it was its own free standing facility had a two story office building located approximately right here and sat off the right-of-way by 35 feet We eliminated that building entirely which does two things Number one we've increased our setback from 35 from the right-of-way to 100 of right-of-way at the narrowest point which is right here And we've elirrunated any two-story structures on the property whatsoever These are now all one-story structures There are no two-story structures at all The other thing we've done in the front of the property is and it wasn't clear on their prior application but when their site plan was approved, they had dumpsters located, believe it or not right here forward of their buildings They were landscaped but there were still dumpsters in front of it as opposed to inside the scope of the project We eliminated that entirely They're now located completely inside our closed wall area They're outside the right-of-way, visibility triangle completely So, we improved this by increasing the setback eliminating the two story structures We've also increased the landscaping We re putting additional landscaping across both the front of these structures as well as on both sides here And, in addition to that, we also fully enclosed the facility now by all walls The prior applicant had the wall structures running down on this side this side and this side and he had them here We've added the wall structure fully enclosing here So, when you look from any side of the property, the only point you can inside this property whatsoever is this point right here Again, that's 100 feet back from the right-of-way So, by it being fully enclosed it has a lot of benefits It enables it to keep it clean It reduces the line of sight from adjacent property owners in the property So, it does a lot of improvements All of the principle features in terms of the brick facets In fact, we've added addition brick to this feature then it was in the previous application as well And, finally I would like to point out on the signage The prior applicant had a freestanding sign, 7 foot off the right-of-way located at that location We re eliminating the freestanding sign altogether and going with a building mounted sign that is non - illuminated on the side of the building So I think you'll find if you look at it in terms of what Council approved previously, there is significant major improvements in this application that was previously approved We feel that it is a much better application And we know that it is a more efficient operation for operational purposes inside this particular business So, we're very happy with it And, I'll be happy to respond to some of the questions I'll address the issue on the last change of condition number ten in just a few minutes after he speaks if that s alright unless you'd like me to address it now? Ronald Ripley It's appropriate to address it now Do you have a problem with that item number ten being added? It seemed pretty flexible R J Nutter And I appreciate it I did not represent the prior applicant So I don't know why it was exactly put on and why it was taken off by Council but I have been led to believe by staff that they had looked at it between Council and Planning Commission, the previous application and found that the streets really don t line up to allow that connection to occur Now, I can't confirm at this junction although I do know that my client to believe that the road doesn t quite line up But I can tell you that what we've done and have no objection to it all is we moved our entranceway This is the limit of our property right here We've moved our entranceways as far down there as we can and we kept up the landscaping Ronald Ripley That is what this says I think, isn't it9 R J Nutter If this complies, we're fine with that then Ronald Ripley Okay R J Nutter Yes sir Ronald Ripley Any questions of Mr Nutter9 Okay R J Nutter Thank you very much Mr Ripley Ronald Ripley Thank you Do we have anybody else who wishes to speak in favor9 Is there anybody who wishes to speak in opposed9 Do you have anybody9 Robert Miller Yeah Mr Robert Ronald Ripley Okay Robert Pawls Good afternoon My name again is Robert Pawls I'm a resident of Woodstock and President of the civic league And, also represented by the environmental committee that represents the lake that is behind It is not shown on this map over but there is a lake back here that we had significant drainage from this property that will go back behind here The school that was recently down over here which is not complete for the drainage, there's a lot of wetlands There's wetlands that this property encroaches right back in here There's also a parking lot that is down here since the last planned was approved that is attached to the drainage that goes down this lake There are several environmental issues that I'm working with Clay Bernick, which is part of the Planning Department The actual request that was brought up right now which at the top of the page says College Park We re not in the College Park area we re in the Woodstock Kempsville area It also says on page two that were in the Centerville District, which we've been playing a shell game with our area between Centerville and Kemspville It's always been Kempsville Sometime in the past three years it's been between Mandigo and Margaret Eure as far as who was our Councilperson Then Mandigo was and then he had to leave And we got another person that just came into office recently in the past couple of weeks I have not been able to meet with the gentleman to discuss our situation here The whole scope of this concept is drainage that comes from the interstate that is right there We have flooding problems It's little things all around this area But even more so we got a project that they want to continue over here I've not had time to discuss with the civic league which our meeting is coming up and I cordially invite attorney and new ownerships and people like that to come out and maybe propose what they want to do because a lot of people are just going to be phoning me and saying `gee Bob, what s going on, they're tearing everything up " I know there were some environmental issues that came up with the school over here They said they would take care of it From my observation, I ve seen some violations Once a bulldozer backs over something it's too late to do anything about it I know the plans that there coming up with here and I'm jumping around There's just so many things here that we need to address and fill in What they call this a BMP or a pond behind the unit there is expected to be put in there I can't read on the internet the property markers line, you know when I try to blow it up it's fuzzy like your stuff here I can t read it The City's requesting that they put it in but besides the school that was put up another cell tower was put up or changed over from like a radio tower to a cell tower We're getting our lake filled in which was originally like 65 feet deep possibly years ago Now, you can walk through it reading a newspaper and not getting the newspaper wet with the tide So it's seeping in there We're still working on it with the environmental people as far as getting some BMP and some drainage addressed behind the school already We're heading another drainage situation over here You might have those ponds but I haven't seen any drainage plans as far as inside of here or behind here Where is that going to drain tog The lake is a circle say behind this area here but the whole corner is just filling in from City property and other properties that have done construction I just couldn t see and I can't understand why even the school was built without addressing those BMP problems and things lake that But, I know the ownership here is requesting I m sure that you're requesting that these new owners that behind the new facility I just need to address this and I'm requesting for a deferral with the several conditions here including advertising and just being able to address this to the civic league Then again, I cordially invite them to have a meeting near the end of the month, the civic league meeting right near the property and they can discuss that with the landowners in the neighborhood And these are people from the neighborhood We re very concerned about that lake Right now it's between three cities and attorneys and where the money is going to come from What else are we talking here? Rain water run off funds that have never been addressed for that area but we're getting a lot of encroachment on these properties He says he's not going to have the modification Basically, the original plans have been complete for change I really don't have objection to what's going on I just want to make sure that all the little matters are addressed especially environmental Some area of proposal on item 3 have category four landscaping shall be moved to the lawn I'm not sure what area specifically when they say crape myrtle I'm not sure what size we're looking at On item two there should be no land disturbance other than landscaping in the RPA I m lost on this I need to be speaking with somebody Councilperson May be their attorney? May be the new owner? Somebody Ronald Ripley This property is already zoned It already has Use Permit for a mini storage They could build it today They don t need to ask anybody anything What they're asking to do is make a revision to that to build essentially the same footprint May be a little smaller And some of the issues you're bringing up such as BMPs, which are the drain offs and size of trees and other things that are going to go in there are going to be handled on site plan approval and Mr Scott's department will review that and everything will fit As far as those BMPs are concerned correct me if I'm wrong, the drainage from that site post development should not exceed pre development Is that essentially the design criteria for the BMP9 So the idea is to control the runoff into the lake which we're concerned about it I know the City s concerned about it and the applicant has to pay attention to that by virtue of meeting those requirements So all those things will be addressed at the site plan approval But what this applicant is asking to is just to revise the plan And it looks like he has made considerable upgrades to it and I would think the community should be, I would think they would be pleased if the facility they are getting if this was to be approved is better than the facility that was approved That's why we're a Iittle confused RobertPawls I'm not saying that we disapprove of it totally We just need a little bit more time to understand exactly You just brought up something The City is very concerned about environmental issues You said that it s a prerequisite to have those BMPs in yet there's nothing behind the school, which at one time The original Woodstock Elementary School had no drainage It just seeped into the land It had no drainage off the building It seeped into the land The parking lot was a lot smaller Now everything goes Drainage from that school and the school goes into the ravine No BMP You lust said a second ago and contradicted I believe that you said that we need to have this prerequisite Now I don't understand what happened to the City thing Ronald Ripley Well, I can't speak to what the school Robert Pawls Correct Ronald Ripley That matter didn't come before this Commission because they had the property They owned the property and they build an addition to the property In this instance, we have an applicant that is asking for a revision to a Conditional Use Permit That's why we're hearing it Robert Pawls May I also bring up? Ronald Ripley Mr Miller has a question Robert Pawls Okay Robert Miller What I was going to say is that it sounds like it'll be really helpful to you You got time between now and City Council Whatever actions we take, as a recommendation and then it goes to City Council And there will be a period of time I'm sure that Mr Nutter and his client will be happy to get with your civic league I also think that you might want to get with the staff representative who is Ashby Moss and just talk about some of these things and she can lead you to the people that would be able to give you some better answers The School Board issue that you're bringing up You're going to have to go actually to Tony Arnold and somebody at the School Board Robert Pawls That's being built right now and it is still in the works Robert Miller But it really doesn't affect this decision in the sense that I think this decision will go through the process that Ron just explained to you that will take care of everything that you mentioned as a concern All those details But we don t deal at this level and at City Council with all of those details We are assured by the staff and this is one of the conditions of the approval that all of those things are going to be taken into account You do have some time to get with Mr Diezel before City Council If you get with Mr Nutter again, I'm sure he'll be happy to give you his card and you all can get this settled Robert Pawls What is the time format you're speaking of sir? Robert Miller Say again' Robert Pawls When is the City Council meeting9 Robert Miller We don't actually know the exact schedule but it's usually 30 days from this time, so there will be time, sounds like to get a lot of these details worked out instead of sitting here and trying to us to try and explain all of it to you The staff is an excellent staff and I'm sure Ashby will be happy to help with some of these details and who you can talk to within the staff that would be able to help you with some answers Ronald Ripley And that whole approval process will happen within that department so you're not going here and there Robert Pawls And you brought up the City Council We had no representation for quite a while but it's still an answer for whom I need to speak with Ronald Ripley Thank you very much Any other questions) Thank you very much William Din Just one other comment You brought up the fact this is the Kempsville area and not the Centerville area This is actually a Planning District Planning Districts are different from the actual area that it is called The area is still called Kempsville but it's in the Centerville Planning District and that is why it's listed under Centerville Robert Pawls I guess and I spoke with Ashby Moss yesterday and she said that I was correct and it was Kempsville So again, it's a conflict of what s happening here Ashby Moss Actually it did change It was previously in the Centerville District and it changed to the Kempsville District since this application came through Robert Pawls I don't believe this is considered College Park area either Ashby Moss I don't know what reference to College Park Robert Pawls It says right here on top of the page Stephen White The top of page the reference to College Park refers to the corporation's name It doesn't refer to the geographic area Ronald Ripley Okay Good Alright Do we have any other speakers signed up'? Thank you very much for coming down We appreciate it Mr Nutter, would you wish to readdress us R J Nutter I think we re fine If I could address item #10 for one second9 Ronald Ripley Sure Does everybody have the revised number I09 R J Nutter Ashby was very kind and passed this out to us as well If the geographic area on the current application, as presented, does in fact comply with that condition my concern is that it requires that we consult with the adjacent property owner and try to come with some shared deal with him and from what I am led to believe he has been reluctant to want to do that So, I'm trying to avoid the delay of doing that But we can take our interest down to the furthest point closest to Reon Drive on our site plan Ronald Ripley Well, staff is asking you to attempt to do that and it's saying that if shared interest can't be negotiated, that the entrance to the subject site shall be shifted as far east as possible Could you show good faith and try that once rnore9 R J Nutter We don't mind Ronald Ripley You're pretty good at that R J Nutter You're awfully kind We re happy to talk to him but I think we've been led to believe that's not a door they want to go down Robert Miller Isn't the entrance supposed to be shafted to the west R J Nutter It would actually be shafted let's see where it actually would be toward to west Eugene Crabtree To the west Ronald Ripley Good catch Mr Miller Yes Joe9 Joe Strange If it was shifted to the west there and it didn't line up and cars tried to go across there wouldn't they be doing something illegal9 R J Nutter That's a very good possibility of that The other concern that we have is practically when trucks come into the site from and Steve if I could ask you for the site plan one more time Again, it's a little unusual But let's assume right this is right side up and trucks were conung in from this direction trying to turn in this direction into the site Our concern would be is if there was some shared because Reon Drive is actually about down to here, so that's 25 feet further in to this property It's a little deceiving on the plans that we have I'm led to believe So, if the alignment was down here trucks entering our site would have to come in like this, come back around and come back into the site like that And that's the concern we have The distance between our property line and where the Reon Line would even align is greater than we think And it does raise exactly Mr Strange the very question you were concerned about as well, which is if unless you, the prior application had it in the middle of their site We tried to move it as far down as we could to allow truck movement to turn like into the site without interrupting any other cars or other vehicles But, I guess what I'm trying to say is that our preference would be that you all allow this alignment to occur if this is your recommendation and we 11 accept that recommendation and go forward and try to work with it Ronald Ripley I think Mr Miller has a question Robert Miller Yeah I'm rethinking my east/west thing because maybe what we really want you to do is move it further to the east so there s no possibility of you aligning with Reon Drive which would cause your people to have to exit and then need to try and make a left turn and it's not a great situation but that probably is so I was wrong I w as wrong R J Nutter That's what I'm thinking It's probably for a site plan issue We have no problem working with staff so there's no crowding problem But in point of fact, our only concern is that the trucks be able to maneuver safely in to that direction That's our sole concern Ronald Ripley So, you want to leave this as written) Robert Miller I think it actually it does make more sense and Kay was trying to help the engineer out here I need a lot of help Ronald Ripley Will? R J Nutter Otherwise on the BMP issues we do have two BMPs on this site from the environmental perspective and I hope the gentleman didn't solace in that because in fact, two were required in this case because it s a large site from a storm water perspective so to meet the treatment criteria we had to have two instead of one Ronald Ripley Okay Will Din has a question William Din R J , can you explain what that extension is that goes all the way down to Providence Road on each side9 Is that a curb or is that landscaping? R J Nutter I'm sorry William Din Is that a wall of some sort? R J Nutter Are we talking up here? William Din Yes That's on both sides9 R J Nutter That is landscaping right along here The two fronts of the building are here and here and then we have a landscaping bed along this side And landscaping can be along this side William Din It goes all the way down to Providence Road right along the curb Right9 R J Nutter Yes Well, Providence actually runs like this William Din There's a sidewalk in that area Does it go past the sidewalk9 It doesn't block or impede the traffic coming in does it as far as the access goes9 R J Nutter No We had simply told staff that we would like to have landscaping on both sides to coincide, to make it look better than the entrance in the previous application The previous applicant had parking spaces in there with no landscaping William Din Well, I guess if the entrance is moved as far east as it could go if that landscaping could be cut back, it would make that entrance easier to get into there rather than trying to make them go around the landscaping R J Nutter That's very important William Din I don't know That is why I'm asking what that portray0 Whether it s a wall or something We may not want to put the landscaping all the way down to that point R J Nutter The walls don't start until this 100-foot portion right there Ronald Ripley As a practical matter, we're really getting into some really fine details This Ievel of site design we're Iooking at doesn't even address When you get down to site plan review and Mr Scott's department, that's when those details can be worked out And, if want it on one side or the other, it's going to really determine what's the safest way to do it? What's the right way to do it9 I think this wording is good but it's really going to come down to that R J Nutter And that's fine with us Ronald Ripley Or you don't get a building permit That is what will happen R J Nutter All we want to do is have a safe entrance to prevent the problems we spoke about here today Ronald Ripley Do we have any other discussion) Donald Horsley Mr Chairman Mr Pawls has requested and I'll sponsor Ronald Ripley You want to sponsor hirn9 Mr Pawls, if it's new information now If it's not new information, we need to move on Robert Pawls Yes sir, this is item 10 which was Just addressed to me because it wasn't on the internet for me to pick up Ronald Ripley Okay Robert Pawls I did address this with the previous owners In fact I did request there was another map on that it showed the church and everybody I think was on another Robert Miller The other way Stephen Robert Pawls Hold up right there That's good Right here there's a church and they have a driveway right there Right here there's a traffic light These folks over here, they use Reon Drive to enter and exit right there So, they sort of go off Dorsett There's a church over here and a church over here My concern if they put the driveway to the east side that all the traffic is going to make a u-turn right here, right at the bottom of the hill where cars are coming over So you got a blind spot, cars going 45 MPH coming down and who knows if it s a car or a trailer People don't usually use this site except for the weekend so we got churches in the morning that come in and out We have a traffic pattern coming over a blind bridge and that was one of my major concerns with the original ownership because they said they wanted to the entrance right there and I said can we work with the City and try to get it so you can use Reon and that the trucks that come in, they come in directly and don't make a u-turn We have enough problems with traffic We got 250 homes in Woodstock area and that is the only entrance and exit That's just the homes That doesn't include the church people with several services sometimes Donald Horsley I think Traffic Engineering will take care of those concerns Robert Pawls Well we lust brought up number 10 and that was one of the concerns that had been brought up Some of you agreed to going east on that and I sort of disagree Ronald Ripley Okay Thank you very much Robert Pawls Thank you Ronald Ripley Any other discussion? Is anybody ready to make a motion William Din I'll make a motion to approve the item Ronald Ripley We got a motion by Will Din to approve William Din With the new condition ten Ronald Ripley With number ten included I have a second by Joe Strange Eugene Crabtree I have to abstain from this one I in an employee of Jack Rabbit Ronald Ripley So noted We are ready to vote AYE 9 NAY 0 ABS 1 ABSENT 0 CRABTREE ABS DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Ripley By a vote of 9-0 with one abstention, the motion passes including the ten conditions Gpin 1485-064465 ZONING HISTORY Modification of Proffers (R-513 Residential District to Conditional B-2 Community Business District) — Granted 9-25-01 Conditional Use Permit (fuel sales) — Granted 9-25-01 2 Change of Zoning (R-5D Residential District to Conditional B-2 Community Business District) — Granted 6-22-99 Change of Zoning (R-5D Residential District to Conditional B-2 Community Business District) — Withdrawn 5-28-96 Change of Zoning (R-5D Residential District to Conditional B-2 Community Business District) — Denied 4-9-96 3 Change of Zoning (R-5D Residential District to Conditional B-2 Community Business District) —Granted 7-14-98 4 Modification of Proffers — Granted 2-29-96 Change of Zoning (R-5D Residential District and 1-1 Light Industrial District to B-2 Community Business District) — Granted 7-11-95 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM The Home Depot U S A, Inc — Conditional Use Permit MEETING DATE March 11, 2003 ■ Background An Ordinance upon Application of The Home Depot U S A, Inc for a Conditional Use Permit for a bulk storage yard at 2020 Lynnhaven Parkway (GPIN 1485061465) Parcel contains 13 93 acres DISTRICT 1 — CENTERVILLE The purpose of this request is to provide an outdoor area (bulk storage) for drive -through seasonal sales, adjacent to the existing garden center ■ Considerations There is an existing 110,079 square foot retail center and 22,453 square foot garden center on the property The site is currently zoned B-2 Community Business District The applicant is requesting to expand the outdoor garden center with a permanent enclosure (bulk storage area) of 68 feet by 148 feet on the southwest side of the site to accommodate seasonal sales This area will become a drive - through facility that will enable customers to pay and load merchandise directly into their vehicle at this location Architectural elements include a knee wall with a brick facade to match the existing retail structure Exterior Insulation Finish System (EIFS) columns with prefinished metal caps will be spaced periodically with the same color scheme (beige) of the existing building A dark green vmyi coated chain link fence beginning at the top of the knee wall and reaching eight (8) feet in height will connect between the brick columns Staff has worked diligently with the applicant, and has, in Staff's opinion, found a design for this storage 1 seasonal sales area that meets the needs of Home Depot and satisfies the intent of the Retail Design provisions of the City Zoning Ordinance The proposal was modeled after a similar facility at the Home Depot property on Virginia Beach Boulevard The Planning Commission placed this item on the consent agenda because this is a compatible addition to an existing use, will not impact parking, and will help The Home Depot Page 2of2 prevent future inappropriate use of the parking area for seasonal display and sales Staff recommended approval There was no opposition to the request ■ Recommendations The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions The perimeter of the bulk storage area shall be limited to the 68 foot by 148 foot area depicted on the submitted plan entitled "The Home Depot, Princess Anne and Lynnhaven parkway for CASCO Corporation," prepared by Engineering Services, Inc , dated April 15, 2002, and on file in the Department of Planning All materials for sale or materials being stored shall be contained within the specified area There shall be no materials or merchandize in the adjacent parking spaces, parking lot dnve aisles, or parking lot landscape islands 2 The perimeter of the storage area shall be fenced as shown on the submitted color rendering entitled "The Home Depot, Princess Anne & Lynnhaven Parkway, Virginia Beach, Virginia, Store No 4626," prepared by CASCO, and on file in the Department of Planning 3 The perimeter of the area shall be landscaped as indicated on the plan described above in Conditions 1 and 2 In the event that the existing vegetation along the southwest fence line is adversely impacted during construction or becomes sparse, evergreen shrubs such as way myrtles shall be installed at sax foot on center the entire length of the fence line 4 There shall be no signage installed within the area, on the fence, or immediately adjacent to the area other than professionally prepared traffic control signs Hand -lettered signs shall not be utilized ■ Attachments Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action Staff recommends approval Planning Commission recommends approval Submitting Department/Agency Planning Department V City Manager Qr �(_ . THE HOME DEPOT U.S.A., INC. / # 23 February 12, 2003 General Information: APPLICATION NUMBER F10-210-CUP-2002 REQUEST A Conditional Use Permit to construct an outdoor bulk storage area ADDRESS GPIN ELECTION DISTRICT SITE SIZE 2020 Lynnhaven Parkway The Home _ nQ in ( 1 on_77, 77 In 14850614650000 #1 - CENTERVILLE 13 93 acres fib] r RD-5 Gpex 11B5-OCrla6� Planning Commission Agenda k February 12, 2003 THE HOME DEPOT U S A, INC 1 # 23.�X,: Page 1 STAFF PLANNER Carolyn A K Smith PURPOSE To provide an outdoor area (bulk storage) for dnve-through seasonal sales, adjacent to the existing garden center Major Issues: • Degree to which the proposal is consistent with the Conditional Zoning Agreement approved by City Council in June, 1999 • Degree to which the proposal complies with the retail design provisions of the City Zoning Ordinance Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning There is an existing 110,079 square foot home center and 22,453 square foot garden center on the property The site is currently zoned B-2 Community Business District Surrounding Land Use and Zoning North . Intersection of Princess Anne Road and Lynnhaven Parkway, fuel sales and mixed retail center / B-2 Community Business District South . Drug store, undeveloped parcel / Conditional B-2 Community Business District, R-5D Residential District East • Single-family dwellings / PD-1­11 Planned Unit Development Planning Commission Agenda February 12, 2003 THE HOME DEPOT U S A, INC / # 23 Page 2 West Mixed retail center / Conditional B-2 Community Business District Zoning History In June of 1999, the City Council approved a request to rezone a total of 19 01 acres to Conditional B-2 Community Business District for the development of 13 acres as a 110,079 square foot home center and 22,453 square foot garden center A request was previously denied for a similar commercial designation in April 1996 On February 29, 1996, the City Council approved a rezoning request from 1-1 Light Industrial District and R-5D Residential District to Conditional B-2 Community Business District on property located across Lynnhaven Parkway In 1981, a request for a Conditional Use Permit for a church on the subject site was approved Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana Natural Resource and Physical Characteristics There are no significant natural resources on this site as it is fully developed Public Facilities and Services Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP) Lynnhaven Parkway is a four (4) lane divided roadway as indicated on the Master Transportation Plan No further upgrade of this roadway in the vicinity of this site is planned Princess Anne Road is an eight (8) lane divided roadway as indicated on the Master Transportation Plan No further upgrade of this facility in the vicinity of this site is planned Traffic Calculations Street Name Present Present Generated Traffic Volume Ca aci Lynnhaven Parkway 27 000 ADT 17 300 — 31 700 ADT z Existing Land Use — 4 638 ADT a Proposed Land Use — 4 638 ADT Princess Anne Road 45 000 ADT 34 940 � 64 260 ADT Average Daily Trips Planning Commission Agenda;: h �� February 12, 2003 THE HOME DEPOT U S A, INC / # 23 Page 3 Z as defined by 132 523 square feet of retail 3 as defined by adding proposed facility — no change expected Public Safety Police Adequate — no further comments Fire and Adequate — no further comments Rescue Comprehensive Plan The Comprehensive Plan Map recommends this site for retail, service, office, and other compatible uses serving surrounding neighborhoods and communities Summary of Proposal Proposal • The applicant is requesting to expand the outdoor garden center with a permanent enclosure (bulk storage area) of 68 feet by 148 feet on the southwest side of the site to accommodate seasonal sales This area will become a drive -through facility that will enable customers to pay and load merchandise directly into their vehicle at this location Site Design • The site plan depicts the existing 110,079 square foot home center, a 22,453 square foot garden center, and the proposed 10,200 square foot bulk storage area and associated parking • The proposed fig foot by 148 foot enclosure with a concrete base will be located adjacent to the garden center on the southwest side of the property • The existing asphalt pavement will be removed and replaced with concrete • A total of 29 parking spaces will be removed The total number of spaces required for the home center (551), the garden center (23) and the new Planning Commission Agenda February 12, 2003 THE HOME DEPOT U S A, INC 1 # 23 Page 4 enclosure/bulk storage area (10) are 584 The submitted plan depicts 584 parking spaces Vehicular and Pedestrian Access • Access to the site is provided off of a private drive that connects directly to a signalized intersection shared with the large commercial retail tract across f_ynnhaven Parkway • Access into the enclosed area will be through a gate on either end as a customer will be able to drive through the facility Pedestrian access on the site appears to be adequate Architectural Design • A knee wall is proposed with a brick fagade to match the existing home center structure Exterior Insulation Finish System (EIFS) columns with prefinished metal caps will be spaced periodically (interval distance unknown) with the same color scheme (beige) of the existing building A dark green vinyl coated chain link fence beginning at the top of the knee wall and reaching eight (8) feet in height will connect between the brick columns Landscape and Open Space Design Three (3) shrubs are depicted in a four (4) foot wide by fifteen (15) foot long elevated planter • Existing vegetation will remain along the southwest fence/wall line Evaluation of Request The requested Conditional Use Permit for an outdoor storage area is acceptable and is recommended for approval The proposal is consistent with the proffers approved in 1999 and with the retail design provisions of the City Zoning Ordinance (CZO) Planning Commission Agenda�� February 12, 2003 THE HOME DEPOT U S A., INC I # 23 Page 5 The provisions of the CZO regulating retail establishments and shopping centers note as one of the 'findings of fact' and `intent' (Section 243) for the ordinance that Because the visibility of retail establishments depends in large part upon high visibility from public streets and location in busy areas of the city, their building and site design has an especially significant impact upon the character and attractiveness of the city in general and its streetscape in particular The section further notes that The protection and enhancement of the positive aesthetic qualities of the city, including its commercially developed areas, has a direct and substantial bearing upon its continued economic vitality As noted by the Virginia General Assembly, the visual environment confronted by individuals in their daily routines has a profound effect on personal attitudes and productive capacities The provisions of the retail and shopping centers portion of the Zoning Ordinance that address outside display and storage areas (Section 245(e)(1)) were specifically included in the ordinance to encourage the location of these types of facilities as part of the primary building complex, outside of the primary parking area Areas such as this storage and display site that may normally accompany a retail use like the Home Depot are more appropriately located in the rear or along the side of the main building Staff has worked with the applicant and has, in Staff's opinion, found a design for this storage / seasonal sales area that meets the needs of Home Depot and satisfies the intent of the Retail Design provisions of the City Zoning Ordinance The proposal was modeled after a similar facility at the Home Depot property on Virginia Beach Boulevard Approval of this Conditional Use Permit is recommended subject to the following conditions Conditions 1 The perimeter of the bulk storage area shall be limited to the 68 foot by 148 foot area depicted on the submitted plan entitled "The Home Depot, Princess Anne and Lynnhaven parkway for CASCO Corporation," prepared by Engineering Planning Commission Agenda February 12, 2003 THE HOME DEPOT U S A, INC 1 # 23 Page 6 Services, Inc , dated April 15, 2002, and on file in the Department of Planning All materials for sale or materials being stored shall be contained within the specified area There shall be no materials or merchandize in the adjacent parking spaces, parking lot drive aisles, or parking lot landscape islands 2 The perimeter of the storage area shall be fenced as shown on the submitted color rendering entitled "The Home Depot, Princess Anne & Lynnhaven Parkway, Virginia Beach, Virginia, Store No 4626," prepared by CASCO, and on file in the Department of Planning 3 The perimeter of the area shall be landscaped as indicated on the plan described above in Conditions 1 and 2 In the event that the existing vegetation along the southwest fence line is adversely impacted during construction or becomes sparse, evergreen shrubs such as way myrtles shall be installed at six foot on center the entire length of the fence line 4 There shall be no signage installed within the area, on the fence, or immediately adjacent to the area other than professionally prepared traffic control signs Hand -lettered signs shall not be utilized NOTE Further conditions may be required during the administration of applicable City Ordinances The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes Conditional use permits must be activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information Planning Commission Agenda February 12, 2003 THE HOME DEPOT U S A, INC / # 23 Page 7 Wi I >1 W c� s W x Planning Commission Agenda February 12, 2003 THE HOME DEPOT U S A, INC 1 # 23 Page 8 Planning Commission Agenda February 12, 2003 z THE HOME DEPOT U S A, INC / # 23 Page 9 APPLICATION PAGE 4 OF 4 CONDITIONAL USE PERMIT CITY OF V MGINIA BEACH DISCLOSU" STATEMENT AppRcant's flame R7rt H4asa 17epet USA List All i5rrrewr Pmp kM O►*nors Tire game D of USA! PROPERTY CWtT= DSMOS URE Ifthe property awner is a OORMRAUGN ka all at> mn of t se Cm pwe= below (Anmch list rf mcmary) Presldew Robert 1Vrnid6 Sewwr Met Pram&we Mlbe FW10 75,eu:m- carol rmwe Seers wy LawrareeA Sn&h If the property awner is a PART ERSIiIIP FIRM, or adw t1lgNCORPORATFD ORGAMEXTlON, lit ag members or partners m the oWmntma belotr (Attach list Vr wa p3) I E 0 Q=k here if the propm y cw w n NOT a amparsam parmt fnmp ar ad= »pmxmd vW== _ ff dte appka we is on dm cot an owner of &e prop&%% compku tie Appamm Mcinswr s cmm below APPLICANTDwcr osuRE If the apphcom is a COBPQRATION laic all off c s of dhe C.orpomwo below (Ataoch list if lwccuay) Promant!" RobarNoniew Senior Kice Pyessdem Mgm Fo0o 7kea"war Cane/ ram se-ewr Laxrrxar A S'ravh If the applv=rt is a PARTNEPSW FMK or Ober UMI ORPORATED ORGANVAT[ON, Irst oil membara or p®mers m the nrgamraaen below (,tr wJ,, lut Ern= saapV ❑ Cbeck has if the applukrtt is NOT a wrpomon, parmeahrp San, or atber unmcmporated orpmwum CMTMCAT[ON I een{fy that die InAwmanim canuma haws Is [rue and 4wan e. c Sri Prat Name Planning Commission Agenda February 12, 2003 THE HOME DEPOT U S A, INC 1 # 23 Page I 1 Item #23 The Home Depot USA, Inc Conditional Use Perrrut 2020 Lynnhaven Parkway District 1 Centerville February 12 2003 CONSENT Charlie Salle' Next item is Item #23, Home Depot, USA And, that's an application for a Conditional Use Permit for a bulk storage yard at 2020 Lynnhaven Parkway and there are four conditions attached to this application Randy Royal I think you were telling me we've got opposition9 RobertMiller Yes Its you I just wanted to correct somebody today, so Randy I picked on you Randy Royal You got me Randy Royal, not for the opposition, representing Home Depot and we're agreeable with all the conditions Charlie Salle' Okay Thank you Robert Miller Sorry Charlie Salle' Is there any opposition to this application9 Ainght Therefore, I would move that we adopt the Consent agenda consisting of item #23 with four conditions Ronald Ripley So the motion has been made by Charlie to accept the item that he has listed for consent approval Do I have a second? Seconded by Kathy Katsias I've asked Gene to comment on the balance of the consent items Eugene Crabtree Number 23, Home Depot is taking some of the parking spaces on the south side of their garden center and enclosing it into an area where you could have a drive thru sales and pick up area We thought it was a good use for that particular area and an expansion to Home Depot and the elimination of the parking space would not impact on the total parking requirement for that particular land, so once again, we thought that was a good reason to consent it Ronald Ripley Thank you Gene Motion has been made It has properly been seconded So I think we're ready to vote AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE Item #23 The Horne Depot USA Inc Page 2 CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD Ronald Ripley By a vote of 9-0, the motion passes ABSENT ABSENT �,$ !_�__ I -:FEW MWIC ice ; �A. R! ' — r •' - s ' /its / W 2 �. �. � ■ � I I I I f 'f f Navol Stalion `Air Gpw 241715 5083 ZONING HISTORY 1 Conditional Use Permit (auto repair) — Approved 3126/89 2 Conditional Use Permit (auto repair) — Approved 5/26/92 3 Conditional Use Permit (auto repair) — Approved 7/3/89 4 Rezoning (R-7 Residential to 1-1 Industrial ) — Approved 6/21/82 5 Enlargement of Nonconforming Use (concrete crusher and recycle facility) —Approved 11/24/92 and 4/12/94 Rezoning (1-1 Industrial to Conditional 1-2 Industrial) and Conditional Use Permit (auto salvage) — Approved 12/12/00 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Import Concepts Auto Repair, Inc — Conditional Use Permit MEETING DATE March 11, 2003 ■ Background An Ordinance upon Application of Import Concepts Auto Repair, Inc for a Conditional Use Permit for auto repair on the west side of Sykes Avenue, approximately 750 feet south of Virginia Beach Boulevard (GPIN 2417155083) Said parcel is located at 141 Sykes Avenue and contains 42,950 16 square feet DISTRICT 6 — BEACH The purpose of this request is to operate an auto repair facility in two units of a six unit building IN Considerations There is an existing metal -frame building with six individual garage units on the site The site is zoned 1-1 Light Industrial District There have been numerous conditional use permits granted in this area for auto related uses within the 1-1 Light Industrial area surrounding this site to the east, south and west The existing building is located at the northern side of the site with a parking lot located on the south side of the budding and a gravel drive located on the northern side of the building There appears to be adequate area on the south side of the building in the paved parking area for vehicles awaiting repair, in addition to the spaces necessary for the other businesses occupying the other units in the building The applicant received a notice of violation from the Zoning Enforcement Office for operating without a Conditional Use Permit, but the applicant has been cooperating with staff to make sure all activities are in accordance with the City Code and that all permits are obtained in a timely manner The surrounding area is industrial in nature and is located in the highest AICUZ as well as an Accident Potential Zone The Planning Commission placed this item on the consent agenda because it is compatible with the surrounding land uses There was no opposition to the proposal Import Concepts Page 2 of 2 ■ Recommendations The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions This Conditional Use Permit approval for auto repair is for Unit 147 and Unit 151 only 2 No outside storage of parts and/or inoperable vehicles is allowed 3 All vehicles awaiting repair shall be parked in the paved area on the southern side of the building No vehicles awaiting repair shall be parked in the gravel drive on the northern side of the building, adjacent to the R- 5D Residential District 4 The applicant must obtain all necessary permits, including a permit for the proposed paint booth, from the Permits and Inspections Division of the Planning Department 5 A Certificate of Occupancy for both units shall be obtained prior to zoning approval of a business license ■ 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 I IMPORT CONCEPTS AUTO / # 261 February 12, 2003 General Information: APPLICATION K07-211-CUP-2002 NUMBER REQUEST Conditional Use Permit for An auto repair establishment ADDRESS 141 Sykes Avenue w .� M I I I ! I I II Oceano Naval I 1-2 I� .4rr 5tarfon I$ a'� I° o a m y G PIN 2417-1550-8300 ELECTION DISTRICT 6 — BEACH SITE SIZE 0 98 acres Gpm 2417154W Planning Commission Agenda 4 February 12, 2003� f IMPORT CONCEPTS AUTO 1 # 26 Page 1 STAFF PLANNER Barbara Duke PURPOSE To operate an auto repair facility in two units of a six unit building APPLICATION This request was deferred at the January S hearing due to the failure HISTORY to post the public notice sign Major Issues: Degree to which the proposal is compatible with the surrounding area Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning There is an existing metal -frame building with six individual garage units on the site The site is zoned 1-1 Light industrial District Surrounding Land Use and Zoning North • Duplex residential units / R-5D Residential Duplex District South . Warehouse/Storage / 1-1 Light Industrial Distnct East • U Wrench It Auto Salvage / 1-1 Light Industrial District West • Warehouse/Storage / 1-1 Light Industrial District Zoning History There have been numerous conditional use permits granted in this area for auto related uses within the 1-1 Light Industrial area surrounding this site to the east, south and west Planning Commission Agenda February 12, 2003 IMPORT CONCEPTS AUTO / # 26 Page 2 Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of greater than 75dB Ldn and Accident Potential Zone One Natural Resource and Physical Characteristics The majority of the site is developed with the building and associated parking There are no significant natural resources on the site Public Facilities and Services Water and Sewer City water and sewer currently serve the site Transportation Master Transportation Plan (MTP) Sykes Avenue is not identified on the Master Transportation Plan The proposed alignment of the Southeastern Expressway includes the Sykes Avenue right-of-way and property to the east of Sykes Avenue The current proposed alignment for the Southeastern Expressway will not impact the subject site 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 Fire protection items will be reviewed during detailed building Rescue permit review Comprehensive Plan The Comprehensive Plan identifies this area as suitable for light industrial uses Planning Commission Agenda February 12, 2003 IMPORT CONCEPTS AUTO 1 # 26 Page 3 Summary of Proposal Proposal • The existing building was constructed prior to the adoption of current landscape and stormwater management ordinances There is no landscaping within the parking lot on this site and no landscape buffer existing on the northern side of the site, adjacent to the R-5D Residential District The existing building is located at the northern side of the site with a parking lot located on the south side of the building and a gravel drive located on the northern side of the budding There appears to be adequate area on the south side of the building in the paved parking area for vehicles awaiting repair, in addition to the spaces necessary for the other businesses occupying the other units in the building Evaluation of Request The request for a conditional use permit for auto repair is acceptable The applicant received a notice of violation from the Zoning Enforcement Office for operating without a Conditional Use Permit, but the applicant has been cooperating with staff to make sure all activities are in accordance with the City Code and that all permits are obtained in a timely manner The surrounding area is industrial in nature and is located in a high noise zone as well as an accident potential zone The Conditional Use Permit for auto repair is recommended for approval with the following conditions Conditions 1 This Conditional Use Permit approval for auto repair is for Unit 147 and Unit 151 only 2 No outside storage of parts and/or inoperable vehicles is allowed 3 All vehicles awaiting repair shall be parked in the paved area on the southern side of the building No vehicles awaiting repair shall be parked in the gravel drive on the northern side of the building, adjacent to the R-5D Residential District Planning Commission Agenda February 12, 2003 IMPORT CONCEPTS AUTO / # 26 Page 4 o� — 4 The applicant must obtain all necessary permits, including a permit for the proposed paint booth, from the Permits and Inspections Division of the Planning Department 5 A Certificate of Occupancy for both units shall be obtained prior to zoning approval of a business license 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 ai LA Planning Planning Commission Agenda 1 February 12, 2003 r IMPORT CONCEPTS AUTO 1 # 26 Page 5 A SITE 45 ME g P J2 M! N 05-14 40 L ++Pf �- wf I �I ee o a.s i _ T-4 fU4H hP) 4 L Y4Mf `SrFO MOAL / FA AM f CaRxCE L 02 � u L i __ wlwHa[ x b LE AI / FRAME liII R GARAGE X i Ir Erex o 0 i y^ METAL / fRAUE n * GAAAGE I I i_B xHollow I'O tee' Im1.. iI If9 n II ] L 4 II 1 1 kE lAl J fRAkA I4 t GA4r E f a 1 +se a a M 1A f FRAME n �I y{ GARA(' Ise I ' -JL TA rRAM9 a I DS GLITa� � i or I a4 uL ALg � ! r 1 1 T`ka C we ! 199 51 1 5 0114 40 W p r SYKES AVENUE (50' R/W) Planning Commission Agenda f February 12, 2003 i IMPORT CONCEPTS AUTO 1 # 26 Page 6 APFUCr DON PAGF 4 OF 4 O DITIONAL USx, PERMIT r' CM OF VIRGINIA SFACH DISCLOSURE ;STATEI ENT Applicant's Name 114P�9t15-1' Lht All Cufferit �CEO-10, Ga-w� wW✓U rtL� wat�vr/a�.� �rtl�, Property Owners PROPERTY 0WKER. DISCLOSURE If the proLmity owner is a CORPORATION list all officers of the Corporation below (Attach list rf necexsarv) �— If the property owner is a PARTNERSHIP FIRM, or other UNINCORPORA TIED O,RGANIZA MIN list all members or partners in the organtzabon below- (Attach lur if nrcessary) ❑ Check hero if the property owner is N0 Y a corporation, pirtner%hip ii -no ottwr nincorpvra ed organization Ifthe appflcant er not the current owner of the property complete eke Applicant Drscl®sure secttan below APPLICANT Di5CLO5URE If the applicutt is a CORPORATION list all of =rs of theCorporation ixiaw (Arrach list rf nerrssiiry) / ,J ez"dAW r2fL+Ahr<Ity S. tl_ Op L)A+t— U the applicant is a PARTNERSHIP FIRM or other UNINCORPORATED ORGANIZATION list all mernbers or partners in the orsamzatron below (Attach lot rf necesrary) ❑ CheCk here If the applicant is NOT a corporuion partnership firm or other unincorporated organization CERTIFICATION I certify that the informahon coalarned herein is true and accurutet Signature print Nam Planning Commission Agenda February 12, 2003 IMPORT CONCEPTS AUTO 1 # 26 Page 8 Item #26 Import Concepts Auto Repair, Inc Conditional Use Permit 141 Sykes Avenue District 6 Beach February 12, 2003 CONSENT Charlie Salle' The next item is Item #26, Import Concepts Auto Repair, Inc Is anybody representing Item #26? There are five conditions as part of that application And, I guess if we don't have anybody to agree to them, I guess we can still keep it on the Consent agenda Ronald Ripley Do you agrees The City Attorney is nodding affirmative Charlie Salle' It's a Conditional Use Permit for auto repair on the west side of Sykes Avenue And that completes the items on the Consent agenda Therefore, I would move that we adopt the Consent agenda consisting item #26 with five conditions Ronald Ripley So the motion has been made by Charlie to accept the items that he has listed for sited for consent approval Do I have a second) Seconded by Kathy Katsias I've asked Gene to comment on this consent item Eugene Crabtree Number 26, the auto repair shop which was on Sykes Avenue It was on our agenda last month We were prepared to consent it and because the sign wasn't posted we had to deter it We could not see any reason whatsoever that this was not a good use for that particular land and once again, it does not impact on the area in any way as far as additional traffic It down t interfere with any other uses with any of its surrounding neighbors Therefore we felt lake it should be on the consent agenda And, our Comrruttee members dad not have any objection to these being on the consent agenda as well Ronald Ripley Thank you Gene And, again, thank you Don Motion has been made It has properly been seconded So, I think we're ready to vote AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT ABSENT HULLER AYE Item #26 Import Concepts Auto Repair, Inc Page 2 RIPLEY AYE SALLE' AYE STRANGE AYE WOOD ABSENT Ronald Ripley By a vote of 9-0, the motion passes Okay, I'm getting ahead of myself That takes care of our withdrawals deferrals and consent items Virginia Beach Pembroke Congregation •Not to Scale of Jehovah's Witnesses m Gpsn 1468-4-31M — 146&43-3958 ZONING HISTORY 1 Rezoning (R-10 Residential to conditional B-2 Business) Approved 1-26- 99 Rezoning (R-5 Residential to B-2 Business) Denied 1-4-88 2 Conditional Use Permit (fuel sales) Approved 3-7-00 Rezoning (R-5 Residential to B-2 Business) Denied 1-4-88 3 Rezoning (R-10 Residential to A-12 Apartments) Approved 12-12-88 Rezoning (R-10 Residential to A-18 Apartments) Withdrawn 4-25-88 4 Rezoning (R-10 and 0-1 Office to conditional B-2 Business) Approved 10- 26-99 Rezoning (R-10 Residential to 0-1 Office) Approved 4-30-90 Rezoning (R-5 Residential to B-2 Business) Denied 1-4-88 lJ4 4 y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Virginia Beach Pembroke Congregation of Jehovah's Witnesses — Conditional Use Permit MEETING DATE March 11, 2003 ■ Background An Ordinance upon Application of Virginia Beach Pembroke Congregation of Jehovah's Witnesses for a Conditional Use Permit for a church on property located at the northeast comer of Diamond Springs Road and Shumey Lane (GPIN 1468443188, 1468433958) Parcel contains 2 07 acres DISTRICT 4 — BAYSIDE The purpose of this request is to construct a freestanding church for a maximum of 275 people on the subject property ■ Considerations The property is currently vacant and is zoned R-10 Residential District The site plan shows a rectangular 5,100 square foot building positioned at the northern end of the property A total of 74 parking spaces are located just south of the building The stormwater management facility is located south of the parking lot in the tip of the triangle The applicant has submitted elevations depicting a beck veneer building with a composite shingle hipped roof Windows are shown on the front and back of the building, and although not shown, windows will be included on each side of the building The front of the building includes a covered drop-off area constructed of brick columns and a hipped roof of the same material as the main building Although landscaping is shown on the plan, A does not meet minimum requirements for street frontage, foundation, and interior parking lot landscaping Street frontage landscaping, which consists of trees and a continuous hedgerow, will be required along the Diamond Springs Road and Shurney Lane street frontages Foundation landscaping will be required on the south, east, and west sides of the budding Interior parking lot landscaping must be increased to meet the requirement of 30 square feet per parking space The applicant is aware of these deficiencies, and the problem will be addressed during the detailed plan review process Jehovah's Witnesses Page 2 of 2 The Planning Commission placed this item on the consent agenda because the church would be a compatible use within the surrounding area Staff recommended approval There was no opposition to the request ■ Recommendations The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions The site shall be developed as shown on the site plan entitled, "A New Kingdom Hall of Jehovah's Witnesses for the Pembroke, Virginia Beach and Central Norfolk Congregations, Virginia Beach, Virginia" dated November 22, 2002 by Miller Cupp Associates Architects, P C , which has been exhibited to the City Council and is on file with the Planning Department However, landscaping on the site plan shall be added to meet current requirements of the Zoning and Site Plan Ordinances 2 The building shall be constructed as depicted on the elevations entitled, "A New Kingdom Hall of Jehovah's Witnesses for the Pembroke, Virginia Beach and Central Norfolk Congregations, Virginia Beach, Virginia" dated December 12, 2002 by Miller Cupp Associates Architects, P C , which has been exhibited to the City Council and is on file with the Planning Department However, the plans shall be modified prior to building plan review to include three windows on each side of the budding 3 Any freestanding sign shall be a maximum of eight feet in height and shall be monument style The base of the sign shall be brick to match the brick on the building ■ 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 I(- wy, PEMBROKE CONGREGATION OF JEHOVAH'S WITNESSES / # 16 February 12, 2003 General Information: APPLICATION NUMBER C05-210-CUP-2002 REQUEST Conditional Use Permit for a church ADDRESS Northeast corner of Diamond Springs Road and Shurney Lane Ytrg:nsa Beach Pembroke Congregarwm ,� . . , 7 77 1 �i - 72. 1' �.. •� u IY $•, YR �.",■��!�•�';:���' ';�;�� : Y mil.,,•'... !i►� f - C,pu 1468- 4-3188 - 1468--1.1-3958 GPIN 14684431880000 and 14684339580000 ELECTION DISTRICT 4 - BAYSIDE Planning Commission Agenda��` z February 12, 2003s r PEMBROKE CONGREGATION OF JEHOVAH'S WITNESSES / # 16 Page i SITE SIZE 2 07 acres STAFF PLANNER Ashby Moss PURPOSE To construct a freestanding church for a maximum of 275 people on the subject property Major Issues: • Degree to which the proposal is compatible with neighboring properties • Quality appearance of site and building Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The property is currently vacant and is zoned R-10 Residential District Surrounding -Land Use and Zoning North . A single-family dwelling exists on the property immediately north of the subject site / R-10 Residential District Beyond that, a shopping center / Conditional B-2 Community Business District Southeast . Across Shurney Lane, vacant single-family dwellings / R-10 Residential District East . Across Shurney Lane, Apartment complex / A-12 Planning Commission Agenda February 12, 2003 PEMBROKE CONGREGATION OF JEHOVAH'S WITNESSES / # 16 Page 2 Apartment District West • Across Diamond Springs Road, apartments and townhouse development / A-12 and A-18 Apartment Distncts Zoning Hfstory The zoning for the shopping center north of the subject site was changed from residential to commercial in 1999 The gas station at the corner of that property was approved in March of 2000 The commercial property at the southwest corner of Diamond Springs Road and Wesleyan Drive was changed from residential and office to commercial in 1999 The zoning for the apartment complex east of the subject site across Shumey Lane was changed from single-family residential to multi -family residential in 1988 Air Instailation 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 This site must connect to City water and sewer A pump station and sewer analysis will be required to determine if adequate capacity exists for the new flows Transportation Master Transportation Plan (MTP) ! Capital Improvement Program (CIP) Diamond Springs Road in the vicinity of this application is designated on the MTP as a 120-foot right-of-way with divided travel lanes and a bikeway There are no projects in the current adopted CIP to upgrade this roadway Traffic Calculations Street Name Present Present Generated Traffic Volume Capacity_ I 28 200 ADT' + Potentiai Land Use — 78 ADT Diamond Springs Road 220010 ADT' i Level of Proposed land Use 3- 46 ADT Service C Sunday 167 ADT Planning Commission Agenda February 12, 2003 PEMBROKE CONGREGATION OF JEHOVAH'S WITNESSES ! # 16 Page 3 " J ' Average Daily Trips gas defined by six single family homes 3 as defined by proposed church 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 recommends low density suburban residential land use at or below 3 5 dwelling units per acre The land use policies in the Comprehensive Plan also recognize the need for legitimate support uses like churches that fulfill the needs and services of the adjacent community Summary of Proposal Proposal • The applicant proposes to construct a new, freestanding church with sanctuary seating for 275 people Site Design • The subject property is tnangle-shaped and is bordered by Diamond Springs Road on the west and Shurney Lane on the east Shurney Lane is a small local street serving only the subject property and the remaining residential properly to the north • The site plan shows a rectangular 5,100 square foot building positioned at the northern end of the property A total of 74 parking spaces are located lust Planning Commission Agenda .C#;� r February 12, 2003- PEMBROKE CONGREGATION OF JEHOVAH'S WITNESSES 1 # 16 Page 4 south of the building The stormwater management facility is located south of the parking lot in the tip of the triangle Vehicular and Pedestrian Access • The sole access for the property is off of Shurney Lane No access points are shown on Diamond Springs Road Architectural Design • The applicant has submitted elevations depicting a brick veneer building with a composite shingle hipped roof Windows are shown on the front and back of the building, and although not shown, windows will be included on each side of the building * The front of the building includes a covered drop-off area constructed of bnck columns and a hipped roof of the same material as the main building * No freestanding sign elevation was submitted with the application, however, should such a sign be desired, a condition has been recommended requiring an eight -foot maximum height monument style sign with a brick base to match the building Landscape and Open Space Design Although landscaping is shown on the plan, it does not meet minimum requirements for street frontage, foundation, and interior parking lot landscaping Street frontage landscaping, which consists of trees and a continuous hedgerow, will be required along the Diamond Springs Road and Shurney Lane street frontages Foundation landscaping will be required on the south, east, and west sides of the building Interior parking lot landscaping must be increased to meet the requirement of 30 square feet per parking space The applicant is aware of these deficiencies, and the problem will be addressed during the detailed plan review process • A row of trees is shown along the northern property border within a 20-foot landscape buffer area Additional shrubs should be added to screen equipment behind the building Planning Commission Agenda February 12, 2003 PEMBROKE CONGREGATION OF JEHOVAH'S WITNESSES / # 16 Page 5 Evaluation of Request The applicant's request for a Conditional Use Permit for a church is acceptable The surrounding area consists of mostly high -density multi -family residential Churches are compatible support uses in these areas The submitted plans and elevations depict an attractively designed site and building that will be an attribute to the surrounding area Therefore, this application is recommended for approval, subject to the conditions listed below Conditions The site shall be developed as shown on the site plan entitled, "A New Kingdom Hall of Jehovah's Witnesses for the Pembroke, Virginia Beach and Central Norfolk Congregations, Virginia Beach, Virginia" dated November 22, 2002 by Miller Cupp Associates Architects, P C , which has been exhibited to the City Council and is on file with the Planning Department However, landscaping on the site plan shall be added to meet current requirements of the Zoning and Site Plan Ordinances 2 The building shall be constructed as depicted on the elevations entitled, "A New Kingdom Hall of Jehovah's Witnesses for the Pembroke, Virginia Beach and Central Norfolk Congregations, Virginia Beach, Virginia" dated December 12, 2002 by Miller Cupp Associates Architects, P C , which has been exhibited to the City Council and is on file with the Planning Department However, the plans shall be modified prior to building plan review to include three windows on each side of the building 3 Any freestanding sign shall be a maximum of eight feet in height and shall be monument style The base of the sign shall be brick to match the brick on the building NOTE Further conditions may be requ►red 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 C►tv Codes Conditional use Permits must be Planning Commission Agenda February 12, 2003 PEMBROKE CONGREGATION OF JEHOVAH`S WITNESSES I # 16 Page 6 S ! r activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordnance for further information �lµu NCH 4 Planning Commission Agenda February 12, 2003 PEMBROKE CONGREGATION OF JEHOVAH'S WITNESSES I # 15 Page 7 I 0 rww, v �awaRrwr��+ J, awe. r "Agoo 491104400 S d 1 I� ! ! r ! �e 5 LL 1 r WcUwvwT 71► —to— WM MOWA 4-"—� 6A4YMC G am powpoom wi WAwwww Lx I i I J ! ((yJ ! r f !! r I ,rwrwde�cr � ingot" / ! woRmATION _ MPRXNW ! Oi�i01Mt MI !!Ilit IRS= r i ! /(► 'mew � ' 6.lRri OiIM� PA "Mif =MV, �YI�R 100ow"001=00 HIIAM� POW iAlshl� �� Planning Commission Agenda February 12, 2003 PEMBROKE CONGREGATION OF JEHOVAH'S WITNESSES 1 # 16 Page 8 u h A- ■ J 9 F Planning Commission Agenda PEMBROKE CONGREGATION OF JEHOVAH■S WITNESSES ,I # 16 Page 9 Planning Commission Agenda February 12, 2003 PEMBROKE CONGREGATION OF JEHOVAH'S WITNESSES 1 # 16 Page 10 DIftLOSURE STATEM04 Appiaant's Name Virgznia Beach Pembroke Congregation of jenovan's witnesses Lis# Alt Oumnt Property Owners- _ a oI 'bett al e" Co a s Va,%1IL01 s -r Eo�L-- — T� AfnAtAwr DISCLOSURE .r�ar,a►n If the property owner is a CORPORA71ON fist all others of the Corporation below (Attach list if necessary) .Trust (Aijxca snnigy.nary RuraEt_ cart cymig5 jr-} If the property owner is a PARTNERSHIP. FIRM or other UNINCORPORATED ORGANIZATION list all members or partners in the orgen¢ation below (Attach list rf nec+ wiy) © Check here if the }property per is NOT a corporation partnership firm or other Wurroarporated orwization XOw mWke t As not ihr caerW owns of dw propw9y, cwpkty We Applicant Dlsdosurs ssctlm below ?t4wry 0"vuW N 'r DISMOSURE If the property oww is a CORPORATION list all ohs of the Corporation below (AI"IWh fist if neoessssry) If the property owner is a PARTNERSHIP, RRU, or anther UNWCORPORATED ORGANIZATION W all membem or partners in the orgw ate below (Attach list if re y) CERURCAT10W ! certify that the lnformadon contained herein is true and accirrate A1frpd Moslg-y. Pnnt Name Conditional Use PoI Application Page 8 of 12 Planning Commission Agenda February 12, 2003 PEMBROKE CONGREGATION OF JEHOVAH'S WITNESSES 1 # 16 Page 12 Item # 16 Virginia Beach Pembroke Congregation of Jehovah's Witnesses Conditional Use Permit Northeast corner of Diamond Springs Road and Shurney Lane District 4 Bayside February 12 2003 CONSENT Charlie Salle' Next item is Item #16, which is the Virginia Beach Pembroke Congregations of Jehovah's Witnesses Is there anybody here representing Item #16? That is a Conditional Use Permit for a church on property located at the northeast corner of Diamond Springs Road and Shurney Lane Alfred Mosley Yes We're represented Charlie Salle Would you state your name please? Alfred Mosley Alfred Mosley Charlie Salle' There are three conditions that are attached to this application Are you famihar with those Alfred Mosley Yes Charlie Salle' And you agree with those conditions? Alfred Mosley Yes Charlie Salle' Alright Is there any opposition to this application? Thank you very much Therefore I would move that we adopt the Consent agenda consisting of item 16 with 13 conditions Ronald Ripley Before we accept the motion, Item #16 does that have 13 or three conditions? Charlie Salle' Sixteen has three conditions Ronald Ripley Three conditions Correction So the motion has been made by Charlie to accept the items that he has listed for sited for consent approval Do I have a second9 Seconded by Kathy Katsias I've asked Gene to comment on the balance of the consent items Gene Item #169 Eugene Crabtree Item #16 a Congregation of Jehovah Witnesses Church that is on the Bayside area on Diamond Springs Road and Shurney Lane We did not feel like this land Item #16 Virginia Beach Pembroke Congregation of Jehovah s Witnesses Page 2 use was incompatible with the area and it would not impact on the traffic on any of the streets in the area And, this was a good use for that particular block of land Ronald Ripley Thank you Gene Motion has been made It has properly been seconded So, I think we're ready to vote AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT ABSENT NIILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD ABSENT Ronald Ripley By a vote of 9-0, the motion passes Wmilli M- Gpin 2417-28-3022 ZONING HISTORY 1 Rezoning (A-12 Apartment to conditional A-18 Apartment) Approved 3-20- 89 Rezoning (A-1 Apartment to A-2 Apartment) Withdrawn 1-4-82 2 Rezoning (A-12 Apartment to conditional A-18 Apartment) Approved 3-20- 89 3 Rezoning (0-2 Office to conditional B-2 Business) Approved 1-23-01 4 Rezoning (0-2 Office to conditional B-1 A Limited Business) Approved 2- 10-98 5 Subdivision Variance Approved 12-17-84 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Triton PCS/SunCom — Conditional Use Permit MEETING DATE March 11, 2003 ■ Background An Ordinance upon Application of Triton PCS/SunCom for a Conditional Use Permit for a communication tower on property located south of the intersection of Snow Goose Lane and Hawks Nest Way, north of Interstate 264 (GPIN 2417283022) Parcel is located at 1400 Snow Goose Lane and contains 11 69 acres DISTRICT 5 - LYNNHAVEN The purpose of this request is to construct a 94-foot communication tower in the center of an existing 79-foot electric power transmission tower ■ Considerations The proposed tower is located within a 100-foot wide Virginia Power easement used for high-voitage power transmission Imes The easement is located at the terminus of Freemac Drive, lust north of Interstate 264The underlying property is part of an 11 69- acre property developed with an apartment complex The property is zoned conditional A-18 Apartment District The site is in an AICUZ of greater than 75dB Ldn and Accident Potential Zones 1 and 2 surrounding NAS Oceana The applicant has submitted documentation from the Federal Aviation Administration that the proposed tower would not be a hazard to air navigation, and marking and lighting are not necessary for aviation safety In addition, NAS Oceana has reviewed the application and found it acceptable The proposed tower will extend through the center of the lattice framework for the transmission tower to a height of 94 feet With one set of antennae, the ultimate height of the structure will reach approximately 97 feet The center of the tower is approximately 30 feet from the 1-264 right-of-way and 110 feet from the closest apartment building The applicant has met the location criteria specified in the City Zoning Ordinance by proposing to co -locate on an existing utility transmission tower The Planning Commission placed this item on the consent agenda because of its compatibility with the existing use and consistency with the criteria in the zoning ordinance Staff recommended approval There was no opposition to the request Triton PCSISuncom Page 2 of 3 ■ Recommendations The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions The tower and equipment shelter shall be constructed as depicted on the submitted site plan entitled "Triton PCS Heron's Point Co - Locate, 1400 Snow Goose Lane, Virginia Beach, VA 23451," prepared by Clark Nexsen Architecture & Engineering, dated July 2, 2002 A copy of the plan has been presented to City Council and is on file in the Planning Department 2 Landscaping shall be installed as depicted on sheet L-1 of the submitted site plan identified in condition #1 above 3 The fence securing the equipment shelter shall be black vinyl coated chain link No barbed wire, razor wire, or electrification shall be permitted 4 The tower and antennae shall not exceed 97 feet in height 5 The communication tower shall be a standard gray color In the event that the Federal Aviation Administration or other licensing entity requires that the tower be painted another color, the height of the tower shall be reduced to a level that will eliminate the requirement that it be painted 6 Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users 7 in the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference 8 Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting towers and related equipment Triton PCS/Suncom Page 3 of 3 9 In addition to the NIER letter Bled with this application, the applicant shall also provide a letter from a licensed radio frequency engineer noting that the cumulative non -ionizing electromagnetic radiation emitted from the tower does not exceed, at ground level or at any point within the adjacent apartments, the lowest applicable standards established by the federal government or the American National Standards Institute ■ Attachments Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action Staff recommends approval Planning Commission recommends approval Submitting DepartmenVAgency Planning Department City Manager V, �Yy &.I TRITON PCS / SUNCOM / # 14 November 13, 2002 General information: APPLICATION NUMBER K06 - 210 - CUP - 2002 REQUEST Conditional Use Permit for communication tower ADDRESS 1400 Snow Goose Lane �ikftyWy? r rim .. � rdW Zi c GPIN 24172830220000 ELECTION DISTRICT 5 - LYNNHAVEN SITE SIZE 11 69 acres cps 24117-28--30z2 1" Planning Commission Agenda` ry November 13, 2002 �~ f TRITON PCS ! SUNCOM 1 # 14 Page 1 STAFF PLANNER Ashby Moss PURPOSE To construct a 94-foot communication tower in the center of an existing 79-foot electric power transmission tower Major issues: o Mitigation of tower visibility while providing a service location e Visibility and screening of associated equipment building Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning Surroundina Land Use and Zonin North • Apartment complex and associated facilities / A- 18 Apartment District South . Interstate 264 East & West . Apartment complex / conditional A-18 Apartment District Planning Commission Agenda November 13, 2002 TRITON PCS / SUNCOM / # 14 Page 2 Zoning „History The subject property was rezoned from A-12 Apartment District to A-18 Apartment District in 1989 A previous request to change to a higher density zoning category was withdrawn in 1982 Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of greater than 75dB Ldn and Accident Potential Zones 1 and 2 surrounding NAS Oceana The applicant has submitted documentation from the Federal Aviation Administration that the proposed tower would not be a hazard to air navigation, and marking and lighting are not necessary for aviation safety In addition, NAS Oceana has reviewed the application and found it acceptable Natural Resource and Physical Characteristics The area within the Virginia Power easement is devoid of structures other than the transmission towers The area surrounding the transmission tower at the end of Freemac Drive is grassed Although this area is located within the Chesapeake Bay watershed, it is not a Resource Protection Area, which is the more sensitive buffer area bordering the shoreline Public Facilities and Services Capital lmproyement Program (CIP) There are no projects listed in the currently adopted CIP for this immediate area Public Safet 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 No comments Rescue Planning Commission Agenda November 13, 2002 TRITON PCS f SUNCOM f # 14 Page 3 T Comprehensive Plan The Comprehensive Plan designates this area for medium and high density residential land use above 3 5 dwelling units per acre Site Plan / Conformance with Section 232 Proposal The applicant proposes to erect a 97-foot tall monopole tower for wireless communications equipment within the center of an existing 79-foot tall power transmission tower Site Plan Mc. 'C.- .,A. • The existing power,., transmission tower is located within the 100-foot Virginia Power easement at �°':"°°"------ ---- -- the terminus of Freemac �-�° �� °°"R -- — -- Drive, lust north of Interstate 264 • The proposed tower will A" extend through the center of , the lattice framework for the transmission tower to a height of 94 feet With one set of antennae, the ultimate \ height of the structure will reach approximately 97 feet�-� h The center of the tower is approximately 30 feet from gam° _ t� v�` the 1-264 right-of-way and 110 feet from the closest — apartment building • An 11 5-foot by 16-foot equipment shelter is "0P06`°'�'°�� ' proposed within a 24-foot by FOOMTdl FOR PROVO%O ,�-M To.0 (.. a .� -� 22-foot fenced area just west of the base of the tower The proposed location Planning Commission Agenda November 13, 2002 TRITON PCS / SUNCOM / # 14 Page 4 of the equipment shelter is approximately 10 feet from the 1-264 right-of-way and 70 feet from the closest apartment building • The equipment shed will be surrounded by a seven -foot tall black vinyl coated chain link fence Because this is a residential area, no barbed wire or electric fences are permitted • A row of wax myrtles and a separate row of Nandina will be provided along the entire north side of the proposed fenced area and existing power tower The south side of these areas is already densely wooded Conformance with Section 232 A variance from the Board of Zoning Appeals (BZA) is required for the proposed location of the tower and associated equipment Section 232(b) lists a number of setback requirements from residential structures, street rights -of -way, property lines abutting residential uses or districts, and property Imes in general The applicant's BZA request is scheduled for November 6, 2002 The results of the variance request will be reported at the briefing before the Planning Commission's public hearing • A structural engineering report and a report addressing NIER (non -ionizing electromagnetic radiation) requirements have been submitted Condition #9 has been included to specifically address NIER requirements at the level of the adjacent apartments • The applicant has met the location criteria specified in the City Zoning Ordinance by proposing to co -locate on an existing utility transmission tower Evaluation of Request The request for a conditional use permit for a 97-foot tall communication tower is acceptable The applicant has met the location criteria required by the City Zoning Ordinance by proposing to co -locate the tower on an existing power transmission tower Only one user is proposed for the structure, which is common for co -locations on power towers Structurally, the one provider scenario offers the safest design In addition, NAS Oceana has reviewed the application and found it acceptable Therefore, this application is recommended for approval subject to the conditions listed below Planning Commission Agenda November 13, 2002 TRITON PCS 1 SUNCOM 1 # 14 Page 5 Conditions The tower and equipment shelter shall be constructed as depicted on the submitted site plan entitled "Triton PCS Heron's Point Co -Locate, 1400 Snow Goose Lane, Virginia Beach, VA 23451," prepared by Clark Nexsen Architecture & Engineering, dated July 2, 2002 A copy of the plan has been presented to City Council and is on file in the Planning Department 2 Landscaping shall be installed as depicted on sheet L-1 of the submitted site plan identified in condition #1 above 3 The fence securing the equipment shelter shall be black vinyl coated chain link No barbed wire, razor wire, or electrification shall be permitted 4 The tower and antennae shall not exceed 97 feet in height 5 The communication tower shall be a standard gray color in the event that the Federal Aviation Administration or other licensing entity requires that the tower be painted another color, the height of the tower shall be reduced to a level that will eliminate the requirement that it be painted 6 Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users 7 In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference 8 Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting towers and related equipment 9 In addition to the NIER letter filed with this application, the applicant shall also provide a letter from a licensed radio frequency engineer noting that Planning Commission Agenda ys November 13, 2002 TRITON PCS / SUNCOM / # 14 Page 6 the cumulative non -ionizing electromagnetic radiation emitted from the tower does not exceed, at ground level or at any point within the adjacent apartments, the lowest applicable standards established by the federal government or the American National Standards Institute 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 Agendas f November 13, 2002� , TRITON PCS / SUNCOM / # 14 Page 7 'lam jif g r-1 Proposed Site Plan Planning Commission Agenda November 13, 2002 TRITON PCS / SUNCOM / # 14 Page 8 VA STATE OW z n I1 Proposed Site Plan (Detail) Planning Commission Agenda November 13, 2002 ti r TRITON PCS 1 SUNCOM 1 # 14 Page 9 Proposed Landscape Plan Planning Commission Agendafr!� a November 13, 2002 - TRITON PCS / SUNCOM / # 14 Page 10 PROPOSED TRITON PCS ANTENNA ARRAY MODEL 058210 O 30' 150 270' -� TOP OF PROPOSED TRITON PCS ANTENNA 96 -3 # A.G i - - - - - 1 CENTER OF' PROPOSED .TRITON _PCS ANTENNA _ _ _ _ _ B, -O t A.G L. - BOTTOM OF PROPOSED 7RITON_PCS AWENNA 4' 91 -S t Ax L - - - - - - TOP OF ExsiOyR EXISTING 79 DOMINION VIRGINIA POM'ER TOWER #78/36 PROPOSED 94 FORPOMH POWERIWI)NT PROPOSED TRITON PCS ICE BRIDGE PROPOSED 11 5 X 16 TRITON PCS EOLhPMENT SHELTER ED M PROPOSED POLYDUCT�T FOUNDATION FOR PROPOSED FORT*ORN TOWER (BY OTHERS) Planning Commission Agenda November 13, 2002 TRITON PCS 1 SUNCOM 1 # 14 Page 11 Planning Commission Agenda November 13, 2002 TRITON PCS ! SUNCOM 1 # 14 Page 12 a ELEVATION 9EY ELEVATION SCROLL FAN E-MST ELBOW WJ SNAP IN SCREEN 41 -10 �o o �� A GROUND BAR Bill LGR BAR millrr4 PVC TELCO ■ 6fT$ M i E NTR`f p O t5 -0 15 -0 ELEVATION D ELEVATION D NOTE PROPOSED BUtLDING LIGHT FIXTURE WILL BE SHEIDED AND OPERATED BY A SWITCH, AND SHALL NOT BE OPERATED W A PHOTOCELL 1 SHELTER ELEVATIONS NOT TO SCALE Planning Commission Agendas r November 13, 2002- TRITON PCS 1 SUNCOM / # 14 Page 13 APPLICATION W PAGE 4 DF 4 CONDITIONAL USE PERMIT CITY OF VIRGINIA BEACH DISCLOSURE STATEMENT 4pphcant's Name _ CTO ?C.S Sul► l.lrn _-... List All Current /� Property Owners - 1AL1rA A I�VI —VA— .., _L I lu K Ho c.0 4saa!;�iAls - PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION list all officers of the Corporation below (Attach lit ifnecessarv) 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 orgatmnon If the applicant is not the current owner of the property, complete the Applicant Disclosure section below APPLICANT DISCLOSURE If the applicant IS a CORPORATION list all officers of the Corporation below (Attach list if necessary) c �,c Sec A Lt_c k If the applicant is a PARTNERSHIP FIRM or other UNINCORPORATED ORGANIZATION list all members or partners in the organization below (Attach list if necessarvj ❑ Check here if the applicant is'VOT a corporation, partnership firm, or other unincorporated organization CERT11FICATION I certifv that the mformatton contained herein is true and accurate. �i f a.onP� About Trtton acs . ltnve Ratatitn: ' 01111111shokkir 9areicae f cire*m [ About Triton PCS ] Officers Mtchae:l E, ra wgrft Chairman and Chief Executive Officer Steven Skirmer President and Chief Operating Officer David D Clark Executive vice President and Chief Financial Officer Daniel E, Hopkins Senior WCe President of Finance and Treasurer Steen a McN&tky Senior Vice President of Sales and Marketing, and President of SunCom Glen A. Robinson Senior Vice president of Technology William A Robinson Senior- Vice President of Operations Michael E Kalogris Chairman and Chief Executive officer Michael E Kabgns Is Chainn n and Chief Executive Officer of Triton PCS A founder of Try PCS, Mr Kalogns has led the company s devei00111'ent, establishing Triton PCS as the first member of the AT&T Wire Services Inc, network of affiliates as well as one of the leading yrire services carriers in the Southeast Uri his leadership, Triton PCS has set industry -leading standards for network performance, customer service and customer retention leading to consistent strong growth to subscribers and revenue, and earning a rePutaciDn as one of the fastest growing and best - managed voreless connipasnies in the country Kalogris has Consistently distkiguished himself as a leader in the highly competitnre wireless industry, and ►s now in his third CEO role since 1988 He previousiy was the Chairman of [ Directors I ►bus M1OMW a waQ.ie Chwrarrrn aced rriwfaRxecur,w or,=r StWmn R, Siklnar ftsldrto and CW operv&V facer RobutSWIM Sr V P Acgjamiom and De04AXITSW AT&T WYnmlezlkt servkm Inc. Sw t I Andante >'rMW44 Cedar Greve Fanners, LLC and Ckdsr Greve Investmerim LLC stirs D "stic GAeinnin "W Chien'Eximubiee C)ftW WeZl,nk Wk@AM Inc Planning Commission Agenda November 13, 2002 TRITON PCS / SUNCOM / # 14 Page 16 Item #14 Triton PCSISuncom Conditional Use Permit for a communications tower 1400 Snow Goose Lane District 5 Lynnhaven November 13, 2002 CONSENT Dorothy Wood Next item is Item #14, Triton PCS/Suncom It's for a Conditional Use Permit for a communications tower in Lynnhaven District and its on Snow Goose Lane and Hawks Nest Way Is there anyone here9 And this item has nine conditions Dale Finocchi Good morning My name is Dale Finocchi and I'm with Triton PCS representing the applicant Ake ve reviewed all of the conditions with staff and we have no problems with any of them Dorothy Wood Thank you Is there any opposition to Item #14 for Triton Communications? Hearing none Mr Vakos would you please comment on number 13 and 14'-� Robert Vakos I'll be happy too Dorothy Wood Thank you Robert Vakos Item #14 is one of those no brainers Betsy referred to And you serve on the Commission long enough you don't always get your way even though you like to think you do or you would And, whenever you have an existing power line and you want to put a small antenna on the top, to me that ought to be an administrative approval and not through the Commission So, maybe one of these days that this type of application will go through administratively and not have to be on Planning Commission or City Council So that is sort of a no brainer and the Corn ission felt like it was acceptable to be on the consent agenda Dorothy Wood Thank you Mr Vakos Mr Ripley, I would move to approve this item on the consent agenda, number 14 with nine conditions Ronald Ripley So we have a motion Do I have a second) Seconded by Gene Crabtree to approve this consent agenda item Is there any discussion on the matter'? We're ready to vote AYE 10 NAY 0 ABS 0 ABSENT 1 ATKINSON AYE BAUM AYE CRABTREE AYE Item # 14 Triton PCS/Suncom Page 2 DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' STRANGE AYE VAKOS AYE WOOD AYE Ronald Ripley By a vote of 10-0, the motion passes ABSENT Gpm %ee A"iscahon ZONING HISTORY 1 Conditional Use Permit (motor vehicle sales) — Granted 3-14-95 2 Change of Zoning (A-12 Apartment District to B-2 Community Business District) -- Granted 2-22-94 3 Conditional Use Permit (auto repair & service) -- Granted 12-14-93 4 Conditional Use Permit (motor vehicle rentals) — Granted 7-13-93 5 Street Closure — Granted 6-22-87 6 Change of Zoning (R-6 Residential District to B-2 Community Business District) — Granted 11-17-86 7 Conditional Use Permit (auto sales & service) — Granted 10-20-86 8 Street Closure — Granted 11-18-85 9 Change of Zoning (R-6 Residential District to B-2 Community Business District) — Granted 11-18-85 10 Conditional Use Permit (auto repair) — Granted 6-24-85 11 Change of Zoning (R-6 Residential District to B-2 Community Business District) — 12-14-81 12 Street Closure — Granted 12-14-81 � rtj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Eagles Flight, L L C — Conditional Change of Zoning District Classification MEETING DATE March 11, 2003 ■ Background An Ordinance upon Application of Eagles Flight, L L C for a Change of Zoning District Classification from A-12 Apartment District to Conditional B-2 Community Business District on the northwest corner of North Witchduck Road and Richard Road (GPIN 1467865925, 1467865858, 1467866868, 1467867895, 1467877071) The proposed zoning to Conditional B-2 is for retail commercial land use The Comprehensive Plan recommends use of this parcel for residential land use above 3 5 dwelling units per acre Parcel contains 2 019 acres DISTRICT 4 - BAYSIDE The purpose of this Conditional Rezoning request is to expand an existing motorcycle sales and service facility ■ Considerations The applicant is proposing to modify an existing structure and combine 1 08 acres of B-2 zoned property with 0 939 acres of property currently zoned A-12 Apartment District to renovate and expand a motorcycle sales, accessories and service facility The site plan depicts the existing 9,828 square foot metal frame structure with two (2) proposed additions totaling 11,042 square feet, one on the west and one on the east side, 98 parking spaces, and, required landscaping The Planning Commission placed this item on the consent agenda because the proposal will contribute to the enhancement of the area and will be compatible to the surrounding land use Staff recommended approval There was no opposition to the request ■ Recommendations The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request as proffered Eagle's Flight 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 VO— City Manager r V `� EAGLES FLIGHT L.L.C. / # 9 February 12, 2003 General Information: APPLICATION NUMBER D06-212-CRZ-2002 REQUEST Change of Zoning District Classification from A- 12 Apartment District to Conditional B-2 Community Business District �•• �. .,� . u its - i to e •y A.;••a r 'tea : � � � � � I �i. !3i tom:• , � ., • � _ rr Planning Commission Agenda' February 12, 2003 y- EAGLES FLIGHT L L C I# 9 Page 1 GPIN 14678659250000,14678658580000,14678668680000, 14678678950000 ELECTION DISTRICT 4 - BAYSIDE SITE SIZE 2 019 acres STAFF PLANNER Carolyn A K Smith PURPOSE Conditional Rezoning request to expand a motorcycle sales and service facility Major Issues: • Degree to which the expansion of this business is compatible with surrounding land uses and consistent with the Comprehensive Plan Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning There is an existing one (1) story metal building on the two (2) lots, with a total acreage of 1 08 acres, currently zoned B- 2 Community Business District The other two (2) lots, consisting of 0 939 acres, are currently zoned A-12 Apartment District and are vacant Surrounding Land Use and Zoning North • Weaver Road, bakery / B-2 Community Business District South . Richard Road, office, / A-12 Apartment District East • Witchduck Road / B-2 Community Business District �,eu eFw�r Planning Commission agenda �� February 12, 2003 % EAGLES FLIGHT L L. C I# 9 Page 2 West Single-family dwellings, apartments/ A-12 Apartment District, A-1 S Apartment District Zon►n-g and Land Use Statistics With Existing The property zoned B-2 Community Business District Zoning could continue to support uses consistent with the requirements set forth in the City Zoning Ordinance for that category The property currently zoned A-12 Apartment District, 0 939 acres, could potentially develop with up to 11 dwelling units consistent with the requirements of the A-12 District With The proposed proffer agreement limits the Proposed improvements to those depicted on the proffered site Zoning plan that includes two additions to the existing building and associated parking The proffers also dictate the architectural design of the building Zoning History There has been a flurry of zoning activity in the vicinity of this site, particularly on the other side of North Witchduck Road (the north side) All of the change of zoning requests reflect this portion of North Witchduck Road's transition from Apartment and Residential Districts to B-2 Community Business Several Conditional Use Permits have also been granted nearby, all auto related Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana Natural Resource and Physical Characteristics The property is located in the Chesapeake Bay watershed There are no significant environmental features on these parcels as the majority of the site is already developed The two A-12 sites are currently vacant grassed sites Planning Commission Agenda February 12, 2003 EAGLES FLIGHT L L C i# 9 Page 3 Public Facilities and Services Water and Sewer Water There is a 6 inch water main in Richard Road and an 8 inch water main in North Witchduck Road fronting the east side of the property This site has an existing 5/8-inch meter that may continue to be utilized or may be upgraded Sewer There is an 8-inch sanitary sewer main in Richard Road and a 10- inch sanitary sewer main in North Witchduck Road fronting the east site of the property This site is connected to City sewer Pump station and sewer analysis may be required to accommodate new flows Transportation Master Transportation Plan (MTP) I Capital Improvement Program (CIP) Witchduck Road in the vicinity of this application is considered a four (4) lane undivided suburban arterial It is designated on the MTP as a 100-foot wide right-of- way, divided, with a multi -purpose trail The current right-of-way width is 90 feet and there are no plans within the CIP to upgrade this facility, however, further review for possible reservations or dedications will be done during final site plant review Traffic Calculations Street Name Present Present Generated Traffic Volume Capacity_ Existing Land Use — 277 ADT North Witchduck Road 20 000 ADT' 14 800 ADT' Proposed Land Use 3— 439 ADT Average Daily Trips gas defined by 1 08 acres of S 2 (207 ADT) and 93 acres of A 12 (70 ADT) 3 as defined by 2 01 acres of motorcycle repair and service facility Public Safety Police The applicant is encouraged to contact and work with the u �� Planning Commission Agenda February 12, 2003- F EAGLES FLIGHT L L C f# 9 - Page 4 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 Fire protection of the structure will be addressed during the Rescue final site plan and building permit review processes Hazardous materials used, stored and/or sold onsite must comply with the Virginia Statewide Fire Prevention Code requirements Comprehensive Plan The Comprehensive Plan recommends this area as supporting retail, service, office and other uses compatible within commercial centers serving surrounding neighborhoods and communities The Plan policies for the overall Bayside Planning Area generally support commercial land use that does not d2srupt or adversely impact on adtomrng stable neighborhoods The Plan's policies encourage developments that promote economic vitality, enhance the quality of life of the existing physical environment, and recognize the public need for compatible support activities Summary of Proposal Proposal • The applicant is proposing to modify an existing structure and combine 1 08 acres of B-2 zoned property with 0 939 acres of property currently zoned A-12 Apartment District to develop a motorcycle sales, accessories and service facility Site Design • The site plan depicts the existing 9,828 square foot metal frame structure with two (2) proposed additions totaling 11,042 square feet, one on the west and one on the east side, 98 parking spaces, and, required landscaping Planning Commission Agenda February 12, 2003 EAGLES FLIGHT L L C / # 9 Page 5 • The rear of the existing building and the rear of the proposed structure are within 9 9 feet of the rear property line A variance will be required from the Board of Zoning Appeals for this encroachment into the required 15-foot rear yard setback Vehicular and Pedestrian Access • There are two (2) existing vehicular ingress/egress points for the motorcycle business, one (1) off of Weaver Road and one (1) off of North Witchduck Road One (1) additional access is proposed off of Richard Road • While not depicted on the submitted plan, the Department of Public Works / Traffic Engineering Division has indicated that a right turn lane must be installed along North Witchduck Road • Pedestrian access appears to be adequate Architectural Design • The submitted elevation depicts a predominately light gray metal structure with off- white exterior insulation finish system (EFTS) "arcade" architectural details A split face block water table, aluminum glass storefront windows and doors, and orange and black signage are all also depicted on the front elevation facing North Witchduck Road Black canopies are proposed along this facade that will match the window trim • These architectural elements wrap around the west and east comers for a short distance Then, the building transitions down to one story and the exterior building material becomes the gray metal with matching metal roof Pedestrian and roll up garage doors are depicted along these elevations The rear elevation depicts the existing metal siding building and the addition to match A rear elevation was requested as the property abuts an apartment complex While the rear of the existing metal building and the proposed addition is not very attractive, there is a mature hedge of shrubs along the property line, albeit not on the applicant's property, that provides a nice buffer In addition, the applicant is installing a Category IV buffer along the same property line that will also enhance the existing screening tNu aew4. Planning Commission Agenda el r February 12, 2003� f EAGLES FLIGHT L L. C / # 9 Page 6 Landscape and Open Space • The required streetscape, interior parking lot, and foundation landscaping is depicted on the site plan A more detailed review of these elements will be performed during final site plan review A 15-foot wide Category IV landscape buffer, also required when a B-2 zoned property abuts A-12 zoning, is depicted along a portion of the southern and western property lines This screening does not extend along the entire rear property line due to existing storm drain structure nor does it meet the minimum width requirement of 15 feet in all areas A variance from the Board of Zoning Appeals is required for a reduction of the required screening Proffers PROFFER # 1 The improvements to be constructed by Grantor on the Property designated as `Building Addition" shall be substantially as shown on the "Layout Plan for Southside Harley Davidson, Virginia Beach, Virginia" prepared by Site Improvement Associates, Inc (Plans), said exhibit being the same exhibit submitted to the City Council and on file in the Planning Department of the City of Virginia Beach Staff Evaluation The proffer Is acceptable It ensures that the layout for the facility, Including number of Ingress/egress points, building location, etc will be constructed In conformance with the submitted plan PROFFER # 2 The elevations of the building improvements to be constructed by Grantor on the Property shall be substantially as shown on the architectural renderings entitled "Construction Drawings for Southside Harley- Davidson, Virginia Beach, Virginia" and prepared by Barnes Design Group, said exhibit being the same exhibit submitted to the City Council and on file in the Planning Department of the City of Virginia Beach Staff Evaluation The proffer Is acceptable It ensures that the building materials and architectural design will be of the quality portrayed In the submitted elevations and within the staff 3*D.D� Planning Commission AgendaFebruary i2, 2003 EAGLES FLIGHT L L C 1# 9 Page 7 report City Attorney's The City Attorney's Office has reviewed the proffer Office agreement dated November 18, 2002, and found it to be legally sufficient and in acceptable legal form Evaluation of Request The subject commercial expansion is compatible with the uses in the surrounding area, and is recommended for approval The design of the site, with the inclusion of a right turn lane off of North Witchduck Road, provides safe vehicular and pedestrian access and circulation The plan is deficient in landscape screening and buffering along the southern property line and a variance from the Board of Zoning Appeals must be pursued if the building's footprint remains exactly as depicted A Category IV buffer (a 15 foot wide planting area with a mix of evergreen trees and shrubs) is required along all property lines abutting residential uses Mother required parking lot and building foundation landscaping is depicted and will be further scrutinized during the final site plan review process As the building's elevations are proffered, final architectural plans will be submitted and reviewed for compliance with the architectural renderings submitted with the request No building permit will be issued without full compliance with the proffer agreement 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 February 12, 2003 EAGLES FLIGHT L L C I# 9 Page 8 jc-oalN'Acyti f Q `w - A r 1 7. Planning COmmission AgendaFebruary 12, EAGLES FLIGHT L L C 2 #O9 ti Page 9 Planning Commission Agenda February 12, 2003 EAGLES FLIGHT L L C / # 9 Page 10 Planning Commission Agenda February 12, 2003 EAGLES FLIGHT L L C / # 9 Page 11 go Planning Commission Agenda Z7 U 1 February 12, 2003 z f EAGLES FLIGHT L L. C I # 9 - Page 12 Planning Commission Agenda February 12, 2003 EAGLES FLIGHT L L C I# 9 Page 13 D! OSURE STATEMEN Applicant's Name EAGLES FLIGHT, LLC List All Current Property Owners EAGLES FLIGHT, LLC 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 organxation below (Attach list If necessary) )TTIR IM ITBT. TRTIRT fine CKnT2T.ps 4S_ rnx anA mjS Lay Syr, (r_ i1mc.Z"?4,; ❑ Check here it the property owner is NOT a corporation partnership firm, or o"r unincorporated organization f! the Wflcent as not the ounvnt owner of the praperty, 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 ORCANIZATION, list all members or partners m the organization below (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, pai tnership fine, or other unincorporated organization CERTIFICATIQK ! certify that the information contained herein is true and accurate Conditional Rezoning Application Page 10 of 14 EAGLES FLIGHT, LLC Rq MA rU M_ r_ III ghie a Print Name as Managing Member 1N1A k1 .r . Planning Commission Agendaf February 12, 2003 r EAGLES FLIGHT L L C / # 9 Page 15 Item #9 Eagles Flight, L L C Change of Zoning District Classification Northwest corner of North Witchduck Road and Richard Road District 4 Bayside February 12 2003 CONSENT Charlie Salle' The next item is Eagles Flight, number nine It's a Change of Zoning from A-12 Apartment District to Conditional B-2 Community Business District on the northwest corner of North Witchduck Road and Richard Road Don Clark Good morning Mr Chairman I guess it's good afternoon I'm Don Clark from Williams Mullin I represent Eagles Flight, L L C in this matter Charlie Salle' Well, it's actually proffers So there are no conditions with this application Is there any opposition to this application? Thank you very much Don Clark Thank you Charlie Salle' Therefore, I would move that we adopt the Consent agenda consisting of Item 9 five conditions Ronald Ripley So the motion has been made by Charlie to accept the item that he has listed for consent approval Do I have a second? Seconded by Kathy Katsias Don, go ahead and comment on Item #9 Donald Horsley Item #9 we got a colored rendering here that really adds a lot of character to that property We feel that this is excellent upscale development improvement to this property especially to the existing building The Harley dealership is going to really add a lot to that The elevations and all that were proffered with the color rendering that we got That area is really going to be upgraded and we don't have any recommendations to make according to the BZA We're not making any recommendations on that, but we feel that this will be an upgrade and high duality project to be carved out along Witchduck Road Okay Ronald Ripley Thank you Don Motion has been made It has properly been seconded So I think we're ready to vote AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE Item #9 Eagles Flight, L L C Page 2 HORSLEY AYE KATSIAS AYE KNIGHT VIILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD Ronald Ripley By a vote of 9-0, the motion passes ABSENT ABSENT FORM neo P 5 1$ City of Virginia B�cri INTER -OFFICE CORRESPONDENCE In Reply Refer To Our He No DF-5673 TO Leslie L Lille^y�� FROM B Kay Wilson RE Conditional Zoning Application Eagles Flight, LLC DATE February 26, 2003 DEPT City Attorney DEPT City Attorney The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 11, 2003 1 have reviewed the subject proffer agreement, dated November 18, 2002, 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 THIS DOCUMENT WAS PREPARED BY WILLIAMS MULLEN 900 ONE COLUMBLS CENTER VIRGINL4 BEACH VIRGINIA 23462 EAGLES FLIGHT, LLC, a Virginia Iimited Iiability company TO (COVENANTS AND CONDITIONS) CIT1 OF VIRGP% L4 BEACH a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 18th day of November 2002, by and between EAGLES FLIGHT, LLC, a Virginia limited liability company (Grantor), and CITY OF V IRGINIA BE ACH, a municipal corporation of the Commonwealth of Virginia Grantee, WITNESSES THAT WHEREAS, the Grantor has trutiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as to rezone the Grantors property, containing 0 93 acres Zoned A-12, 1 089 acres Zoned B-2, and collectively totaling 2 019t acres from A-12 and B-2 to Conditional B-2, on certain property located at 385 North Witchduck Road and the Northwest intersection of North Witchduck Road and Richard Road, in the City of Virgnia Beach, Virgnia said property being referred to hereinafter as the "Property, and being more particularly described on Exhibit A, attached 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 GPINS 1467-86-5925-0000 1467-86-5858-0000 1467-86-6868-0000 1467-86-7895-0000 1467-87-7071-0000 WHEREAS, the Grantor acknowledges that in order to recognize the effects of change, and the need for vanous 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 in the B-2 zoning classification are needed to cope with the situation which the Grantor's proposed development gives rise to, and WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the B-2 zoning dxstnct by the City Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and proposed development, 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 of the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or vaned by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Vnrgirua, 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 an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee 2 advertised pursuant to the provisions of Code of Virginia, Section 15 2-2204, which said ordinance or resolution shall be recorded along with said iristrument as conclusive evidence of such consent, and NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, 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 or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the Property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants runrnng with the Property, which shall be binding upon the Property and upon all parties and persons clauriing under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title, namely 1 The improvements to be constructed by Grantor on the Property designated as "Building Addition" shall be substantially as shown on the "Layout Plan for Southside Harley Davidson, Virguna Beach, Virguna" prepared by Site Improvement Associates, Inc (Plans), said exhibit being the same exhibit submitted to the City Council and on file m the Planning Department of the City of Virginia Beach 2 The elevations of the building improvements to be constructed by Grantor on the Property shall be substantially as shown on the architectural renderings entitled "Construction Drawings for Southside Harley-Davidson, Virginia Beach, Virginia" and prepared by Barnes Design Group, said exhibit being the same exhibit submitted to the City Council and on file in the Planning Department of the City of Virginia Beach 3 It is recognized that further conditions may be required during the admirustration of applicable City ordinances and that there will be detailed site plan review to meet all applicable City codes All references heremabove to requirements and regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, to force as of the date of City Council action approving the amendment sought by the Grantor, which is by this reference incorporated herein The Grantor 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (i) the bringing of legal action or suit to insure compliance with such condition, including mandatory or prolubitory 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 Admuustrator made pursuant to the provisions, the Grantor shall petition to 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 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 In WITNESS the folIowmg signature and seal EAGLES FLIGHT, LLC, a Virginia limited liability company By. r Mary/M Cl Hu s Managing Mem COMMONWEALTH OF VIR GINIAh/ eA,-, po+A �lJ C %.+ CITY OF to -wit 1 I, 'S" a A a Notary Public in and for the Commonwealth of Virginia, aKlyge, do hereby certify that Mary M C Hughes, as Managing Member of Eagles Flight, LLC, a Virginia lirnded liability company, whose name is signed to the foregoing instrument, beanng date of the 18`h day of November, 2002, has acknowledged the same before me m the city and state aforesaid Given under my hand this 1 S day of November, 2002 l� W � ZINK N®R My commission expires Cy- 30.0 3 5 -- EXHIBIT A Property to be Rezoned PARCEL ONE All that certain lot, piece or parcel of land situated in the City of Virguua Beach (formerly Kempsville Magisterial District, Princess Anne County), Virginia, and bounded and described as follows Beginning at a point on the northern side of a 30 feet road distant 330 90 feet from the western side of Witchduck Road (formerly Bayside Road) and rummng thence N 15° 30' E 118 23 feet to a point, thence N 690 27' West 50195 feet to a point, thence S 151, 30' W 122 65 feet to a point on the northern side of a dirt road and thence S 74° 42' E along the northern side of the dirt road 50 feet to the point of beginning PARCEL TWO All that certain lot, piece or parcel of land situated in the City of Virginia Beach (formerly Kempsville Magisterial District, Princess Anne County), Virginia, and bounded and descnbed as follows Beginning at a point on the northern side of a 30-foot road distant 280 90 feet from the western side of Witchduck Road (formerly Bayside Road), running thence N 15° 30' E 113 81 feet to a point, thence N 69° 27' W a distance of 50 195 feet to a point and thence S 15° 30' W 118 23 feet to a point on the northern side of a 30-foot dirt road and thence S 74' 42' E along the northern side of the dirt road 50 feet to the point of beginning PARCEL THREE All that certain lot, piece or parcel of land situated in the City of Virginia Beach, Virginia, and more particularly bounded and described as follows Beginning at a point 130 87 feet from the intersection of the northern right- of-way line of Richard Road and Witchduck Road and from said point of beginning running N 74' 42' 00" W along the northern nght-of way line of Richard Road a distance of 150 03 feet to a pin, thence turnng and running N 15' 30' 00" E a distance of 113 81 feet to a pin, thence turning and running S 69' 27' 00" E a distance of 150 61 feet to a pin, thence turning and running S 15" 30' 00" W a distance of 100 56 feet to the point of beguiling, said property being shown on a certain survey entitled "Physical Survey, Property of William F Hudgins, Jr, Bayside Borough, Virginia Beach, Virguua " AND BEING the same property shown on the plat entitled "PHYSICAL SURVEY PROPERTY DESCRIBED IN D B 3950 P 446 AS PARCELS ONE, TWO AND THREE VIRGINIA BEACH, VIRGINIA", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach m Map Book , Page PARCELS ONE, TWO AND THREE BEING the same premises conveyed to Joseph H. Latchum, Jr, Trustee for the QTIP Marital Trust for Charles W Cox by deed from Hilda F R Ricks, widowed and not remarried, dated June 14, 1999 and recorded in the aforesaid Clerk's Office in Deed Book 4098, at page 0160, and further conveyed to Eagles Flight, LLC by deed from Joseph H. Latchum, Jr, Trustee for the QTIP Marital Trust for Charles W Cox dated November 7, 2002, and tendered for recordation to the aforesaid Clerk's Office on or before November 12, 2002 PARCEL FOUR ALL THAT certain piece or parcel of land, together with the improvements thereon, situate, lying and being in the Kempsville Magisterial District, Princess Anne County, Virginia, and more particularly bounded and described as follows Beginning at a pipe on the western side of Bayside Road in the dividing line of the property hereby conveyed and the property now or formerly belonging to Riddick, (NOW Joseph H Latchum, Jr Trustee for the QTIP Marital Trust for Charles W Cox) and running thence north 69' 27" west a distance of 150 585 feet to a point, thence south 15" 30" west a distance of 100 56 feet to the northern side of a 30-foot dirt road, thence south 74' 42" east along the northern side of said din road a distance of 150 feet to the west side of Bayside Road (now known as Witchduck Road North) and thence north 15" 30" east a distance of 87 3 feet to the point of beginning Less, save and except that portion of property conveyed to City of Virgima Beach by deed dated September 13, 1979 from Leandis Hodges and Hattie Wright Hodges and recorded in Deed Book 1956, page 798 IT BEING the same property conveyed to Eagles Flight, LLC a Virginia limited habihty company, by deed dated August 3, 2001, from Hattie Wright Hodges, widow and not remarried, recorded in the aforesaid Clerk's Office in Deed Book 4478, at page 914 PARCEL FIVE ALL THAT Iand Iocated in the City of Virginia Beach, Virginia and bemg more particularly described as follows BEGINNING at an old pin, said point being on the western right-of-way line of N Witchduck Road and being N15°38'22"E, 19 96 feet from the -2- intersection of the western right-of-way line of N Witchduck Road and the northern right-of-way line of Richard Road, thence running along the westem right-of-way line of N Witchduck Road Nl5°38'22'T, 50 68 feet to an old drill hole, thence continuing along said right-of-way line along the arc of a curve to the left, having a radius of 4,955 feet, a distance of 13 03 feet to a pin, said point being the true point of beginning, thence turning and leaving said right -of way line and running N69°27'00"W (non -radial) 225 70 feet to a point, thence turning and running N13021' 14"E, 440 feet to an old pin, thence turning and running S69008'04"E, 225 98 feet (non -radial) to an old pin on the western right- of-way line of N Witchduck Road, thence turning and running in a southerly direction along said right-of-way, along the arc of a curve to the right, having a radius of 4,955 feet, a distance of 3 13 feet to the point of beginning Said land containing 845 square feet/0 019 acre, more or less IT BEING the same property conveyed to Eagles Flight, LLC, a Virginia limited liability company, by deed dated May 17, 2002, from FALA Corporation and Edwin B Lindsley, Jr recorded in the aforesaid Clerk's Office in Deed Book 4697, at page 1775 PARCEL SIX ALL THAT certain piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying situate and being located north of Virginia Beach Boulevard (U S Route 58), and immediately west of and contiguous to the west side of Witchduck Road (formerly Bayside Road) in Bayside Borough of the City of Virginia Beach, Virginia, and more particularly bounded and described as follows BEGINNING at a point in the west boundary line of Witchduck Road which point of beginning is located N 15 degrees 30' East 89 0 feet from the north boundary line of Richard Road, and from said point of beginning running along the west boundary line of Witchduck Road N 17 degrees 49' 40" East 230 44 feet to a point in the aforesaid west boundary line, thence turning and running along the south boundary line of an unnamed street as shown on plat recorded in Deed Book 997, at page 386, in the office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, N 75 degrees 34' 50" West 25616 feet to a point, thence turning and running S 15 degrees 43' 50" West 19135 feet to a point, thence turning and mining S 66 degrees 40' East 250 feet to a point in the west boundary line of the aforesaid Witchduck Road, which point is also the point and place of beginning LESS AND EXCEPT a portion of the aforesaid property acquired by the City of Virginia Beach, Virginia for widening and improvements of Witchduck Road recorded in Deed Book 1877, page 389 -3- IT BEING the same property conveyed to Joseph H Latchum, Jr, Trustee for the QTIP Marital Trust for Charles W Cox by deed of distribution dated November 21, 2002 from Joseph H Latchurn, Jr, Trustee for the Charles W Cox Revocable Trust, and the same property conveyed to Eagles Fhgbt, LLC, a Virginia Imnted liability company, by deed of contribution dated November 21, 2002 from Joseph H Latchum, Jr, Tnistee for the QTIP Marital Trust for Charles W Cox, which Deeds were submitted to the CIerk of the Circuit Court of the City of Virguna Beach for recordation on December 31, 2002 #370301 vl Exhibit A legal Eagles Flight -4- IPA IT s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Sandbndge Road/Nimmo Parkway Corridor Safety Improvements and Alignment MEETING DATE March 11, 2003 ■ Background In March 2001, the Sandbndge Road Safety Improvements project, CIP 2-067, was deleted by City Council action and the remaining available funds were transferred into the Sandbndge Road Corridor Improvements project, CIP 2-151 This agenda request proposes to use the existing design contract with the firm of Vanasse Hangen Brustlin, Inc, for Sandbrdge Road Corridor Improvements, CIP 2-151, to begin the design work for Safety Improvements to Sandbrdge Road under the existing 2-151 In May 2001, the segment of Nimmo Parkway from Atwoodtown Road to Sandbndge Road was removed from the Master Transportation Plan and Sandbndge Road from Upton Drive to Nimmo Parkway was added City Council has been briefed on September 3, 2002, October 8, 2002, January 14, 2003, and March 4, 2003 on the comparisons and the environmental impacts between the Sandbndge Road corridor and the Nimmo Parkway corridor This agenda item refers to the Planning Commission one of three items as described below in Considerations ■ Considerations. This agenda item incorporates four separate resolutions for consideration The first resolution authorizes staff to proceed with Traffic Safety improvements along Sandbndge Road utilizing the existing design contract The second resolution proposes adding a portion of Nimmo. Parkway from Atwoodtown Road to Sandfiddler Road to the Master Transportation Plan (MTP) and removing a portion of Sandbrdge Road from Atwoodtown Road to Sandfiddler Road from the MTP The third resolution proposes adopting the preferred alignment of the Citizen's Advisory Committee as presented to City Council at the January I4, 2003 briefing The last resolution proposes removing a portion of Sandbndge Road from Atwoodtown Road to Sandfiddler Road from the MTP Upon adoption of a resolution which modifies the MTP, the resolution will be referred to the Planning Commission for a formal recommendation to City Council The Planning Commission will hold its regular public hearing pnor to formal action on these items ■ Public Information A public information meeting was held on September 5, 2002 to present the alignment alternates developed by the Citizen Advisory Committee for improvements to the Sandbndge Road corridor City Council was briefed on two occasions on October 8, 2002 and January 14, 2003 on the public involvement process for Sandbndge Road Corridor Improvements and the detailed comparison of the Sandbndge Road and Nimmo Parkway corridors ■ Alternatives Approve the Resolution to authorize staff to proceed with the Sandbridge Road Traffic Safety Improvements, Refer a Resolution modifying the Master Transportation Plan to the Plammng Commission for a recommendation on the Ordinance, or take no action ■ Recommendations Approve and authorize staff to proceed with the Sandbridge Road Traffic Safety Improvements Provide direction regarding alignments and Master Transportation Plan revisions as they relate to the Sandbridge Road Comdor ■ Attachments Resolutions Ordinance Recommended Action 0 Submitting Department/Agency Public Works City Manager V ' :5�3 W;2'- I A RESOLUTION TO AUTHORIZE THE 2 DEPARTMENT OF PUBLIC WORKS TO 3 PROCEED WITH THE DESIGN OF SAFETY 4 IMPROVEMENTS TO SANDBRIDGE ROAD 61 6 WHEREAS, a public information meeting was conducted on 7 September 5, 2002 in the City of Virginia Beach by City 8 representatives to present the proposed alignments in the 9 Sandbridge Road Corridor Improvements capital improvement pro)ect, 10 WHEREAS, a briefing was provided to the City Council on 11 October 8, 2002 by the Public Works Department to compare both the 12 Sandbridge Road and Nimmo Parkway corridors, 13 WHEREAS, a briefing was provided to the City Council on 14 January 14, 2003 by the Public Works Department to compare 1S environmental impacts to both the Sandbridge Road and Nimmo Parkway 16 corridors, and 17 WHEREAS, based on these meetings, the City Council has 18 determined to direct the Department of Public Works to take certain 19 actions 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA 22 1 That the Department of Public Works is hereby 23 authorized to proceed with the design of the safety improvements 24 for Sandbridge Road utilizing an existing design contract 25 2 That the Sandbridge Road Citizen Advisory Committee 26 shall be continued so that it may provide input about the 27 development of the safety improvements 28 29 3 That the design costs of the Sandbridge Road safety 30 improvements shall be funded with existing funds in CIP 2-151 31 "Sandbridge Road Corridor Improvements " 32 Adopted by the Council of the City of Virginia Beach, 33 Virginia on the _ _ day of _ _ 2003 CA-8750 ordin/noncode/Sandbridge Rd res wpd January 31, 2003 R3 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY e �" is Works Dep4,±#ient City Attorney s Off e 2 l A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION A PROPOSED ORDINANCE TO AMEND THE 3 COMPREHENSIVE PLAN PERTAINING TO THE MASTER 4 TRANSPORTATION PLAN BY THE ADDITION OF A 5 PORTION OF NIMMO (FORMERLY FERRELL)PARKWAY 6 FROM ATWOODTOWN ROAD EAST TO SANDBRIDGE ROAD 7 AND THE REMOVAL OF A PORTION OF SANDBRIDGE 8 ROAD FROM ATWOODTOWN ROAD EAST TO SANDFIDDLER 9 ROAD 10 WHEREAS, the public necessity, convenience, general 11 welfare and good zoning practice so require, 12 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA 14 There is hereby referred to the Planning Commission, for 15 its consideration and recommendation, a proposed amendment to the 16 Comprehensive Plan pertaining to the Master Transportation Plan for 17 the addition of a portion of Nimmo Parkway from Atwoodtown Road 18 east to Sandbridge Road and the removal of a portion of Sandbridge 19 Road east from Atwoodtown Road to Sandfiddler Road A true copy of 20 such proposed amendment is hereto attached 21 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA 23 That the Planning Commission be, and hereby is, directed 24 to transmit to the City Council its recommendation concerning the 25 aforesaid amendment no later than sixty (60) days after the date of 26 adoption of this Resolution 27 COMMENT 28 The Resolution refers to the Planning Commission a proposed amendment to add Nimmo 29 Parkway from Atwoodtown Road east to Sandbridge Road to the Master Transportation Plan 30 31 32 33 34 The Resolution also directs the Planning Commission to transmit to the Citv Council its recommendation concerning the proposed amendment within 60 days of the date of adoption of the Resolution Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of 2003 CA-8733 bkwilson\planningcommission R-2 - March 5, 2003 APPROVED AS TO CONTENT z4A"" W�k-- 3 0 -v3 Plann n epartment 2 APPROVED AS TO LEGAL SUFFICIENCY Td�n I I � k -'�' & �) 0\� Law bepa&tnyent I AN ORDINANCE TO AMEND THE 2 COMPREHENSIVE PLAN PERTAINING TO THE 3 MASTER TRANSPORTATION PLAN BY THE 4 ADDITION OF A PORTION OF NIMMO 5 (FORMERLY FERRELL) PARKWAY FROM 6 ATWOODTOWN ROAD EAST TO SANDBRIDGE 7 ROAD AND THE REMOVAL OF A PORTION OF 6 SANDBRIDGE ROAD FROM ATWOODTOWN ROAD 9 EAST TO SANDFIDDLER ROAD 10 WHEREAS, the public necessity, convenience, general 11 welfare and good zoning practice so require, 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA 14 That the Comprehersive Plan (the "Plan") of the City of 15 Virginia Beach be, and hereby is amended and reordained by the 16 following amendments 17 To the Map of the Master Transportation Plan 18 1 Add 100DBCS (100 feet wide right-of-way, divided 19 roadway, with a bikeway and controlled -access, 20 scenic roadway) portion of Nimmo Parkway from 21 Atwoodtown Road east to Sandbridge Road 22 2 Remove 70 UBS (70 feet wide right of way undivided 23 scenic roadway, with bikeway alignment) from the 24 plan along Sandbridge Road from Atwoodtown east to 25 Sandfiddler Road 26 COMMENT 27 Nimmo Parkway from Atwoodtown Road east to Sandbridge Road was removed by City 28 Council on May 22, 200I from the Master Transportation Plan This Ordinance will add back this 29 portion of Nimmo Parkway and remove the portion of Sandbridge Road from Atwoodtown Road to 30 Sandfiddler Road 31 32 Adopted by the Council of the City of Virginia Beach, 33 Virginia, on the day of , 2003 CA-8734 ORDIN\NONCODE\mastertransord wpd R-1 January 31, 2003 APPROVED AS TO CONTENT �-1a-05 Piannki4mepartment APPROVED AS TO LEGAL SUFFICIENCY eA" Depa t of Law �3 I A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION A PROPOSED ORDINANCE TO 3 AMEND THE COMPREHENSIVE PLALN PERTAINING 4 TO THE MASTER TRANSPORTATION PLAN BY 5 THE ADOPTION OF AN ALIGNMENT FOR 6 IMPROVEMENTS TO SANDBRIDGE ROAD FROM 7 UPTON DRIVE TO ATWOODTOWN ROAD 8 9 WHEREAS, the public necessity, convenience, general 10 welfare and good zoning practice so require, 11 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA 13 There is hereby referred to the Planning Commission, 14 for -ts consideration and recommendatior, a proposed 15 amendment to the Comprehensive Plan pertaining to the 16 Master Transportation Plan ny the adoption of an alignment 17 for improvements to Sandbridge Road from Upton Drive to 18 Atwoodtown Road A true copy of such proposed amendment is 19 hereto attached 20 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA 22 That the Planning Commission be, and hereby is, 23 directed to transmit to the City Council its recommendation 24 concerning the aforesaid amendment no later than sixty (60) 25 days after the date of adoption of this resolution 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 COMMENT The Resolution refers to the Planning Commission a proposed amendment to adopt an alignment for Sandbndge Road from Upton Drive to Atwoodtown Road on the Master Transportation Plan The Resolution also directs the Planning Commission to transnut to the City Council its recommendation concerning the proposed amendment within 60 days of the date of adoption of the Resolution Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2003 CA8733 Bkwilson/word/mtparesolution doc R-1 March 5, 2003 APPROVED AS TO CONTENT Planning artment APPROVED AS TO LEGAL SUFFICIENCY Law Departm 1 AN ORDINANCE TO AMEND THE 2 COMPREHENSIVE PLAN PERTAINING 3 TO THE MASTER TRANSPORTATION 4 PLAN BY THE ADOPTION OF AN 5 ALIGNMENT FOR IMPROVEMENTS TO 6 SANDBRIDGE ROAD FROM UPTON 7 DRIVE TO ATWOODTOWN ROAD 8 9 WHEREAS, the public necessity, convenience, general 10 welfare and good zoning practice so require, 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 12 CITY OF VIRGINIA BEACH, VIRGINIA 13 That the Comprehensive Plan (the "Plan") of the Ca-ty 14 of Virginia Beach, Virginia be, and hereby is amended and 15 reordairied by the following amendments 16 To the Map of the Master Transportation Plan 17 1 The alignment of Sandbridge Road from Upton Drive to 18 Atwoodtown Road shall be as depicted as Hybrid #1 on 19 the attached map, dated January 7, 2003 and 21 22 23 24 25 26 27 28 29 30 31 32 incorporated herein by reference COMMENT This Ordinance will adopt the alignment of Sandbndge Road from Upton Dnve to Atwoodtown Road as recommended by the Citizen Advisory Committee and shown on the attached map Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2003 CA8734 Ekwilson/word/mtpaordinance doc R-2 March 6, 2003 APPROVED AS TO CONTENT Planning Department APPROVED AS TO LEGAL SUFFICIENCY Law Departmen I A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION A PROPOSED ORDINANCE TO 3 AMEND THE COMPREHENSIVE PLAN PERTAINING 4 TO THE MASTER TRANSPORTATION PLAN BY 5 THE REMOVAL OF A PORTION OF SANDBRIDGE 6 ROAD FROM ATWOODTOWN ROAD EAST TO 7 SANDFIDDLER ROAD AND THE PRESERVATION 8 OF THE NIMMO PHASE VII RIGTIT-OF-WAY 9 10 WHEREAS, the public necessity, convenience, general 11 welfare and good zoning practice so require, 12 BE IT RESOLVED BY THE COUNCIL OF ThE CITY OF VIRGINIA 13 BEACH, VIRGINIA 14 There is hereby referred to the Planning Commission, 15 for its consideration and recommendation, a proposed 16 amendment to the Comprehensive Plan pertaining to the 17 Master Transportation Plan for the removal of a portion of 18 Sandbridge Road from Atwoodtown Road east to Sandfiddler 19 Road and the preservation of the Nimmo Phase VII right-of- 20 way A true copy of such proposed amendment is hereto 21 attached 22 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA 24 That the Planning Commission be, and hereby is, 25 directed to transmit to the City Council its recommendation 26 concerning the aforesaid amendment no later than sixty (60) 27 days after the date of adoption of this resolution 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 COMMENT The Resolution refers to the planning Commission a proposed amendment to remove Sandbridge Road from Atwoodtown Road to Sandfiddler Road from the Master Transportation Plan and to preserve the Nimmo Phase VH right-of-way The Resolution also directs the Planning Commission to transmit to the City Council its recommendation concerning the proposed amendment within 60 days of the date of adoption of the Resolution Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of 2003 CA8733 Bkwilson/ward/mtparesolution doc R-1 March 5, 2003 APPROVED AS TO CONTENT Planning Department APPROVED AS TO LEGAL SUFFICIENCY IV f Law Departme 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN PERTAINING TO THE MASTER TRANSPORTATION PLAN BY THE REMOVAL OF A PORTION OF SANDBRIDGE ROAD FROM ATWOODTOWN ROAD EAST TO SANDFIDDLER ROAD AND THE PRESERVATION OF THE NIMMO PHASE VII RIGHT-OF-WAY WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the Comprehensive Plan (the "Plan") of the City of Virginia Beach, Virginia be, and hereby is amended and reordained by the following amendments To the Map of the Master Transportation Plan 1 Remove 70UBS** (70 feet wide right-of-way, undivided roadway, with a bikeway and scenic roadway) portion of Sandbridge Road from Atwoodtown Road east to Sandfiddler Road BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the right-of-way for Nimmo Phase VII shall be preserved by the City 29 30 31 32 33 34 35 36 37 38 39 COMMENT Nimmo Parkway from Atwoodtown Road east to Sandbndge Road was removed by City Council on May 22, 2001 from the Master Transportation Plan This amendment will also remove the Sandbndge Road expansion from the Master Transportation Plan It will also preserve the right-of-way for Nimmo Phase VII Adopted by the Council Virginia, on the 2003 of the City of Virginia Beach, day of CAS734 Bkwilson/word/mtpaordinance doc R-2 March 6, 2003 APPROVED AS TO CONTENT t' Planning Department APPROVED AS TO LEGAL SUFFICIENCY Law Depar nt