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HomeMy WebLinkAboutOCTOBER 14, 2003 AGENDACIT~ CO~CIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR LOUIS R JONES, Baystde -Dtstrtct 4 HARRY E DIEZ, EL, Kempsvdle -Dtstrtct 2 MARGARET L EURE, Centervtlle -Dtstrtct 1 REBA S McCLANAN. Rose Hall -Dtstrtct 3 RICHARD A MADDOX,, Beach - Dmtrtct 6 JIM REEVE, Prmcess Anne -Dtstrtct 7 PETER W SCHMIDT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L WOOD Lknnhaven -Dtstrtct 5 JAMES K SPORE, Ctty Manager LESLIE L LILLEY, Ctty Attorney RUTH HODGES SMITH, MMC, Ctty Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CIIT HALL BUILDING £ 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAlL Ctycncl~vbgov corn 14 October 2003 I. CONSTITUTIONAL OFFICE BRIEFING - Conference Room - 2:30 PM A DMV CONTRACT LICENSE AGENT John T. Atklnson, Treasurer II. CITY MANAGER'S BRIEFINGS A. Bo COMMUNITY LEGISLATIVE PACKAGE LAW ENFORCEMENT Robert Matthias, Assistant to the City Manager EMERGENCY RESPONSE SYSTEM James K. Spore, C~ty Manager III REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS Ve INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E Obemdorf - Conference Room - 4:30 PM B. ROLL CALL OF CITY COUNCIl, C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00PM A CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Father Ken Wood Holy Spirit Catholic Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS October 7, 2003 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. RESOLUTION/ORDINANCE o Resolution re the City's 2004 COMMUNITY LEGISLATIVE AGENDA to REQUEST Members oft he City's local General Assembly Delegation sponsor and/or support legnslat~on that would carry out the goals and obj ectlves set forth thenn. . Ordinance to AUTHORIZE and DIRECT the City Manager execute a Police Mutual Aid Agreement with the Cities of Chesapeake, Hampton, Newport News, Norfolk, Williamsburg, Portsmouth, Suffolk, Virginia Beach, the Counties of James City and York, and the Town of Smithfield. J PLANNING- NO ACTION . Application of RAYMOND, SR. AND MARILYN I. CAFFEE for a Change of Zomng District Classification from A-12 Apartment Dtstrtct to R-5D Restdenttal Duplex Dtstrtct at 5019 Bonney Road. (DISTRICT 2 - KEMPSVILLE) ! K K. PLANNING Application of CRAB CREEK HOMEOWNERS ASSOCIATION, INC for a Modification of' Conditions on a Conditional Use Permit for a community boat dock (approved by City Council on October 24, 2000) at 2096, 2098, 2092, 2094 Tazewell Road and 3557, 3559, 3561, 3563 Piedmont Circle. (DISTRICT 4- BAYSIDE) Staff Recommendation: DEFER to Oct. 28, 2003 Application of POTOMAC CONFERENCE CORPORATION OF SEVENTH-DAY ADVENTIST for the Modification of a Conditional Use Permit for a church (approved by City Council on October 29, 2002) at Holland Road, south of Shipps Comer Road. (DISTRICT 6- BEACH) Recommendation: APPROVAL o Application of LESLIE LEEDY for a Conditional Use Permit for a museum and art gallery at 2025 Indian River Road. (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL . Application of VIRGINIA BEACH CHRISTIAN LIFE CENTER for a Conditional Use Permit for a church at the northeast intersection of North Great Neck Road and Old Donation Parkway. (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL . Application of JOSEPH G. PIPER for a Change of Zomng D~strict Classificatlonj~om AG-2 Agricultural Dtstrtct to Condtttonal R-10 Restdenttal Dtstrict at 2332 Seaboard Road (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL APPOINTMENTS MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION TIDEWATER REGIONAL GROUP HOME COMMISSION t. M N Agenda 10/9/03/sb m vbgov eom UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT If you axe phys~c~fly d~abl~d or vk~ually smpmr~d and need assistance at this meeting please call the CITY CLERK'S OFFICE at 427.-4303 Heanng ~mpmr~d, call TDD only 427-4305 (TDD - Telcphomc Device for thc Deaf) 14 October 2003 Ie CONSTITUTIONAL OFFICE BRIEFING -Conference Room- Ao DMV CONTRACT LICENSE AGENT John T. Atkinson, Treasurer 2:30 PM II. CITY MANAGER'S BRIEFINGS Ao COMMUNITY LEGISLATIVE PACKAGE LAW ENFORCEMENT Robert Matthias, Assistant to the City Manager Bo EMERGENCY RESPONSE SYSTEM James K. Spore, City Manager III REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSION VI. FORMAL SESSION Council Chamber 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Father Ken Wood Holy Spirit Cathohc Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS October 7, 2003 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The V~rginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of V irg~ma requires a certification by the goveming body that such Closed Session was conducted in confonmty with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virglma Beach C~ty Council hereby certifies that, to the best of each member's knowledge, (a) only pubhc business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed ~n Closed Session to wluch this certification resolution apphes, and, (b) only such public bus~ness matters as were identffied in the motion convemng this Closed Session were heard, d~scussed or considered by Virgania Beach C~ty Council I. RESOLUTION/ORDINANCE Resolution re the C~ty~s 2004 COMMUNITY LEGISLATIVE AGENDA to REQUEST Members of the City's local General Assembly Delegation sponsor and/or support leg~slatlon that would carry out the goals and objectives set forth thenn . Ordinance to AUTHORIZE and DIRECT the C~ty Manager execute a Police Mutual Aid Agreement with the C~t~es of Chesapeake, Hampton, Newport News, Norfolk, W~lhamsburg, Portsmouth, Suffolk, V~rg~ma Beach, the Counties of James City and York, and the Town of Srmthfield. ITEM: CITY OF VIRGINIA BEACH AGENDA ITEM A Resolution Adopting the City's 2004 Community Legislabve Agenda and Requesting Members of the City's Local Delegabon to the General Assembly Sponsor and/or Support Legislation that would Carry Out the Goals and Objectives Set Forth Therein. MEETING DATE: October 14, 2003 · Background: C~ty Council has a tradition of presenbng a Community Legislative Agenda to the General Assembly each year. This Agenda provides the Virgima Beach Delegation with concerns of the C~ty Council on funding, legislation, public safety issues, and other issues that may be brought before the General Assembly. · Considerations: This Agenda was prepared based on input from Councilmembers, Department Directors, and commumty leaders and representatives of vanous cibzen groups. · Public Information: Councilmembers Wilson and Villanueva wIth the help from staff held two public comment sessions in August 2003 w~th community leaders and representabves of various citizen groups to obtain items for ~nclus~on in the 2004 Commumty Legislative Agenda. A pubhc hearing was held on Tuesday, September 23, 2003. The draft Agenda is also avadable on the City's Web s~te for review · Alternatives: Stay with the ex~sting resolubon adopted by City Council on July 11,2000, or modify the resolution to select Alternate 6 brought forward by the Navy. · Recommendations: It is recommended that City Councd approve the attached resolution that adopts the 2004 Community Legislative Agenda and requests the City's local Delegabon to the General Assembly sponsor and/or support legislabon that would carry out the goals and objectives set forth therein. · Attachments: Resolution Recommended Action: Adopbon Submitting Department/Agency: City Manager: ~ ~/_-..~~-~L. A RESOLUTION ADOPTING THE CITY'S 2004 COMMUNITY LEGISLATIVE AGENDA AND REQUESTING THAT MEMBERS OF THE CITY'S LOCAL DELEGATION TO THE GENERAL ASSEMBLY SPONSOR AND/OR SUPPORT LEGISLATION THAT WOULD CARRY OUT THE GOALS AND OBJECTIVES SET FORTH THEREIN WHEREAS, the Cmty Council traditionally adopts a Community Legislative Agenda and requests members of the City's local Delegation to the General Assembly sponsor and/or support legislation therein; and WHEREAS, the City Council has considered a number of goals and objectives for inclusion in the City's 2004 Community Legislative Agenda; and WHEREAS, as in past years, a Safety Addendum Package, no% part of the formal Agenda, is zncluded for consideration by the General Assembly; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the City Council hereby adopts the City's 2004 Community Legislative Agenda, which is attached hereto as Exhibit A and is hereby incorporated by reference. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City's Delegation to the General Assembly hereby requested to sponsor and/or support legislatmon zn the 2004 Session of the General Assembly that would carry out the goals and objectives of the City as set forth in its Community Legislative Agenda. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Clerk is hereby directed to transmit a copy of this resolution to each member of the City's local Delegat!on to the General Assembly. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2003. CA9020 Ordin/Noncode/2004 Leg Package. Res 10/1/03 R-1 APPROVED AS TO CONTENT: C~.l~- ~4'an~' s Office APPROVED AS TO LEGAL S UFFICIENCY'~~/~ ~~// City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing and Directing the City Manager to Execute a Police Mutual Aid Agreement With the Cities of Chesapeake, Hampton, Newport News, Norfolk, Williamsburg, Portsmouth, Suffolk and Virginia Beach and the Counties of James City and York, and the Town of Smithfield MEETING DATE: October 14, 2003 Background: On November 6,1990, the City Council passed Ordinance 90-2013C authorizing the City Manager to execute a Mutual Aid Agreement for police services with Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach and James City. That Agreement has been updated and Williamsburg, York and Smithfield are joining the Agreement. This new Agreement rescinds and supercedes all previous written agreements and oral understandings relating to mutual law enforcement services between the parbes. Considerations: By executing this Agreement, the City ensures its inclusion ~n this multi-jurisdictional Mutual Aid Agreement. Public Information: This item will be advertised in the same manner as other items on Council's agenda. Recommendations: Adopt Ordinance Attachments: Ordinance Mutual Aid Agreement Summary of Terms Recommended Action: Approval Submitting Department/Agency: Police Department ~itDYalaM an~ATY~~er~~~~c~'~n\NON~ODE\Mutual A~dAimt~aff wpd~~ 10 11 12 13 14 15 16 17 18 19 20 21 22 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A POLICE MUTUAL AID AGREEMENT WITH THE CITIES OF CHESAPEAKE, HAMPTON, NEWPORT NEWS, NORFOLK, WILLIAMSBURG, PORTSMOUTH, SUFFOLK AND VIRGINIA BEACH AND THE COUNTIES OF JAMES CITY AND YORK, AND THE TOWN OF SMITHFIELD WHEREAS, Virginia law authorizes local governments to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of police services; and WHEREAS, it is deemed mutually beneficial to the Cities of Chesapeake, Hampton, Newport News, Norfolk, Williamsburg, Portsmouth, Suffolk and Virginia Beach and the Counties of James City and York, and the Town of Smithfield to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement, increasing the ability of the local governments to promote the safety and welfare of the entire area; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the accompanying Police Mutual Aid Agreement is approved and that the City Manager be directed to execute said Agreement on behalf of the City of Virginia Beach. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2003. CA-8970 ORDIN\NONCODE \MutualAidAgmt ord. wpd R-1 - September 23, 2003 Pol~ Departme/ APPROVED AS TO LEGAL SUFFICIENCY Cit~~orn~~ffice ~ Law Enforcement Mutual Aid Agreement THIS AGREEMENT, made this lS~ day of July, 2003, by and among the Cities of CHESAPEAKE, HAMPTON, NEWPORT NEWS, NORFOLK, WILLIAMSBURG, PORTSMOUTH, SUFFOLK and VIRGINIA BEACH, each a municipal corporation of the Commonwealth of Virginia; the County of JAMES CITY; the Sheriff of the County of YORK; and the Town of SMITHFIELD. WHEREAS, Virginia law authorizes local governments and Sheriffs in counties where no police department has been established, to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of law enforcement services; and WHEREAS, the ten local governments and the Sheriff of York County have determined that the provision of law enforcement aid across jurisdictional lines will increase their ability to preserve the safety and welfare of the entire area; and WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement; and WHEREAS, the parties desire that the terms and conditions of this Law Enforcement Mutual Aid Agreement be established; NOW, THEREFORE, in consideration of the mutual benefits to be derived from a Law Enforcement Mutual Aid Agreement, the parties hereto covenant and agree as follows: Each party will endeavor to provide law enforcement support to the other parties to this Agreement within the capabilities available at the time the request for such support is made and within the terms of this Agreement. 2. Requests for assistance pursuant to the terms and conditions of this Agreement shall be made by the requesting jurisdiction's Chief of Police or Sheriff, whichever is applicable, or their respective designee. 3. The requesting party shall be responsible for designating a radio communications system for use by the requested party. 4. The personnel of the requested party shall render such assistance under the direction of the Chief of Police, Sheriff, or their respective designee of the requesting party. 5. Law enforcement support provided pursuant to this Agreement shall include, but not be limited to, the following resources: uniformed officers, canine officers, aerial support when maintained, forensic support, plainclothes officers, special operations personnel and related equipment. All law enforcement officers and personnel shall be duly trained and currently certified for the position provided. 6. Subject to the terms of this Agreement, and without limiting in any way the other circumstances or conditions in which mutual aid may be requested and provided under this Agreement, the parties hereto agree to provide assistance to the requesting party in situations requiring the mass processing of arrestees and transportation of arrestees. The parties to the Agreement further agree to assist the requesting party with security and operation of temporary detention facilities. 7. Nothing contained in this Agreement should in any manner be construed to compel any of the parties hereto to respond to a request for law enforcement support when the personnel of the party to whom the request is made are, in the opinion of the requested party, needed or are being used within the boundaries of that party, nor shall any request compel the requested party to continue to provide law enforcement support to another party when its personnel or equipment, in the opinion of the requested party, are needed for other duties within the boundaries of its own jurisdiction. 8. In those situations not involving the provision of mutual aid upon request, law enforcement officers and personnel, and other employees of any city, county, or Sheriff hereunder, may also enter any other jurisdiction in furtherance of law enforcement purposes, concerning any offense in which the entering law enforcement agency may have a valid interest; provided, that the entering personnel shall, as soon as practical, make such presence known to the Chief of Police or Sheriff of the entered jurisdiction, or his designated representative. 9. The responsibility for investigation and subsequent actions concerning any criminal offense shall remain with the law enforcement agency of the locality whose court has original jurisdiction over the offense. Entering law enforcement personnel shall promptly notify the law enforcement agency of the entered locality upon discovery of a crime over which the court of the entered locality has original jurisdiction. 10. Officers acting pursuant to this Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the other duties of a law enforcement officer; such authority shall be in conformance with Virginia Code Sections 15.2-1724; 15.2-1726; 15.2- 1730; 15.2-1730.1; and 15.2-1736, as may be applicable; however, law enforcement officers of any party who might be casually present in any other jurisdiction shall have power to apprehend and make arrests only in such instances wherein an apparent, immediate threat to public safety precludes the option of deferring action to the local law enforcement agency. 11. All law enforcement officers, agents, and other employees of the parties to this Agreement who are acting pursuant to this Agreement shall have the same powers, rights, benefits, privileges, and immunities in each other's jurisdiction, including the authority to make arrests in each other's jurisdiction. 12. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the parties within their boundaries shall extend to their participation in rendering assistance outside their boundaries. It is understood that for the purposes of this Agreement, the responding party is rendering aid once it has entered the jurisdictional boundaries of the party receiving assistance. 13. All pension, relief, disability, worker's compensation, life and health insurance, and other benefits enjoyed by said law enforcement officers or personnel as employees of their respective jurisdiction shall extend to the services they perform under this Agreement outside their respective jurisdictions. Each party agrees that provisions of these benefits shall remain the responsibility of the employing party. 14. Each party agrees that, in activities involving the rendering of assistance to another party pursuant to this Agreement, each party shall waive any and all claims against all other parties thereto which may arise out of their activities outside their respective jurisdictions. It is expressly understood that the provisions of this paragraph shall not apply to entry of law enforcement officers or other personnel into another jurisdiction pursuant to Paragraph 8 of this Agreement. 15. The parties shall not be liable to each other for reimbursement for injuries to law enforcement officers or personnel, or damage to equipment incurred when going to or returning from another jurisdiction, except to the extent that reimbursement for such expenses may be or is received from the Federal Emergency Management Agency (FEMA) or other governmental agency. Neither shall the parties be liable to each other for any other costs associated with, or arising out of, the rendering of assistance pursuant to this Agreement, except to the extent that reimbursement for such expenses may be or is received from FEMA or other governmental agency. 16. This Agreement rescinds and supersedes all previous written agreements and oral understandings relating to the provision of mutual law enforcement services between the parties. 17. Any of the parties hereto may withdraw from this Agreement by giving thirty (30) days written notice to that effect to the other parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective city manager(s) and county administrator(s), or Sheriff(s), the official seal of each city and county affixed hereto and attested by their respective city and county clerks, and indicating thereafter the ordinance or resolution authorizing the execution. Sheriffs may attest by Notary Public. CITY OF VIRGINIA BEACH ATTEST: BY: City Manager City Clerk Resolution/Ordinance #: Adopted On: SUMMARY OF TERMS o Event - An incident requiring a law enforcement response that exceeds the equipment and/or personal resources of the City's Police Department. . Mutual Aid Agreement - An agreement between eleven localities to provide emergency services in the event an ~ncident occurs that requires resources beyond those of the requesting locality's law enforcement. The Agreement also prowdes arrest authority to officers responding to the requesting jurisdictions locality, and allows arrest authority for officers present in another's jurisdiction in the event of an ~mmediate threat to public safety. e Nature - Outlines the procedures for the City of V~rgima Beach to provide and receive law enforcement manpower and eqmpment, ff available, in an effort to effectively respond to emergency incidents. ° Term- This Agreement is effective July 1, 2003, and maybe terminated without cause upon thirty (30) days written notice by either party. This Agreement mirrors and rescinds the 1990 Mutual Aid Agreement. o Insurance - Insurance requirements are met through the City of Virginia Beach's self insurance program administered by Risk Management. F XDataXATYSOrd~n~ONCODE~utualA~dAgmtSumTerm wpd J. PLANNING - NO ACTION Apphcation of RAYMOND, SR. AND MARILYN I. CAFFEE for a Change of Zoning District Classification from A-12 Apartment D~strict to R-5D Restdential Duplex Dtstrtct at 5019 Bonney Road. (DISTRICT 2- KEMPSVILLE) Ko PLANNING Application of CRAB CREEK HOMEOWNERS ASSOCIATION, INC. for a Modification of Conditions on a Conditional Use Permit for a community boat dock (approved by City Council on October 24, 2000) at 2096, 2098, 2092, 2094 Tazewell Road and 3557, 3559, 3561, 3563 Piedmont Circle. (DISTRICT 4- BAYSIDE) ° Application of POTOMAC CONFERENCE CORPORATION OF SEVENTH- DAY ADVENTIST for the Modification of a Conditional Use Pern~t for a church (approved by City Council on October 29, 2002) at Holland Road, south of Shipps Comer Road (DISTRICT 6 - BEACH) o Application of LESLIE LEEDY for a Conditional Use Permit for a museum and art gallery at 2025 Indian Raver Road. (DISTRICT 7 - PRINCESS ANNE) Apphcatlon of VIRGINIA BEACH CHRISTIAN LIFE CENTER for a Conditional Use Permit for a church at the northeast intersection of North Great Neck Road and Old Donation Parkway. (DISTRICT 5 - LYNNHAVEN) o Apphcatlon of JOSEPH G. PIPER for a Change of Zoning District Classification from AG-2 Agrtcultural Dtstrtct to Con&ttonal R-10 Restdential Dtstrict at 2332 Seaboard Road. (DISTRICT 7 - PRINCESS ANNE) THE BEACON SUNDAY, SEPTEMBER 28, 2003 NOTICE OF PUBLIC HEARING VirgJma Beach City Council will meet in the Chamber at Crty Hall. Municipal Center, 2401 Courthouse Drive, Tuesday, October :1.4, 2003, at 6:00 p.m. The following applications will be heard: DISTRICT 7- PRINCESS ANNE 1 Leshe Leedy Apphcat~on Conditional Use Permit for a museum anc art gallery at 2025 Ina~an R~ver Road 2 Joseph G P~per Apphcatlon ChanAe of Zomng D~str~ct Classlflca*.~on from AG-2 Agnculturai D~stnct to Conditional R-lO Residential D{stnc[ at 2332 Seaboard Road The Comprehensive Plan recommends use of [h~s s~te for residentIal uses al: or below 3 5 dwelling un'ts per acre DISTRICT 4- BAYSIDE 3 Crab Creek Homeowners Association, Inc Apphcatlo,~ Mod~flcat~o,' of Copd~t~ons or~ a Conditional Use Permit for a commumty ~oat dock approved by C~ty Councd on October 24, 2000 at 2096, 2098, 2092, 2094 Tazewell Road and 3557, 3559, 3561, 3563 P~edmont C~rcle DISTRICT 2 - KEMPSVILLE 4 Raymond, Sr and Mardyn F Caffee Apphcat~on Change of Zoning D~s- tnct Classification from A-12 Apartment to R-5D Res~dent~a! Duplex at 5019 Bonney Road The Comprehensive Plan recommends use of th~s s~e for residential uses above 3 5 dwelhng umts per acre DISTRICT 6 - BEACH 5 Potomac Conference Corporation of Seventh-Day Adventist Apphcat~on Modification of a Conditional Use Permrt for a church approved by City Councd on October 29, 2002 on the east s~de of Holland Road, approximately 540 feet south of Sh~pps Comer Road DISTRICT 5- LYNNHAVEN 6 V~rgm~a Beach Christian L~fe Center Apphcat, on Conditional Use Per- m~__Lt for a church at the northeast intersection of North Great Neck Road and Old Donat~op Parkway All interested part~es are mwted to attend ..r Ruth Hodges Smith, MMC Cl~y Clerk BEACON SEPTEMBER 28 and OCTOBER 5 2003 10685620 -47- Item V-ff. 4. PLANNING ITEM # 51725 Upon motton by Vtce Mayor .]ones, seconded by Councdman Reeve, Ctty Councd ADOPTED an Ordtnance upon apphcatton of RAYMOND, SR. and MARILYN L CAFFEE for a Change of Zontmz Dtstrtct Classification ORDINANCE UPON APPLICATION OF RAYMOND, SR. AND MARIL YN L CAFFEE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROMA-]2 to R-5D Z09031161 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Raymond Caffee, Sr and Mardyn I Caffee Apphcatton Change ofZontnl~ Dtstrtct Classtficatton from A- 12 Apartment to R-5D Restdenttal Duplex on property located at 5019 Bonney Road (GPIN 14679077510000) The Comprehensive Plan recommends use of thts site for restdenttal uses above 3 5 dwelhng untts per acre DISTRICT 2 - KEMPSVILLE Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 60 of the Zomng Ordtnance Adopted by the Councd of the City of Vtrgtnta Beach, Vtrgmta, on the Twenty-thtrd of September, Two Thousand Three Vottng 11-0 Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Ytce Mayor Louts R .]ones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf .]tm Reeve, Peter W Schmtdt, Ron A Vdlanueva. Rosemary Wilson and .]ames L Wood Councd Members Voting Nay None Councd Members Absent None September 23, 2003 CITY OF VIRGINIA BEACH AGENDA ITEM I ! I ITEM' Raymond and Marilyn Caffee - Change of Zoning District Classification MEETING DATE: October 14, 2003 · Background: An Ordinance upon Application of Raymond, Sr and Manlyn I Caffee for a Change of Zoninq D~strict Classification from A-12 Apartment D~stnct to R-5D Residential Duplex District on property located at 5019 Bonney Road (GPIN 14679077510000) The Comprehensive Plan recommends use of th~s s~te for resldenbal uses above 3 5 dwelling units per acre DISTRICT 2- KEMPSVILLE Considerations' This item was inadvertently advertised for the October 14 C~ty Councd meeting The C~ty Council has already acted on this ~tem, granting the request on September 23 Recommendations' No action is necessary Recommended Action: No action ~s necessary Submitting Department/Agency: Planning Department~J~o.~. City Manager: ~~.,~¢.~ )~.. ~~,~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Crab Creek Homeowners Association, Inc. - Modification of Conditions (community boat dock) MEETING DATE: October 14, 2003 · Background: An Ordinance upon Apphcation of Crab Creek Homeowners Association, Inc for a Modification of Condlbons on a Conditional Use Permit for a community boat dock approved by City Councd on October 24, 2000. Property ~s located at 2096, 2098, 2092, 2094 Tazewell Road and 3557, 3559, 3561, 3563 P~edmont C~rcle (GPINS 14895855172096, -2098, 14895855412092, -2094, 14895865033557; - 3559, 14895864593561, -3563) DISTRICT 4 - BAYSIDE The purpose of th~s request ~s to modify the cond~bon regarding the length of a boat. The ex~stmg conditions I~m~t the s~ze of any boat at thIs p~er to 26 feet The apphcant requests to increase th~s hm~t to 35 feet Considerations: City Council approved a Conditional Use Permit for a Community Boat Dock on th~s s~te on October 24, 2000. An encroachment agreement was authorized by City Council as well for the dock to be placed w~thin the exisbng C~ty right-of-way, Lynnhaven Promenade, which ~s primarily under water The developer of the property stated ~n the appl~cabon for that Cond~bonal Use Permit that no vessels would be larger than 26 feet in length Th~s was made a condition of the Use Permit Condition 5 hm~ts the s~ze of the boats and ~s requested for modification because the applicant would I~ke to dock larger boats at th~s community p~er Recommendations: This request is tied to an Encroachment Request that also requires action by the City Council (the pier encroaches into Lynnhaven Promenade, a public right-of-way). The Department of Public Works reports that the Encroachment Request requires additional legal work, and requests that this matter be deferred until the legal work is completed, which is anticipated to be in time for the October 28 City Council meeting. Crab Creek Homeowners Assoc~abon Page 2 of 2 · Attachments' Locat,on Map Recommended Action' Staff recommends deferral of th~s request to the October 28 meebng Submitting Department/Agenqy: Plann,ng Department~a City Manager~ Map H-lO ~p No~ ~o Scale Potomac Conference Corp. Seventh-da~ Adventist I-1 I-1 I-1 Crpzn 1495-16-6099 ZONING HISTORY 1 1-22-99 - CONDITIONAL USE PERMIT (outdoor recreabon - golf driving range, m~nl-golf & batting cages) Granted CONDITIONAL USE PERMIT (driving range) Granted 2-25-92 2. 7-3-01 - REZONING (R-5D Res~denbal to conditional I-1 bght Industrial) Granted 10-27-98 -MODIFICATION OF CONDITIONS Denied 9-22-98 - CONDITIONAL USE PERMIT (processing & storage of woody vegetabon) Granted 9-22-98 - REZONING (R-5D Res~denbal to condibonal I-1 Industrial) Granted 3 5-9-00 - REZONING (R-5D Res~denbal to condlbonal I-1 Industrial) Granted 4. 10-9-01 -MODIFICATION OF CONDITIONS Granted 9-14-99 - REZONING (R-5D Res~denbal to cond~bonal I-1 Industrial) Granted 5. 4-9-02 -CONDITIONAL USE PERMIT (communication tower) Granted 6. 6-25-84 - REZONING (R-6 Residenbal to I-1 Industrial) Granted 10-11-77 - SUBDIVISION VARIANCE Granted 12-16-74 - REZONING (AG-1 Agricultural to R-6 Res~denbal) Granted 7. 6-19-78 - REZONING (AG-1 Agricultural to R-8 Residential) Granted 8. 3-20-78 -CONDITIONAL USE PERMIT (board horses) Granted CITY OF VIRGINIA BEACH AGENDA ITEM I I I I II ITEM: Potomac Conference Corporation of Seventh-Day Adventist (Modification of a Conditional Use Permit for a church) MEETING DATE: October 14, 2003 · Background: An Ordinance upon Apphcat~on of Potomac Conference Corporabon of Seventh- Day Advenbst for the Modification of a Cond~bonal Use Permit for a church approved by C~ty Councd on October 29, 2002 on property located on the east sIde of Holland Road, approximately 540 feet south of Sh~pps Corner Road (GPIN 1495166099). DISTRICT 6- BEACH The applicant ~s requesting to modify the church's s~te plan and architectural elevations approved w~th the prewous Conditional Use Permit October 29, 2002 Considerations: The subject property was approved for a Cond~bonal Use Permit for a church October 29, 2002 The building ~s now proposed for construction ~n one phase rather than two phases The overall s~ze of the budding remains the same at 9,600 square feet; parking has been sh~fted to be more evenly d~stnbuted around the building rather than just on the north s~de, the vehicular entrance has been shifted slightly to the south, the stormwater management facihbes have been relocated accordingly, and finally, the building elevabons have been re-designed to a more tradihonal church style w~th a steeple, large, arched w~ndows, and more architectural detail. The proposed use for the property has not changed The proposed church includes a 210-seat sanctuary, youth/social hall, classrooms, offices, and parking lot The Planning Commission placed th~s ~tem on the consent agenda because the use remains the same as that approved in 2002, the proposed plan ~ncorporates more architectural detads, staff recommended approval, and there was no opposition to the request Recommendations: The Planning Commission passed a mobon by a recorded vote of 10-0 to approve th~s request w~th the following conditions Potomac Conference Page 2 of 2 I o The site shall be developed as depicted on the s~te plan enbtled, "Conceptual S~te Plan on Property Owned by Potomac Conference Corporation Seventh-Day Advenbst Church," dated June 23, 2003 by Courtney & Associates, P C The plan may be rewsed to meet requirements determined dunng the detailed plan rewew process The building shall be constructed as depicted on the elevations enhtled, "Seventh Day Adventist, Holland Road, Virginia Beach" dated 6/30/03 by Monbnola . Street frontage and ~ntenor parking lot !andscap~ng shall be ~nstalled and maintained as depicted on the landscape plan by Ga~l Dickinson submitted w~th the original 2002 Conditional Use Permit application and on file w~th the Planning Department. However, the landscape plan shall be modified to match the s~te plan referenced ~n Condition 1 above Further, additional foundation landscaping shall be provided along the full length of the northern and southern ends of the building w~th the exception of entrance areas The landscape plan may be rewsed to meet requirements determined during the detailed plan rewew process 4 The freestanding s~gn shall be monument style no more than e~ght feet ,n height w~th a brick base matching the brick on the bu,ld~ng Attachments: Staff Rewew D~sclosure Statement Planning Commission M~nutes Location Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department~.~--. City Manage~\/~-, ~-(~UY~_ SEVENTH-DAY ADVENTIST / # 6 September 10, 2003 General Information: APPLICATION NUMBER: REQUEST: ADDRESS' H10- 210 - MOD - 2003 Modiflcabon of Conditional Use Permit for a church approved October 29, 2002 East s~de of Holland Road, 540 feet south of Shipps Corner Road Map H-10 Map No-. to r Potomac Conference Corp. Adventist . ,,~ I-1 I-1 Gpm 1495-16-6099 GPIN: ELECTION DISTRICT: 14951660990000 7 - PRINCESS ANNE Planning Commission Agenda September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page I SITE SIZE: 3 41 acres STAFF PLANNER: PURPOSE: Ashby Moss The applicant ~s requesbng to modify the church's site plan and architectural elevations approved w~th the prewous Conditional Use Permit October 29, 2002. The building is now proposed for construction in one phase rather than two phases. The overall s~ze of the building remains the same at 9,600 square feet; parking has been sh~fted to be more evenly d~stnbuted around the budding rather than just on the north s~de; the vehicular entrance has been sh~fted slightly to the south; the stormwater management facihbes have been relocated accordingly; and finally, the budding elevabons have been re-designed to a more trad~bonal church style w~th a steeple, large, arched w~ndows, and more architectural detail Major Issues: · features on the s~te. · Improved architectural design for the building. Land Use, Zoning, and Site S~te and landscape design sens~bve to the ex~sbng natural and constructed Characteristics: Existinq Land Use and Zoninq The property ~s vacant and part~ally wooded. The horse farm east of the property owns and ublizes an Planning Commission Agenda September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page 2 ~ngress/egress easement on the north s~de of the property from Holland Road. The property is zoned AG-2 Agricultural District. Most of the surrounding property ~s encumbered by restrictive easements purchased by the Navy. The subject property, however, ~s not encumbered by th~s type of restncbon. Surroundinq Land Use and Zoning North: South: East: West: · Garden center and plant nursery / AG-2 Agricultural D~stnct · Vacant property, partially wooded / I-1 L~ght Industrial D~stnct · Horse farm and s~ngle family dwelhng / R-7.5 Residential D~stnct · Across Holland Road, office warehouse complexes, one under construcbon / conditional I- I L~ght Industrial D~stnct · Vacant property / R-5D Residential D~stnct · Golf driwng range, m~n~-golf, and batbng cages / R-5D Residenbal D~strict Zoninq History The subject property was approved for a Conditional Use Permit for a church October 29, 2002. The property ~mmed~ately east of the subject property was approved for horse boarding in 1978. In 1979, a use permit for a garden shop and plant nursery was approved on the property just north of the subject s~te. The horse farm and garden center stdl ex~st on these properbes today. The property south and east of the subject s~te was rezoned from agricultural to s~ngle family residential ~n 1974 and 1978. The property was later rezoned to hght ~ndustnal ~n 1984 Air Installation Compatible Use Zone (AICUZ) The s~te ~s ~n an AICUZ of 70 to 75dB Ldn surrounding NAS Oceana. As a result, the building wdl be required to have sound attenuation as required for th~s no~se zone. Natural Resource and Physical Characteristics Much of th~s property ~s heawly wooded, particularly the southern end. A large drainage ditch runs north to south across the eastern end of the property. A 15-foot private drainage easement ~s proposed over this d~tch Two other smaller ditches run west to east on e~ther end of the property. Planning Commission Agenda September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page 3 Public Facilities and Services Water and Sewer Water: Sewer: There ~s a 16-~nch water I~ne in Holland Road fronting the property. The proposed site must connect to C~ty water. There ~s a 16-inch sanitary sewer force main in Holland Road fronting the property. There ~s no gravity sewer fronbng the site. Th~s site may use a private gnnder pump and force ma~n to connect to the C~ty force ma~n. Transportation Master Transportation Plan (MTP) I Capital Improvement Program (CIP): Holland Road in the v~cin~ty of th~s apphcabon ~s a four lane dw~ded major urban artenal. The MTP designates th~s roadway as a 100-foot nght-of-way w~th d~wded travel lanes. The FY 2002-2003 CIP includes a project (Holland Road Phase VII, CIP 2-008) to ~mprove th~s roadway to a s~x-lane divided facility. Currently, plans for the roadway call for a 147-foot right-of-way. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Ex~sbng Land Use z_ 10 ADT Holland Road 29,000 ADT ~ 31,700 ADT ~ Proposed Land Use 3_ Level of Service E 44 ADT weekday 176 ADT Sunday Average Dady Trips 2 as defined by one smgle-famdy dwelhng as defined by 4,800 square foot church Public Safety Police: In an effort to reduce the opportunity for crime, the applicant should review and ~ncorporate safety by design concepts and strategies contained ~n the "Cnme Prevenbon Through Environmental Design - General Guidehnes for Designing Safer Commun~bes" booklet A copy of th~s booklet ~s available Planning Commission Agenda September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page 4 Fire and Rescue: from e~ther the Police Department's Crime Prevenbon Unit or the Planning Department A Certificate of Occupancy and Fire Code Permits are required prior to occupancy. I~ Comprehensive Plan The Comprehensive Plan recommends a variety of employment uses including business parks, offices, appropriately located ~ndustnal and employment support uses. Summary of Proposal Proposal The proposed use for the property has not changed. The proposed church ~ncludes a 210-seat sanctuary, youth/social hall, classrooms, offices, and parking lot. S~nce the prewous Cond~bonal Use Permit for this s~te was approved, the apphcant has made s~gn~flcant changes to the s~te and building designs. The changes ~nclude constructing the budding ~n one phase rather than two phases, relocabng the parking around the building rather than just on the north s~de, shifting the vehicular entrance slightly to the south, relocating and enlarging the stormwater management facd~ties, and major changes to the building design. Site Design The s~te plan shows a 9,600 square foot rectangular building located ~n the center of the lot. Originally, a total of 83 parking spaces, divided ~nto phases, was shown on the northern side of the property. The proposed plan now shows a total of 82 parking spaces d~stnbuted around the north, south, and east s~des of the building The majority of the parking is still on the north s~de, and no parking ~s shown in front of the budding. Planning Commission Agenda September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page 5 The prewous plan showed a 185-foot w~de area on the southern port~on of the lot ~n which mature trees would be preserved. The proposed plan now shows less of th~s area to be preserved s~nce parking has been relocated to the south s~de of the building and a stormwater management facility has been located w~th~n the area. The area ~s now approximately 140-feet w~de and is only on the western half. A stormwater management area ~s shown on the eastern half of this area The plan sbll shows a 28.5-foot reservabon area along the frontage of Holland Road. This corresponds w~th Public Works' plans to w~den Holland Road to 147 feet Vehicular and Pedestrian Access The one proposed vehicular access has been sh~fted approximately 60 feet to the south on Holland Road. Th~s places the entrance at the approximate midpoint of the budding. Another access point already ex,sts at the northern end of the property. Th~s partially paved and gravel drive serves the horse farm located east of the subject property An ~ngress/egress easement exists over this driveway. The horse farm also has another vehicular access point off of W~nd Wdlow Court, a dead end road off of Dam Neck Road. Sidewalks already ex~st along the frontage of Holland Road. The plans for ~mprowng Holland Road may ~nclude an e~ght-foot mulb-purpose path ~n place of the s~dewalk. Architectural Desiqn The previously approved architectural design was a standard A-frame design with a porbco on the southern s~de. Building matenals ~ncluded red br, ck veneer on all four sides, a synthebc stucco material ~ns~de the gable on the east and west s~des, and a green stand~ng seam metal roof. Some architectural detads ~ncluded a senes of w~ndows along the east and west s~des, a decorabve brick pattern below each of the w~ndows, brick sold~enng at the foundabon and along the roofl~ne, and a stained glass arched w~ndow on the north s,de facing the parking lot A port~co on the southern s~de Planning Commission Agenda September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page 6 covered the entrance w~th a smaller scale matching gable roof supported by columns. Note that the previous architectural design only included Phase I of the buildIng, which was the northern half. Now that the budding ~s proposed for just one phase, the new elevations depict the entire bu~ld~ng. The new elevations show a h~pped roof design w~th a port~co on the western s~de for the ma~n entrance. A steeple ~s shown over the gabled port~co. Covered entrances are also shown on the north and south s~des of the buildings, but the roof above them ~s h~pped rather than gabled Windows are shown along the front and part of the rear extending above the roofhne to create dormers. The tnangular arched w~ndows match the pattern on the gabled port~co. Materials for the roof are earth tone architectural asphalt shingles, white brick veneer for the siding, and glass for the front of the port~co. The dumpster enclosure, which was not shown previously, ~s located at the southeast corner of the developed area. The enclosure will be constructed of a wall made of the same material as the build~ng facade. Landscape and Open Space Desi.qn The previously conditioned landscape plan is still a part of the new application, but the plan will need to be modified to match the new site design. For the most part, however, landscaping will not change from what was previously approved. The landscape plan depicts a meandenng 10 to 15 foot w~de street frontage landscape bed that extends the full length of the property. (Street frontage landscaping is only required to be 10 feet w~de and located only ~n front of the parking areas). The bed ~s located w~th~n the proposed reservation area for Holland Road This ~s acceptable as there is adequate room between the multi-purpose path and the edge of right-of-way ~n the standard street cross- section preliminarily proposed by Public Works for the Holland Road improvements. Interior parking lot landscaping ~ncludes trees and shrubs. (Shrubs are not required within these landscape beds). Some of the interior beds have been grouped together in the center of the parking lot to m~n~m~ze the amount of Planning Commission Agenda September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page 7 pavement within a sanitary force ma~n easement that runs across the property. Foundabon landscaping ~s shown along the west s~de of the building only. Although this is above requirements (only 50 percent of the side of the building facing the right-of-way/s required to be landscaped), additional foundation landscaping ~s warranted on the north and south s~des of the budding Foundation landscaping in these areas will dramabcally ~mprove the appearance of the building from Holland Road. The tree preservation area has been decreased from an area approximately 185-feet wide along the entire southern s~de to a 140-foot wide area just on the western half of th~s area. Evaluation of Request The apphcant's request to modify the previously approved site plan and architectural elevabons ~s acceptable. By redistribubng the parking and increasing the s~ze of the stormwater management areas, much of the "preserved" area on the site has been removed. However, the eastern s~de w~ll remain as previously approved prowdmg buffenng and screening for the ne~ghbonng home farm. Further, the non-developed area shown on the new s~te plan ~s sbll much h~gher than that found on most developments Parking is now more evenly d~stributed around the building Although this somewhat takes away from the southern wew of the budding, the new parking layout does fac~htate access to the building. Most ~mportantly, the wew of the front of the building ~s unobstructed by parking The new proposed architectural elevations include much more detail and represent a more trad~bonal style church than the prewous elevabons. Landscaping will still be provided well above requirements. Therefore, th~s apphcat~on ~s recommended for approval The cond~bons, w~th the requested mod~flcabons shown by stnkethrough and underline, are hsted below. Conditions MODIFIED 1. The site shall be developed as depicted on the site plan entitled, "Conceptual S~te Plan on Property Owned by Potomac Conference Corporation Seventh-Day Advenbst Church," dated June 5, 2002 23, 2003 by Courtney & Associates, P.C The plan may be revised to meet requirements determined dunng the detailed Planning Commission Agenda September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page 8 MODIFIED 2. MODIFIED 3. plan review process. The building shall be constructed as depicted on the elevations enbtled, "Seventh Day Adventist, Holland Road, .Vir,qima Beach" dated 6/30/03 by Montinola. "D.,.,-,~,o~,,~ ~, .... *'""° ~'""'""'~ ~"'~"~' Chu-ch ''~ ~..,,.~.,,~,_r~..,, ^.~,,,.,.,,o, ,, Street frontaqe and tntenor park~n,q lot IL-andscap~ng shall be installed and maintained as depicted on the landscape plan by Gad D~ck~nson submitted w~th the original 2002 Condibonal Use Permit appl~cabon and on file w~th the Planning Department. However, the landscape plan shall be modified to match the s~te plan referenced ~n Cond~bon 1 above Further, additional foundabon landscaping shall be provided along the full length of the northern and southern ends of the budding w~th the excepbon of entrance areas. The landscape plan may be revised to meet requirements determined dunng the detailed plan rewew process. 4. The freestanding s~gn shall be monument style no more than eight feet in height w~th a brick base matching the brick on the budding. NO TE: Further conditions may be r~quired 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 September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page 9 ,h IPLAN APPROVED IN 2002 Planning Commission Agenda September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page 10 Planning Commission Agenda September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page 11 REVISED PLAN ORIGINAL / APPROVED PLAN: NORTH ELEVATION ORIGINAL / APPROVED PLAN: SOUTH ELEVATION Planning Commission Agenda September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page 12 Il' ii- ORIGINAL / APPROVED PLAN EAST ELEVATION E: L ORIGINAL / APPROVED PLAN. WEST ELEVATION ? I-- Planning Commission Agenda September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page 13 t ~,,~-,~! '1"' REVISED ELEVATION (EAST) Planning Commission Agenda~,__~_.~ September 10, 2003 SEVENTH-DAY ADVENTIST / ~ 6 ~a~e ~4 IREVISED ELEVATION (WEST) Planning Commission 4gonda September 10, 2003 SEVENTH-DAY ADVENTIST / ¢ 6 Page 15 Planning Commission Agenda September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page 16 Planning Commission Agenda September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page 17 Planning Commission Agenda September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page 18 DISCLOSURE STATEMENT i iii ii ii iiii i i iiiii i i i iii Applicant's Name Potomac Conference Cor~oration of Seventh-day Adventists List All Current Property Owners Potomac Conference Corporabon of Seveqth-day Adventists APPLICANT DISCLOSURE If the applicant ~s a CORPORATION, hst all officers of the Corporation below (Attach list if necessary) Jim Jensen, Corporahon Treasurer Darryl Hevener Assistant Treasurer Thomas Knolls. Legal Officer Kurt Allen. Assistant Legal Offmer, Abbey Reyes, Pastor if the apphcan; ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION hst all members or partners m the organization below (A,ffach hst ¢f necessa~) Check here if the appimant ~s NOT a corporahon partnership, firm or other un:qcorporated organization ff the applicant Js not the current owner of the property, complete the Property Owner D~sclosure section below: PROPERTY OWNER DISCLOSURE If the pro~)erty owner is a CORPORATION, hst all officers of the Corporation below- (Attach hst ~f necessary) tf the property owner ~s a PARTNERSHIP, FIRM. or other UNINCORPORATED ORGANIZATION list all members or partners m the organ~zat,'on below (A~acn bst rf necessa,3/). [] Check here :f the property o~vner ,s NOT a corporation, partnership, firm or other umncorporated orgamzatton ~ that the information contained herein is true and accur:~.. ~ ,_ D'"¢' : ,~,,///,///~' Abbey Re,yes, Pastor iii _ i i i IfilU _l ~ ...... ~ !. .I.III I .I. I I.I I 1111 , Modification of Co,qdibons Apphcabon i Planning Commission Agenda September 10, 2003 SEVENTH-DAY ADVENTIST / # 6 Page 19 Item #6 Potomac Conference Corporation of the Seventh-day Adventist Modification of a Conditional Use Permit East side of Holland Road District 6 Beach September 10, 2003 CONSENT Dorothy Wood: The next item is the Potomac Conference Corporation of the Seventh- Day Adventist Church. It's an application for the Seventh-day Adventist Church for the Modification of Conditional Use Permit for church This was approved by City Council on October 29, 2002 on property located on Holland Road and it has four conditions. Sir, have you read the conditions and agree with them? Terry Carmen: Yes ma'am, I have. Dorothy Wood: Would you please identify yourself sir? Terry Carmen: Yes. I'm Terry Carmen a spokesman for the Virginia Beach Seventh-day Adventist Church and I have read and accepted the conditions. I have with me the pastor, the architect and builder and a building committee representative here if they would stand. Dorothy Wood: Thank you very much for coming We appreciate the work you've done on your plans. Terry Carmen' Thank you. We appreciate what the staff has done for us Dorothy Wood: Thank you sir. Is there any objection to the Potomac Conference Corporation of Seventh-day Adventist for a Modification of a Conditional Use Permit in the Beach District? Hearing none. Gene, would you please comment on this item? Eugene Crabtree. Yes. Thank you Dorothy. Since this was previously approved and this is just a modification to the previous approved plans the new architectural design and the use of the property has been improved greatly and the visual of it is going to be better than it was previously. The elevations of the building and the parking lot and the preserving of the natural surrounding elements has all been met and we think that this is a very good use for that property and it improves it since it was previously approved, we think it should be a consent agenda item. Dorothy Wood: Thank you Mr. Crabtree. Again, is there any objection to the Seventh- day Adventist Church? Hearing none. Mr. Ripley, I would move to approve th~s consent agenda item number six Potomac Conference of the Seventh-day Adventist with four conditions. Ronald Ripley We have a motion to approve this consent agenda item Do I have a second? Seconded by Mr. Will Din. Is there any discussion on the motion? Okay, we'll call for the question Item #6 Potomac Conference Corporation of the Seventh-day Adventist Page 2 AYE 10 NAY 0 ABS 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Ripley' By a vote of 10-0, the motion passes. ABSENT 1 ABSENT 9. 8-~13-79 - CONDITIONAL USE PERMIT (garden shop & nurser~) Granted '10. ~10-29-02- CONDITIONAL USE PERMIT (church)- Granted Map K-14 AG-I AG-2 Leslie AG-2 AG-2 CUP - Art Gallery ZONING HISTORY 2 1 8-28-81 - Subdivision Variance - Approved 2 4-24-89- Conditional Use Permit (Cell Tower) - Approved 3 10-24-86 -Cond~bonal Use Permit (Gasoline Pumps)- Approved 4 7-11-00- Cond~bonal Use Permit (Automotive Detailing)- Approved CITY OF VIRGINIA BEACH AGENDA ITEM I ii ii i I iii ii iii i i iiiii i ii ITEM' Leslie Leedy - Conditional Use Permit (museum and art gallery) MEETING DATE: October 14, 2003 · Background' An Ordinance upon Appl~cabon of Leslie Leedy for a Conditional Use Permit for a museum and art gallery on property located at 2025 Indian River Road (GPIN 2403928325) DISTRICT 7- PRINCESS ANNE Considerations: The applicant proposes conversion of the ex~sbng s~ngle-fam~ly dwelhng into an art gallery. The apphcant plans to d~splay not only her own art but that of local artists as well A small area of the building, no more than 20 percent of the floor area, w~ll also have handmade g~ft.s and cards avadable for purchase The apphcant w~ll employ one or two as"soc~ates and wdl be open four to five days a week depending upon the volume of bus~ness The hours of operabon w~ll be 11 00 a m. to 7 00 p m weekdays and Saturdays, and 1 00 p m to 6 00 p m on Sundays The apphcant's proposed use of the ex~stmg structure as an art gallery ~s ~n keeping w~th the desired "vdlage theme" for the destination centers ~n th~s area of the c~ty The Planning Commission placed th~s ~tem on the consent agenda because the use ~s consistent w~th the recommendations of the Comprehensive Plan and fits well into the community Staff recommended approval There was no oppos~t,on to the request Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve th~s request w~th the following conditions Modiflcabons to the s~te for parking and additions to the building shall substantially conform to the submitted "SITE PLAN FOR USE PERMIT, Lot 1 Corrected Subd Of Part of Property of Joseph Burroughs", prepared by Bon~fant Land Surveys, dated 28 February 2003 Sa~d plan has been exhibited to the V~rg~n~a Beach C~ty Councd and ~s on file w~th the V~rg~n~a Leslie Leedy Page 2 of 2 Beach Department of Planning The applicant shall maintain the "Bungalow style" architecture of the structure, ~ncluding the use of double-hung, two-sash w~ndows. Any additions to the structure shall also be of the "Bungalow style" architecture The structure shall be painted white w~th plum color tr~m around the w~ndows and doors When the roofing ~s replaced on the structure ~t shall be replaced w~th a standing seam metal roof, blue ~n color 4. The floor area for the sale of handmade gifts and cards ~s I~m~ted to 20 percent of the floor area of the structure . The applicant shall obtain all necessary permits and ~nspections from the Department of Planning Permits and Inspections d~v,s~on A Certificate of Occupancy shall be obtained before a bus~ness license is issued · Attachments: Staff Rewew D~sclosure Statement Planning Commission M~nutes Location Map Recommended Action: Staff recommends approval Planning Commission recommends approval ~i~~m~attin~~ eDr~eln~y~~a n~,~ D e P a rt m e n t ~- LESLIE LEEDY/# 9 September 10, 2003 General Information: APPLICATION NUMBER: K14-210-CUP-2003 REQUEST: Cond~bonal Use Permit for a Museum and Art Gallery ADDRESS: 2025 Indian R~ver Road AG-2 ~ , AG-2 Leslie Leedy ', / CUP - Art Gallery / AGT2 ×/ GPIN' ELECTION DISTRICT: 24039283250000 7 - PRINCESS ANNE Planning Commission Agenda September 10, 2003 LESLIE LEEDY/Ct 9 Page 1 SITE SIZE STAFF PLANNER: PURPOSE: 0 296 acres Faith Chnsbe To convert the exisbng s~ngle-fam~ly dwelhng ~nto an art gallery and museum, which ~s an allowed use ~n the Agricultural D~stncts w~th a Conditional Use Permit Major Issues: Degree to which the proposal ~s compabble w~th the surrounding area Consistency w~th the Comprehensive Plan recommendabons and the Trans~bon Area Design Guidelines Land Use, Zoning, and Site Characteristics: Ex~st~ng Land Use and Zoning A s~ngle-fam~ly dwelhng and detached garage occupy the s~te Mature landscaping and vegetabon also ex~st on the s~te The s~te ~s zoned AG-2 Agricultural D~stnct Surroundinq Land Use and Zon~n.q North: South: East: West: · Indian R~ver Road · Across Indian R~ver Road are open fields / AG-2 Agricultural · Open fields/AG-2 Agricultural · S~ngle-fam~ly dwelhng / AG-2 Agricultural · S~ngle-fam~ly dwelhng / AG-2 Agricultural Planning Commission Agenda September 10, 2003 LESLIE LEEDY/# 9 Page 2 Zon~n,q H~story A Subdivision Variance to lot w~dth and lot area was approved on the s~te ~n 1981 ex~stmg dwelhng ~s bungalow style architecture constructed ~n 1940 The Air Installation Compatible Use Zone (AICUZ) The s~te ~s ~n an AICUZ 65 to 70dB Ldn surrounding NAS Oceana The Un~ted States Navy d~d not provide comments on the request Public Facilities and Services Water and Sewer Water and sewer ~s not avadable to the s~te All additions and alterations to the s~te shall be approved through the Health Department Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Indian R~ver Road ~n front of th~s s~te ~s a two-lane collector road There are no projects m the current Capital Improvement Program to ~mprove th~s road Traffic Calculations: street Name Present Present Generated TraffiC . J Volume Capacity Exisbng Land Use 2_ 10 Indian R~ver Road 5,896 ADT ~ 6,200 ADT ~ I Proposed Land Use 3_ 28 Average Da~ly Trips as defined by a s~ngle-famdy dwelhng as defined by a museum and art gallery Public Safety Police: Fire and Rescue' The apphcant ~s encouraged to contact and work with the Cr~me Prevention Office w~th~n the Pohce Department for crime prevenbon techniques and Crime Prevenbon Through Enwronmental Design (CPTED) concepts and strategies as they pertain to th~s s~te Adequate - no further comments Planning Commission Agenda September 10, 2003 LESLIE LEEDY/# 9 Page 3 Comprehensive Plan The Comprehensive Plan recognizes th~s area as Agricultural/Rural, planned for farming, forestry, rural res~denbal and other compabble uses The Pungo / Blackwater Issues and Pohc~es secbon of the Comprehensive Plan ~nd~cates that the basic rural character of the area ~s well established and has not changed much over bme It ~s a place where there ~s a s~gmficant presence of ex~stmg agricultural and other rural based economic actw~bes Sound rural planning should be used to ~nsure that the area retains ~ts character and v~tal~ty Summary of Proposal proposal · The apphcant w~shes to obtain a Cond~bonal Use Permit for an Art Gallery and Museum The apphcant proposes conversion of the ex~sbng s~ngle-famdy dwelhng ~nto an art gallery. The apphcant plans to d~splay not only her own art but that of local arbsts as well. A small area of the budding, no more than 20 percent of the floor area, wdl also have handmade g~fts and cards available for purchase The apphcant wdl employ one or two associates and will be open four to five days a week depend,rig upon the volume of bus~ness. The hours of operabon wdl be 11 00 a m to 7'00 p m. weekdays and Saturdays, and 1 00 p m. to 6 00 p m. on Sundays S~te Desiqn The emst~ng s~ngle-fam~ly dwelling ~s s~tuated 19 feet from the front property I~ne, 21 feet from the west s~de and 42 feet from the east property hne The ex~sbng s~te entrance may need to be adjusted to accommodate the change of use on the s~te The applicant proposes a parking area on the eastern s~de of the s~te A freestanding s~gn ~s also proposed for the s~te Vehicular and Pedestnan Access · One vehicular entrance to the s~te exists The entrance may have to be modified to accommodate the change of use from a s~ngle-fam~ly dwelhng into an art gallery The applicant proposes a gravel parking area of e~ght spaces along the eastern s~de of the s~te The apphcant has requested a waiver of asphalt pavement and curbing for the parking area Th~s request wdl be addressed Planning Commission Agenda September 10, 2003 LESLIE LEEDY/# 9 Page 4 dunng detailed s~te plan review should th~s request be approved · There are no s~dewalks ex~st~ng along the right-of-way Architectural DesLqn · The ex~stmg dwelhng ~s a one and one-half story bungalow style structure containing less than 1,000 square feet The apphcant proposes a future second story addition and decking ~f and when the proposed business ~s well estabhshed. The existing building and proposed additions do not meet the required setbacks of the Agricultural D~stnct Variances from the Board of Zoning Appeals will be required ~n order to convert the building into an art gallery. · The structure wdl be painted white w~th plum color trim around the wIndows and door A blue metal roof w~ll be ~nstalled Landscape and Open Space · The s~te ~s landscaped w~th mature trees and shrubs A stand of trees exists along the eastern side of the s~te Staff will work w~th the apphcant dunng s~te plan rewew to insure that the requirements of the Landscape Ordinance are met and that the Transition Area Design Gu~dehnes are ~ncorporated into the design Evaluation of Request The request for a Conditional Use Permit to operate an art gallery / museum ~s acceptable subject to the condibons I~sted below The proposed use ~s consistent w~th the recommendations of the Comprehensive Plan and the Transition Area Design Gu~dehnes The Comprehensive Plan seeks to achieve the following rural planning objecbves 1 Preserve the opportunity for continued agricultural producbon The proposed use does not interrupt the continuation of agricultural producbon 2 Preserve the rural character of the area The rural character of the property is sbll intact The alterabons and additions to the property and the budding do not d~srupt its rural character. The s~te ~s located w~thm proximity of the Pungo Center, which ~s ~dentlfied as a rural wllage 3 Protect the enwronmental resources The proposed use ~s not considered an ~nappropnate achvity or over development of the s~te that would harm the enwronmental resources Planning Commission Agenda September 10, 2003 LESLIE LEEDY/# 9 Page 5 The applicant's proposed use of the ex~shng structure as an art gallery ~s ~n keeping w~th the desired "vdlage theme" for the destination centers in the Transition Area The apphcant proposes retention of the bungalow style architecture that ~s predominating ~n the Pungo Center area The Trans~hon Area Design Gu~dehnes state that shops should be brought to the road w~th parking ~n the rear. The existing structure ~s located close to the road The proposed parking ~s s~tuated on the eastern s~de of the s~te so as not to disturb the well and septic systems Mature landscaping exists on the s~te. Staff work w~th the applicant to develop a plan that w~ll supplement the ex~stmg landscaping w~th native species as desired ~n the Guidelines Staff recommends approval of the request for a Cond~honal Use Permit for an Art Gallery and Museum subject to the conditions I~sted below Conditions Modlficahons to the s~te for parking and add~hons to the budding shall substanhally conform to the submitted "SITE PLAN FOR USE PERMIT, Lot 1 Corrected Subd. Of Part of Property of Joseph Burroughs", prepared by Bon~fant Land Surveys, dated 28 February 2003 Said plan has been exhibited to the V~rgm~a Beach C~ty Council and ~s on file w~th the V~rg~n~a Beach Department of Planning The apphcant shall maintain the "Bungalow style" architecture of the structure, including the use of double-hung, two-sash w~ndows Any additions to the structure shall also be of the "Bungalow style" architecture. The structure shall be painted white w~th plum color trim around the w~ndows and doors When the roofing ~s replaced on the structure ~t shall be replaced w~th a standing seam metal roof, blue in color 4 The floor area for the sale of handmade g~fts and cards is hm~ted to 20 percent of the floor area of the structure 5. The apphcant shall obtain all necessary permits and ~nspechons from the Department of Planning Permits and Inspections d~ws~on A Certificate of Occupancy shall be obtained before a bus~ness license ~s ~ssued INOTE: ! Further conditions may be required during the administration of a~)=licable Citv Ordinances. The site ~)lan Planning Commission Agenda September 10, 2003 LESLIE LEEDY/# 9 Page 6 I I 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. i il ii Planning Commission Agenda September 10, 2003 LESLIE LEEDY/# 9 Page 7 PAAC£L ?'WO . ,4 DUDLEY ESE bVDfAN RIVER RD 8ITE PLAN FOR USE PEIMIIT LOT I CORRECTED SUBD OF PART OF' PROPERTY OF' JOSEPH E. BURROUGHS V[RGtNM BEACH, VIRGINIA Planning Commission Agenda September 10, 2003 LESLIE LEEDY/# 9 Page 8 r-~ann~ng ~;omm~ss,on Agenda September 10, 2003 LESLIE LEEDY/# 9 ~;~.~ Page 9 Planning Commission Agenda September 10, 2003 LESLIE LEEDY/# 9 Page 10 ~ II I M E = ~J DtS...LOSURE 'sTATE Applicant's Name: List All Current Property Owners APPLICANT DISCLOSURE If the applicant ~s a CORPORATION, list all officers of the Corporation below: (Attach hst tf necessary) if the spphcant ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION. list ali members or partners in the orgamzatson below: (Attach list if necessa/),) / [~ Check here ~f the applicant is NOT a corporation, partnership, firm, or other unincorporated orgamzat~on ff the applicant is not the current owner of the property., complete the Property Owner Disclosure section below: PROPERTY OWNER DISCLOSURE If the property o,,,mer is a CORPORATION hst all officers of the Corporabon below: (Attach fist tf necessary) If the property o,,~mer is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, Iist all members or partners ~n the orgamzat~on below: (Attach fist ~t n ecessa fy) t-1 Check here if the property owner is NOT a corporation, partnership, hrrn, or other unincorporated organization CERTIFICATION. i certify that the information contained herein is true and accurate. Signature Print Name ~, ,=, ..... , .............. ~, .,,, . -,,,,~.. , , , ,, Cond~tlopal Use Permit Apphcat~on Page 8 o~' 12 Planning Commission Agenda September 10, 2003 LESLIE LEEDY/# 9 Page 11 Item #9 Leslie Leedy Conditional Use Permit 2025 Indian River Road District 7 Princess Anne September 10, 2003 CONSENT Dorothy Wood: The next item is Item #9, Leslie Leedy. It's an application for a Conditional Use Permit for a museum and art gallew on Indian River Road in the Princess Anne District with five conditions. Leslie Leedy: Hi. I'm Leslie Leedy. Dorothy Wood: You've read the conditions and you agree with them? Leslie Leedy: Yes. Dorothy Wood: Thank you. Leslie Leedy: Thank you. Dorothy Wood. Mr Crabtree. Eugene Crabtree: Yes. We think the use of this property for an art gallery and art museum will enhance the "downtown Pungo' appearance. It will fit in very good with the rural development area that they're trying to do out there I hope that she will be able to have more bus~ness than just one week a year. But we think that this use is an improvement for this property', and it fits very well within the community as where it's going to be. Dorothy Wood: Thank you. Is there any opposition to Leslie Leedy opening a museum and art gallery? It's a Conditional Use Permit on Indian River Road in Princess Anne. Mr. Ripley, I would move to approve th~s consent agenda item number rune Leslie Leedy with five conditions for a museum and art gallery. Ronald Ripley' We have a motion to approve this consent agenda item. Do I have a second? Seconded by Mr. Will Din. Is there any discussion on the motion9 Okay, we'll call for the question. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY KATSIAS AYE ABSENT Item #9 Leslie Leedy Page 2 KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Ripley. By a vote of 10-0, the motion passes Beach Christian Center CUP - Church and Chfldcare Expansion ZONING HISTORY 1. 1-12-67: Rezon~ng (R-R1 Rural Res~denbal/R-S1 Residence Suburban to R-M Mulbple-Fam~ly / C-L2 L~m~ted Commercial)- W~thdrawn 1-13-69: Cond~bonal Use Permit (B~llboard)- Approved 6-9-75: Rezon~ng (R-5 Residenbal to R-9 Res~denbal Townhouse)- Den~ed 4-26-76: Cond~bonal Use Permit (Church)- Approved 8-9-82: Cond~bonal Use Permit (Church Expansion)- Approved 5-21-84: Cond~bonal Use Permit (Church Expansion)- Approved 7-13-93: Cond~bonal Use Permit (Pre-school)- Approved 12-5-95: Cond~bonal Use Permit (Church Expansion)- Approved la 11-14-66 Rezomng (R-S 3 Residence Suburban to C-L 1 L~m~ted Commercial)- Den~ed 5-15-78 Cond~bonal Use Permit (Cemetery)- Approved 2. 9-14-93: Subd~ws~on Variance -Approved 3. 7-7-92: Cond~bonal Use Permit (Pre-school)- Approved CITY OF VIRGINIA BEACH AGENDA ITEM II ITEM: Virginia Beach Christian Life Center- Conditional Use Permit (church) MEETING DATE: October 14, 2003 · Background: An Ordinance upon Application of V~rglnla Beach Christian Life Center for a Cond~bonal Use Permit for a church on property located at the northeast ~ntersectlon of North Great Neck Road and Old Donation Parkway (GPINS 2408135699; 2408243047, 2408232865) DISTRICT 5-LYNNHAVEN The purpose of this request ~s to expand the existing church to provide for education, tutoring and neighborhood care of chddren. Soccer and recreabon areas w~ll also be added to the church grounds. Considerations: The apphcant proposes several building addibons, addlbonal parking and recreabonal fields for the s~te The apphcant states ~n their apphcabon that the expansion of the facd~ty will prowde for education, tutoring, and neighborhood care for children. The applicant has submitted a plan that depicts three phases of ~mprovements to the s~te Phase One w~ll consist of an addlbon to the north s~de of the ex~sbng sanctuary building. The add~bon will be used for classrooms and daycare. Phase Two w~ll consist of an addition to the south s~de of the ex~sbng sanctuary to be used for a gym and fitness center Add~bonal park,ng and the recreabonal fields will be ~nstalled with Phase Two The old sanctuary building will be demolished ~n Phase Two. Phase Three w~ll consist of the addition of a hbrary, ma~n office and new entrance. The ex~sbng parking wdl be reworked w~th a new layout and landscaping. The Church has submitted a master plan that ~ncorporates the needs of the membership for a more modern facd~ty and provides compabble amen~bes to the surrounding neighborhoods. The proposed additions and reworking of the ex~sting exterior of the budding w~ll present an attractwe structure on the s~te Proposed landscaping and ex~sbng mature trees w~ll soften the modern I~nes of the building and ~ntegrate ~t w~th~n the surrounding area. The Planning Commission placed th~s ~tem on the consent agenda because the church is an ex~sbng use and the concerns of adjacent neighbors appear to have V~rgin~a Beach Christian Life Center Page 2 of 3 been addressed Staff recommended approval. There was no oppos~bon to the proposal · Recommendations: The Planning Commission passed a mobon by a recorded vote of 10-0 to approve this request w~th the following conditions The site shall be developed in accordance with the submitted plans btled "VIRGINIA BEACH CHRISTIAN LIFE CENTER, V~rg~n~a Beach, V~rgm~a, Cond~bonal Use Permit Exhibit", prepared by Tymoff + Moss Architects and NDI, LLC Basg~er and Associates Division, dated May 6, 2003, and rewsed August 22, 2003 Sa~d plans have been exhibited to the V~rg~n~a Beach C~ty Council and are on file w~th the V~rg~nia Beach Department of Planning The applicant shall ~nstall a right-turn lane from Great Neck Road as part of the Phase 2 ~mprovements. 2, The proposed building additions and renovabon of the ex~sbng sanctuary shall be constructed in accordance w~th the submitted plans btled "VIRGINIA BEACH CHRISTIAN LIFE CENTER, V~rg~n~a Beach, V~rg~nla, Exterior Elevations", prepared by Tymoff + Moss Architects, dated July 8, 2003 Sa~d plan has been exhibited to the V~rg~n~a Beach C~ty Council and ~s on file with the V~rg~n~a Beach Department of Planning. The applicant shall install connecbng s~dewalks from Old Donabon Parkway and Great Neck Road to the main entrance of the building and to the recreational fields The location of the sidewalks shall be determined dunng detaded s~te plan rewew of each phase of the project The apphcant shall submit a tree preservabon / restorabon plan w~th the development of Phase II Recreabonal Fields and ~nstall Category IV landscaping, where needed, w~th~n the proposed twenty-foot buffer along the southern boundary of the s~te adjacent to the M~chael's Glenn and Great Neck P~nes residenhal neighborhoods and the eastern boundary of the s~te adjacent to the Forest Park res~denbal neighborhood and the City of V~rg~n~a Beach property The applicant shall submit a photometric I~ghbng plan ~nd~cabng the number and types of I~ghbng as part of the formal s~te plan submission for review by the Pohce Department to determine consistency w~th Cr~me Prevention through Enwronmental Design (CPTED) pnnc~ples and pracbces. All fixtures shall be of an appropriate height and design so as to prevent any d~rect reflection or glare towards adjacent uses and c~ty streets L~ght~ng should be d~rected down at the ground and not horizontally or up ~n the a~r. 6. The recreabonal fields shall be gated from sundown to sunnse There shall be no hght~ng of the recreabonal fields. There shall be no roadway V~rg~n~a Beach Chnsban L~fe Center Page 3 of 3 ~nstalled along the edge of the recreational fields. The recreabonal fields shall not be used for overflow parking for any events associated with the church. 7. The ex~sbng stormwater management facility shall be cleared of trash and debris dunng the Phase I construction, and Category I screening shall be ~nstalled on the top of bank, on the western s~de of the facility, before a Certificate of Occupancy ~s approved for the add,hon. 8. The church shall ~nstall trash receptacles throughout the parking lots There shall be one trash receptacle for every 3,500 square feet of parking area. Attachments: Staff Rewew D~sclosure Statement Planning Commission M~nutes Locabon Map Recommended Action: Staff recommends approval Planmng Commission recommends approval , ~ _ ' Submitting Department/Agency: Planning Department~i~l_.~ City Manage~ ~-- .~~ '"' VA BEACH CHRISTIAN LIFE CENTER/# 27 September 10, 2003 General Information: APPLICATION NUMBER: J05-211-CUP-2003 REQUEST: Conditional Use Permit for a Church ADDRESS: 1000 North Great Neck Road ,~Iap J-5 Noz R-lO ia Beach Christian Center GPIN: ELECTION DISTRICT: 24081356990000 part of 24082430470000 part of 24082328650000 5 - LYNNHAVEN Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 1 SITE SIZE' STAFF PLANNER: PURPOSE: APPLICATION HISTORY: 21.01 acres Faith Chnst~e To expand the ex~sbng church to provide for education, tutoring and neighborhood care of children. Soccer and recreabon areas wdl also be added to the church grounds. The application was deferred at the August 13, 2003 Planning Commission meeting to address several neighborhood concerns. Representatives of the church, concerned neighbors and staff met August 21, 2003. The architect and attorney for the project made a presentation to the audience. Staff offered several additional conditions concerning the recreational fields area that seemed to alleviate the concerns of the majority of those neighbors present. Please see the additional conditions at the end of the report. Major Issues: · Degree to which the proposal ~s compatible w~th the surrounding area. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The church and associated parking occupy the s~te. A cemetery occupies the northeastern portion of the site. The s~tes are zoned Rol0 Res~denbal. Surroundinq Land Use and Zoning North: South: · Pnncess Anne Memorial Park / R-10 Res~denbal · Old Donabon Parkway Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 2 East: West: · M~chael's Glenn and Great Neck P~nes (single- family dwellings) / R-10 Residential · Across Old Donabon Parkway ~s Wellington Woods North (s~ngle-fam~ly dwellings) / R-10 Res~denbal · M~chael's Glenn and Forest Park (s~ngle-fam~ly dwellings) / R-10 Residenbal · Great Neck Road · Across Great Neck Road is Southern Points (s~ngle-fam~ly dwellings) / R-20 Residential Zoning History The original church, F~rst Assembly of God, was granted a Condibonal Use Permit ~n April 1976 Add~bonal Conditional Use Permits for expansions to the church were approved 1982, 1984, and 1995 A Conditional Use Permit for a pre-school on the s~te was approved ~n 1993. The northeastern port~on of the s~te ~s now a part of the ex~sbng Pnncess Anne Memorial Park cemetery. The cemetery was den~ed a rezon~ng request from R-S 3 Residence Suburban to C-L 1 L~m~ted Commercial in November 1966 The apphcant was granted permission to construct a small office / adm~n~strabon budding as an accessory to the cemetery The cemetery was granted a cond~bonal use permit ~n May 1978 for a cemetery, mausoleum, columbanum, chapel, administrative offices, and equipment maintenance and storage. Air Installation Compatible Use Zone (AICUZ) The s~te ~s ~n an AICUZ of 65 to 70dB Ldn and 70 to 75db Ldn surrounding NAS Oceana The United States Navy finds that the expansion of the ex~sting educational and church facd~bes ~s compabble w~th the a~rfleld operabons of NAS Oceana Public Facilities and Services Water and Sewer The s~te ~s already connected to C~ty water and sewer Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 3 Great Neck Road ~n front of th~s site is a four-lane suburban arterial facd~ty. The proposed expansions to the church require a 150-foot right turn lane w~th a 150-foot transition ,nto the entrance shown on Great Neck Road Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Ex~sbng Land Use - 612 Great Neck Road 32,821 ADT ~ 32,500ADT ~ (weekdays) 2,461 (Sundays) Average Dady Tr~ps Public Safety Police: Fire and Rescue: The applicant should review and ~ncorporate safety by design concepts and design strategies contained ~n the C~ty of V~rgm~a Beach Planning Department's "Crime Prevenbon through Environmental Design- General Gu~dehnes for Designing Safer Commun~bes" booklet. A copy of the booklet can be obtained by contacbng either the Planning Department or the Police Department's Cr~me Prevenbon Unit. A photometric hghbng plan ~nd~cat~ng the number and types of I~ghbng should be submitted as part of the formal s~te plan submission for rewew by the Police Department to determine consistency with Crime Prevenbon through Enwronmental Design (CPTED) pnnclples and practices Wh~le I~ghbng fixtures are ~nstalled along streets and ~n parking areas are for ~lluminabon purposes, all fixtures shall be of an appropriate height and design so as to prevent any d~rect reflection or glare towards adJacent uses and c~ty streets L~ghting should be d~rected down at the ground and not horizontally or up in the a~r. A fire hydrant must be w~th~n 400 feet. Private fire hydrants must be maintained annually as ~denbfled in N F.P.A 25 Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 4 Fire lanes may be required after occupancy. M~nlmum fire lane w~dth must not be less than 18 feet, under some cond~bons the authority having jurisdicbon may require a greater w~dth. A Certificate of Occupancy must be obtained from the Building Official before use of the structure. F~re Code permits are required for Assembly Occupancy Comprehensive Plan The Comprehensive Plan recognizes th~s area as Suburban Res~denbal/Low Density, an area planned for residenbal uses at or below 3 5 dwelling un~ts per acre. In the C~tyw~de Policies secbon of the Plan ~t ~s noted that we must "Preserve and protect the character of ex~sting stable neighborhoods against ~nappropnate land use ~ntrus~ons while recognizing the legitimate pubhc need for a hm~ted amount of compatible support acbwt~es". Additionally ~n the Healthy Neighborhoods secbon of the Plan ~t ~s noted, "development should generally try to re~nforce rather than change the posibve character of the neighborhood". Summary of Proposal Proposal · The applicant proposes several building add~bons, add~bonal parking and recreational fields for the s~te. The apphcant states ~n their application that the expansion of the facility will prowde for educabon, tutonng, and neighborhood care for children. Addibonally the proposed soccer and recreabon areas will serve not only the church but also w~ll be available to the surrounding neighborhoods and community. The applicant has submitted a plan that depicts three phases of ~mprovements to the s~te. Phase One w~ll consist of an add~bon to the north s~de of the ex~sbng sanctuary building. The add~bon w~ll be used for classrooms and daycare Phase Two will consist of an addition to the south s~de of the ex~sbng sanctuary to be used for a gym and fitness center Add~bonal parking and the recreabonal fields w~ll be ~nstalled w~th Phase Two. The old sanctuary building w~ll be demolished ~n Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 5 Phase Two. Phase Three w~ll consist of the addition of a hbrary, main office and new entrance The ex~sbng parking w~ll be reworked w~th a new layout and landscaping Site Design The submitted s~te plan depicts an overall plan of the s~te w~th three phases of construcbon planned. Complebon of the proposed phased constructed plan w~ll present a coordinated development of the s~te ~n terms of overall design, parking layout, traffic control and c~rculabon, and access to the s~te Phase One construction w~ll be an add~bon of classrooms and daycare to the north s~de of the ex~sbng sanctuary Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 6 Phase Two includes an addlbon on the south s~de of the exlsbng sanctuary for a gym and fitness center. Add~bonal parking between the ex~sting sanctuary and the eastern property hne, and the recreabonal fields w~ll be ~nstalled w~th~n the Phase Two port~on of the project An add~bonal entrance to the s~te from Old Donation Parkway wdl be constructed dunng Phase Two. The old sanctuary budding wdl be demohshed ~n Phase Two. Phase Three ~nvolves the complete reworking of the ex~sbng parking lot at the southwestern port~on of the s~te and add~bonal parking along the northern portion of the s~te. The existing entrance on Great Neck Road will remain open The ex~sbng entrance on Old Donabon Parkway w~ll be sh~fted slightly west The Phase Three building add~bon w~ll consist of the ma~n entrance, I~brary and office Vehicular and Pedestrian Access Currently vehicular access to the s~te can be obtained from s~ngle entrances on both Great Neck Road and Old Donabon Parkway W~th the development of Phase Two, a second entrance from Old Donabon Parkway w~ll be ~nstalled. W~th Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 7 the development of Phase Three, the ex~sbng entrance on Great Neck Road w~ll remain open. Dunng Phase Three, the ex~sbng entrance on Old Donabon Parkway wdl be sh~fted shghtly west of ~ts current Iocabon · Dunng all three phases of construction and parking lot renovabon, on-s~te vehicular maneuvering ~s adequate. S~dewalks ex~st on both Great Neck Road and Old Donation Parkway Staff recommends connecting sidewalks from the rights-of-way to the main entrance and to the recreabonal fields. Staff w~ll work with the applicant to determine the most appropriate Iocabon for the s~dewalks. Architectural Desi_qn The end product of the proposed building additions and reworking of the exterior of the ex~sbng sanctuary will be clean budding I~nes of white metal panels, blue bnted glass curtain walls and white and I~ght gray bnck in a modern design. Phases One and Two w~ll be constructed of white brick with light gray brick accent bands on the ma~n walls facing north and south The end walls facing west w~ll be constructed of white metal panels and blue bnted curtain walls. · Phase Three, cons~sbng of the ma~n entrance, I~brary, and office, features a three-story atrium of blue bnted glass Landscape and Open Space · The submitted site plan depicts parking lot landscaping w~th~n Phases Two and Three. Ex~sbng landscaped areas along Great Neck Road w~ll be maintained and supplemented w~th each phase of construction. The submitted plans depict a twenty foot landscaped buffer to be installed during Phase Two along the southern boundary of the site adjacent to the M~chael's Glenn and Great Neck P~nes neighborhoods, and the eastern boundary of the s~te adjacent to the Forest Park neighborhood and the City of Wrgmla Beach property Staff will require Category IV landscaping within the proposed buffer. There ~s no buffer shown on the eastern boundary adjacent to the M~chael's Glenn neighborhood. The proposed parking area ~s separated from the neighborhood by the existing storm water management facility for Michael's Glenn. The facihty varies in w~dth from 45 feet to 135 feet adjacent to the parking area. Staff will however require Category I screening along the edge of the parking area. Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 8 Evaluation of Request The request for a Conditional Use Permit to expand the exisbng church ~s acceptable subject to the cond~bons below The Church has submitted a master plan that ~ncorporates the needs of the membership for a more modern fac~hty and prowdes compatible amen~bes to the surrounding neighborhoods The proposed additions and reworking of the exishng exterior of the building will present an attracbve structure on the site Proposed landscaping and ex~sbng mature trees will soften the modern I~nes of the budding and ~ntegrate ~t wIthin the surrounding area The church has been located on th~s parcel s~nce the early 1970s, w~thin an area of Great Neck that ~s res~denbal in nature The surrounding s~ngle-famdy neighborhoods are well established and stable Staff has nobced w~th recent apphcat~ons for churches, an ~ncreased desire of churches w~th~n the City to provide services to surrounding neighborhoods rather than just I~m~bng their stewardship to their congregations In keeping with the recommendabons of the Comprehensive Plan, the proposed building add~bons, add~bonal parking and recreabonal areas are providing compabble support acbwbes and are re~nforc~ng rather than changing the pos~bve character of the surrounding neighborhoods. Staff recommends approval of the request for a Cond~bonal Use Permit to expand the ex~sbng church subject to the following cond~bons Conditions 1. The s~te shall be developed ~n accordance w~th the submitted plans t~tled "VIRGINIA BEACH CHRISTIAN LIFE CENTER, V~rgln~a Beach, Virginia, Cond~bonal Use Permit Exhibit", prepared by Tymoff + Moss Architects and NDI, LLC Basg~er and Associates D~ws~on, dated May 6, 2003, and rewsed August 22, 2003 Sa~d plans have been exhibited to the V~rgin~a Beach C~ty Council and are on file w~th the V~rg~n~a Beach Department of Planning. The proposed building add~bons and renovation of the ex~sbng sanctuary shall be constructed ~n accordance w~th the submitted plans titled "VIRGINIA BEACH CHRISTIAN LIFE CENTER, V~rg~n~a Beach, Virginia, Exterior Elevabons", prepared by Tymoff + Moss Architects, dated July 8, 2003 Said plan has been exhibited to the V~rg~n~a Beach C~ty Council and ~s on file w~th the V~rg~n~a Beach Department of Planning 3 The applicant shall install connecbng s~dewalks from Old Donabon Parkway and Great Neck Road to the ma~n entrance of the building and to the recreational Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 9 fields. The Iocabon of the s~dewalks shall be determined dunng detaded s~te plan review of each phase of the project 4- The applicant shall submit a tree preservabon / restorabon plan with the development of Phase II Recreabonal F~elds and ~nstall Category IV landscap,ng, where needed, w~th~n the proposed twenty-foot buffer along the southern boundary of the site adjacent to the Michael's Glenn and Great Neck Pines res~denbal neighborhoods and the eastern boundary of the site adjacent to the Forest Park res~denbal neighborhood and the C~ty of V~rgln~a Beach property. o The apphcant shall submit a photometric I~ghting plan ~nd~cabng the number and types of I~ghtmg as part of the formal s~te plan submission for rewew by the Police Department to determine consistency w~th Crime Prevention through Enwronmental Design (CPTED) pnnc~ples and pracbces All fixtures shall be of an appropriate height and design so as to prevent any d~rect reflecbon or glare towards adjacent uses and c~ty streets L~ghbng should be d~rected down at the ground and not horizontally or up ~n the a~r Added s~nce August 13 Hearing --- The recreabonal fields shall be gated from sundown to sunnse. There shall be no hghbng of the recreational fields. There shall be no roadway ~nstalled along the edge of the recreabonal fields. The recreabonal fields shall not be used for overflow parking for any events associated w~th the church The ex~sbng stormwater management facd~ty shall be cleared of trash and debris dunng the Phase I construction, and Category I screening shall be ~nstalled on the top of bank, on the western s~de of the facd~ty, before a Certificate of Occupancy ~s approved for the add~bon 8. The church shall ~nstall trash receptacles throughout the parking lots There shall be one trash receptacle for every 3,500 square feet of parking area 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 September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 10 Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 11 Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 12 Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 13 Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 14 I Il. II i~lli 0 + ~ >- £ '1- 0 I z I ! Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTE~ g 27 Page 15 Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 16 '" I Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 17 DEPARTMENT OF THE NAVY NAVAL AIR STATION OCE. ANA ~ 750 TOMCAT ~OL. LEVARD V'RGINIA BEACH VIRGINIA 23z.60-2168 ,IN R~PL~r REFER T,Q -5-2~ Se." 32,02.58 July ]., 2003 ~_ar Ms. Shrlst3. e- inar, E vo'_ =~- -~-~ ^ppcrtunis'3 t.~. review -_he Ccnd.' _onal Use PermtL app._carhop Dy ';-rg~rLa Beaca TnrLst_at - fe Cen~er. T~e ' av>"s Amr -_nstal!atzcns ~patmble "se Zones Prcsram~ conszcer~_ ~ac ....... '--'=~. or -~= ...... ~-,~r~-r_ c= Great Yes< Road and Far-.'. a3 com~atlb_e wL%n alrf~ e' d opcratlons, ' . - Planning nave anI. q--es Lc.~s, uontact ~¢ ~0~i5l ..... Fay Fzrenze ~-=~ -- ~'~c Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 18 iJiSCLOSURE STATEM Applicant's Name: List All Current Property Owners APPLICANT DISCLOSURE If the applicant ~s a CORPORATION, list all officers of the Corporation below. (Attach list if necessary) If the applicant ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below- (Attach list if neces_sary) [] Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization If the applicant is not the current owner of the property, complete the Property Owner Disclosure secbon below: PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach fist if necessary) if the property owner ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list ail members or partners ~n the organization below- (Attach list Jf necessary) [] Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION' ! certify that the information contained herein is true and accurate. Signature ' - - Print Name - Condlbonal Use Permit Apphcat~on Page 8 of 12 Planning Commission Agenda September 10, 2003 VA BEACH CHRISTIAN LIFE CENTER/# 27 Page 19 Item//27 Virginia Beach Christian Life Center Conditional Use Permit Northeast intersection of North Great Neck and Old Donation Parkway District 5 CONSENT Dorothy Wood: Our last consent item has eight conditions, and that is the Virginia Beach Christian Life Center. It's an Ordinance upon Application of the Virginia Beach Christian Life Center for a Conditional Use Permit for a church on property located on the northeast intersection of North Great Neck Road and Old Donation Parkway. Again, it has eight conditions. How are you sir? John Tymoff: Good afternoon. We have read the conditions, and we have no objections. Dorothy Wood: Thank you sir. Joe, would you please tell us about this one. Joseph Strange: This application was also deferred from the August 13th Planning Commission meeting to give the church time to address several neighborhood concerns. Since then, on August 21 st, the staff for the Planning Commission met with the pastor, the attorney, and there were about 30 plus people from the neighborhood that attended this meeting. At th~s time. they were all able to work out their disagreements. There have been some conditions added to it since then. Basically, the three different conditions that have been changed are the recreational field shall be gated from sundown to sunrise. There will be no lighting of the recreational field. There will be no roadway installed along the edge of the recreational field The people ~vere concerned about the trucks getting in and out of there. And, the recreational field shall not be used for any over flow parking for any events associated with the church. The existing storm water management facility will be cleared of trash an debris during the Phase I construction and Category I screening shall be installed on top of the bank. The other condition that has been added is that the church will be required to install trash receptacles throughout the parking areas. Now, these will just be small trash receptacles that the church itself can handle there so that it won't create an unsightly situation on the property. Based on this and based on staff working with the neighborhood and working with the church, the Planning Commission decided to consent this. Dorothy Wood: Is there any objection to Item #27 with eight conditions for the Virginia Beach Christian Life Center in the Lynnhaven District? Hearing none. Thank you so much for your work with the city and getting it done for us. Thank you. Mr Ripley, I would move to approve this consent agenda item the final one is the Virginia Beach Christian Life Center with eight conditions in Lynnhaven Borough. I would move approval of this consent item. Ronald Ripley' We have a motion to approve this consent agenda item. Do I have a second? Seconded by Mr. Will Din. Is there any d~scussion on the motion9 Okay, we'll call for the question. Item #27 Virginia Beach Christian Life Center Page 2 AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE ABSENT Ronald Ripley By a vote of 10-0, the motion passes. Thank you all very much. Item//31 Virginia Beach Clmstian Life Center Conditional Use Permit Northeast Intersection of North Great Neck Road and Old Donation Parkway District 5 REGULAR Robert Miller. The next item is Item #31, Virginia Beach Christian Life Center. John Tymoff Good afternoon Commission members. My name is John Tymoff. I'm an architect with Tymoff-Moss representing the church today. Ronald Rlpley' Were you in the Informal session? John Tymoff- No sir, I was not. Ronald Pupley' I can probably save you some time, or if you want to go through your full presentation we certainly will hsten to It. But there was discussion in that meeting about concerns that neighbors were having They were concerned whether or not you have really Interacted with the neighborhood and working through those issues. And, not to tromp anybody here at this table here but that was the just of it You can save yourself a lot of time if that's something you'll be willing to do John Tymoff. I would like very much to have the opportunity to address those specific concerns and go Into the details of the project if you would like? Ronald Rlpley. I think, and correct me If I'm wrong, that was sort of the jest of the discussion amongst the Commission at the informal meeting. We could certainly listen to the whole presentation and then come back, you might have some adjustments to make. And, you do have some opposition on this item. John Tymoff. Yes sir. What I would like to bring to the Commission's attention is the process that we went through to involve the community, and I would like one of the representatives from the church to discuss the details of that process. Before I ask Mr. Lentz to come up, and he will be here momentarily as he was called away. We started the process about two years ago for a master plan for this project. At which time we were told by one of the members of the staff that the emstlng Conditional Use Permit allowed us to do the expansion that we were planning. We submitted plans about nine months ago and in that informal review wxth the Planning staff said that no, we needed a new Conditional Use Permit If I'm not mistaken, to date the church property has received five Conditional Use Permits for the use that we are presenting today. This would be Conditional Use Permit number six. We then asked to have a meeting with Mr Scott to try to understand the process and were told that we should seek this additional Conditional Use Permit. We have done so and Mr. Lentz is not here and I apologize We Item #31 Virginia Beach Christian Life Center Page 2 placed the signs on the property and proceeded to try to identify the civic leagues in the area and were told by the C~ty that there are no active mwc leagues on or around this property. It was announced ~n church to the congregation to please not~fy all the members of an upcoming meeting that was to be held at the church. It was posted on the s~te underneath the site s~gn that there would be a meeting of the commumty to explain the process. Letters were sent out to members of the congregation ~nv~tlng them to th~s meeting. Three residents showed up, one gentleman and a husband and wife. The process was presented to them They had some concerns about the landscaping, and we smd that we would absolutely consider in and all probablhty those recommendations. The staff's comments that came back were ldent~cal to those requests that these three neighbors made, and we fully support staff's comments, and we'll absolutely abide by them We were anticipating breaking ground in October for th~s and defemng the action w~ll cause a delay in the start of construction. The church really has done everything it has been able to do to commumcate with the neighbors and up until today, we knew of no opposition to what we were doing I have had the opportunity to look over some of those emmls that were sent to the staff, and the majority of them deal with the landscaping buffers that are the staff's recommendations That we will certainly agree to. What we would like to offer is that between now and the City Council heanng that we will meet with any and all of those neighbors and try to be as cooperative and Incorporate as many of their ideas as we possibly can. Again, most of these seem to deal w~th the landscaping issues One of them was hghtlng of the play field. I think there was one suggestion that the play fields that if I can. Robert Miller: Use the pointer There's a laser right there. Robert Tymoff. I bet your pardon. The play fields ~n this area are play fields that we suggested putting back there as a green space, as a buffer area with no intention of doing any bmldlng or construction. And, there would be landscaping along this parcel Landscaping here. Landscaping all around as well as landscaping, which was also in the staff's comments. The fields w~ll not be ehmlnated That is one of the concerns that the two members asked and that was one of the recommendations from Planmng Commission. So. I guess Mr Pdpley, we are here to ask for moving ahead realizing that we w~ll work with those members that apparently dec~ded not to come to the meeting that was announced. And, we w~ll certmnly support the staff's recommendations. Ronald R~pley: Well, generally speaking, the Commission usually has very httle problems w~th a church apphcanon because usually all those ~ssues have been worked through with staff. Staff bnngs forth an apphcat~on ~ts usually very well put together and usually very easy to work with and ~t moves ahead. Robert Tymoff: Certainly. Ronald Pdpley. The Conditional Use Permit, the purpose of that, is to g~ve the neighborhood and other people the opportunities to d~scuss the kind of issues they may have w~th that apphcatlon So, we th~nk you have a very exciting large, nice project. It's Item #31 Vlrg~ma Beach Christian Life Center Page 3 laid out very nice. There's not a question about that. We want to make sure that the neighborhood or the adjolrnng properties are in harmony with what you want to do to. If there are any safe guards that can be done and you're putting out some obvious things that maybe your already doing. It's a matter of communicating to people. And, I heard what you say and this happens to us too A lot of times we'll have a heanng here, nobody shows up. They all show up at City Council and you wonder where they were. So, I understand what your saying. It can be a frustrating process but ~t's the process. That's what we have to deal with So, we do have opposition, so lets hsten to that first, and then lets see if we do have any kind of problems, and maybe we can move it along. Dorothy Wood: Can I ask one question? Ronald Rlpley Yes John Tymoff: Yes, Ms. Wood. Dorothy Wood: I don't have a pointer like you do there but the property behind the cemetery next to the City open lot, why d~d you purchase that property to go along w~th your other property. My concern is that you might want to use the City property perhaps one day. John Tymoff: Actually no. This was an additional parcel that ~s in the process of being purchased right now, and that was purchased from the cemetery to provide play space for the children that will be in school in this Phase I addition, which is right over here Phase I addltmn ~s an education classroom for k~ndergarten through toddlers Not only for those students dunng the daytime, but also for community use as well, and this ~s part of what the church was trying to be a good neighbor and make these fields available for the community. Dorothy Wood: Thank you. John Tymoff: You're welcome. Robert Miller: Amber Genesevlch. Amber Genesevlch: Yes I'm Amber Genesvlch, and I am one of the residents in Great Neck Pines that backs up to the proposed plan for the ball fields My husband and I also have written one of the letters that you all have in front of you as well as few of the neighbors. I just wanted to make sure today by coming that you did receive our letters in opposition The first communication we ever received was a certified letter dated July 28th. SO, there's been absolutely no time frame for anybody to get together to discuss this matter We spoke with a couple, and when I say we I can only speak for my husband and two of my neighbors and another neighbor who has wrote a letter as well So, you've got these letters ~n front of you that I think all of them together pretty much say the same th~ng We want the opportumty to be able to get together and d~scuss the situation and Item #31 Virginia Beach Christian Life Center Page 4 how it is going to affect us. Our major concern is this roadway that they wanted to put right behind my house. There's no reason for it, absolutely no reason. It dead-ends It's not going anywhere. Why do you need it? There's a parking lot that you can walk to just right around the comer. They're going to have all this parking area that they have, and they can utilize it. When I equate that to the Great Neck ball fields that we have, if you can't park there in that facility, you got to go to Cox High School and walk to the facility You have to walk The roadway? There's absolutely no reason for it other than for it to be overflow parking, which is what's occurnng out there right now in all of the area behind the church If you go out there any given Sunday it's filled to capacity The lighting is an issue that's already back there. There's going to be light. If there are no lights you have a security issue. Back of our homes are going to be exposed with the get- a-way road where people can back there, and if they commit crime they're going to commit crime. They are going to get back there and get into our homes. All I think what we want to do at this point is get some sort of deferral so that we can discuss this as neighbors and figure out whether we need to go forward with this, and that's why I am here before you today Several of those individuals were out of town and could not be here today, so I'm here on their behalf to ask for us to have a deferral Ronald Rapley. If this matter was deferred how many people are going to get together and talk about this? How would you get with the church~ What would you accomphshv Amber Genesevlch: I differ with what was said earlier. There's been no attempt to get in touch with any of the neighbors in Great Neck Pines I can't speak for Michael's Glenn or Forest Park, which are two other surrounding neighborhoods But there has been no attempt to get in touch with Great Neck Pines other than a certified letter that we received. There are five individuals whose homes all back up to their site, that we've all talked within the past two days. That's all the time that we've had to really talk about it. For one thing, the report that supposedly that this letter was available on the lntemet was not available on the lntemet. The letters that we attempted to send emall was not working. The emall was not correct address. My husband had to call in on several attempts to get fax numbers to fax our letter to. Ronald Pdpley: To the City you're talking about? Amber Genesevlch: Yes The emalls and the web site that was addressed in the letter to us, was not working. Therefore, it came down to just being able to discuss th~s matter with our people in the neighborhood the past few days And, that is all we had. Ronald Pdpley: Okay Amber Genesevlch None of them have been given this plan. I'm the only one that has a copy of it, and the only reason that I have it is it was faxed to me because I happen to have a home fax machine. Nobody else has one. So, we've given them a copy. It's not as clear and legible, as it should be, but as far as the drawing and so forth, we really are kind of guessing at some of the numbers and so forth But, we're very, very much Item//31 V~rg~ma Beach Christian Life Center Page 5 opposed to what's going on behind us. When we bought our properties, most of us along that property line paid a higher amount for It because of the fact that It was up against the cemetery's property which we discussed with the owner at that time that they were not going to improve on their property for many, many years to come, twenty years or so they probably didn't need it. Obvmusly, that's not a promise, and we understand that th~ngs change, but we did because we weren't backed up against some of those lots had a higher price tag, so we have invested ~nto these properues more so than maybe some of the other people that aren't on th~s partmular lot. That bothers us as well Several of us have improved knowing that we have this field behind us. We don't want to see that blocked. We don't want to see that ~nterfered with We don't want to see the road. Fields, I don't really have a problem with the fields to be quite frank ~f it came down to approving something. The fields are fine. Again, I don't see the necessity. My child walks to Lynnhaven Middle School. You have ball fields there. We have Linldaorn Park, walking distance, ball fields. The Great Neck Recreational Center has ball fields. There are many, many facflmes an our area where we are right now that have ball fields. So, I'm not really sure where they are coming from when they are stating that flus is for the community because all of us unhze the ones that we already have right now just fine and don't have any problems with that Ronald Pdpley: Okay. Are there any questions? Joe. Joseph Strange' Can you show me exactly where you live there? Amber Genesevach. Yes. Right ~n this section, right here Joseph Strange' And where have you seen cars parked an an overflow? Amber Genesevich: In fact, it's on Old Donanon When you come down Old Donation here where the current church as there as a grassy field and Ills that's nothing but cars that get parked there. It's overflow parking. It's not an their actual parking lot Joseph Strange' That's when the church services? Amber Genesevach. Church services. P~ght. I don't have photographs w~th me today but I have taken photographs. We're concerned about the maintenance of this area being private The church as having some financial Issues, which is also an the letter so I won't waste your t~me reiterating that. We are concerned that if it ends up being a problem financially who's going to malntmn this property behind us Who is going to take care of it" Were womed about the overflow parking If they continue to grow larger this as going to turn ~nto a parking lot as well The way you see at now is that there are sheds out back that are not being maintained. They have grass growing up around them, dirt up around them. We got photographs of that. So the current property that they have is not necessarily the best cond~tlon. So, that's another concern of ours IS the upkeep of such a project Item #31 Virginia Beach Christian Life Center Page 6 Ronald Pdpley Are there any other questions? Thank you very much. Is there anybody else ~n opposition? Mr. Miller stepped out. Let me check, just bare with us a second. Is there anybody else ~n opposition? Mr. M~ller stepped out. He's the keeper of the cards. Okay. Would you like to come back? John Tymoff: Thank you. A couple of responses One, the roadway, which was I beheve the lady was refemng to, which is back here was contemplated to be a church stone paving area which I'm sure you all know is a grassed hard surface only used for maintenance vehicles to get back to the fields for ~ass cutting. And, we'll be happy to take that out if that was a concern of the neighborhood. Ronald Popley. Well, it seemed odd when you saw ~t I had a similar question. What was the point of that? John Tymoff: Just for maintenance vehicles, but if that's a problem, certainly the vehicles could access that site from the parking lot, and we'll be amenable to that. The other issue about the overflow parking currently this overall master plan is to address that overflow. Right now, this is the area, which is graveled and dirt, and in some areas a little un-kept, so the whole idea was to improve the site, was to provide hard scaped parking and landscaping throughout that space. The comment about lighting the roadway, well there w~ll be no hghting back here There was not intention to have those fields lighted. And, the primary purpose of those fields was not Initially for the neighborhood but for the church youth to use, but as a gesture to the neighborhood was to allow the neighborhood use of that facility as well, not to exclude the neighborhood. Mr. Lentz is here, and I would like him to come up and take my final two minutes to address the issue of communication with the neighborhood. Thank you. Stephen Lentz. Good afternoon. I'm Steve Lentz. I'm senior counselor for Lentz, Stepanovich and Fournier, a law finn here in town. I'm a corporate council for the church. I'm also the vice chair for the building committee for my church. I wanted just to address the notice that was given to the community We actually did a sweep of a three-mile radius of civic groups around the church in an attempt to try to communicate with bodies that were available to communicate with, and we couldn't find a functioning civic league in that area, and so at that time we began to post signs outside the church notifying the neighbors as we could that there was going to be a public meeting and that sign was up for about 45 days. We've been announcing our building plans with models and slides and everything to our church body for over a year The church has about 2000 members in it right now. Probably 75 percent of those are from Virginia Beach and specifically from this area So, it certainly hasn't been a secret that we've been trying to communicate with the neighbors. We set up a recepnon for about 100 people. Three people came. We had it catered. We had hors d'oeuvres. We really wanted to meet our neighbors and needless to say that a lot of people took a lot of food home. And we tried to answer what questions we could at the time. My emai1 response is, I think IS in your material to Mr Frye, that was the only actual response that was sent to the church even after the meeting. And in that particular emai1 response we were trying to reiterate that Item #31 Virginia Beach Christian Life Center Page 7 we wanted to preserve the aesthetics of the area. We wanted to ~mprove the area We certainly wanted to be as non intrusive as possible. Obviously, buying even the cemetery part of land we were trying to be good neighbors because we felt like it would be better ~n our hands than anybody else's, a developer Ronald Pdpley' Did you contact the people that live adjacent to the property9 Did you contact them directly? That's where the ~ssue ~s I'm sure. That's what we're heanng Stephen Lentz. And we weren't aware that were obligated to do so. We were just trying to go through the mechanisms that we were aware of that, were the right things to do in order to let the community know. Ronald Pdpley I fully understand that Stephen Lentz' We felt like if we just could have mailed to a select group we would have gotten in more trouble because ff you mml to these 25 or 50 residents why didn't you mml it to me? So, we felt hke we were best suited to stay within the regulations and the mandates and normal procedure Ronald Pdpley Not to cut you short but Great Neck Baptist Church, which we just approved on consent had the same issue. They're adding a gymnasium right next to a row of houses right across Great Neck Road. The same th~ng happened. A neighbor came in, several neighbors, and they had some concerns. We asked them to get together, and they got together and worked it out and we consented it I hoping that's where this goes, and I think, if I'm not mistaken, what we are talking this morning that would be the appropriate way to handle it So, what we are asking you all to do is to go the extra step, perhaps consider defemng th~s and getting w~th the neighbors, making sure you worked out the issues and then come back. Stephen Lentz: Would a plan "B" be possible Again, it seems ~nequitable to the church We have a lot of mechanisms in place. We are trying to stay within the regulanons Would it be possible to have an approval here with our representation to you that we w~ll get with every neighbor who is contacting us, have an additional meeting between now and C~ty Council meeting, and if there are any issues. There are at least two tssues that I know we can't resolve. One neighbor said that he wanted the retention pond to be part of the wetlands area I don't think the C~ty Council or the Planning Commission wants to declare every retention pond a wetlands area so I know that's an ~ssue that probably not going to get resolve. There's another one that wanted absolutely no rezomng and no improvements. Again, we can't do that. But, beyond that, everything else, including even the mention of the road We have, again, we're just trsnng to put something ~n good froth on that sheet I think we can reach an agreement with the neighbors. Ronald Rlpley: We are aware of the time. Perhaps Mr. Scott can work it out so that you can move along qmcker to City Council We don't want to send a half-baked apphcatlon on to Council when you have not worked out your ~ssues between here and Councd. Item//31 V~rg~ma Beach Christian Life Center Page 8 That just doesn't work either, so I'm asking you to consider defemng this It's the sense here. Stephen Lentz. We will do whatever the Commission tells us to do In the interest of future development for all of us in the community, some guidance would help because when do we know anybody when we are ready to have a matter before the Commission If we've gone through whatever regulations that have been laid out before us it seems eqmtable for people who have tried to follow the rules to the last minute be undermined and again, we're trying as you can see from my emall to Mr Frye, there's hardly anything that they can think of that we would not be happy to do. Ronald Rlpley: That's the purpose of the public heanng. Stephen Lentz: Yes sir. Ronald R~pley: When you figure out to solve that we would all like to know These meetings will go a lot quicker. Stephen Lentz: But, obviously we will do whatever you recommend. We plan on cooperating. You can see from the tenor of my letter We were thrilled that anybody came. Ronald Pupley: You appear to have an excellent project. It just needs to be worked out with the neighbors so that everybody's in harmony. Yes. Dorothy Wood: D~d you by chance see a Mr. & Mrs Wentz letter where they were concerned about the HVAC system right next to their property? I don't know if you received that. It's August 3rd Stephen Lentz: No I don't have that letter I'm sorry. Dorothy Wood: Captain and Mrs. Wentz. I'm sorry, that's Great Neck. I'm sorry It's the wrong church. Stephen Lentz: Okay. Ronald Pdpley: Okay If we do defer this I need to know that there's going to be pro- active action on both parties part to try to work through lt. If not, you need to come and we'll need to make a decision. We won't hold you up any further. Stephen Lentz: Can you give us gmdance on what you would consider good faith on our part Ronald Rapley: I think the neighbors that have showed up need to get with you and perhaps meet over in your church, or some place that's mutually agreeable, and try to Item #31 V~rglma Beach Christian L~fe Center Page 9 work through the ~ssues, and I th~nk staff needs to be looped ~nto that somehow Come down here and meet Would that be more appropriate? That would be more appropriate. Charhe Salle" It's sort of the usual situation for the apphcant to seek out these people I wouldn't sit back and necessarily wait to be called I would make the calls myself. Ronald R~pley That's good advice. Donald Horsley: Especially to the adjacent property owners. Ronald Rlpley Do we have a motion to defer? Donald Horsley. So moved. Ronald Rapley. A motion by Don Horsley, seconded by Kathy Katsias. Is there any other discussion? Heanng none, lets call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Pdpley By a vote of 11-0, the motion carries. Gpm 2404-54-7746 ZONING HISTORY 1 2-26-90 - REZONING (AG-2 Agricultural to R-10 Residential) Granted 2a 8-11-92 - SUBDIVISION VARIANCE (LIIllpond Lane) Granted 2b 8-11-92 - SUBDIVISION VARIANCE (Huckleberry Trail) Denied 3 6-25-90-CONDITIONAL USE PERMIT (church)Granted 3-28-88- CONDITIONAL USE PERMIT (church) Denied 3-10-86- REZONING (AG-2 Agricultural to R-3 Residential) Granted 4 8-10-99- REZONING (AG-I&2 Agricultural and R-20 Res~denbal to cond~bonal R-10 Res~denbal) Granted 8-10-99 - SUBDIVISION VARIANCE - Granted 5 6-9-80- REZONING (AG-I&2 Agricultural to R-5 Residential) Granted CITY OF VIRGINIA BEACH AGENDA ITEM II II I ITEM: Joseph G. Piper - Change of Zoning District Classification (AG-2 Agricultural District to Conditional R-10 Residential District) MEETING DATE' October 14, 2003 · Background' An Ordinance upon Appl~cabon of Joseph G Piper for a Chanqe of Zonmq D~stnct Classiflcabon from AG-2 Agncultural D~stnct to Cond~bonal R-10 Res~denbal Distr~ct on property located at 2332 Seaboard Road (GPIN 2404547746) The Comprehensive Plan recommends use of th~s s~te for residential uses at or below 3 5 dwelhng un~ts per acre DISTRICT 7 - PRINCESS ANNE The purpose of th~s request ~s to subd~wde the ex~shng lot ~nto two lots, both of which would conform to the current regulations for the R-10 Residential D~str~ct Considerations' The applicant recently w~thdrew requests for a Subd~ws~on Variance and Rezon~ng to create three substandard s~ngle-fam~ly lots on the subject s~te. The ex~st~ng lot ~s rectangular in shape and contains 1 58 acres The applicant proposes to subdiwde the ex~st~ng parcel by splitting the lot lengthwise The preliminary plat shows two lots adjacent to each other Both are rectangular ~n shape Lot 5A has a width of 110 feet, and Lot 5B has a w~dth of 81 feet Both meet ordinance requtrements and neither requires a vanance. The proposed zoning category ~s consistent w~th the adjacent Southgate neighborhood and ~s more appropnate for th~s res~denhal property than agricultural zoning. The ex~shng dwelling can remain and stdl meet setback requirements for the R-10 Residential D~stnct. The ex~st~ng detached garage be removed or relocated so that ~t meets setback requirements The garage not be converted to a s~ngle-fam~ly dwelling The Planning Commission placed th~s ~tem on the consent agenda because the proposed resident,al zoning ~s consistent w~th the surrounding neighborhoods Staff recommended approval There was no opposition to the request Joseph P~per Page 2 of 2 · Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve th~s request as proffered · Attachments: Staff Rewew D~sclosure Statement Planning Commission M~nutes Locabon Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Commlsslon~l..~(i'~ City Manager:~/~' ~0v~'~L JOSEPH G. PIPER / # 4 September 10, 2003 General Information: APPLICATION NUMBER: J12 - 210 - CRZ- 2003 REQUEST: Change of Zoning D~strict Class~flcabon from AG-2 Agricultural District to condibonal R-10 Residential D~stnct ADDRESS- 2332 Seaboard Road M.,,-,~ G. Pi Gl~n 2404-54-7746 GPIN: ELECTION DISTRICT: 24045477460000 7 - PRINCESS ANNE Planning Commission Agenda September 10, 2003 JOSEPH G. PIPER / # 4 Page 1 SITE SIZE' STAFF PLANNER: PURPOSE: 1.58 acres Ashby Moss To subdivide the ex~sbng lot ~nto two lots, both of which would conform to the current regulabons for the R-10 Resident,al D~stnct Major Issues: Compabb~l~ty of density with surrounding residential development Maintaining an orderly development pattern dunng changes in Seaboard Road Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoning The property ~s currently developed w~th one s~ngle-fam~ly dwelling constructed ~n 1960 and ~s zoned AG-2 Agricultural D~strict. Surrounding Land Use and Zoning North: South: East: West: · S~ngle-fam~ly dwelling built ~n 1993 / AG-2 Agricultural D~stnct · Four s~ngle-fam~ly dwellings fronbng Huckleberry Tra~l (part of Southgate neighborhood) / R-10 Res~denbal D~stnct · S~ngle-fam~ly dwellings (part of Southgate neighborhood) / R-10 Residential D~stnct · Across Seaboard Road, church / R-20 Res~denbal D~stnct; · Large lot single-famdy homes fronbng Seaboard Planning Commission Agenda September 10, 2003 JOSEPH G. PIPER/#4 Page 2 Road / AG-2 Agricultural D~strict Zoninq and Land Use Statistics With Existing One s~nge family home and other permitted agricultural Zoning: uses With Proposed Zoning: Two s~ngle-fam~ly homes w~th a m~n~mum front yard setback of 75 feet and a m~n~mum I~wng area of 2,500 square feet Zoninq History The apphcant w~thdrew recent requests for a Subdiwsion Variance and Rezonmg to create three s~ngle family lots on the subject s~te The Southgate neighborhood east of the subject s~te was rezoned from AG-1 and AG-2 Agricultural to R-5 Res~denbal (now R-10)~n 1980. The subject property was part of a group of parcels that were resubdiwded ~n 1990 The group of parcels ~ncluded the subject s~te, the four lots ~mmed~ately south of the subject s~te, and the adjacent property just north of the subject s~te Prewously, four parcels fronted Seaboard Road ~n a s~m~lar fashion to ~2 NOR TH the remaining parcels on the east side 1990 Subdivision of Subject and Surrounding Parcels of Seaboard north and south of th~s area A larger parcel was s~tuated behind (east of) the four Seaboard lots and fronted on Huckleberry Tra~l. Just prior to the resubd~ws~on ~n 1990, the area of the four smaller lots fronbng Huckleberry Tra~l was approved for a rezon~ng from AG-2 Agricultural to R-10 Res~denbal on February 26, 1990 Planning Commission Agenda September 10, 2003 JOSEPH G. PIPER/#4 Page 3 A Subdivision Variance request to not ~nstall sidewalks ~n two areas south of the subject s~te was acted upon on August 11, 1992 The developer was required to ~nstall s~dewalks on Huckleberry Tra~l, but was not required to ~nstall a s~dewalk on L~ll~pond Lane leading to the neighborhood park The most recent major zoning acbwty ~n the area occurred ~n 1999 w~th the rezon~ng of the Pnncess Anne Woods property The zoning for th~s property, located on the west s~de of Seaboard Road, was changed from AG-1 and AG-2 Agricultural to R-10 Res~denbal. Air Installation Compatible Use Zone (AICUZ) The site is ~n an AICUZ of 65-70dB Ldn surrounding NAS Oceana. Due to the resulbng ~ncrease ~n res~denbal dwelhngs, the Navy ~s opposed to th~s request Public Facilities and Services Water and Sewer There ~s a 12-inch water ma~n and a 10-~nch sewer ma~n ~n Seaboard Road. The lots must connect to City water and sewer. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Seaboard Road ~n the v~cin~ty of th~s appl~cabon ~s a two-lane undivided res~denbal dead end street The MTP designates the secbon of Seaboard Road between N~mmo (formerly Ferrell) Parkway and Pnncess Anne Road as a 125-foot right-of- way The plan also states that connecbon to N~mmo Parkway w~ll alleviate demand on Princess Anne Road and help reduce traffic through the C~ty's H~stonc D~strict CIP Project #2-107 ~ncludes plans to ~mprove th~s secbon of Seaboard Road to a three-lane und~wded facility and connect ~t to N~mmo Parkway. Construcbon ~s currently esbmated to beg~n ~n 2006 Planning Commission Agenda September 10, 2003 JOSEPH G. PIPER/#4 Page 4 Traffic Calculations' Street Present Volume Present Generated Traffic Name Capacity 240 ADT ~ (b/w northern end of Ex~sbng Land Use z_ 10 Seaboard street and Chddenc Road) 6,200 ADT ADT Road 1,500 ADT (b/w Chddenc Road Proposed Land Use 3_ 20 and Pnncess Anne Road/ ADT Average Da~ly Trips 2 as defined by one smgle-famdy home 3 as defined by two s~ngleofamdy homes Public Safety Police: No comments. Fire and Rescue' No comments. Comprehensive Plan The Comprehensive Plan recommends Iow-dens~ty s~ngle-family res~denbal land use with a density of 3 5 dwelhng units per acre or less. Site Plan / Preliminary Plat: Existing Lot: The ex~sbng lot ~s rectangular ~n shape and contains 1 58 acres The lot was part of a resubd~ws~on that took place ~n 1990 The properties to the north and south of the subject lot were also part of that resubd~v~slon Planning Commission Agenda September 10, 2003 JOSEPH G. PIPER/#4 Page 5 '%-,~ I s ~- .,,,-s'- s,"',,,, 7:';,--; ~--,"' ~ .... _ : --...--.__ ' '1 ! ':' ,..n II~os' ~,,, 'r------/r---_ ..ti L,, I i,/11.5 I g i '--, -"~',-~-".-'~.-' - ti "o"'"' ! ,-, !~~' It', ! , !1 ",~ i Ill ~,, t, ,,,!!-~' i -- 'i '. '"~' - '' '" ........ = ',, , / , }' li ' , , g~' ~0~',',b Emsbng S~te Survey Planning Commission Agenda September 10, 2003 JOSEPH G. PIPER/#4 Page 6 Proposed Lots: It ~s the ~ntent of the applicant to subdivide the property ~nto two lots, both of which would meet all of the requirements of the Subdivision Ordinance. Summary of Proposal Proposal · The applicant proposes to subd~wde the ex~sbng parcel by splitting the lot lengthwise. The R-10 Res~denbal D~strict was chosen because the m~n~mum lot w~dth for th~s d~stnct ~s 80 feet, and the ex~sbng lot ~s only 180 feet All Res~denbal D~stncts w~th lower dens~bes have a m~n~mum lot w~dth of 100 feet Site Desiqn · The preliminary plat shows two lots adjacent to each other. Both are rectangular ~n shape. Lot 5A has a w~dth of 110 feet, and Lot 5B has a w~dth of 81 feet. Both meet the requirements of the Subd~ws~on Ordinance and neither requires a variance · The ex~sting dwelhng can remain and sbll meet setback requirements for the R-10 Res~denbal D~stnct. · The ex~sbng detached garage wdl be removed or relocated so that ~t meets setback requirements The garage w~ll not be converted to a s~ngle-famdy dwelling Because right-of-way was dedicated when th~s property was resubd~v~ded ~n 1990, no additional right-of-way is necessary from the subject property for the current design of the Seaboard Road ~mprovements Vehicular and Pedestrian Access Both lots wdl be required to share a s~ngle driveway dunng the Subdivision Review Process. The Traffic Engineering D~vision of Pubhc Works has commented that no add~bonal access points can be approved for Seaboard Road. Once Seaboard Road becomes a collector facdlty, access management must be exercised to preserve the capacity of th~s roadway as a collector and to prowde for traffic safety by m~n~miz~ng the number of conflict points presented by entrances Planning Commission Agenda September 10, 2003 JOSEPH G. PIPER/#4 Page 7 Architectural Desiqn · The ex~sbng house ~s a one-story ranch style house w~th a large, detached two-car garage. · The proffer agreement states that the new houses will have a minimum of 2,500 square feet of enclosed I~wng area and w~ll have brick fronts Landscape and Open Space · Approximately the rear quarter of the s~te ~s heavdy wooded and ~n a natural state Proffers PROFFER # 1 Staff Evaluation: PROFFER # 2 Staff Evaluation: When the Property ~s developed ~t shall be subdivided ~nto two (2)lots substanbally as depicted on the "PRELIMINARY SUBDIVISION OF LOT 5 SOUTHGATE, PHASE 2-C," dated June 27, 2003 and prepared by Joseph G. P~per, P E. ("Subdivision Plan"), which has been exhibited to the V~rg~nia Beach C~ty Council and ~s on file w~th the V~rg~ma Beach Department of Planning This proffer/s acceptable The proffer simply ensures that the lots w/fl be subd/wded as shown. The m~n~mum front yard setback for any dwelling on the lots depicted on the Subd~wsion Plat shall be one hundred forty feet (140') Any s~ngle family res~denbal dwelling constructed on e~ther lot subsequent to the recordabon of the subd~ws~on shall have a minimum of 2500 square feet of enclosed I~v~ng area and shall have brick as the pnnc~pal exterior front surface of the home. This proffer is acceptable. The standard front yard setback for the R-10 Residential D/stnct is 30 feet. However, due to the unusual length of these properties, a larger setback/s recommended to maintain a consistent pattern with the adjacent property. The minimum riving area and brick front provide some assurance on the future value of the homes on these Planning Commission Agenda September 10, 2003 JOSEPH G. PIPER/#4 Page 8 PROFFER # 3 Staff Evaluation: PROFFER # 4 Staff Evaluation: propeR/es The exisbng detached garage on proposed Lot 5B as depicted on the Subdiws~on Plan shall not be converted to or used as a residence. In add~bon, th~s detached garage must be removed or relocated so as to meet all setback requirements prior to ~ssuance of a Building Permit for a res~denhal dwelhng on Lot 5B. This proffer/s acceptable The exisbng garage would not meet setback requirements ff it remained m ~ts current location Un/ess the garage/s somehow attached to the back of the ex/st/ng dwelling to meet setback requirements,/t wi//have to be removed a/together The garage cannot be/eft as a standa/one structure because it /s too large for an accessory dwelling/n the Res/dent/a/ Districts. Further cond~bons may be required by the Grantee dunng detailed S~te Plan review and admtmstrabon of applicable C~ty Codes by all cognizant C~ty agencies and departments to meet all applicable C~ty Code requirements This proffer reinforces the concept that a rezoning approval does not supersede compliance w/th ordinance and code requirements. Changes to the plan may be required during the detailed p/an review process. City Attorney's Office: The C~ty Attorney's Office has rewewed the proffer agreement dated June 30, 2003, and found ~t to be legally sufficient and ~n acceptable legal form. Evaluation of Request The apphcant's request for a Change of Zoning from AG-2 Agricultural to R-10 Res~denbal ~s acceptable The proposed zoning category is consistent w~th the adJacent Southgate neighborhood and ~s more appropriate for th~s res~denbal property than agncultural zoning. The lots meet the requirements of the Zoning Ordinance, and the Planning Commission Agenda September 10, 2003 JOSEPH G. PIPER / # 4 Page 9 ex~sbng dwelhng meets all setback requirements for the proposed new lot I~nes The ~ncreased front yard setback w~ll ensure a consistent pattern w~th the neighboring house to the north Therefore, th~s applicabon ~s recommended for approval NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable Cit~/ Codes. Planning Commission Agenda September 10, 2003 JOSEPH G. PIPER/#4 Page 10 DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH, VIRGINIA 23460-2168 IN REPLY :~EFER TO Ii000 Set 32/ 0180 May 14, 2003 Ms. Ashby Moss Mun!clpal Center Departmen5 of P!annzng Building 2, Room 100 2405 Courthouse Drmve Vmrg!nma Beach, VA 23456 Dear Pis..~.oss. item 1 on the Plannmng Co~mmss~on Agenda for May 14, 2003, ms a rezonlng re~aest and proposed resmd~qtlal developmenn by Joseph G. Pzper. The sm%e ms located mn the 65-70 decmbe! (dB) day-nzght average (Lc]n) nomse zone. The Navy's Amr Instal!atmons Corapatzbte Use Zones Pro~ram states that residential land use is 9eneral!y mncompatible mn that zone. The Navy ac]~nowiedwes the landowners' desmre to develop themr property, but ask you to deny tke~r request. We would vmew reszdentmal development at thls smse as an encroaclnmaent mssue upon operatmons at Naval Azr Statmon 0ceana. If you have ~y cfuestmons, please contact my Community Planning Lmamson 0ffmcer, Mr. Ray Fmrenze at (75v) 433-3158. Szncerely and ve_--y respectfully, Copy ~O: Commander, Na~y Regzon Mmd-Atlan The Honorable Meyera Oberndorf Vzrgmnza Beach Czty Councm~ Vmrgmnza Beach Plannmng Commzsszon Planning Commission Agenda September 10, 2003 JOSEPH G. PIPER/# 4 Page 11 LOT & -45'-5I'£ l SEABLqAR9 RE]Al) (VAR, R/W) Planning Commission Agenda September 10, 2003 JOSEPH G. PIPER/#4 Page 12 Planning Commission Agenda September 10, 2003 JOSEPH G. PIPER/#4 Page 13 DISCLOSURE STATEM E Applicant's Name' List Ali Current Property Owners APPLICANT DISCLOSURE If the apphcant ~s a CORPORATION, hst alt officers of the Corporation below. (Attach hst ~f necessary) If the applicant ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners m the organ~zabon below (Attach fist ~f necessary) i~"Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. If the apphcant is not the current owner of the property, complete the Propert Owner section below: PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below. (Attach t/st if necessary) if the prooerty owner ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the or§an~zat~on below (Attach fist if necessary) Check here if the property owner ~s NOT a corporation, partnership, firm, or other unincorporated organlzat~¢n CERTIFICATION ! certify that the information contained herein is true and accurate. ~' .,/,~ ~', _~ .' . ~_ . ,~.:~ - S~g~ture x Print Name Cond~bonal Rezon~ng Apphcabon Page 10 of 14 Planning Commission Agenda September 10, 2003 JOSEPH G. PIPER / # 4 Page 14 Item #4 Joseph G P~per Change of Zomng D~stnct Classification 2332 Seaboard Road District 7 Pnncess Anne September 10, 2003 CONSENT Dorothy Wood' The next ~tem ~s Item #4, Joseph P~per It's an Ordinance Change of Zoning D~strlct Classfficat~on from AG-2 to Conditional R-10 It has four proffers Ifs located on Seaboard Road ~n the Princess Anne District Yes s~r Joseph Piper: Hello. My name is Joseph G P~per and I am ~n agreement w~th the proffers 1-4 as ~ndicated and dated August 29, 2003 Dorothy Wood Thank you Mr. Piper Joseph P~per. Thank you Barry Kmght Mr Piper has come before us before when he wanted three lots now he wants two lots and we view the proposed zoning categories consistent w~th the adjacent Southgate neighborhood and ~s more appropriate for this residential property than of course agricultural zoning. The lots meet requirements for the zoning ordinance and the existing dwelling meet all setback reqmrements for the proposed new lot lines. The ~ncreased front yard setback w~ll ensure consistent pattern w~th the ne~ghbonng house to the north. We v~ew this as an appropriate use for th~s property Dorothy Wood. Thank you Is there any opposition to Joseph Piper, an apphcat~on for Change of Zoning in Pnncess Anne D~stricto Hearing none Mr P~pley, I would move to approve th~s consent agenda ~tem number four Joseph Piper w~th four proffers Ronald Pdpley' We have a motion to approve this consent agenda item. Do I have a second* Seconded by Mr Will Din. Is there any d~scuss~on on the morion* Okay, we'll call for the question AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE ABSENT Item #4 Joseph G P~per Page 2 WOOD AYE Ronald R~pley. By a vote of 10-0, the motion passes FORM NO City of Virginia Beach INTER-OFFICE CORRES PONDENCE In Reply Refer To Our File No. DF-5765 DATE: October 1, 2003 TO: Leslie L. Lilley &b DEPT: City Attorney FROM: B. Kay Wilson'~- DEPT: City Attorney Conditional Zoning Application Joseph G. Piper and Jina M. Piper The above-referenced conditional zoning application ~s scheduled to be heard by the City Council on October 14, 2003. I have reviewed the subject proffer agreement, dated June 30, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY AtI~N h Li:VY PC JOSEPH G. PIPER and JINA M. PIPER formerly known as JINA M. WARNE, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30~ day of June, 2003, by and between JOSEPH G. PIPER and JINA M. PIPER, husband and wife, Grantor, party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, the party of the first part is the owner of a certain parcel of property located in the Centerville District of the City of Virginia Beach, containing approximately 1.584 acres which is more particularly described in Exhibit "A' attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and 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 AG-1 to R-10; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes mcompalable uses confhct and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 2404-54-7746 PREPARED BY SYK[S. BOU~D()N AtI~N & L~4Y PC 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 the R-10 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or rifle: 1. When the Property is developed it shall be subdivided into two (2) lots substantially as depicted on the "PRELIMINARY SUBDIVISION OF LOT 5 SOUTHGATE, PHASE 2-C~, dated June 27, 2003 and prepared by Joseph G. Piper, P.E. (~Subdivision Plan'), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The minimum front yard setback for any dwelling on the lots depicted on the Subdivision Plat shall be one hundred forty feet (1407. Any single family residential dwelling constructed on either lot subsequent to the recordation of the subdivision shall have a minimum of 2500 square feet of enclosed living area and shall have brick as the principal exterior front surface of the home. 3. The existing detached garage on proposed Lot 5B as depicted on the Subdivision Plan shall not be converted to or used as a residence. In addition, this detached garage must be removed or relocated so as to meet all setback PREPARED BY ]SY~I:$, ]~OURDON. AttERN & LEVY PC requLrements prior to issuance of a Building Permit for a residential dwelling on Lot 5B. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by 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 varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 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; PREPARED BY ~..~ gYIdE§. ]~OLr~DON Ail[tiN & lIVY Pt' (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 agg~eved 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 avmlable and accessible for public inspection m 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 Virgima Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 PREPARED BY .llffi 9,'~;tX t~OUI~DON ~1~ AtlERN & LtYY P C WITNESS the following signatures and seals: GRANTOR: // /Joseph Cs.,t~iper , ?~J~ma~M. ~(per (SEAL) (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 30th day of June, 2003, by Joseph G. Piper and Jina M. Piper, husband and wife, Grantor. Not~ry Public My Commission Expires: August 31, 2006 PREPARED BY SYKES, ]~OUt~DON, AttERN & LEVY PC EXHIBIT "A' ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Lot 5, as shown on that certain plat entitled, "SUBDIVISION OF SOUTHGATE, PHASE 2-C', dated March 23, 1990, which smd plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virgima Beach, Virginxa, in Map Book 207, at Page 41. GPIN: 2404-54-7746 CONDRE, ZONE/PIPER/PROFFER K. APPOINTMENTS MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION TDEWATER REGIONAL GROUP HOME COMMISSION ! L. UNFINISHED BUSINESS M. NEW BUSINESS N ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V © I M B L DATE October 7, 2003 C E S L PAGE 1 D C M R C A W I J L A N R H N I E E O A D D E M U L W AGENDA Z U N N D O E I E S O ITEM # SUBJECT MOTION VOTE E R E A O R V D V O O L E S N X F E T A N D I BRIEFINGS 1 SPSA Use of Landfill Property Wade Kyle, Waste Management Adrmmstrator 2 Muhammad Trial Plans David C Sullivan. Chief Info Officer Sheriff Paul Lante~ne II/III/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y IV/ SESSION V/V I-E F MINUTES - September 23, 2002 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y H Mayor' s Presentauon Resoluuon In Recognmon of Charleston, S C re Humcane Isabel recovery Ch:ef Jacobs / Chief Deputy Cernera accepted in behalf of the Charleston Mayor & Police Chief I-1 Ordinance to AMEND §401 CZO ,farm ADOPTED BY 10-1 Y Y Y N Y Y Y Y Y Y Y stands CONSENT 2 Ordinance MOU between I-IRT/C~ty re ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y acqmsuon of R-O-W from Nor[olk Southern RR 3 Ordinance to AL'THORIZE encroachment ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y driveway / aprons on South Street / CONSENT Independence Boulevard for Shore Ventures lnc (D~stnct 5 - Bays~de) 4 Ordinance to ACCEPT / APPROPRIATE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y y y y $740.00 from FEMA to Fire Department re CONSENT Urban Search / Rescue Team 5 Ordinance to TRANSFER $683,000 re ADOPTED BY 11-0 Y Y Y Y Y y y y y y y merit pay increases CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE October 7, 2003 C E S L PAGE 2 D C M R C A W I J L A N R H N I E E O A D D E M U L W AGENDA Z U N N D O E I E S O ITEM # SUBJECT MOTION VOTE E R E A O R V D V O O L E S N X F E T A N D 6 Ordinance to TRANSFER $100.000 ADOPTED 11-0 Y Y Y Y Y Y Y Y y y y ADVANCE at Croatan Beach 7 Ordinance to TRANSFER $78,336 City ADOPTED BY 11-0 Y Y Y Y Y Y Y Y y y y Attorney re two full ume employee CONSENT posmons APPOINTMENTS: AGRICULTURE ADVISORY COMMISSION Reappointed 4 yrs term 11-0 Y Y Y Y Y Y Y Y Y Y Y 10/01/03- Kathy Vaughn Lloyd 09/30/07 HISTORICAL REVIEW BOARD Reappmnted 2 yrs terms 11-0 Y Y Y Y Y Y Y Y Y Y Y Stephen J Mansfield 11/01/03 - Geme K~ng West 10/31/05 Appointed 2 yrs terms 11-0 Y Y Y Y Y Y Y Y Y Y Y Glenda Knowles 11/01/03 - Peter Mooz 10/31/05 MINORITY BUSINESS COUNCIL RESCHEDULED B Y C O N S E N S U S TIDEWATER REG GROUP HOME COMM RESCHEDULED L/M NEW BUSINESS 1 Resolution declanng EMERGENCY / ADDED / 11-0 Y Y Y Y Y Y Y Y Y Y Y Authorizing Cay Manager to ~ssue ADOPTED pernuts for sand moving / grading (180 day period) on Chesapeake Bay beaches 2 Abstract of Legal Cases Resolved 9/03 Clerk To Record B Y C O N S E N S U S N ADJOURNMENT 6 35 PM