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HomeMy WebLinkAboutMARCH 9, 2004 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 MARGARET L. EURE, Centerville -Distrtct I REBA S. McCLANAN, Rose Hall- District 3 RICHARD A. MADDOX, Beach - District 6 dim REEVE, Prmcess Anne - District 7 PETER W. SCHM1DT, At-Large RON A. V1LLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K. SPORE C1TY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 9 March 2004 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX(Z57) 426-5669 E- MAIL: Ctycncl~vbgov. com SPECIAL NOTICE: EMERGENCY RESPONSE SYSTEM TUESDAY~ MARCH 9- 10:00 A.M. TO 12:00 NOON ADVANCED TECHNOLOGY CENTER- ROOM H170 ** Return to City Hall** CITY MANAGER'S BRIEFINGS Conference Room A. DREDGING MEANS, METHODS and PROGRAMS Dean Block, Director, Department of Public Works B. LASKIN ROAD GATEWAY Dean Block, Director, Department of Public Works C. SIDEWALK CAFES Mike Eason, Resort Services Coordinator, Convention and Visitor's Bureau D. PARKS AND RECREATION STRATEGY Cindy Curtis, Director. Department of Parks and Recreation E. STRIVING FOR EXCELI,ENCE REPORT James K. Spore, City Manager II. REVIEW OF AGENDA ITEMS 1:00 P.M. III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION Conference Room 4:00 P.M. A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION Council Chamber 6:00 P.M. A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Charles Moseley Pastor, Oak Grove Baptist 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 March 2, 2004 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION- PROCLAMATION IN RECOGNITION "HAMPTON UNIVERSITY DAY" I. PUBLIC HEARING EXCESS CITY-OWNED PROPERTY- Frost Road and Smokey Road J. CONSENT AGENDA Ko ORDINANCES/RESOLUTION o Ordinance to AMEND §§ 35-143, 35-165 and 35-191 ofthe City Code re City Treasurer adding a penalty for late remittance of admission, meal and lodging taxes to conform to § 58.1-3916 of the Virginia Code. . Ordinance to declare EXCESS PROPERTY on a parcel of land at Frost Road and Smokey Road; and AUTHORIZE the City Manager to convey this property to Ronaid J. Raymo. (DISTRICT 4- BAYSIDE) o Ordinance to AUTHORIZE a temporary encroachment into Mill Creek by REGINA M. BUHRMAN to allow an existing wooden pier and proposed stone rip rap at 2901 Sandpiper Road. (DISTRICT 7- PRINCESS ANNE) . Ordinance to ESTABLISH two new Capital Projects and APPROPRIATE $707,278 in FY 2001-02 School Reversion Funds re School Bus Facility Renovation and Expansion AND TRANSFER $75,(100 to High Schools Addition Study. 5. Ordinances to APPROPRIATE: a. $250,410 to the Beach/Major Events program of the Tourism Growth and Investment Fund's (TGIF) FY 2002;-04 budget re Oceanfront Entertainment bo $190,540 re Parks and Recreation's lease-purchase of cardiovascular exercise machines and TRANSFER $23,178 within the Department's budget for acquisition of recreation equipment c. $58,953 from the sale of weapons to Police Officers to the Police Department's 2003-04 budget for purchase of replacement service weapons d. $10,000 donation from Charles Barker Champions for Charity to the Police Department's FY 2003-04 budget re expansion of the Drunk Driving (DUI) Education Program eo $10,046 in State Funds and $25,887 in Gift Funds to the Department of Mental Health, Mental Retardation and Substance Abuse Services (MHMRSA) FY 2003-04 Operating Budget re Day Support Services, Infant Services and SkillQuest Programs . Resolution to amend Resolution 3028 establishing the TASK FORCE ON LAND USE IN AIR INSTALLATIONS COMPATIBLE USE ZONES (AICUZ) to increase their membership to six (6). L. PLANNING 1. RECONSIDERATION: applications ofF. DONALD REID at 3592 Indian River Road: (DISTRICT 7 - PRINCESS ANNE) a. Variance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and to allow a forty-five (45) foot lot subdivision with open space and walking trails in the Transition Area b. Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R20 Residential District c. Conditional Use Permit re Open Space DEFERRED: December 2, 2003 for Sixty (60) days DEFERRED INDEFINITELY: September 23, 2003 APPROVED February 10, 2004 SCHEDULED ADVERTISING FOR RECONSIDERATION February 17. 2004 APPLICANT REQUESTS DEFERRAL TO March 23, 2004 . Application of NORTH LANDING DEVELOPMENT, L.L.C. requesting MODIFICATION of Proffers 1 and 3 for a Conditional Change of Zoning at 2484 North Landing Road. (DISTRICT 7- PRINCESS ANNE) APPROVED BY COUNCIL RECOMMENDATION: February 8, 1994 APPROVAL o Application of VIRGINIA BEACH FREEWILL BAPTIST CHURCH for a MODIFICATION ora Conditional Use Permit to allow 139 children at a Day Care Center at 210 South Witchduck Road (DISTRICT 2 - KEMPSVILLE) APPROVED BY COUNCIL RECOMMENDATION: September 9, 2003 APPROVAL 4. Application of KRAMER RED MILL #20 L.L.C. for a Conditional Use Perm#re automobile repair at Nimmo Parkway and Upton Drive. (DISTRICT 7- PRINCESS ANNE) RECOMMENDATION: APPROVAL 5. Application of SHORELINE INVESTMENTS, L.L.C. for a Conditional Use Permit re used automobile sales at 5409 and 5417 Virginia Beach Boulevard. (DISTRICT 2 - KEMPSVILLE) RECOMMEND ATI ON: AP PRO V AL o Application of CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Change of Zoning from B-3 Central Business to Conditional B-3A Pembroke Central Business Core District at Gmxett Drive and Columbus Street. (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION: APPROVAL Mo APPOINTMENTS BOARD OF BUILDING CODE APPEALS -(a)Plumbing/Mechanical (b)Building Maintenance COMMUNITY POLICY and MANAGEMENT TEAM ~ CSA AT-RISK YOUTH FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE - HREDA HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OPEN SPACE COMMITTEE PARKS and RI:~CREATION COMMISSION PUBLIC LIBRARY BOARD 1. Amend Virginia Beach Code Section 17-3 2. Change Membership to reflect two (2) Students 3. Add a Representative of the Schools to the membership RESORT ADVISORY COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS Po ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD- Telephonic Device for the Deaf) Agenda 03/09/04st www.vbgov.com I. CITY MANAGER'S BRIEFINGS Conference Room 1:00 P.M. A. DREDGING MEANS, METHODS and PROGRAMS Dean Block, Director, Department of Public Works B. LASKIN ROAD GATEWAY' Dean Block, Director, Department of Public Works C. SIDEWALK CAFES Mike Eason, Resort Services Coordinator, Convention and Visitor's Bureau D. PARKS AND RECREATION STRATEGY Cindy Curtis, Director, Department of Parks and Recreation E. STRIVING FOR EXCELLENCE REPORT James K. Spore, City Manager II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION Conference Room 4:00 P.M. A. CALL TO ORDER- 1Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION Council Chamber 6:00 P.M. A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Charles Moseley Pastor, Oak Grove Baptist 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 March 2, 2004 G. AGENDA FOR FOR3IAL SESSION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 12.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from OperL Meeting requirements by Virginia Law were discussed in Closed Session to which this certificaxion resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. MAYOR'S PRESENTATION - PROCLAMATION IN RECOGNITION "HAMPTON UNIVERSITY DAY" Whereas: Whereas: Whereas: In qtebruary 2003, the Oity of Virginia Beach andHampton ~)niversity entered into apublic/privatepartnership which resultedin the establishment of the College of Virginia Beach at the Town Center of Virginia Beach; and That partnership came to fruition with the enrollment of the first students at the College of Virginia Beach in september 2003; and The College of Virginia Beach directly supports the City's "Community fora Lifetime" three-year plan and two associated goals to deve~rp the vaorbforce and provide lifelong learning opportunities for Virginia ~each Otizens; and' The College of Virginia Beach has created22 new jobs in the City of Virginia Beach and is investing $2 milhon annually in equipment, salaries and infrastructure; and Whereas: Enrollments and interest in the Schools of Hursin$, Hotel Management and the Graduate School of Bducation have exceeded expectations at the College of Virginia Beach; and Whereas: The Hilton Garden Inn at the Virginia Beach Town Oenter was stimulated by an $18 mL£1ion investment from the Hampton ~)niversity qroundatiorc' Hew, Therefore, I, Meyera B. Obemdorf, Mayor of the Oity of Virginia Beach, Virginia, do hereby Proclaim: March 9, 2004 9-1ampton )niversity ®ay In Virginia Beach, andon behalf of the Virginia ~each Oity Council,, I commend,, congratulate and thank the leadership ~f Hampton gdni,versityforthis partnership that is so mutually beneficial to Hampton University, the City of Vir[#nia Beach, and the Commonwealth of Virginia. In q,~tness Whereof I have hereunto set my handandcaused the OfficialSealof the Oty of Virginia Beach Virginia, to be affixed this Hinth day of March, TWo Thousand ,~ ~ Mayor I. PUBLIC HEARING EXCESS CITY-OWNED PROPERTY - Frost Road and Smokey Road THE, :.BEACON'. SU-N AY,,FEBRUARY 29, 2004 PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of excess city property on Tuesday, March 9, 2004 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property is located at the Southwest Corner of Frost Road and Smokey Road (GPIN 1479-33-4430). The purpose of this hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs". If you are physically disabled or visually impaired and need assis- tance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303; Hearing impaired, call TDD only 427-4305 (TDD - Tele- phone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Munici- pal Cen~er. The Real Estate Office telephone number is (757)427-4161. Ruth Hodges Smith, MMC City Clerk Beacon February 29, 2004 11151149 J. CONSENT AGENDA r. ORDINANCES/RESOLUTION Ordinance to AMEND §§ 35-143, 35-165 and 35-191 of the City Code re City Treasurer adding a penalty for late remittance of admission, meal and lodging taxes to conform to § 58.1-3916 of the Virginia Code. Ordinance to declare EXCESS PROPERTY on a parcel of land at Frost Road and Smokey Road; and AUTHORIZE the City Manager to convey this property to Ronald J. Raymo. (DISTRICT 4- BAYSIDE) . Ordinance to AUTHORIZE a temporary encroachment into Mill Creek by REGINA M. BUHRMAN to allow an existing wooden pier and proposed stone rip rap at 2901 Sandpiper Road. (DISTRICT 7- PRINCESS ANNE) . Ordinance to ESTABLISH two new Capital Projects and APPROPRIATE $707,278 in FY 2001-02 School Reversion Funds re School Bus Facility Renovation and Expansion AND TRANSFER $75,000 to High Schools Addition Study. 5. Ordinances to APPROPRIATE: a. $250,410 to the Beach/Major Events program of the Tourism Growth and Investment Fund's (TGIF) FY 2003-04 budget re Oceanfront Entertainment b. $190,540 re Parks and Recreation's lease-purchase of cardiovascular exercise machines and TRANSFER $23,178 within the Department' s budget for acquisition of recreation equipment c. $58,953 fro:m the sale of weapons to Police Officers to the Police Department's 2003-04 budget for purchase of replacement service weapons d. $10,000 donation from Charles Barker Champions for Charity to the Police Department's FY 2003-04 budget re expansion of the Drunk Driving (DUI) Education Program eo $10,046 in State Funds and $25,887 in Gift Funds to the Department of Mental Health, Mental Retardation and Substance Abuse Services (MHMRSA) FY 2003-04 Operating Budget re Day Support Services, Infant Services and SkillQuest Programs . Resolution to amend Resolution 3028 establishing the TASK FORCE ON LAND USE IN AIR INSTALLATIONS COMPATIBLE USE ZONES (AICUZ) to increase their membership to six (6). ITEM' MEETING DATE' I CITY OF VIRGINIA BEACH AGENDA ITEM An Ordinance to Amend the City Code Pertaining to Taxation by Updating Penalty Provisions for Late Remittance of Certain Taxes March 9, 2004 Background: The Virginia Code, at: § 58.1-3916, authorizes localities to establish due dates for the payment of local taxes and impose penalties when such taxes are not paid on time. Considerations: The current provisions for meal, lodging and admission taxes impose a penalty of five percent (5%) for late payment of amounts due; this penalty increases each month the tax remains unpaid, to a maximum of twenty five percent (25%). However, Virginia Code § 58.1-3916 only authorizes a late payment penalty of the greater of ten percent (10%) of the amount due or ten dollars ($10.00). Furthermore, § 58.1-3916 provides that it is "the sole authority for local ordinances setting due dates of local taxes and penalty and interest thereon." Attachment: Ordinance Recommended Action: Approval~ ~~ Submitting Department/Agency: City Treasurer t0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO TAXATION BY UPDATING PENALTY PROVISIONS FOR LATE REMITTANCE OF CERTAIN TAXES SECTIONS AMENDED: § 35-143, 35-165 and 35-191 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 35-143, 35-165 and 35-191 of the City Code are hereby amended and reordained, to read as follows: ARTICLE VI. TAX ON PURCHASE OF FOOD AT RESTAURANTS Sec. 35-143. Penalty for late remittance. If any person, whose duty it is so to do, shall fail to remit to the city treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the city ' -= ' '~'' percent, treasurer a penalty in the amount uA five ~ if thc fraction thereof ...... lng whi-=~. the==~,~== ...... =~=~.~= continues to be late not to exceed twenty-five {25) percent in the aggregate, with a m~n~mum pena'=--~=~ of two ~u~=rs (~=.u~) of ten percent (10%) of the amount due or ten dollars ($10.00), whichever is ~reater; provided, however, that the penalty shall not exceed the amount due. penalty for failure to pay the tax due under this article shall not be imposed if it was not the fault of the taxpayer or was the fault 27 of the treasurer. 2 8 COMMENT 29 30 31 32 The penalty provision is amended to conform to requirements of Virginia Code § 58.1-3916. Sections 58.1-3916 prescribes that the maximum penalty for late payment of a tax shall not exceed ten percent (10%) or ten dollars ($10.00). A penalty for late payment of this tax shall not be imposed if the late payment was not the fault of the taxpayer or was due to a mistake by the Treasurer. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ARTICLE VII. TAX ON TR~aNSIENTS OBTAINING LODGING Sec. 35-165. Penalty for late remittance or false return. ~ If any person, whose duty it is so to do, shall file or refuse to remit to the city treasurer the tax required to be collected and paid under this article, within the time and in the amount specified in this article, there shall be added to such tax by the city treasurer a penalty in the amount of five (5) percent, if the failure is for not more than thirty {30) days, with an _ _~ .3 _' ' ' ! ........ J- ' ~tzonal f~ve iS) F=~=~ for each~-~-'~:~w~ .... thzrty (30) days or fraction thereof during w~hic~h the failure continues, not to exceed ' ' ' Ity of two dollars {$2.00) of ten percent (10%) of the amount due or ten dollars (~10.00), whichever is greater; provided, however, that the penalty shall not exceed the amount due. (b) in the case of a false or fraudulent return with intent to defraud the city of any tax due under this article, a penalty of · K'-' -~ J-- . . I IT /~ ~ ....... ====~ t~ percent of the t=. shall be aso=osed against the Ferson required to~v~*ect such tax. A penalty for failure to pay the tax due under this article shall not be imposed if it was not the fault of the taxpayer or was the fault of the treasurer. 5 3 COMMENT 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 The penalty provision is amended to conform to requirements of Virginia Code § 58.1-3916. Sections 58.1-3916 prescribes that the maximum penalty for late payment of a tax shall not exceed ten percent (10%) or ten dollars ($1.0.00). A penalty for late payment of this tax shall not be imposed if the late payment was not the fault of the taxpayer or was due to a mistake by the Treasurer. ARTICLE VIII. ADMISSIONS TAX Sec. 35-191. Penalty for late remittance or false return. ~ If any person, whose duty it is so to do, shall fail or refuse to remit to the city treasurer the tax required to be collected and paid under this article, there shall be assessed a penalty of five (5) pez-cent of the tax due foz the failuze to remit , ' -- _1-1-' ' .... ~ .... =-- with an ~u~t-~onal o=~ ==~ wz the twe~-~tzeth day of the month, =oo=osment- - .... of imposed each ..... ...... ~ ty ' ' ~ ~' ......... ~- =~ ............ with = minimum penalty of two ~-~lazo ~u~ ~e~.u~ ten percent (10%) of the amount due or ten dollars ($10.00), whichever is qreater; provided, however, that the penalty shall not exceed the amount due. (b) In case of a false defzaud the~-~ty of any tax due undez this aztlcle, a penalty of fifty' ~'"=~' pezcent of the tax shall be assessed against the opezatoz of the place of amusement or enteztainment. A penalty for failure to pay the tax due under this article shall not be imposed if it was not the fault of the taxpayer or was the fault of the treasurer. 7 8 COMMENT 79 8O 81 82 83 84 The penalty provision is amended to conform to requirements of Virginia Code § 58.1-3916. Sections 58.1-3916 prescribes that the maximum penalty for late payment of a tax shall not exceed ten percent (10%) or ten dollars ($10.00). A penalty for late payment of this tax shall not be imposed if the late payment was not the fault of the taxpayer or was due to a mistake by the Treasurer. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2004. CA-9053 H-kGG\ordres\proposedk35-143etalord.wpd R2 February 10, 2004 APPR( City ~re(asurer APPROVED AS TO LEGAL SUFFICIENCY' A[t~n~'s OffS& ' CITY OF VIRGINIA BEACH AGENDA ITEM III ITEM: Excess City Property - Southwest Corner of Frost Road and Smokey Road MEETING DATE: March 9, 2004 Background: Ronald J. Raymo has made application to acquire a 5,225 + square foot (.12 acre) parcel of city owned property (the "Property") located in a neighborhood known as Gracetown. Mr. Raymo would like to construct a garage for his personal use, fill Iow lying areas, and landscape if the property is declared in excess of the city's needs and conveyed to him. Considerations: The Excess City Owned Real Property Committee has reviewed the applicant's request and recommends that the Property be declared excess by City Council and conveyed to Mr. Raymo subject to the following terms: Mr. Raymo will reserve to the City of Virginia Beach, Department of Public Utilities an eight foot (8') wide utility easement on the Property along both boundary lines adjacent to public rights-of-way for an existing six inch (6") water line and maintenance and improvements to such water line. Mr. Raymo will resubdivide and eliminate all interior lot lines. No new structures may be constructed on the Property unless in conformance with the city zoning ordinance and subdivision ordinance and without variances of any kind. Public Information:: Advertisement for public hearing as required by §15.2-1800 of the Code of Virginia and advertisement of City Council Agenda. Alternatives: Declare the Property excess of the City's needs and sell to Mr. Raymo. Do not sell to Mr. Raymo and retain as city property. Recommendations: Staff recommends sale of the Property to Mr. Raymo. Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approve ..,. n~, Submitting Department/Agency: Public Work City Ma nager: ~,~.~ ~.~. :LO 13 17 20 22 23 25 AN ORDINANCE DECLARING CERTAIN PROPERTY LOCATED AT THE SOUTHWEST CORNER OF FROST ROAD AND SMOKEY ROAD EXCESS AND AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT OF SALE AND CONVEY SAME TO RONALD J. RAYMO WHEREAS, the City of Virginia Beach acquired ownership of a certain parcel of real property containing approximately 0.12 acres, located at the southwest corner of Frost Road and Smokey Road (GPIN: 1479-33-4430)in the City of Virginia Beach, Virginia, (the Property) recorded in Deed Book 2314, at page 1789; and WHEREAS, the City Council is of the opinion that the Property shown on the "LOCATION MAP SHOWING EXCESS CITY OWNED PROPERTY FROST ROAD AND SMOKEY ROAD", attached hereto as Exhibit A, is in excess of the needs of the City of Virginia Beach. WHEREAS, Ronald J. Raymo has proposed to purchase the Property from the City for a purchase price of FIVE THOUSAND DOLLARS ($5,000.00). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Property is hereby declared to be in excess of the needs of the City and that the City Manager is hereby authorized to execute an Agreement of Sale and any necessary documents of effectuate the sale of the Property to Ronald J. Raymo. 2. That the City's staff approved FIVE THOUSAND DOLLARS ($5,000.00) as the sale price of the Property. 3. That Ronald J. Raymo will reserve to the City of Virginia Beach, 2'7 Department of Public Utilities an eight foot (8') wide utility easement on the Property along both boundary lines adjacent to public rights- of-way for an existing six inch (6") water line and maintenance and 3o improvements to such water line. 4. That the Property and Mr. Raymo's adjacent property shall be 32 resubdivided to eliminate interior lot lines for GPIN 1479-33-4430 and GPIN 1479-33-4377 (also known as Lots 30 and 29). 5. That the Property shall be conveyed in accordance with the attached Summary of Terms marked as Exhibit B, and such other terms, conditions or modifications as may be satisfactory to the City .37 Attorney. 38 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the~ day of 2004. PREPARED: February 25, 2004 42 CA#9116 APPROVED AS TO CONTENT Public Works APPROVED AS TO LEGAL SUFFICIENCY Department of Law Exhibit A ! / \\ \ N \\ ! FR©ST.DGN M.J.S. EXCESS FROST ROAD AND SCALE' 1" = LOCATION MAP SHOWING CITYOWNED PROPERTY SMOKEY 100' PREPARED BY PA, V ROAD ENG. CADD DEPT. tAN q~ '~,~ -~ Exhibit B SUMMARY OF TERMS SELLER: City of Virginia Beach PURCHASER: Ronald J. Raymo PROPERTY: Approximately 0.12 acres SALE PRICE: FIVE THOUSAND DOLLARS ($5,000.00) fair market value CONDITIONS OF SALE: The Buyer will reserve to the City of Virginia Beach, Departmem of Public Utilities an eight foot (8') wide utility easemem on the Property along both boundary lines adjacem to public rights-of-way for an existing six inch (6") water line and maintenance and improvements to such water line. The Buyer will submit a site plan for review and approval by the Planning Department prior to any construction. The Property shall be resubdivided to eliminate interior lot lines for GPIN 1479-33- 4430 and GPIN 1479-33-4377 (also known as Lots 30 and 29). BUHRMAN SANDPIPER. DGN MJ.S. // LOCATION MAP PROPERTY SHOWING OF REGINA M. BUHRMAN LOCATED AT 2901 SANDPIPER ROAD SCALE:I" = 200' PREPARED BY P/W ENG. CADD DEPT. FEB.2004 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MEETING DATE: Encroachment Request: Wooden Pier and Stone Rip Rap Location: 2901 Sandpiper Road Applicant: Regina M. Buhrman March 9, 2004 Background: Regina M. Buhrman, has requested permission to encroach into a portion of existing City Property. known as Mill Creek, located at the rear of 2901 Sandpiper Road, in the Sandbridge Beach community. The purpose of this encroachment is to allow an existing wooden pier and proposed stone rip rap. Considerations: Construction of the stone dp rap and continued allowance of the wooden pier will not be a detriment to maintenance of the canal, based on staff review. There are existing improvements of this nature bordering either side of the waterway, in the vicinity of the subject property. Regarding the bulkhead and/or dp rap: The Department of Public Works supports the utilization of "hardened slope stabilization" methods including bulkheading, grouted rip-rap and dp-rap with filter cloth to minimize and prevent soil loss along bank slopes associated with open drainage ditch, canal and lake systems. These methods are successful in areas with soil types classified as highly erodible, specifically during major rainfall events which create high velocities and wave action along bank slopes due to high winds. Public Information: Advertisement of Council Agenda. Altematives: Approve encroachment with recommended conditions, deny the encroachment or add conditions as desired. Recommendations: Staff recommends approval of this request. Attachments: Ordinance, Agreement, Plat and Location Map Recommended Action: Approval Submitting Department/Agency: PW/Real Estate Office City Manager:~~~- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE /% TEMPORARY FNCROACHMENT INTO A PORTION OF THE CITY OWNED PROPERTY KNOWN AS MILL CREEK, BY REGINA M. BUHRMAN, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Regina M. Buhrman, desires to construct and maintain a proposed stone rip rap and maintain an existing wooden pier, upon the City's property located at the rear of 2901 Sandpiper Road. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's properties, subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Regina M. Buhrman, her heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a proposed stone rip rap and maintain a temporary encroachment for existing wooden pier on the City's property as shown on the map entitled: "Exhibit A, PLAN VIEW FOR: MRS. GINA BUHRMAN 7416 TIMBERROCK RD. FALLS CHURCH, VA 22043," dated 8108103 and revised 12/15/03, a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are 28 29 3O 31 32 33 34 35 36 expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Regina M. Buhrman (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Regina M. Buhrman and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the~ 3 ? day of ,2004. 38 APPROVED AS TO CONTENTS c. 4~. DEPARTMENT 43 44 45 46 47 48 49 APPROVED AS TO LEGAL SUFFICIENCY AND,~ORNI ClTY ATTORNE~f ~ CA- ~ll t~.~ PREPARED: 1/21/04 H:\WP\ENCROACH\Buhrman\Ordinance. Feb. 9,2004.wpd PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(a)(3) AND 58.1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~... day of~f~.)O~t ,2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal c6rporation, Grantor, "City", and REGINA. M. BUHRMAN, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Tract C, Sec. 1, Lot 83, Sandbridge Beach," on a plat recorded in Map Book 41, at Page 7, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and being further designated and described as 2901 Sandpiper Road, Virginia Beach, Virginia 23456. WHEREAS, it is proposed by the Grantee to construct and maintain proposed stone rip rap and maintain an existing wooden dock, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Mill Creek, at the rear of 2901 Sandpiper Road, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue ~Lo the Grantee and for the further consideratio'n of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2433-35-3072 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PLAN VIEW FOR: MRS. GINA BUHRMAN 7416 TIMBEROCK RD. FALLS CHURCH, VA 22043," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee a~ees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and a~eed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, REGINA M. BUHRMAN, the said Grantee has caused this Agreement to be executed by her signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk R6gina M. Buhrman STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 200,4, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary 'Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: BEACH. The foregoing instrument was acknowledged before me this __ day of ,2004., by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA My Commission Expires: Notary Public STATE OF '~' CITY/COUNTY OF ~c-~9 i'f~,,,, , to-wit: The RMAN -- foregoing instrument was acknowledged before me thc._/., day of ~~ ,2004, by REGINA M. BUH / / / My Commission Expires: ! [ ~gl/O0 APPROVED AS TO LEGAL ~ SUFFICIENCY ~ / APPROVED AS CONTENT TO A-FO LE~$ H. BP~O(~r~, ,lB. No. b.394 AD-~RCEHT PROPERTY OWNERS ' Z) 2) 5CAL~-: I" = ?_.0' CITY OF vA STAT~ ¥~ APPLICATION DATE CITY OF VIRGINIA BEACH AGENDA, ITEM ITEM: Appropriate $707,278 of school reversion funds for a School Bus Facility project and transfer $75,000 for High Schools Addition Study MEETING DATE: March 9, 2004 Background: On December 17, 2002, the School Board adopted a resolution requesting that City Council appropriate School reversion funds in the amount of $7,493,278 to various schools capital projects. The amount included $707,278 for renovation or replacement of bus garage facilities and/or site acquisition as required. On February 4, 2003, City Council adopted an ordinance that appropriated all of the funds as requested by the School Board, except for the amount requested for the bus garage facility. This appropriation was delayed for a study on possible future consolidation effort with the City's vehicle maintenance operation to be completed. As a separate matter, on February 17, 2004, the School Board adopted a resolution requesting that City Council create a new capital project 1-034, "High Schools Addition Study," and that the Council approve the transfer of $75,000 to this new project from 1-062, "ADA School Modifications." Considerations: After a recent meeting, the City/Schools Service Consolidation Comrnittee recommended that the $707,278 originally designated for a school bus garage facility be appropriated to a Schools capital project. Alternatives: No other source of funding is available to meet this request. Recommendations: Adoption of Ordinance Attachments: Appropriation Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Beach City Public Schools City Manage~~ perintendent AN ORDINANCE TO ESTABLISH TWO NEW CAPITAL PROJECTS, TO APPROPRIATE $707,278 IN FY 2001-02 VIRGINIA BEACH SCHOOL REVERSION FUNDS TO PROJECT %1-078, "SCHOOL BUS FACILITY RENOVATION/EXPANSION," AND TO TRANSFER $75,000 TO PROJECT %1-034, "HIGH SCHOOLS ADDITION STUDY" 9 WHEREAS, on February 4, 2003, the City Council postponed an 10 appropriation of $707,,278 of FY 2001-02 school reversion funds to a 11 proposed School bus facility pending further study; 12 WHEREAS, the City/School Service Consolidation Committee has 13 recommended that the proposed School bus facility be funded; and 14 WHEREAS, on February 17, 2004, the School Board adopted a 15 resolution to transfer $75,000 to newly created project %1-034, 16 "High Schools Addition Study." 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 1. That Capital Improvement Projects %1-078, "School Bus 20 Facility Renovation/Expansion," and #1-034, "High Schools Addition 21 Study," are hereby established in the FY 2003-04 Capital Budget. 22 2. That $707,278 of FY 2001-02 Virginia Beach School 23 reversion funds is hereby appropriated to CIP %1-078, "School Bus 24 Facility Renovation/Expansion." 25 26 3. That $75,000 is hereby transferred from CIP #1-062, "ADA School Modification,'~' to CIP %1-034, "High Schools Addition Study." 27 28 29 on the Adopted by the Council of the City of Virginia Beach, Virginia day .of 2004. CA-9147 GG\orders \ReversionFundord. doc R-1 March 2, 2004 APPROVED AS TO CONTENT Management Services APPROVED AS TO LEGAL SUFFICIENCY ity Attorney's Office ~ CiTY OF VIRGINIA BEACH AGENDA ITEM ITEM: Appropriation of FY 2001, 2002 and 2003 Special Revenue for Major Events MEETING DATE: March 9, 2004 Background: In May 1991, the City Council of Virginia Beach approved a % percent increase in the Transient Lodging Tax and established a citywide entertainment program at the request of the Virginia Beach Hotel/Motel Association. The Major Events Program has enjoyed over a decade of recognition for its appeal to families who visit or reside in Virginia Beach. From the standpoint of economic retum, the program has been successful in meeting its objective of increasing visitation in the shoulder season and distinguishing Virginia Beach among its competitors. Considerations: The % ¢ tax designated for this program has been projected annually and appropriations estimated. When taxes collected exceed the appropriation, the program is under funded. Historically the Major' Events Program was paid the under funded amounts for 1991 - 1995. For 1994/1995, 1995/1996, 1996/1997 and 1998/1999 the program was over funded to the degree that no additional funding was due the program up through and including FY 1999/2000. At the end of 1999/2000 the cumulative over funding of the program was $3,897. As the city's tourism industry enjoyed increases in visitation and tax revenues, by the end of 2000/2001, the % ¢ tax had produced sufficient tax revenue that the program again became under funded by a net amount of $24,694. For FY 2001 ~2002 the program was again under funded by $66,929, which brought the amount due the program to $91,623. As a new trend emerged, leaving the program appropriation under funded, a request was made to appropriate the $91,623. Action on the funding request was deferred pending completion of the City Audit. While this action was pending, the 2002~2003 fiscal year ended, producing an additional amount due the program of $158,787, bringing the total unappropriated funds for the program to $250,410. FY 200012001 $ 24,694 FY 200112002 66,929 FY 200212003 158~787 Total $ 250,410 In order to eliminate prograrn-funding delays, a new process has been established by Management Services to accumulate revenues in the Tourism Growth Investment Fund (TGIF) as they are earned and manage the program on a pay-as-you-go basis. · Public Information: Public Information will be through the normal means. · Alternatives: N/A Recommendations: Appropriate $ 250,410 to allow a true-up of the taxes collected for the purpose requested by the Virginia Beach Hotel/Motel Association and ordained by City Council, to provide the Special Events Committee with an up-to-date accounting of funds available for programming, and to provide the Special Events contractor adequate funding for start-up costs for the upcoming season. Recommended Action: Appropriation of $ 250,410 into TGIF/Major Events Program Account from the fund balance of the General Fund. This action provides the needed fund "true-up" and allows the transition to the TGIF pay-as-you-go basis developed by Management Services. Submitting Department/Agency: Convention and Visitors Bureau City Manager:~ AN ORDINANCE TO APPROPRIATE $250,410 FROM FUND BALANCE OF THE GENEP~AL FUND TO THE TOURISM GROWTH AND INVESTMENT FUND'S FY 2003-04 OPERATING BUDGET TO FUND OCEANFRONT ENTERTAINMENT WHEREAS, $250,410 of additional revenues have accumulated 9 to the fund balance of the General Fund and should be 10 appropriated to the Beach/Major Events Program in the Tourism 11 Growth and Investment Fund ("TGIF"). 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, Virginia: 14 That $250,410 of fund balance from the General Fund is 15 hereby appropriated to the TGIF Fund in the FY 2003-04 Operating 16 Budget to fund Oceanfront entertainment, with revenues increased 17 accordingly. 18 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia on the day of , 2004. CA-9131 H: ~GG~orders~beacheventord. doc R-2 February 20, 2004 Approved as to Conte. nt: Manag~n~en~? Services / / Approved as to Legal Sufficiency: City Atto~neklzfs Office ITEM: MEETING DATE: I II I CITY OF VIRGINIA BEACH AGENDA ITEM II Cardiovascular Equipment Lease March 9, 2004 Background: The Department of Parks and Recreation desires to fund the acquisition of exercise equipment with a lease-purchase agreement. This equipment (cardiovascular exercise machines) will replace old machines at five of the City's community recreation centers. (Out of 81 pieces of equipment, 44 % is greater than 9 years old, and 77 % is. greater than 5 years old.) Given the age and heavy use of the existing equipment, recreation center patrons often find machines that are broken or being serviced. As a point of reference, the current industry standard for equipment replacement in health and fitness clubs and gymnasiums is one year. Considerations: Using a lease-purchase agreement to obtain this equipment, in lieu of purchasing it outright, will save approximately $50,000 over a 3-year period, based on the equipment cost and warranty savings. Furthermore, recreation center users will have access to state-of-the-art cardiovascular equipment with minimal equipment maintenance down time. The lease-purchase agreement includes full maintenance for the three-year term, ending the need for extra cost maintenance agreements. The Department will also be able to increase its inventory by 13 pieces, to 94 total pieces. Before the Department may enter into the lease-purchase agreement, the City Council must appropriate the full lease-purchase proceeds of $190,540. Entering into a lease- purchase agreement increases the City's overall debt level (not constitutional debt, but debt as considered by rating agencies), but the increase in this case will have minimal impact. Funding for the first year's payments also must be transferred within the Department's Operating Budget, since the Department originally contemplated leasing the equipment without a purchase option. Public Information: Public information will be handled through the normal Council Agenda notification process. Alternatives: The community recreation centers can continue with the past practice of purchasing equipment when funds are available, and maintaining/repairing equipment as needed. However, due to the advanced age and condition of much of the existing equipment, it would take several years and a significantly greater financial investment to provide the needed equipment. · Recommendations: Adoption of the Ordinance · Attachments: Ordinance Recommended Action: Approve Ordinance Submitting Department/Agency: Department of Parks and Recreation City Manager~ ~ H:\GG\orders~Parks & Rec Equipment Lease.arf. doc AN ORDINANCE TO APPROPRIATE $190,540 FROM THE PROCEEDS OF A LEASE PURCHASE FINANCING TO THE DEPARTMENT OF PARKS AND RECREATION, AND TRANSFER $23,178 WITHIN THE DEPARTMENT'S BUDGET, FOR THE ACQUISITION OF RECREATION EQUIPMENT 7 WHEREAS, the Department of Parks and Recreation has determined 8 that entering into a lease-purchase agreement will provide more 9 timely replacement of recreation equipment and maintenance cost 10 savings. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That $190,!540 in proceeds from a lease-purchase financing 14 is hereby appropriated to the Department of Parks and Recreation's 15 FY 2003-04 Operating Budget for the acquisition of recreation 16 equipment. 17 2. That $23,178 is hereby transferred within the Department 18 of Parks and Recreation's FY 2003-04 Operating Budget to make the 19 debt payments as required by the recreation equipment lease- 20 purchase agreement. 21 3. That estimated revenue from the proceeds of a lease- 22 purchase financing is hereby increased in the FY 2003-04 Operating 23 Budget by $190,540. 24 Adopted by the Council of the City of Virginia Beach, Virginia 25 on the day of , 2004. 26 CA-9136 H.'korders\Parks & Rec Equipment Lease.ord.doc R2 - February 26, 2004 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney'~~e CITY OF VIRGINIA BEACH AGENDA ITEM , ,, ITEM: Purchase of Replacement Police Service Weapons MEETING DATE: March 9, 2004 · Background: The current model service weapon, which has been issued to sworn personnel since the mid to late 1980s, have not met the Police Department's expectations for reliability and functionality. Police staff reviewed alternatives and determined that there is a more functional, reliable, and affordable service weapon available. The preferred service weapon is lighter, easier to operate under stressful conditions, more durable, easier to repair and maintain, and easier to shoot. It also costs less than the current model. Beginning with the August 2002 recruit academy, a new model service weapon was issued to recruits attending the academy. These weapons were purchased with appropriated funds in the Police Department's operating budget. Since that time, additional replacement service weapons have been funded through a combination of the general operating budget and appropriations from the "Police Store Fund" and the department's Property and Evidence accounts. The Police Department would like to replace all remaining service weapons with the new model at the earliest opportunity. Another funding source exists which can assist and expedite the replacement program, and reduce the impact on the general fund's operating budget. Virginia Beach police officers have had the opportunity to purchase, with their personal funds, the old model service weapon as these weapons have been taken from street service. This "buy back" program conforms to city, state, and federal regulations. The Police Department requests that these funds be appropriated for use in the replacement program. On March 23, 2003, City Council appropriated a total of $143,000 from the "Police Services Fund" and the Police Department's "Property and Evidence" accounts to help reduce the impact on the general fund for this project. · Considerations: There is $58,953 from the "sale of weapons" fund. These funds can be used to purchase 120 replacement weapons and holsters. · Public Information: Public information will be provided through the normal Council Agenda process. · Alternatives: Use of these funds would allow the department to expedite the replacement process without solely relying upon the operating budget. Replacing all weapons within a short period of time has significant advantages for training and equipment maintenance. Phasing weapons in over several years requires the department to provide training programs on two types of weapons. · Recommendations: It is recommended that City Council appropriate $58,953 from the sale of weapons fund to accelerate the purchase of the new model of service weapon for all sworn personnel. · Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police City Manager:~lL- ~,~ AN ORDINanCE TO APPROPRIATE $58,953 IN REVENUE FROM THE SALE OF WEAPONS TO POLICE OFFICERS TO THE POLICE DEPARTMENT'S FY 2003- 04 OPERATING BUDGET FOR THE PURCHASE OF REPLACEMENT SERVICE WEAPONS WHEREAS, Virginia Beach police officers have the opportunity to purchase older model service weapons for personal use, with the revenue from the sale dedicated to the purchase of 9 newer model service weapons. l0 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY !! OF VIRGINIA BEACH, Virginia: 12 That $58,953 in revenue from the sale of weapons to police 13 officers is hereby appropriated to the Police Department's FY 14 2003-04 Operating Budget, to purchase newer model service 15 weapons, with revenue increased accordingly. Adopted by the Council of the City of Virginia Beach, 17 Virginia on the day of , 2004. CA-9135 GG/orders/Police Weapons Replacement. ord Feb. 24, 2004 R2 Approved as to Content: n---age~ ~er-~ll cg~ Approved as to Legal Sufficiency: City Attorney's'Office ITEM: MEETING DATE: CITY OF VIRGINIA BEACH AGENDA ITEM Monetary Donation to the Police Department March g, 2004 Background: Charles Barker Champions for Charity donated $10,000 to the Police Department that will supplement city funds for the "Every 15 Minutes" program and the "Options, Choices, and Consequences" program. Both of these programs are coordinated by the Police Department's Crime Prevention Unit and offered to high school students. Considerations: This donation will allow for the expansion of these programs through the purchase of additional equipment and supplies. In particular, the "Every 15 Minutes" program is a complex event to plan ;and hold. Public Information: Public Information will be handled through the normal Council agenda process. Alternatives: Without the donation, the programs will be held, but without various enhancements. Recommendations: It is recommended that Council accept and appropriate the generous donation by Charles Barker Champions for Charity from the Police Department's Donation Gift Fund. Attachments: Ordinance Recommended Action: Approval Submitting Department/A,qency: Police Department City Manage~Y'~ L' %O~ H:kPolicy and Administration\GG\OrdRes\l 5 minutes arf. DOC AN ORDINANCE TO ACCEPT AND APPROPRIATE A $10,000 DONATION FROM CHARLES BARKER CHAMPIONS FOR CHARITY TO THE POLICE DEPARTMENT'S FY 2003-04 OPERATING BUDGET FOR EXPANSION OF THE DRUNK DRIVING EDUCATION PROGRAM 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, Virginia: 9 That a $10,000 donation from Charles Barker Champions for 10 Charity is hereby accepted and appropriated to the Police 11 Department's FY 2003-04 Operating Budget to expand the drunk 12 driving education program, with revenue increased accordingly. 13 Adopted by the Council of the City of Virginia Beach, 14 Virginia on the da.y of CA9126 H:\GGkOrdReskl5 Minutes Ord. doc R-1 February 11, 2004 Approved as to Content · 2004. Approved as to Legal Sufficiency C-i=y A%t~rney's Of~Je ~ g ITEM: MEETING DATE: CITY OF VIRGINIA BEACH AGENDA ITEM An Ordinance to Appropriate $10,046 in State Funds and $25,887 in the Gift Funds to the Department of Mental Health, Mental Retardation and Substance Abuse Services' FY 2003-04 Operating Budget to Fund Equipment, Day Support Services, Infant Services Program and the SkillQuest Program March 9, 2004 Background: The Department requests that City Council appropriate the following revenues to the FY2003-2004 Operating Budget $10,046 in one-time state general funds from the Omnibus Budget Reconciliation Act (OBRA) for assistive equipment and day support services $16,695 from the estate of Margaret E. Ward in the Gift Fund to Infant Program $9,192 in the Girl Fund from various donations to SkillQuest Program to pay for landscaping services. Considerations: These one-time state timds and Gift Fund revenues are not included in the Department's FY 2003-2004 Operating Budget and thus have not been appropriated. No additional City funds are required as a part of this request. Public Information:: The initiatives being funded with the additional revenue have been discussed and approved by the Corm~unity Services Board at its regular meeting on February 26, 2004. All other public information will be handled through the normal Council agenda process. Recommendations: It is recommended that City Council approve the following: Appropriation of $10,046 in one-time state general funds (OBRA) to pay for a customized wheelchair ($3,916) and day support services ($6,130) approved by the state Department of MH/MR/SAS. Appropriation of :t;16,695 from the Gift Fund to provide scholarships to families for developmental classes, and to purchase books, supplies, and activity equipment for use at the Infant Services Program. Appropriation of $9,192 from the Girl Fund to pay for landscaping services to create a garden at the SkillQuest Program for consumers and their families who participate in program activities provided by the Department's Mental Retardation Services Division. · Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: MH/MR/SAS ,~~~~ ~... ' ~' City Manager:~ ~--- · ~~ H~GG\orders\orders~MHMRSAS Gift Fund Arf. doc 1 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO APPROPRIATE $10,046 IN STATE FUNDS AND $25,887 IN THE GIFT FUNDS TO THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES' FY 2003-04 OPERATING BUDGET TO FUND EQUIPMENT, DAY SUPPORT SERVICES, THE INFANT SERVICES PROGRAM AND THE SKILLQUEST PROGRAM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 1. That $10,046 of state funds from the Virginia 13 Department of Mental Health, Mental Retardation, and Substance 14 Abuse Services is hereby appropriated to the FY 2003-04 Operating 15 Budget of the Department of Mental Health, Mental Retardation and 16 Substance Abuse Services to fund equipment purchases and day 17 support services. 18 2. That $25,887 in gift funds is hereby accepted and 19 appropriated to the FY 2003-04 Operating Budget of the Department 20 of Mental Health, Mental Retardation and Substance Abuse Services 21 to support the Infant Services Program and the SkillQuest Program. 22 3. That in the FY 2003-04 Operating Budget, estimated 23 state revenue is hereby increased by $10,046, and estimated gift 24 fund revenue is hereby increased by $25,887. 25 26 27 on the 28 29 Adopted by the Council of the City of Virginia Beach, Virginia day of , 2004. Requires an affirmative vote by a majority of the members 30 of City Council. 31 CA-9139 H:/GG/orders/MHMRSAS Gift Fund Ord. doc R3 February 26, 2004 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorn~'s Office ITEM: MEETING DATE' CITY OF VIRGINIA BEACH AGENDA ITEM Resolution Increasing the Number of Members of the Task Force on Land Use in Air Installations Compatible Use Zones (AICUZ) March 9, 2003 Background: On December 9, 2003, the City Council established the Task Force on Land Use in Air Installations Compatible Use Zones (AICUZ) (the "Task Force"). The Resolution provided that the Task Force was to be comprised of five (5) members appointed by City Council. On February 24, 2004, the City Council appointed the Commanding Officer of NAS Oceana as a member of the Task Force. Considerations' The proposed Resolution increases the membership of the Task Force to six (6) members, retroactive to February 24, 2004, and reaffirms the remainder of the provisions of the original Resolution establishing the Task Force. Public Information: No special form of advertising or other public notice is necessary. · Recommendations: Adoption of the resolution. · Attachments: Resolution Recommended Action: Approval Submitting Department/AgencY: City Attorney's Office City Manager~~ A RESOLUTION INCREASING THE NUMBER OF MEMBERS OF THE TASK FORCE ON LAND USE IN AIR INSTALLATIONS COMPATIBLE USE ZONES (AICUZ) WHEREAS, by Resolution No. 3028, adopted on December 8 9, 2003, the City Council established the Task Force on Land Use 9 in Air Installations Compatible Use Zones (AICUZ) (the "Task 10 Force"); and 11 WHEREAS, the aforesaid Resolution provided that the 12 Task Force was to be comprised of five (5) members appointed by 13 City Council; and 14 WHEREAS, the City Council deems it appropriate to 15 expand the membership of the Task Force; 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 17 CITY OF VIRGINIA BEACH, VIRGINIA: 18 FIRST: 19 That the Task Force on Land Use in Air Installations 20 Compatible Use Zones (AICUZ) shall be comprised of six (6) 21 members appointed by the City Council; 22 Second: 23 That all other provisions of Resolution No. 3028 shall 24 remain in full force and effect; and 25 THIRD: 26 That this Resolution shall apply retroactively to 27 February 24, 2004. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the day of , 2004. CA-9143 OID/ordres/AICUZmemberres. doc R-2 February 27, 2004 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office L. PLANNING 1. RECONSIDERATION: applications ofF. DONALD REID at 3592 Indian River Road: (DISTRICT 7 - PRINCESS ANNE) Variance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and to allow a forty-five (45) foot lot subdivision with open space and walking trails in the Transition Area b, Change qfZoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R20 Residential District c. Conditional Use Permit re Open Space DEFERRED: December 2, 2003 for Sixty (60) days DEFERRED INDEFINITELY: September 23, 2003 APPROVED February 10, 2004 SCHEDULED ADVERTISING FOR RECONSIDERATION February 17.2004 APPLICANT REQUESTS DEFERRAL TO March 23, 2004 . Application of NORTH LANDING DEVELOPMENT, L.L.C. requesting MODIFICATION of Proffers ] and 3 for a Conditional Change of Zoning at 2484 North Landing Road. (DISTRICT 7 - PRINCESS ANNE) APPROVED BY COUNCIL RECOMMENDATION: February 8, 1994 APPROVAL . Application of VIRGINIA BEACH FREEWILL BAPTIST CHURCH for a MODIFICATION of a Conditional Use Permit to allow 139 children at a Day Care Center at 210 South Witchduck Road (DISTRICT 2 - KEMPSVILLE) APPROVED BY COUNCIL RECOMMENDATION: September 9, 2003 APPROVAL 4. Application of KRAMER RED MILL//20 L.L.C. for a Conditional Use Permitre automobile repair at Nimmo Parkway and Upton Drive. (DISTRICT 7- PRINCESS ANNE) RECOMMENDATION: APPROVAL 5. Application of SHORELINE INVESTMENTS, L.L.C. for a Conditional Use Permit re used automobile sales :at 5409 and 5417 Virginia Beach Boulevard. (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL o Application of CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Change of Zoning from B-3 Central Business to Conditional B-3A Pembroke Central Business Core District at Garrett Drive and Columbus Street. (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION: APPROVAL THE BEACON StJNDAY, FEBRUARY 22, 2004 SUNDAY, FEBRUARY 29, 2004 NOTICE OF' PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, 'Tuesday, March 9, 2004, 6:00 p.m. The following applications will be heard: DISTRICT $ - LYNNHAVEN 1. · City of Virginia Beach Development Authority Application: ChanAe of Zoning District Classification from B-3 Central Business to Condition; B-3A Pembroke Central Bl~siness Core District at the northwest inter- section of Garrett Drive and Columbus Street. The Comprehensive PI identifies this site as being within the Pembroke Strategic Growth Area. DISTRICT 2 - KEMPSVlLLE 2. Shoreline Investments, L.L.C. Application: Conditional Use Permit for motor vehicle sales (used) at 5409 and 5417 Virginia Beach Boulevard. 3. Virginia Beach Freewill Baptist Church Application: Modification of a Conditional Use Permit for a child care center, approved by City Coun cil on September 9, 2003, at 210 South Witchduck Road. DISTRICT 7 - PRINCESS ANNE 4. Kramer Red Mill #20, L.L.C. Application: Conditional Use Permit for; automobile repair establishment on the south side of Nimmo Parkwa 5. · North Landing Development, L.L.C. Application: Modification of Cond tions for a request approved by City Council on February 8, 1994 at 2484 North Landing Road. All interested parties are invited to attend. Ruth Hodges Smith, MI', City Clerk If you are physically disabled or visually impaired and need assis- tance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303; Hearing impaired; call TDD only 427-430S (TDD- Tele- phonic Device for the Deaf). BEACON: Feb, uaw 22 and February 29, 2004 1113631. NOTICE OF PUBUC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, March 9, 2004, at 6:00 p.m. The following applications will be heard: DISTRICT 5 - LYNNHAVEN 1. · City of Virginia Beach Development Authority Application: _C_han~e of Zoning District Classification from B,3 Central Business to Conditional B-3A Pembroke Central Business Core District at the northwest inter- section of Garret[ Drive and Columbus Street. The Comprehensive Plan identifies this site as being within the Pembroke Strategic Growth Area. DISTRICT 2 - KEMPSVILLE 2. Shoreline Investments, L.L.C. Application: Conditional Use Permit :or motor vehicie sales (used) at 5409 and 5417 Virginia Beach Boulevard. 3. Virginia Beach Freewill Baptist Church Application: Modification of a Conditional Use Permit for a child care center, approved by City Coun- cji on September 9, 2003, at 210 South Witchduck Road. DISTRICT 7 - PRINCESS ANNE 4. Kramer Red Mill #20, L.L.C. Application: Conditional Use Permit for an automobile repair establishment on the south side of Nimmo Parkway. 5. North Landing Development, L.L.C. Application: Modification of Condi* tiQns for a request approved by City Council on February 8, 1994 at 2484 North Landing Road. All interested parties are invited to attend. Ruth Hodges Smith, MMC City Clerk if you are physically disabled or visually impaired and need assis- tance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303; Hearing impaired, call TDD only 427-4305 (TDD ~ Tele- phonic Device for the Deaf). BEACON: February 22 and Februa~' 29, 2004 11136313 SYKES. t OUtlDON, lll A.[2N & P.C. The Honorable Meyera E. Oberndorf Vice Mayor Louis R. dones Members of Virginia Beach City Council March 1, 2004 Page 2 (b) A vote w/Il be, or has been, taken by the "Reconsider" the zoning approvals granted February 10, 2004; City. Council to to Mr. Reid on (c) A rehearing of Mr. Reid's applications by the Virginia Beach City Council has been scheduled for a Public Hearing before City Council. Based upon what I read in the local newspaper and a few conversations I have had, it would appear that you all held a Special Meeting or Public Hearing on the morning of February 17, 2004 at which time you apparently discussed my client's approved zoning applications and voted to reconsider and rehear them. If this is accurate, we would have appreciated the courtesy of receiving written notification of your action (if not before, then certainly after). We would also have appreciated receiving any communication regarding the scheduling of such a reconsideration. Assuming the information I have gleaned from the newspaper articles, editorials and conversations I have had is accurate, and you have voted to reconsider Mr. Reid's :zoning approvals, please be aware that I will be out of the country for the second week of March 2004 (3/6 to 3/14). If you have voted to rehear Mr. Reid's applications, please provide us the courtesy of scheduling the rehearing for your meeting on Tuesday, March 23, 2004 and confirm same in writing if at all possible. With kind regards, I am Very truly yours, REBjr/arhm cc: F. Donald Reid CONDITIONALREZONING/REIt)/POTTERTRACT/OBERNDORF 1 PEMBROKE OFFICE PARK - BUILDING ONE 281 INDEPENDENCE BOULEVARD FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462-2989 TELEPHONE: 757-499-8971 FACSIMILE: 757-456-5445 Via Hand Deliuerq S;Y S, OURDON, An[RN & L['VY, P.C. ATTORNEYS AND COUNSELORS AT LAW March 1, 2004 JON M. AHERN SCOTT N. ALPERIN R. EDWARD BOURDON, JR. JAMES T. CROMWELL L. STEVEN EMMERT DAVID S. HOLLAND KIRK B. LEVY JENNIFER D. ORAM-SMITH HOWARD R. SYKES, JR. The Honorable Meyera E. Oberndorf Office of the Mayor City Hall Building # 1 Municipal Center Virginia Beach, Virginia 23456 Vice Mayor Louis R. Jones c/o Ruth Hodges Smith, City Clerk Office of the City Clerk City Hall Building # 1, Room 281 Municipal Center Virginia Beach, Virginia 23456 Members of Virginia Beach City Council c/o Ruth Hodges Smith, City Clerk Office of the City Clerk City Hall Building # 1, Room 281 Municipal Center Virginia Beach, Virginia 23456 Re: Application of F. Donald Reid at 3952 Indian River Road, Virginia Beach, Virginia (a) Variance to Section 4.4(b) of the Subdivision Ordinance (b) Change of Zoning District Classification from AG-1 & 2 to Conditional R-20 (c) Conditional Use Permit for Open Space Promotion Approved February 10, 2004 Dear Mayor Oberndorf, Vice Mayor Jones and Council members: I am corresponding with you for the purpose of advising that as of this date, neither I nor my client, Mr. F. Donald Reid has received any written notification from the City that: (a) A Public Hearing is, or has been, scheduled by the City Council at which time the subject of "Reconsidering" the zoning approvals granted to Mr. Reid on February 10, 2004 would be discussed or considered; THE BEACON SUNDAY, FEBRUARY 22:, 2004 SUNDAY, FEBRUARY 29, 2004 At 6:00 PM, Tuesday, March 9, 2004, the Virginia Beach City Council will RECONSIDER the applications of F. DONALD REID at 3592 Indian River Road: (DISTRICT 7- PRINCESS ANNE) a. Variance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Drdinance (CZO) and to allow a forty-five (45) foot lot subdivision with open space and walking trails in the Transition Area b. Change of Zoning District Classification from AG-1 and AG-2 Agri- cultural Districts to Conditional R20 Residential District c. Conditional Use Permit re Open Space {This application passed with an 8~3 vote on February 10, 2004 and RECONSIDERATION has been authorized.} Interested citizens are invited to attend. Ruth Hoclges Smith, MMC City Clerk If you are physically disabled or visually impaired and r~eed assis- tance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303; Hearing impaired, call TDD only 427-4305 (TDD - Tele- phonic Device for the Deaf). Beacon: February 22 and February 29, 2004 11136950 At 6:00 PM, Tuesday, March 9, 2004, the Virginia Beach City Council will RECONSIDER the applications of F. DONALD REID at 3592 Inclian River Road: (DISTRICT 7 - PRINCESS ANNE) a. Variance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and to allow a forty-five (45) foot lot subdivisien with open space and walking trails in the Transition Area b. Change of Zoning District Classification from AG-1 and .AG-2 Agri- cultural Districts to Conditional R20 Residential District c. Conditional Use Permit re Open Space {This application passed with an 8-3 vote on February 10, 2004 and RECONSIDERATION has been authorized.} Interested citizens are invited to attend. Ruth Hodges Smith, MMC City Clerk If you are physically disabled or visually impaired and need assis- tance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303; Hearing impaired, call TDD only 427-4305 (TDD- Tele- phonic Device for the Deaf). Beacon: Februaq/22 and Februanj 29, 2004 11136950 I-C -4- RECONSIDERATION ITEM # 52248 Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council SCHEDULED Advertising a Public Hearing for RECONSIDERATION at the City Council Session of Tuesday, March 9, 2004, at 6:00 P.M: Applications of F. DON`4ZD REID at 3592 Indian River Road, (DISTRICT 7 - PRINCESS ANNE) (Approved: February J O, 2004): a. Variance to 3~ 4. 4(b) of the Subdivision Ordinance that requires ail newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and allow a forty-five (45)foot lot subdivision with open space and walking trails in the Transition Area b. Change of Zoning District Classification from ,4 G-1 and,4 G-2 Agricultural Districts to Conditional R-20 Residential District c. Conditional Use Permit re Open Space Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorjf,, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: 2Vo n e Council Members Absent: iVone February 17, 2004 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: F. Donald Reid - Subdivision Variance, Change of Zoning District Classification and a Conditional Use Permit MEETING DATE' March 9, 2004 · Background' (a) An Ordinance upon Application of F. Donald Reid for a Conditional Use Permit for an Open Space Promotion on property located at 3592 Indian River Road (GPIN 1483386300). DISTRICT 7 - PRINCESS ANNE (b) An Ordinance upon Application of F. Donald Reid for a Chanqe of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District on property located at 3592 Indian River Road (GPIN 1483386300). The Comprehensive Plan recommends use of this property for appropriate growth opportunities consistent with the economic vitality policies of the City of Virginia Beach. DISTRICT 7 - PRINCESS ANNE (c) Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for F. Donald Reid. Property is located at 3592 indian River Road (GpIN 1483386300). DISTRICT 7 - PRINCESS ANNE The City Council indefinitely deferred this matter on September 23, 2003 and on December 2, 2003. The City Council approved these requests on February 10, 2004. On February 17, 2004, the City Council moved to reconsider the vote of February 10, and set March 9 as the date for that reconsideration. There have been no chanqes to the proposal since the February 10 approval. Considerations: The existing site is heavily wooded with mature trees and vegetation. Wetlands areas and Southern Watershed Management Areas exist on the western .side of the site. The highest noise zone under the AICUZ designation encumbers the eastern side of the site. A single-family dwelling occupies the site. The site is zoned AG-1 and AG-2 Agricultural. The applicant proposes to rezone the site from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District and to obtain a Conditional Use Permit for Open Space Promotion. The Open Space Promotion allows for a F. Don Reid Page 2 of 3 reduction in lot sizes provided a minimum of 15 percent open space is provided throughout the development. Within the R-20 Residential ©pen Space Promotion, the minimum lot size is 12,000 square feet. The proposed development will consist of 45 lots varying in size from 12,000 square feet to 41,129 square feet with an average lot size of 15,875 square feet. Four of the lots do not meet the required lot widths in the Conditional R-20 Residential District with an Open Space Promotion. The lots are shown as flag lots on the submitted plan. The applicant is seeking a Subdivision Variance for those lots. The site is located within the Transition Area. Residential development should be a secondary component of the open space, and the overall development should strive to achieve a minimum of 50 percent open space using the existing natural resources. The applicant proposes 60 percent open space throughout the development, including areas of the existing natural resources and the land area encumbered by the greater than 75dB Ldn AICUZ. Staff utilized the Transition Area Matrix to determine the permitted number of lots within the proposed development. The proposed development is configured to protect and maintain the existing natural areas along the right-of-way and perimeter of the site. A minimum 300- foot buffer of existing treed areas along Indian River Road is maintained as a scenic buffer, as recommended by the Transition Area Design Guidelines. The buffer area will insure that a wooded area is maintained along Indian River Road and will effectively camouflage the residential development from the roadway. Large open space areas of woods and wetlands are maintained on both the western and eastern sides of the site. Eight foot wide mulch trails meander through the buffer areas. The applicant has submitted a conceptual site plan with proffers that effectively addresses the recommendations of the Transition Area Design Guidelines. Staff recommended approval. There was no opposition to the request. · Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0-1 to approve the requests as proffered and with the following conditions: Conditions for Use Permit: 1. The proposed development shall substantially adhere to the submitted Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. F. Don Reid Page 3 of 3 . Before any land disturbance occurs on the site, the applicant shall submit a detailed tree protection and restoration plan to the Development Services Center of the Planning Department for review and approval. The plan shall clearly delineate vegetation to be preserved and all restoration areas. Tree rnitigation for the restoration areas shall be 2:1. o Residential lot tree canopy shall be double the total canopy cover specified in the City of Virginia Beach's "Residential Tree Requirement Table." . For the purpose of screening the development from the existing agricultural operations to the northwest, supplemental plantings of evergreen trees shall be required along the boundaries of lots 31 through 40 in the open space area adjacent to the parcel to the west, if needed. 5. Right and left: turn lanes shall be provided into the site. The design and location are subject to the approval of the Public Works Department. 6. The eight foot mulched trails proposed on the eastern portion of the site shall be modified to provide connectivity with the parcel to the east. 7. A note shall be placed on the plat for Lots 31 to 40 as follows: "Lots 31 to 40 may be subject to sounds, odors, and other affects commonly associated with agricultural operations." Conditions for Subdivision Variance: I . The subdivision shall substantially adhere to the submitted Exhibit entitled "CONCEPTLJAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department~ City Manager:~~L~ ~~b NOTE: NORTH LANDING DEVELOPMENT IS THE FORMER FAMILY VENTURES, L.L.C. - 23 - Item III-H. 1.e. PUBLIC HEARING ITEM # 37719 PLANNING Richard K. Stell, 219 66th Street, Phone: 428-5824, represented the applicant Robert Kellam, Engineer, represented the applicant Upon motion by Councilman Dean, seconded by Councilman Moss, City Council ~II)OPTED an Ordinance upon application of FAMILY VENTURES I, LC for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF FAMILY VENTURES I, LC FOR ,4 CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-.2 TO B-L4 Z02941414 BE IT HEREBY ORDAINED BY THE COUNC, rL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Family Ventures I, LC for a Conditional Change of Zoning District Classification from AG-2 Agricultural District to B-IA Limited Community Business on certain property located at the northwest corner of North Landing Road and George Mason Drive. The proposed zoning classification change to B-lA is for limited commercial land use. The Comprehensive .Plan recommends use of this parcel for agrictdtural use in accordance with Plan policies regarding Transition Area I. Said parcel contains 3.:5 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. Agreement encompassing .proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of Februa~.. Nineteen Hundred and 2Vine~-Four. Voting: I1-0 Council Members Voting .Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ .Nancy K. Parker and V~ce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None February 8, 1994 Map 1-12 Ma~ No~ to ~cale North Landin / LLC B-I [9] 5 CU¢UP~L £ -2 0-2 Modifications - Proffers to Conditional Rezoning from AG-2 to B-lA Approved February 8, 1994 J# I DATE 1. 2-8-94 2. 5-9-95 11-10- 86 12-5-83 3. 5-24-94 4. 7-3-01 9-9-97 5. 5-25-99 5-25-99 6. 8-26-86 5-12-69 7. 10-21- 85 ]REQUEST Rezoning (AG-2 Agricultural to conditional B-lA Limited Business) Conditional Use Permit (satellite antenna) Conditional Use Permit (restaurant) Rezoning (AG-2 Conditional Use Conditional Use Conditional Use Rezoning (AG-2 Business) Agricultural to O-1 Office) Permit (group home) Permit (preschool/daycare) Permit (church & daycare) Agricultural to B-lA Limited Conditional Use Permit (mini-storage) Rezoning (City request to downzone to AG-I&2 Agricultural) Rezoning (City request to apply Historic and Cultural Overlay District) Rezoning (AG-2 Agricultural to O-1 Office) J ACTION Granted Granted Granted Granted Granted Granted Granted Granted Granted Denied Granted Granted CITY OF VIRGINIA BEACH AGENDA ITEM III ITEM: North Landing Development, L.L.C.- Modification of Conditions (approved by City Council on February 8, 1994) MEETING DATE: March 9, 2004 Background: An Ordinance upon Application of North Landing Development, L.L.C. for a Modification of Conditions for a request approved by City Council on February 8, 1994. Property is located at 2484 North Landing Road (GPIN 14948115330000). DISTRICT 7- PRINCESS ANNE Considerations: The Conditional Rezoning from AG-2 Agricultural District to Conditional B-lA Limited Community Business District was approved by the City Council on February 8, 1994 with three proffers, as outlined in the staff report. The requested changes are as follows: The original Proffer 1 specifies a site design that would allow two additional buildings of only approximately 1,800 square feet each. The applicant has requested to modify' this proffer to allow for larger buildings (7,500 square feet each). The new proffered site plan also shows additional parking to meet the needs of the new retail area. Extensive landscaped areas are included, as well as several pedestrian crosswalks linking each of the buildings and adjacent public sidewalks. Proffer 2 will remain essentially the same but has moved to new Proffer 9. The proffer has been changed slightly to allow for restaurants with carry-out food. Proffer 3 is requested to be removed as all of the requirements specified therein have been met or are no longer applicable. The applicant has worked extensively with the Planning Staff and members of the Historic Review' Board to create an overall design that meets the guidelines of both the Historic and Cultural Overlay District and the Transition Area Technical Advisory Committee (TATAC): (1) The site has been laid out to preserve open space between the buildings and the roads; (2) Extensive pedestrian features, including patterned crosswalks and landscaped seating areas, have been provided; North Landing Development, LLC Page 2 of 2 (3) Architectural design and colors are a blend of the vernacular style of the restaurant and the Georgian design of the adjacent office buildings to the west and within the Municipal Center; (4) The buildings have two fronts: one facing the roads and one within the site facing toward the restaurant; (5) The rear of Building 1, which will be visible from the adjacent property to the north and from George Mason Drive, includes architectural features to improve its appearance. The rear of Building 2 has no doors but is well landscaped to screen its visibility from North Landing Road; (6) Screening of mechanical equipment and refuse collection areas has been addressed with an attractive design; (7) Extensive landscaping has been provided both within and surrounding the site; (8) Both signage and lighting have been specified to be compatible with the historic nature of the area; (9) Both right and left turn lanes will be provided on North Landing Road as required by the Department of Public Works / Traffic Engineering. (10)The limitations on allowable uses have been maintained as provided in the 1994 proffer agreement. The Planning Commission placed this item on the consent agenda because of the pedestrian friendliness of the project, its consistency with the objectives for the Transition Area, and the enhancement of the proposed development beyond what was originally proffered. Staff recommended approval. There was no opposition to the request. Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request, as proffered. Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. City Manager: ~~-' ~o.O~.~Submitting Department/Agengy: Planning Department~ 112 - 213 - MOD - 2003 NORTH LANDING DEVELOPMENT, LLC Agenda Item # 22 February 11,2004 Public Hearing Staff Planner: Ashby Moss The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this appfication. Location and General Information REQUEST: Modification of Proffers from the Conditional Change of Zoning from AG-2 Agricultural to B-lA Limited Community Business District granted by the City Council on February 8, 1994. LOCATION: Property located on northwest corner of North Landing Road and George Mason Driw~. Map 1-12 ' ................ North Landing Development~ LLC ,, ~., ' '-.,..' ....~ 0-2 ~.'~'. ~,: "- ¢ '- ~¢ . -~ .~%- ~..¢..-~.~,.,~.'., .'.. , ,..~, i . ~-" ~ x ' / - - ' · '~ Mod*fi~oons - Proffer~ to Conditional Rezoning Eom AC-2 to B-? A Approvud Februa~ 8, 1994 GPIN: COUNCIL ELECTION 14948115330000 NORTH LANDING DEVELOPMENT Agenda Item # 22 Page I DISTRICT: 7- PRINCESS ANNE SITE SIZE: EXISTING LAND USE AND ZONING: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: APPLICATION HISTORY: 148,154 square feet Restaurant / Conditional B-lA Community Business District with Historic and Cultural Overlay District The applicant received a variance from the Board of Zoning Appeals on January 7, 2004 to reduce the required number of parking spaces from 150 to 133 spaces. This allowed the developer to provide more open space, more landscaping, and a more pedestrian-friendly design. North and East: South: West: · Across George Mason Drive, Municipal Center Complex / 0-2 Office and AG-2 Agricultural with Historic and Cultural Overlay District · Across North Landing Road, former Courthouse Elementary School-- now used for office / AG-2 Agricultural District with Historic and Cultural Overlay District · Rural single-family dwellings / AG-2 Agricultural District with Historic and Cultural Overlay District The western portion of the property is currently undeveloped and contains a few mature trees and vegetation. The property is located within the Historic and Cultural Overlay District surrounding the Municipal Center. The applicant has worked extensively with the Historic Review Board and has received their approval. The site is in an AICUZ of 65 to70dB Ldn surrounding NAS Oceana and NALF Fentress. This application was deferred at the December 2003 Planning Commission agenda to finalize details of the proposal and again in January 2004 for failure to post notification signs. The signs have now been posted properly on site prior to the deadline. NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 2 Summary of Proposal' ":: The Conditional Rezoning from AG-2 Agricultural District to Conditional B-lA Limited Community Business District was approved by the City Council on February 8, 1994. The Conditional Rezoning has three proffers: , The Property shall be developed substantially in conformity with the Site Plan entitled "SITE PLAN FOR FAMILY VENTURES, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA," dated September 25, 1993, made by Kellam-Gerwitz Engineering, which said plan has been exhibited to the City Council and is on file in the Department of Planning of the City of Virginia Beach. 2. The Property shall not be developed for or devoted to any of the following uses' so Business and vocational schools; Funeral homes; Grocery stores, carry-out food stores and convenience stores; Marinas; Mini-warehouses; and Veterinary establishments and commercial kennels. , The Grantor recognizes that the Property is located within the limits of Transitional Area I identified in the Comprehensive Plan of the City of Virginia Beach, adopted by City Council on March 5, 1991. The Comprehensive Plan states that all development within Transitional Area I shall pay its pro rata share of all needed capital improvements reasonably required to meet the demands and impacts created by the development of the Property. The Grantor agrees to pay its pro rata share as follows: a. bo The Grantor hereby proffers the sum of Eighteen Thousand Two Hundred Fifty- Seven Dollars ($18,257.00) (the "Proffer Charge"). The Proffer Charge shall be subject to credits totaling Ten Thousand Two Hundred Seventy and 08/100 Dollars ($10,270.08) (the "Credits") for the following dedications to be made to the City of Virginia Beach: i. The Grantor has obtained or agrees to obtain the dedication to the Grantee for right-of-way purposes of a strip of land eight feet (8') in width along the frontage of the Property adjacent to North Landing Road. ii. The Grantor has obtained or agrees to obtain the dedication to the Grantee for right-of-way purposes of a strip of land eight feet (8') in width along the frontage of adjacent property owned by Robert G. Brewer and Donna S. Brewer GPIN NO: 1494-71-6347 (the "Brewer Property")adjacent to North Landing Road. iii. The right-of-way dedications have been or will be made in conjunction with subdivision plats of the Property and the Brewer' Property. In the event thai: road improvements to North Landing Road (incorporating the parcels described above in subparagraphs 3(b)(i) and 3(b)(ii)) have not been included in the City's five-year CIP at the time of subdivision approval, the Grantor will execute an agreement in form acceptable, to the City Attorney, to ensure that such dedications will be made at such NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 3 time as the road improvements are included in the five-year ClP; provided, however, if at the time of subdivision review, it is determined that the need for the dedication is reasonably generated by the development, such parcels will be dedicated to the City with the recordation of the subdivision plats. d, e. The Grantor recognizes that the payment of pro rata share costs does not eliminate other required fees normally associated with the development process. The Grantor agrees to pay the difference between the Proffer Charge and the Credits ($7,986.92) as follows: twenty percent (20%) of such payment shall be made prior to the issuance of a building permit for the Property, and the remaining eighty percent (80%) shall, at the same time, be secured by a bond or an irrevocable letter of credit acceptable in form to the City Attorney, which shall secure payment of the remaining sums which will be due prior to the issuance of a certificate of occupancy. All funds collected by the Grantee may be utilized for any capital improvement in the five-year CIP at the date the funds are collected, or any other improvement of the type not normally included in the five-year CIP, so long as the need for the improvement bears a reasonable relation to the rezoning and to needs generated by the rezoning. Should the Grantee fail to utilize the Proffer Charge or any part thereof for any of the purposes set forth herein within then (10) years of the payment of same, then any of the said sums not so used shall be returned to the Grantor or other parties making such payments. Proffer 1 specifies a site design that would allow two additional buildings of only approximately 1,800 square feet each. The applicant has requested to modify this proffer to allow for larger buildings (7,500 square feet each). The new proffered site plan also shows additional parking to meet the needs of the new retail area. Extensive landscaped areas are included, as well as several pedestrian crosswalks linking each of the buildings and adjacent public sidewalks. Proffer 2 will remain essentially the same but has moved to new Proffer 9. The proffer has been changed slightly to allow for restaurants with carry-out food. Proffer 3 is requested to be removed as all of the requirements specified therein have been met or are no longer applicable. The Comprehensive Plan Map depicts this area of the city as Princess Anne (formerly known as the Transition Area). This area serves as a land use buffer between the urban northern portion of the city and the rural southern portion of the city. Land uses and densities within this area should not be a continuation of either form but a transition from one to the other. NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 4 The Transition Area Design Guidelines state that commercial properties within Princess Anne should be thought ,of as Neighborhood Serving Centers. Although there are currently no neighborhoods within walking distance of the subject site, several office complexes, including the, Municipal Center, are within close proximity to the site. The proposal should incorporate pedestrian features to accommodate walking customers from nearby offices and any future neighborhoods. Since the property is within the Municipal Center destination node, the architectural design should incorporate features found on surrounding buildings so that the new buildings blend well with their surroundings. The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. · Compatibility of building and site design with Historic and Cultural Overlay District. · Degree to which proposal meets guidelines of the Transition Area Technical Advisory Committee (TATAC). Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§ 107(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 5 PROFFER # 1 PROFFER # 2 PROFFER # 3 PROFFER# 4 PROFFER # 5 All development of the Property shall be performed in substantial conformance with the plan titled "Zoning Exhibit of Princess Anne Shoppes," dated August 15, 2003, and prepared by Kellam-Gerwitz Engineering, Inc., which plan has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach (the "Site Plan"). In connection with development of the Property, the Property shall be landscaped in substantial conformance with the landscaping shown on the Site Plan. Evergreen landscaping meeting the requirements of Category IV of the City of Virginia Beach Landscaping Guide shall be installed between the rear of Building #2 shown on the Site Plan and the boundary line of the Property. Building #1 and Building #2, as shown on the Site Plan, shall be constructed in substantial conformance with the building elevations titled "Princess Anne Shoppes, Virginia Beach, Virginia," which elevations have been exhibited to the City Council and are on file with the Planning Department of the City of Virginia Beach (the "Elevations"). Building #1 and Building #2 shall be constructed using architectural materials and color schemes also shown on the Elevations. All free-standing signs shall be monument style signs, constructed in substantial conformance with the "Entrance Signage" shown on the Elevations. All building signs for the tenants of Buildings #1 and Building #2 shall be located immediately above each tenant's front entrance, in substantial conformance with the "Shop Signage" shown on the Elevations. No external signs upon the Property shall be internally-illuminated, but may be illuminated by directed external lighting. No signs may be installed on the roof of any building located upon the Property. The refuse collection area located at the rear of the building situated at the corner of North Landing Road and George Mason Drive, as shown on the Site Plan, shall be screened by an enclosure constructed of building materials NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 6 substantially similar in color, design and style to those used for the existing building. The enclosure area screen shall be completed prior to the issuance of an occupancy permit for Building #1 or Building #2 and shall be substantially completed as shown on the exhibit titled "Details, Princess Anne Shoppes, Virginia Beach, Virginia," which has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach. PROFFER # 6 PROFFER # 7 PROFFER # 8 PROFFER # 9 All exterior site lighting, except for lighting for signs and landscaping, shall be substantially similar in design and style to the exterior site lighting used for the existing building located at the corner of North Landing Road and George Mason Drive. Any heating, ventilation and air-conditioning ("HVAC") equipment installed on the roof of any building shall be screened from the view, using screening materials and design substantially similar to the screening used for the existing building located at the corner of North Landing Road and George Mason Drive. Any HVAC equipment installed at ground level shall be screened with landscaping approved by the Planning Director, or his designee. As a condition of site plan approval for the proposed development, a right-turn lane and a left-turn lane shall be installed along North Landing Road, substantially as shown on the Site Plan. The Property shall not be developed for or devoted to any of the following uses: a. Business and vocational schools; b. Funeral homes; c. Grocery stores or convenience stores; d. Marinas; e. Mini-warehouses; f. Veterinary establishments and commercial kennels. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 7 Staff Evaluation of Proffers: Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Proffers dated January 6, 1994 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3347, at Page 148 are hereby terminated and revoked in their entirety. The modified proffers are acceptable. While the agreement has changed considerably from the original approved in 1994, the proposed new agreement contains more specifications to ensure even more quality than previously guaranteed. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated December 22, 2003, and found it to be legally sufficient and in acceptable legal form. Staff Evaluation "". Staff recommends approval of this request. StafFs evaluation of this request reveals the proposal, through the submitted materials and proffers, adequately addresses each of the 'Major Issues' identified above. The applicant has worked extensively with the Planning Staff and members of the Historic Review Board to create an overall design that meets the guidelines of both the Historic and Cultural Overlay District and the Transition Area Technical Advisory Committee (TATAC): (1) The site has been laid out to preserve open space between the buildings and the roads; (2) Extensive pedestrian features, including patterned crosswalks and landscaped seating areas, have been provided; (3) Architectural design and colors are a blend of the vernacular style of the restaurant and the Georgian design of the adjacent office buildings to the west and within the Municipal Center; NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 8 (lO) (4) The buildings have two fronts-one facing the roads and one within the site facing toward the restaurant; (5) The rear of Building 1, which will be visible from the adjacent property to the north and from George Mason Drive, includes architectural features to improve its appearance. The rear of Building 2 has no doors but is well landscaped to screen its visibility from North Landing Road; (6) Screening of mechanical equipment and refuse collection areas has been addressed with an attractive design; (7) Extensive landscaping has been provided both within and surrounding the site; (8) Both signage and lighting have been specified to be compatible with the historic nature of the area; (9) Both right and left turn lanes will be provided on North Landing Road as required by Public Works, Traffic Engineering. The limitations on allowable uses have been maintained as provided in the 1994 proffer agreement. Staff, therefore, recommends approval of this request. i NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application require revision during detailed site plan review to meet all applicable Cit~/ Codes. NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 9 Supplemental Information Map 1-12 N~p No~. '~o ':2, c~le North L, Zonin_cl Historv De~elo LLC B-I [93 ~ CUL~rURAL ~ A O :?<:~~ 0-2 Modifications - Proffers to Conditional Rezoning from AG-2 to B-IA Approved February 8, 1994 # {DATE 1. 2-8-94 2. 5-9-95 11 - 10-86 12-5-83 3. 5-24-94 4. 7-3-01 9-9-97 5. 5-25-99 5-25-99 6. 8-26-86 I REQUEST Rezoning (AG-2 Agricultural to conditional B-lA Limited Business) Conditional Use Permit (satellite antenna) Conditional Use Permit (restaurant) Rezoning (AG-2 Agricultural to O-1 Office) Conditional Use Permit (group home) Conditional Use Permit (preschool/daycare) Conditional Use Permit (church & daycare) Rezoning (AG-2 Agricultural to B-lA Limited Business) Conditional Use Permit (mini-storage) Rezoning (City request to downzone to AG-I&2 {ACTION Granted Granted Granted Granted Granted Granted Granted Granted Granted Denied NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 10 5-12-69 7. 10-21-85 Agricultural) Rezoning (City request to apply Historic and Cultural Overlay District) Rezoning (AG-2 Agricultural to O-1 Office) Granted Granted Public Agency Comments Public Works Master Transportation Plan (MTP)/Capital Improvement Plan (CIP): North Landing Road in the vicinity of this application is a two-lane minor urban arterial. This facility is not designated on the MTP, and there are no projects to upgrade this section of North Landing Road in the current adopted CIP. Traffic Calculations: Street Name Present Present Generated Traffic' Volume Capacity North Landing 11,682 13,100 Existing Land Use ~ Road ADT ~ ADT ~ - 1,054 ADT George Mason 3,328 13,100 Drive ADT ~ ADT ~ Proposed Land , Use 3_ 1,543 ADT Average Daily Trips 2 as defined by existing restaurant and previously approved 3,800 sq. ft. retail shops 3 as defined by existing restaurant and 15,000 sq. ft. retail Pubfic Utilities Water: There is an 8-inch water main in George Mason Drive and a 16-inch main in North Landing Road. This site has an existing 5/8-inch meter which may be utilized or upgraded. Sewer: IThere is an 8-inch sanitary sewer main in George Mason Drive and in North Landing Road. This site is already connected to City sewer. Public Safety I Police: The applicant is encoura, ged to contact and work with the I NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 11 Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Fire and Rescue: I No comments. NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 12 Exhibits Exhibit A Aerial of Site Location NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 13 Exhibit B Originally Proffered Plan NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 14 Exhibit C Proposed Site Plan .. .r ,/ :'/ / · ,' ./ · ENT ~genaa ~em # 22 Page 15 ,,. · :;,.,;/...:jj;:.,/ · Exhibit D1 Proposed Building Elevation NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 16 Exhibit D2 Proposed Building Elevation NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 17 Exhibit D3 Proposed Building Elevation and Details NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 18 Exhibit E Propose~ Buildin! Material,' NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 19 Exhibit F Disclosure Statement NORTH LANDING DEVELOPMENT Agenda Item # 22 Page 20 Item #22 North Landing Development, L.L.C. Modification of Conditions 2484 North Landing Road District 7 Princess Anne February 11, 2004 CONSENT William Din: The next item is Item #22 North Landing Development, L.L.C. This is a Modification of Conditions for some property located at 2484 North Landing Road. R.J. Nutter: Thank you very much. Madame Chairman, members of the Commission, for the record my name is R.J. Nutter and I'm here on behalf of the applicant. Congratulations Madame Chairman. I'll be happy to answer any questions and I'm very happy to be on the consent agenda. William Din: Is there any opposition on this item? If not, Mr. Horsley will also explain this item. Donald Horsley: Another :relatively simple application. The staff has spent a lot of time working with the applicant on this because this is in a very historical area right here at the courthouse area. They're going along with the TATAC rules. They're sticking close to them. The thing that impresses us the most is the pedestrian friendliness of these modifications. I think it will be an extraordinary improvement to what we have there. We don't anticipate any opposition to it so therefore we recommend consent agenda approval on this. William Din: Thank you ]Don. Ms. Wood, I'd like to make a motion to approve the following consent item, Item//22, North Landing Development, L.L.C., a Modification of conditions. This is an application for a Conditional Change to Zoning AG-2 Agriculture to B-1A Limited Commurtity Business and that's a proffered item. Dorothy Wood: Thank you. Do I hear a second? Eugene Crabtree: Second. Dorothy Wood: Thank you. Is the vote open? AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE Item #22 North Landing Development, L.L.C. Page 2 KATSIAS KNIGHT MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 9-0, the consent agenda item passes. Dorothy Wood: Thank you. ABSENT ABSENT FO~M NO. P.S. 1E~ City of Virginia Beach INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5799 DATE: February 25, 2004 TO: Leslie L. Lilley DEPT: City Attorney FROM: B. Kay Wilsort~q~'~. DEPT: City Attorney Conditional Zoning Application North Landing Development, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 9, :2004. I have reviewed the subject proffer agreement, dated December 22, 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/Return To: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT is made this ~_~vt,~ day of December 2003, by and between NORTH LANDING DEVELOPMENT~ L.L.C., a Virginia limited liability company ("Grantor"), and the CITY OF. VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee"). WITNESSETH: WHEREAS, Grantor owns that certain property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 3.4 acres, more or less, and being more particularly described in Exhibit A attached to this Agreement (the "Propertf'); and WHEREAS, the Property is presently zoned Conditional B-iA and is subject to the Covenants, Restrictions and Conditions, dated January 6, 1994, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 3347, at page 148, and adopted as part of a previous amendment to the Zoning Map of the City of Virginia Beach (the "Proffers"); and WHEREAS, Grantor intends to develop, operate, and use the Property for one or more purposes different than contemplated in the Proffers, and Grantor has initiated an amendment of the Zoning Map requesting that the Proffers be terminated in their entirety and replaced with the covenants, restrictions and conditions of this Agreement; WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and GPINs: 1494-81-1533 WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the: effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-IA are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the existing B-1A zoning district by the existing City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the physical development, operation and use: of the Property, to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part. of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are; amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of' the City of Virginia Beach, Virginia and executed by the record owner of the subject Property'at the time of recordation of such instrument; provided, further, that said instrument is consent:ed to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. All development of the Property shall be performed in substantial conformance with the plan titled "Zoning Exhibit of Princess Anne Shoppes", dated August 15, 2003, and prepared by Kellam-Genvitz Engineering, Inc., which plan has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach (the "Site Plan"). 2. In connection with development of the Property, the Property shall be landscaped in substantial conformance with the landscaping shown on the Site Plan. Evergreen landscaping meeting the requirements of Category IV of the City of Virginia Beach Landscaping Guide shall be installed between the rear of Building #2 shown on the Site Plan and the boundary line of the Property. 3. Building #1 and Building #2, as shown on the Site Plan, shall be constructed in substantial conformance with the building elevations titled "Princess Anne Shoppes, Virginia Beach, Virginia", which elevations have been exhibited to the City Council and are on file with the Planning Department of the City of Virginia Beach (the "Elevations"). Building #1 and Building #2 shall be constructed using architectural materials and color schemes also shown on the Elevations. 4. All free-standing signs shall be monument style signs, constructed in substantial conformance with the "Entrance Signage" shown on the Elevations. All building signs for the tenants of Buildings #1 and Building #2 shall be located immediately above each tenant's front entrance, in substantial conformance with the "Shop Signage" shown on the Elevations. No external signs upon the Property shall be internally-illuminated, but may be illuminated by directed external lighting. No signs may be installed on the roof of any building located upon the Property. 5. The refuse collection area located at the rear of the building situated at the comer of North Landing Road and George Mason Drive, as shown on the Site Plan, shall be screened by an enclosure constructed of building materials substantially similar in color, design and style to those used for the existing building. The enclosure area screen shall be completed prior to the issuance of an occupancy permit for Building #1 or Building #2 and shall be substantially completed as shown on the exhibit titled "Details, Princess Anne Shoppes, Virginia Beach, Virginia", which has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach. 6. All exterior site: lighting, except for lighting for signs and landscaping, shall be substantially similar in design and style to the exterior site lighting used for the existing building located at the comer of North Landing Road and George Mason Drive. 7. Any heating, ventilation and air-conditioning ("HVAC") equipment installed on the roof of any building shall be screened from the view, using screening materials and design substantially similar to the screening used for the existing building located at the comer of North Landing Road and George Mason Drive. Any HVAC equipment installed at ground level shall be screened with landscaping approved by the Planning Director, or his designee. 8. As a condition of site plan approval for the proposed development, a right-mm lane and a left-mm lane shall be installed along North Landing Road, substantially as shown on the Site Plan. o The Property shall not be developed for or devoted to any of the following uses: (a) Business and vocational schools; (b) Funeral homes; (c) (d) (e) (i3 Grocery stores or convenience stores; Marinas; Mini-warehouses; Veterinary establishments and commercial kennels. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Proffers dated January 6, 1994 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3347, at Page 148 are hereby terminated and revoked in their entirety. 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 Vir~nia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. This Agreement may be signed in one or more counterparts which, upon execution by all the parties, shall constitute a single agreement. [Separate Signature Page Follows] IN WITNESS WHEREOF, the foregoing Agreement is executed by the parties of the date first written above. GRANTOR: NORTH LANDING DEVELOPMENT, L.L.C., a Virginia li~~i;~Fy COMMONWEALTH OF VIRGINIA COUNTY/CITY OF tJiQ~o~ [~.t;,~ , to-wit: The foregoing instrument was acknowledged before me this ~F~ay of [~.{'O~l'~_F , 2003, by Ronald A. MacAulay, in his capacity as Manager of North Landing Development, L.L.C, a Vir~i~i,a limited liability company, on its behalf, and that he is personally known to me or produced ~D(-~',_~'/.~~~6'_ as identification;,. Notary Public My Commission Expires: Exhibit A All that certain tract, piece or parcel of land, situated in the Princess Anne Borough, City of Virginia Beach, Virginia, designated as Parcel B1 as shown on that certain plat titled "SUBDIVISION OF LOTS A & B SUBDIVISION OF BREWER PROPERTY", Scale 1"- 100', dated March 26, 1994, made by Kellam-Gerwitz Engineering, Inc., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 238, at Page 79, together with a perpetual non-exclusive easement designated "Cross Access Easement for Lots B 1, B2 and B3," as shown on the aforesaid plat and a perpetual non-exclusive easement designated by "10' x 200' Private Utility Easement Hereby Dedicated", as shown on the aforesaid plat. 253894vl Item V-K. 2. - 39- PLANNING ITEM # 51676 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of VIRGINIA BEACH FREEWILL BAPTIST CHURCH for a Conditional Use Permit for a child care center: ORDINANCE UPON APPLICATION OF VIRGINIA BEACH FREEWILL BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER R090331124 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Virginia Beach Freewill Baptist Church for a Conditional Use Permit for a chiM care center on property located at 2.10 South Witchduck Road (GPIN 1467729262). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The childcare and education center is limited to an enrollment of 46 children This Ordinance shall be effective, in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of September, Two Thousand Three Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva MW D-7 Map Not / t t Free Will B, Church o~7 Kemps Lake CUP - Church Day School DATE I REQUEST I ACTION 11 / 10~98 09~09~03 11/27/01 05/14/97 04/18/83 CONDITIONAL USE PERMIT (church) MODIFICATION OF CONDITIONS (child care center) STREET CLOSURE ZONING CHANGE (O-1 to B-2) CONDITIONAL USE PERMIT (bulk storage yard) Granted Granted Granted Granted Granted CITY OF VIR( INIA BEACH AGENDA ITEM,,,, ITEM: Virginia Beach Freewill Baptist Church - Modification of a Conditional Use Permit (child care center approved by City Council on September 9, 2003) MEETING DATE' March 9, 2004 Background: An Ordinance upon Application of Virginia Beach Freewill Baptist Church for a Modification of a Conditional Use Permit for a child care center approved by City Council on September 9, 2003. Property is located at 210 South Witchduck Road (GPIN 14677292620000). DISTRICT 2- KEMPSVILLE Considerations: The Conditional Use Permit permitting the childcare center was approved by the City Council on September 9, 2003. The Conditional Use Permit has one condition: 1. The childcare and education center is limited to an enrollment of 46 children. The applicant is requesting to modify the condition to allow an enrollment of 139 children. The applicant provided Staff with the original number of 46 children in error. The number of children is actually 139. Even with 139 children, Staff concludes that the request to increase the enrollment number will not negatively impact the surrounding area. The church has access from both Witchduck Road and Grayson Road and has ample parking for the childcare center. In addition, a number of the programs are offered at different times, so that the drop-off/pick-up traffic will be spread throughout the day and will not be concentrated at any one time. The Planning Commission placed this item on the consent agenda because it an expansion to an existing childcare center and is compatible with surrounding land uses. Staff recommended approval. There was no opposition to the request. Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following condition: 1. Condition Number 1 of the September 9, 2003 Conditional Use Permit is deleted and replaced with the following: Virginia Beach Freewill Baptist Church Page 2 of 2 The childcare and education center is limited to an enrollment of 139 children. Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department~~4~-~.~ City Manager: ~~/~~, ~~ c,~. ;,,,~. ~",;~, DO 7-214-M 0 D-2 0 04 ~'~ ..... .: :~:~ . · FREEWILL BAPTIST CHURCH ~-~ · Agenda Item g 15 'v:~. ,.,,,.~ ,~,j.,- Februaw 11,2004 Public Hearing Staff Planner: Barbara Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. · ~ :~ ~:: ,-.~-~.~.... .... ~;~.:: ~ Location and General Information REQUEST: Modification of Conditions placed on a conditional use permit for a child care center on September 9, 2003. LOCATION: Property located at 210 .South Witchduck Road · MaP 1)-..' - . ,: .r. ', .... : ..... Free IViH Baptist' Church · :,%.,. ,'.. ..... ~-,.",. ¢. ,¢ I "~*~ '~.7-*;'.-< ' , ~ ' ~-~, ~ ~'' ' '¢~-~ " /' ':~¢:¢~ .... ~ ¢~ 4~'~'~"'~"~"~'¢%3V' .... '"'~¢¢"~"~ ~;' '1 . ,~% ;¢~ A -~--2 _ .~ ~t; ~: ~¢~ ~, '%~2~''',', .... , ...... :~) -;" ."1 GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14677292620000 2 - KEMPSVILLE 2 acres VIRGINIA BEACH FREEWILL BAPTIST Agenda Item # 15 Page 1 EXISTING LAND USE: SURROUNDING LAND USE AND ZONING' The site is developed with a sanctuary and fellowship hall, classroom building and parking lot. The site is currently zoned R-10 Residential District, North: South: East: West: · Grayson Road · Single family homes / R-10 Residential District · Grayson Road · Witchduck Road AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposal The Conditional Use Permit permitting the child care center was approved by the City Council on September 9, 2003. The Conditional Use Permit has one condition' 1. The childcare and education center is limited to an enrollment of 46 children. The applicant is requesting to modify the condition to allow an enrollment of 139 children. The applicant gave the original number of 46 children to staff in error. The day care center will operate between the hours of 6:30 am to 6:30 pm Monday through Friday. The ages of enrolled children will be from 6 weeks to 5 years of age. Both half day and full day programs are offered, as well as two and three day programs. Major Issues ' VIRGINIA BEACH FREEWILL BAPTIST Agenda Item # 15 Page 2 The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. · Degree to which the proposal is compatible with the surrounding area. Comprehensive Plan The Comprehensive Plan identifies this site as being within a Primary Residential Area. The plan recognizes that certain non-residential activities, such as schools, places of worship, and parks are appropriate within these areas. Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are (1) The request to increase the enrollment number will not negatively impact the surrounding area. The church has access from both Witchduck Road and Grayson Road and has ample parking for the child care center. In addition, a number of the programs are offered at different times, so that the drop-off/pick-up traffic will be spread throughout the day and will not be concentrated at any one time. Staff, therefore, recommends approval of this request. VIRGINIA BEACH FREEWILL BAPTIST Agenda Item # 15 Page 3 Conditions , Condition Number 1 of the September 9, 2003 Conditional Use Permit is deleted and replaced with the following: The childcare and education center is limited to an enrollment of 139 children. NOTE: i i Further conditions may be required during the administration of appficable 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. ,, VIRGINIA BEACH FREEWILL BAPTIST Agenda Item # 15 Page 4 Supplemental Information Zonin~ History Map D-7 N1o Not. '~o Sc.~[e Free Will Ba ' Church o~? Kemps Lake CUP- Church Day School DATE 11/10/98 09/09/03 11/27/01 05/14/97 I REQUEST CONDITIONAL USE PERMIT (church) MODIFICATION OF CONDITIONS (child care center) STREET CLOSURE ZONING CHANGE (O-1 to B-2) I ACTION Granted Granted Granted Granted VIRGINIA BEACH FREEWILL BAPTIST Agenda Item # 15 Page 5 4 04/18/83 CONDITIONAL USE PERMIT (bulk storage yard) Granted Public Agency Comments Public Works Master Transportation Plan (MTP): Witchduck Road is designated on the Master Transportation Plan as a 100 foot wide divided right-of- way. There is currently a ClP project designated as Witchduck Road- Phase I (VDOT) 2-931. This project will upgrade this facility to a six lane divided roadway from Princess Anne Road to 1-264. Witchduck Road is currently over capacity. This use is estimated to generate 200 additional vehicle trips per day. The church has access to both Witchduck Road and Grayson Road and has recently installed a right turn lane at the entrance on Witchduck Road. These factors help to mitigate the traffic impact of the proposed use. Public Utilities Water: This site is currently served by City water. Sewer: This site is currently served by City sewer. VIRGINIA BEACH FREEWILL BAPTIST Agenda Item # 15 Page 6 Exhibits Exhibit A Aerial of Site Location VIRGINIA BEACH FREEWILL BAPTIST Agenda Item # 15 Page 7 Exhibit B Site Plan VIRGINIA BEACH FREEWILL BAPTIST Agenda Item # 15 Page 8 i NOIJ, VDI~idd~ SNOIJ~I(~09 ~IO NOIJ~I~II(IOI~ Exhibit C Disclosure Statement VIRGINIA BEACH FREEWILL BAPTIST Agenda Item # 15 Page 9 Item #15 Virginia Beach Freewill Baptist Church Modification of a Conditional Use Permit 210 South Witchduck Road District 2 Kempsville February 11, 2004 CONSENT William Din: The next item is Item #15 Virginia Beach Freewill Baptist Church. This is a Modification of a Conditional Use Permit for a child-care center. John Norris: Thank you Mr. Commissioner. I'm John Norris, senior pastor of the Virginia Beach Freewill Baptist Church, my associate Larry Russell, and we're in agreement with the conditions that were permitted. William Din: Thank you Mr. Norris. Is there any opposition to this item? If not, will you also explain this one Ron? Ronald Ripley: Yes. This is a matter that came before us in September. It's a church on S. Witchduck Road off the expressway. It's a 2.8 acre parcel. It's in the Kempsville area and it was, I believe on consent at the time. I don't understand how you all must have gotten mixed up with your numbers but a request for the number of children was a lesser number then what's being requested today. So they came back to staff and staff met with them and they felt that the capacity was adequate and the facility could handle it. This Use Permit is requesting 139 children at a child care environment, if you will, in the church. The Commission looked at it and we believe that it's appropriate also and therefore we're recommending approval. William Din: Thank you Ron. Ms. Wood, I'd like to make a motion to approve the following consent item, Item #15 Virginia Beach Freewill Baptist Church, a Modification of a Conditional Use Permit with one condition. Dorothy Wood: Thank you. Do I hear a second? Eugene Crabtree: Second. Dorothy Wood: Thank you. Is the vote open? AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE Item #15 Virginia Beach Freewill Baptist Church Page 2 KATSIAS KNIGHT MILLER AYE, RIPLEY AYE', STRANGE AYE', WALLER AYE', WOOD AYE Ed Weeden: By a vote of 9-0, the consent agenda item passes. ABSENT ABSENT ~ ~o ~'~ Kramer Red Mill CUP - Tire Store DATE IREQUEST IACTION 3 4 5 03/25/03 11/07/63 04/O8/97 06/09/80 07/09/O3 REZONING (B-2 to Cond A-18 Apartment and B-2 ) REZONING (RS Residential to CL Limited Commercial) REZONING (AG 1/~ Agriculture to R-10 Residential) REZONING (B-2 Business to R-6 Residential) CONDITIONAL USE PERMIT (gas/conv store/car wash) GRANTED GRANTED GRANTED GRANTED GRANTED CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Kramer Red Mill #20, L.L.C.- Conditional Use Permit (automobile repair establishment) MEETING DATE: March 9, 2004 Background: An Ordinance upon Application of Kramer Red Mill #20, L.L.C. for a Conditional Use Permit for an automobile repair establishment on property located on the south side of Nimmo Parkway, approximately 291.77 feet east of Upton Drive (GPIN 24144518240000). DISTRICT 7- PRINCESS ANNE Considerations: The subject site, designated as Parcel E7, is part of a larger parcel that was rezoned on March 25, 2003 for an apartment community (Parcel El) with two commercial outparcels (Parcels E6 and E7) fronting on Nimmo Parkway. Proffer 7 in the recorded Conditional Zoning Agreement associated with that rezoning governs the subject site. The subject site is proposed for an auto repair establishment. Proffer 7 states: "The architectural design of the commercial buildings constructed within Parcels E6 and E7, when constructed, shall be compatible with the design of the buildings constructed, or planned design of buildings that may be constructed pursuant to Section 6 above, on Parcel El. The predominant colors may vary but shall be earth tones. Accent colors of individual choice are permitted." The site work for the apartment community is currently underway and the apartment buildings are in the final design stages. In addition, Parcel E6 was recently approved by City Council for an Exxon convenience store, gas pumps and car wash. The ..site plan and buildings on the subject site have been coordinated with both the apartment plans and Exxon plans so that the site orientation, landscape plan and architectural elevations will be compatible with the apartments and Exxon. The use proposed by the applicant can be problematic when located adjacent to residential uses, mainly due to concerns of noise and aesthetics. There are several details provided in the applicant's proposal that Staff feels mitigate these concerns. The applicant has provided wide landscaped buffers on the south and east sides that are adjacent to residential areas. A landscape buffer of 22 feet planted with Category IV plantings has been provided adjacent to the apartment complex. A landscape buffer of 60 feet planted with evergreen shrubs and Kramer Red Mill #20 Page 2 of 3 including a 6-foot high masonry column and wood panel fence is provided where the site adjoins the established single-family neighborhood to the east. Also, the applicant has stated that the store hours will be limited to 7:00 am to 7:00 pm and that all work will be done within the building. Staff and the Planning Commission have also recommended several conditions to be included with this use permit that will help maintain the aesthetic quality of the site and ensure continued compatibility of the use with the surrounding area. Staff recommended approval. There was opposition to the proposal. · Recommendations: The Planning Commission passed a motion by a recorded vote of 8-1 to approve this request with the following conditions: 1. The site shall be developed in substantial accordance with the site plan entitled "Kramer Tire Red Mill," dated January 10, 2004 and prepared by Boundary First, P.C. A copy of this site plan has been exhibited to City Council and is on file in the Planning Department. 2. The building shall be developed in substantial accordance with the architectural elevations entitled "Kramer Tire Red Mill Commons" and prepared by Ansell Collins Associates. A copy of the elevations has been exhibited to City Council and is on file in the Planning Department. 3. No outdoor vending machines, ice boxes, or display of merchandise shall be allowed. . No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall nor any neon signs or accents shall be permitted in or on the windows and/or doors of the building. 5. All rooftop equ,ipment, such as heating, ventilation, and air conditioning units shall be concealed from typical street level view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) of the Zoning Ordinance. . The trash enclosure shall be screened with a solid wall to match the main building and shall include evergreen shrubs having good screening capabilities, no less than three (3) feet in height at the time of planting, spaced in accordance with the City's Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. . All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as part of the formal site plan submission for Kramer Red Mill #20 Page 3 of 3 review by the Police Department to determine consistency with Crime Prevention Through Environmental Design (CPTED) principles and practices. All ~lighting shall be directed inward and downward within the site so as to eliminate glare onto adjacent properties and rights-of-ways. . No outdoor storage of auto parts or tires is permitted. All work must be performed within the building. Garage doors facing the east side of the site must remain closed at all times, except for vehicles entering and exiting the building. 9. Hours of operation will be 7:30 a.m. to 7:00 p.m., Monday through Saturday. 10. Vehicles being dropped off for repair shall be parked in a clearly marked and signed area in front of the building (west side of site). Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. ,! Submitting Department/Agency: Planning Department~ City Manager: ~'~~~~~ L11-213-CUP-2003 KRAMER RED MILL #20, LLC Agenda Item # 10 February 11,2004 Public Hearing ii Staff Planner: Barbara J. Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. ~ "i..:.:.!.!~:¥;; ': Location and General Information ": REQUEST: Conditional Use Permit for a tire store LOCATION: Property located on Nimmo Parkway, 291 feet east of Upton Drive ~.p L ~u2 Kramer Red Mill '. Y':~.."~'.~7 ~'"': '~ .... ~:.,:. .~ ~,,,.,','. .... ~ / , ..., .,'... ,..-/ -.,~.. .'....~ ~... ~ ~r,y., ..'/ z~-_~ ,' CUP - Tire ~torc GPIN' COUNCIL ELECTION DISTRICT: SITE SIZE: 24144518240000 7 - PRINCESS ANNE 1.39 acres KRAMER RED MILL #20 Agenda Item # 10 Page 1 EXISTING LAND USE: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: The subject site is undeveloped. The site is zoned Conditional B-2 Community Business District North: South: East: West: · Office building under construction/B-2 Community Business District · Multifamily development under construction / Conditional A-18 Apartment District · Single-family homes / R-7.5 Residential District · Exxon service station under construction / Conditional B-2 Community Business District There are no significant features on the subject site. The site is in an AICUZ of 65-70 dB Ldn surrounding NAS Oceana. Summary of Proposal The subject site, designated as Parcel E7, is part of a larger parcel that was recently rezoned on March 25, 2003 for an apartment community (Parcel E1 ) with two commercial outparcels (Parcels E6 and E7). The proffer agreement for this site is recorded as Instrument Number 200304080053552 with the Clerk of Court's office. Proffer 7 in the recorded agreement governs the subject site. Proffer 7 states: "The architectural design of the commercial buildings constructed within Parcels i=6 and E.7, when constructed, shall be compatible with the design of the buildings constructed, or planned design of buildings that may be constructed pursuant to Section 6 above, on Parcel 1=1. The predominant colors may vary but shall be earth tones. Accent colors of individual choice are permitted." The detailed site plan for the apartment community is currently under review and the apartment buildings are in the final design stages. In addition, Parcel E6 was recently approved by City Council for an Exxon convenience store, gas pumps and car wash. The site plan and buildings on the subject site have been coordinated with both the KRAMER RED MILL #20 Agenda Item # 10 Page 2 apartment plans and Exxon plans so that the site orientation, landscape plan and architectural elevations will be compatible with the apartments and Exxon. .. . .:. Major Issues The foflowing represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. · Degree to which the proposal is in substantial conformance with the recorded proffer agreement for this site. · Degree to which the use is compatible with the surrounding area. .... Co'mprehensive Plan The Comprehensive Plan recognizes that this site is within a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Established uses, scale, and relationship of land uses, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are: KRAMER RED MILL #20 Agenda Item # 10 Page 3 (1) The applicant has presented a site plan and architectural elevations that show a development that will be compatible with the proposed apartment complex as well as the recently approved Exxon convenience store. The materials and colors on the building match materials and colors used in the apartment complex. The roof shape and material, corner accents and landscaping match the details used on the E)o(on site. Staff feels that the proposal submitted by the applicant meets the intent of the proffer agreement governing the development on this site. (2) The use proposed by the applicant can be problematic when located adjacent to residential uses, mainly due to concerns of noise and aesthetics. There are several details provided in the applicant's proposal that Staff feels mitigate these concerns. The .applicant has provided wide landscaped buffers on the south and east sides that are adjacent to residential. A landscape buffer of 22 feet planted with Category IV plantings has been provided adjacent to the apartment complex. A landscape buffer of 60 feet planted with evergreen shrubs and including a 6-foot high masonry column and wood panel fence is provided where the site adjoins the established single-family neighborhood to the east. Also, the applicant has stated that the store hours are limited to 7:00 am to 7:00 pm and that all work will be done within the building. Staff has also recommended several conditions to be included with this use permit that will help maintain the aesthetic quality of the site over the long run. Staff, therefore, recommends approval of this request. Conditions o o o , The site shall be developed in substantial accordance with the site plan entitled "Kramer Tire Red Mill," dated January 10, 2004 and prepared by Boundary First, P.C. A copy of this site plan has been exhibited to City Council and is on file in the Planning Department. The building shall be developed in substantial accordance with the architectural elevations entitled "Kramer Tire Red Mill Commons" and prepared by Ansell Collins Associates. A copy of the elevations has been exhibited to City Council and is on file in the Planning Department. No outdoor vending machines, ice boxes, or display of merchandise shall be allowed. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall nor any neon signs or accents shall be permitted in or on the windows and/or doors of the building. KRAMER RED MILL #20 Agenda Item # 10 Page 4 , . o , All rooftop equipment, such as heating, ventilation, and air conditioning units shall be concealed from typical street level view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) of the Zoning Ordinance. The trash enclosure shall be screened with a solid wall to match the main building and shall include evergreen shrubs having good screening capabilities, no less than three (3) feet in height at the time of planting, spaced in accordance with the City's Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention Through Environmental Design (CPTED) principles and practices. All lighting shall be directed inward and downward within the site so as to eliminate glare onto adjacent properties and rights-of-ways. No outdoor storage of auto parts or tires is permitted. All work must be performed within the building. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require rew'sion 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. KRAMER RED MILL #20 Agenda Item # 10 Page 5 SuPPi~mental Information · 11,12 Zoning History Kramer Red A/lill CUP - Tire Store J#1 DATE IREQUEST IACTION 03/25/03 11/07/63 04/08/97 06/09/80 07/09/03 REZONING (B-2 to Cond A-18 Apartment and B-2 ) REZONING (RS Residential to CL Limited Commercial) REZONING (AG ~ Agriculture to R-10 Residential) REZONING (B-2 Business to R-6 Residential) CONDITIONAL USE PERMIT (gas/conv store/car wash) GRANTED GRANTED GRANTED GRANTED GRANTED KRAMER RED MILL #20 Agenda Item # 10 Page 6 Public Agency Comments Pub#c Works Master Transportation Plan (MTP): Nimmo Parkway fronting the north side of the site is designated on the Master Transportation Plan as a 100 foot wide divided roadway with controlled access. The portion of the road between General Booth Boulevard and Upton Drive was constructed as a four lane divided controlled access roadway by the developers of the adjacent Wal-Mart and regional shopping center. The current Capital Improvement Program (CIP) calls for the continuation of this roadway as a two lane minor arterial from Upton Drive east to Atwoodtown Road. CIP 2-151 - Sandbridqe Corridor Improvements (Partial) includes funding for the City's share of the two- lane roadway. The CIP states that construction of the roadway will be pursued via a cost participation agreement. On May 27, 2003 the Master Transportation Plan was amended to extend Nimmo Parkway east of Atwoodtown Road to Sandbridge Road. This portion of the roadway is designated as a 100 foot wide divided right-of-way with controlled access, bikeway and aesthetic overlay. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity 8,803 17,300 Proposed land use Nimmo Parkway ADT ADT - 647 ADT Water: Public Uti#ties This site must connect to City water. There is a 12 inch water main in Nimmo Parkway KRAMER RED MILL #20 Agenda Item # 10 Page 7 Sewer: This site must connect to City sewer. There is currently no gravity sanitary sewer fronting the property. Plans for sanitary sewer connection must be provided at detailed site plan review. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Fire and Rescue: Fire Department requirements will be addressed during detailed site plan review. KRAMER RED MILL #20 Agenda Item # 10 Page 8 Exhibits Exhibit A Aerial of Site Location KRAMER RED MILL #20 Agenda Item # 10 Page 9 Exhibit B ~roposed Site Plan KRAMER RED MILL #20 Agenda Item # 10 Page 10 Exhibit D1 Proposed Building Elevation "7 KRAMER RED MILL #20 Agenda Item # 10 Page 11 Exhibit D2 Proposed Building Elevation © III tO<E i I KRAMER RED MILL #20 Agenda Item # 10 Page 12 Exhibit D3 Proposed Fence Elevation KRAMER RED MILL #20 Agenda Item # 10 Page 13 NOIZVgI~IddV J~II~Etd EISa ~NOIZI6N09 NOI~LV3I~IrldY J~II~~[d ~[~I1 q~NOIJ~IflN03 Exhibit E Disclosure Statement KRAMER RED MILL #20 Agenda Item # 10 Page 14 Item #10 Kramer Red Mill #20, L.L.C. Conditional Use Permit South side of Nimmo Parkway District 7 Princess Anne February 11, 2004 REGULAR Joseph Strange: The next item is Item #10. It's a Conditional Use Permit for an automobile repair establishment on property located on the south side of Nimmo Parkway. The applicant is Kramer Red Mill, L.L.C. Dorothy Wood: Mr. Tisdale, welcome. Warren Tisdale: Good aftemoon Madame Chair, members of the Commission. My name is Warren Tisdale and I'm an attorney. I represent the applicant. You see here an application but it was not drawn on a blank slate. You recall this property along with the apartment parcel to the south was rezoned about a year ago. I think it was last March. There are conditions associated with that which the applicant had to deal. Also more recently, the parcel to the west, an Exxon convenience store is being developed. City Council had issued a Conditional Use Permit for that in August of last year. In terms of the impact on us, what we were doing with the situation where we had to develop with guidelines pretty much were all ready set for us. I think what you see with the design in front of you is something which responds to all of those. If you look and actually, this is upside down from the north to the top map that we were just looking at, but if you look to the left, there is a 100 foot drainage easement which you're probably familiar with that runs from the end of Nimmo Parkway. You can see that the whole development is drawn to the right that is away from that drainage easement and towards the road that is going to run between the Exxon convenience store and this facility. We set it up, again worked with Planning staff, and taken into account their comments. We shrank the side so that there is only going to be the lot itself is only going to be the impervious cover percentage is something only like 57 percent, which is extraordinarily low for a piece of property zoned B-2. You may recognize the landscaping along the bottom of the picture. That is the continuation of the landscaping that was required and matches the landscaping that is going to be provided for the Exxon convenience store facility, which is going to be to the right. Similarly, at the top of the picture, again you may recall from the work of the apartments they are going to be on top of this picture. There are garages for the apartments that run along there. Again, the landscaping along the back or along the outside of that matches with what was done with the Exxon facility. Similarly, along the road between us, and Exxon, with the guidance of the developer who retained some contractual rights to approve what it is we're proposing and also the Planning staff and this is the plan that we came up with. I think it's about as low impact then you can get and still be a good B-2 conditional use. Also, you may have looked at it in the informal this morning but also the elevations themselves that were presented. The colors that have Item #10 Kramer Red Mill #20, L.L.C. Page 2 been proffered are going to match the color whatever the apartments use. The whole idea was to have some sort of unified development adhering colors so the brick and the siding and the other shades are going to match what goes on the apartments, similar 'with the architectural brick shingles are going to match that development. So again, that's another tie-in. This shows the Nimmo Parkway frontage and one of the things that we added again, with input from staff was that we moved the building back a little bit from Nimmo Parkway. We did add the foundation landscaping that you can see on the preliminary plan. Going back to the preliminary plan if you would please, the one thing when we weren't looking into the ]Exxon facility for guidance on landscaping and design. You'll see that there's a fence. Actually, it's a masonry column wood fence that would be on the side of the property towards the drainage ditch. The idea there was that whatever impacts might be on the property across the drainage ditch would be alleviated by construction of the fence. The fence, you can go back to the fence detail that's provided would be a nice looking, six foot structure, again with the same materials and the same colors that was used on the facility. We 'think that the elevations and also the design layout are good. I think with the operation controls that you saw in the conditions when you looked at it this morning, also certainly rnitigate any impact on the adjacent properties. A lot of those, of course you got the standard ones that tie the development to what were proffering here today, in terms of planned elevations. Some of them are verbatim from the Exxon convenience store next door. We also had added there would be no outdoor storage of vehicles, auto parts or fires permitted. All work must be performed within the building. I got that message a little to late to be incorporated in the initial staff. I understand that was a report that you all saw this morning. Also, the hours of operation limited is from 7:30 a.m. until 7:30 p.m. So, I guess that is what we're bringing to you now. We think that as configured and as conditioned that it presents a logical use for that site, one of which, as conditioned would have less of impact than some other uses that might other be available under zoning B-2. Dorothy Wood: Thank you Mr. Tisdale. Do we have any questions? Warren Tisdale: I should say we did meet Sunday with the Board of the Red Mill Farm Civic League, which I think went real well. It obviously didn't go as well as I thought. I know that they're here to speak. Dorothy Wood: Thank you. Are there any questions of Tisdale? Are there other speakers Mr. Strange? Joseph Strange: We hawe speakers in opposition. The first speaker is Marlo Rosales? Did I pronounce that fight? Mario Rosales: It was close enough. Joseph Strange: Okay. Mario Rosales: It will get me to the supper table. Item #10 Kramer Red Mill #20, L.L.C. Page 3 Dorothy Wood: Thank you. We're happy to have you with us. Marlo Rosales: Madame Chairman, thank you for having me, members of the Planning Commission. Hello. My name is Mario Rosales. I live at 1321 Warner Hall Drive in the Red Mill Farm subdivision. I'm the president of the Red Mill Farm Civic League. I came to comment on this. We do officially for the record do support the effort that they've done. My thanks go out to Barbara Duke and Eric Anderson of Lakeside Construction for working with Mr. Tisdale and Mr. Lipscomb. It's an excellent elevation. It doesn't look like any car repair facility that we've seen in the city. The only thing when we met with him this past weekend, we just had four things that we would like to see addressed more clearly in the proffers. With regard to the no overnight storage of parking, we would like to have them address in there about no drop-offs of cars. I know that early bird specials at some places like Firestones and things like that are prevalent but given the fact that the front of the building does not face any street. We have a crime concern there because especially in our neighborhood now larceny of automobiles and personal property is very prevalent. It's on the rise. With regard to the dumpsters, we're seeing also an increase in the shopping center. People like to throw their personal trash in the dumpster. So, we would like to ask that the enclosure, which he has provided for in the elevations be gated and then locked nightly, so that no one can come in. Also, the hours of operation, while they say right now daily from 7:00 to 7:00 and that was the last letter that I've received. I now understand from 7:30 to 7:30? Warren Tisdale: 7:30 to 7:00. Mario Rosales: 7:30 to 7:00? Okay, thank you. We were told at the meeting that they don't operate on Sundays. Ed Weeden: You got about 45 seconds. Mario Rosales: Thank you. We were told that they don't operate on Sundays so we would like that spelled out in the proffers also, Monday through Saturday, 7:30 a.m. to 7:00 p.m. Other than that, it's a good job and everybody is commended for caring for our neighborhood. Dorothy Wood: Thank you. Would you please answer questions of Planning Commissioners? Mario Rosales: Sure. Dorothy Wood: Mr. Ripley? Ronald Ripley: The one comment that you made about the gate and locking of the dumpster enclosure, I mean that sounds like a solution but on a practical matter these companies come to pick up their trash have to able to get to it. If they're locked, there are different trucks and nobody has a key. That's probably not a practical solution. Item # 10 Kramer Red Mill//20, L.I_,.C. Page 4 Certainly, enclosing it properly and making sure visually you're okay with it is something that I think we're trying to achieve. Locking the gate could be pretty tough. Mario Rosales: Well, Ibe, lieve Mr. Eric Anderson has that in his commercial development agreement is that the dumpsters only come during the day. The dumpster drivers only come during ~he day. They don't come at night. Ronald Ripley: When they show up and if there is nobody with a key it's a problem. Then you have overflowing and it's a mess. Mario Rosales: That is what we're trying to mitigate because we do see an increase in that especially seagulls now hangout a lot in the parking lot. And, I live directly across and there are four houses that would be directly impacted by this as well. As well as there are a couple of houses directly catty corner to it, as well South Shore Estates, will be directly impacted by this. Ronald Ripley: It's good to hear that the applicant was very cooperative and it looks you all worked together pretty good. We appreciate that. Mario Rosales: Yes. Thank you very much. Dorothy Wood: Are there any other questions? Jan? Janice Anderson: Could you explain a little bit more about the activity you call drop-off that you don't want done at the site? Mario Rosales: Right. What we are concerned about is these early bird specials for people who want their cars changed but they don't have time. Like me, I have to be at work by 6:30 in the morning. And, since they don't open up until 7:30, I would like to be able to drop my car off and some people would probably want to drop it off at 7:30 or 8:00 o'clock at night. Since they're not going to allow cars to be left overnight in the parking lot we simply like: to have that taken one step further and not allow cars to be dropped off at all. That could be mitigated with a chain across their entrance because there is only one entrance into that property. It's just something to be addressed to prevent that occurrence. Janice Anderson: You wouldn't be able to drop your car. Mario Rosales: Exactly. But, again this is a car repair business. This isn't just changing tires. There are oil changes, alignment, brake jobs and things like that. It's the last commercial piece of property and all be it the nosiest that hits straight into a residential district. Looking at the property right there you move to the left of the screen you're in the middle of Red Mill Farm and South Shore Estates. So, we want to minimize the impact of a commercial business as much as we can. Item # 10 Kramer Red Mill #20, L.L.C. Page 5 Dorothy Wood: Thank you. Are there any other questions? Thank you Mr. Rosales. We appreciate you coming down. Joseph Strange: We have two people speaking in opposition. The first one is Carole Normandy. Carole Normandy: Good afternoon. Thanks for taking the time to listen to us today. I brought a few photos. Ed Weeden: Could you identify yourself please? Carole Normandy: I'm Carole Normandy and I live at 1072 Sandoval Drive in South Shore Estates. My property catty comer adjacent to the back and I am right there. So, I have some photos that show my house and neighbors. You can see the proximately and also these three houses here so you can see the proximately to this. My main concern is that I'm opposed to this type of business is the noise level. Our living space in our house, our family room, kitchen, master bedroom are all on that backside of the house. So, the noise of a car tire place, the tire removal noises early in the morning, on the weekends while we're in our family room. The construction that is happening now on the apartment, the noise we can hear it inside the house with the doors and windows shut, the reverse beeping of the trucks or the dump trucks dumping. You can really hear all the noises very clearly. So, if there is a business that's a noisy like that behind our house, we feel that is going to bring down our property values and detrimentally affect our quality of life in our home. So, those are the main concerns. They had addressed working requiring the bay doors to be closed while they're doing the work. You know with a tire place, they are in and out a lot so those doors are opening and closing a lot and the noise is still escaping. Dorothy Wood: Your sound effects were wonderful. Carole Normandy: Thank you. Dorothy Wood: Are there any questions? Janice Anderson: What are the pictures trying to show? Carole Normandy: They just show the proximately of the houses. Janice Anderson: Just how close it is? Carole Normandy: Just how close it is to the proposed site. It's hard to tell when you're looking at it. Dorothy Wood: We go out and visit every site and we did see it. You have lovely homes and they're well maintained. Item #10 Kramer Red Mill #20, L.L.C. Page 6 Carole Normandy: Well,. thank you. Dorothy Wood: Are there any other questions? Thank you very much. Robert Miller: Do you want us to see those pictures? Carole Normandy: Sure, if you would like too. Robert Miller: If you want to, you can give them to us. Dorothy Wood: Make sure you get them back after the meeting. Carole Normandy: They're copies. Dorothy Wood: Thank you. Carole Normandy: Thank you. Dorothy Wood: Are there any more speakers? Joseph Strange: The next speaker is Eric Hemmings. Dorothy Wood: Thank you for coming Mr. Hemmings. Eric Hemmings: Thank you very much. Good afternoon Madame Chairperson, congratulations. Dorothy Wood: Thank you. Eric Hemmings: Committee members, my name is Eric Hemmings and I'm the Vice President of South Shore Estates and Ms. Normandy, who you just spoke is one of my biggest opponents of this projects. For the record, South Shore Estates doesn't oppose the project. I have several issues that I'll go through really quick with you to kind of discuss that. First and foremost, within the actual proffer reading, the major issue is actually the compatibility with this type of business. In the area being residential and so forth, we don't really feel like as with the Exxon, we don't really feel like that was adequately addressed. We still believe that these two businesses and obviously Exxon was approved in going forward and we believe that this business represents more of a high impact business, not necessarily low impact. Ms. Normandy gave you the sound effects. We are concerned with that with the noise and so forth so, the major compatibility. I had spoken with Mario, who is at Red Mill Farms and 'we agree with that if we can get some sort of condition put in there that if and when this is approved that there be no drop-off. We; felt strongly about that as well. And, we would like also in the conditions if we could actually have the doors closed at all times. Again, if and when this project is approved if the work could be done in doors at all times, which I believe is one Item #10 Kramer Red Mill #20, L.L.C. Page 7 of the conditions but if we could have the actual condition be that the actual bay door are closed to reduce the noise. The third thing seems to be that there is some confusion about the operating hours. We had originally been told 6:00 p.m. and I guess that was a mistake and it has gone back to 7:00 p.m. We would like 6:00 so people can get home from work and have dinner and so forth or sit on their deck and have dinner and not have to listen to that type of noise so we would push for 6:00 o'clock. Ed Weeden: You have just about 45 seconds. Eric Hemmings: I guess the last thing I would like to make is that Eric has done a great job out there. Mr. Anderson and we appreciate his help and think he's done a great job but again, our long term goals is really to preserve that last lot that's at the end of the lake. We just really and if you remember the last time we were up here we kind of pushed the Council for that as well. We really like him next to when he comes up to really have a legitimate low impact business at the end of that lake because it is a beautiful property. Dorothy Wood: Thank you. Would you mind answering questions from the Commission? Eric Hemmings: Absolutely. Dorothy Wood: Do we have any questions? I believe the hours are 7:30 in the morning until 7:30 in the evening. Eric Hemmings: I've heard a few things. We originally got to 6:00 p.m. I think the agreement says 7:00 - 7:00, and then I've heard other things since. We would like 6:00 p.m. Dorothy Wood: Thank you sir. Are there any other questions? Thank you so much for coming. Eric Hemmings: Thank you very much. Dorothy Wood: Mr. Tisdale, would you like to rebut? Warren Tisdale: First thing time. I regret that I must have miscommunicated with Ms. Duke. It is 7:30 a.m. to 7:00 p.m., not 7:30 p.m. So, it's 7:30 to 7:00. I appreciate all the points that have been made. Again, this project was developed basically in response in anticipation of those comments because it is a residential neighborhood across this drainage ditch. Most of you have probably been out there one time or another and unless you get there and it is next door but there is a huge lake. There is this huge drainage ditch. It's 100-foot easement. We're 60 feet further in. The building itself is another 60 feet so all of that together at least from the Red Mill Farms backyard you're at least 200- 300 feet or something like that. The South Shore Estates, again they're across what is Item #10 Kramer Red Mill #20, L.L.C. Page 8 Nimmo Parkway that impact should be less. The work will be done inside. I don't think it's feasible to keep the doors shut while they're working on the cars all the time. All the work is done inside and we think it's far enough away that it is not going to generate aggravated noise or noise that annoys people. Again, the Sunday hours and I can tell you that Kramer Tire does not open on Sunday. None of its locations are open on Sunday. It's not anticipated that it's going to happen but in terms of the market what might happen in 5 or 10 years, if everybody else starts doing it they may have to in order to be competitive. They might have to come back and get it modified in each of the 6 or 7 locations that they have iht Virginia Beach. This is a local company. They work and live in this community and have a lot of businesses in this opportunity so they're very much interested in staying in good terms with everybody. The dumpster issue, again, we proffered the elevations and how that enclosure is going to look. It's going to be nice. I guess if it's the Commission's desire we could go with some sort of security setup for it. I don't think it's going to be quite the draw because it's on the other side. It's not going to be obvious where the dumpster is. Also, as the seagulls, we don't have any food waste. We don't have an3' paper like the convenience store next door would have so we probably won't have the kind of materials there that would draw that kind of nuisance also. So, I guess the upshot is that I appreciate all the comments that have been made. We're hopeful that conditions and the significant work that we've done with Eric Anderson and the staff and the positive staff report would lead you to give a favorable recommendation. Dorothy Wood: Thank you Mr. Tisdale. Are there any questions? Robert Miller: Can you go back to the site plan please? You gave us two elevations. What side are the doors on? I assume they were on the side towards the access way. Warren Tisdale: If you look at one elevation, this is actually the front. This where you come in, the doors are going to be here and here. Robert Miller: So there are doors to drive all the way through? Warren Tisdale: Correct. Robert Miller: In the norraal course of operations, would the doors on the back side, towards the drainage easement on the left as your looking at it, would those be closed during the normal course of operations while you have people driving in and then you open them to drive car out? I'm just trying to ask an operational question because I think it affects the noise issue. Warren Tisdale: My experience is that some are open and some are closed, very infrequently would all of them be closed. Robert Miller: They wouldn't be open all the time is what I'm to get out of that side. Normally, they would be closed. Is that the normal operational standard that you follow? Item #10 Kramer Red Mill #20, L.L.C. Page 9 Warren Tisdale: I refer to Julian Lipscomb who' s the Vice President of Property Development of Kramer Tire. Robert Miller: If you wouldn't, I think it goes to the noise question, if he could come up? Dorothy Wood: Mr. Lipscomb, would you please come to the podium? Julian Lipscomb: Madame Chairman, gentlemen. I'm Julian Lipscomb. I'm the one of the Vice Presidents. I think there's another one as well. I'm retired except for development of property. And to answer your question we deliberately positioned this store on this piece of property to minimize any of the sound. As you said, the left and right and our doors are right and left there. The right side faces the back of the Exxon store to begin with. We moved the building. We were using more of the property but we deliberately moved the building over quite a ways. Then we increased this plantation and we added a fence all in an effort to minimize any sort of sound. To keep the doors and to get back to your question, to keep the doors close Mr. Miller, when you're changing cars from one bay to the other bay to the next bay, some doors are going up and down constantly. And, you would be changing tires in this bay and the doors open on the second bay. It really doesn't serve any purpose. We don't think we generate enough noise to be of any concern period. Number two you'll see we're adequately bermed with plantation all around. All of this is a sound damper as well as beauty. We think we have addressed all of these problems. We hope we have. We're trying to be good neighbors and that property could be easily a McDonald's or something. It would be a lot more trouble than a 7:30 to 7:00 hours. They would be open all the time with a sound speaker and everything else. Robert Miller: I think you all have done and I want to give you the proper credit Mr. Lipscomb. You all have done a great job working with Red Mill as they acknowledged and some of the other neighbors. I think the neighbor's concern towards the noise as it was heard last night may be a individual noise situation at one point in time. But what I was trying to understand was your operational side of things and what you've explained is very, very good. I think you did a great job with the architectural design of it. The layout seems to be filling a lot of the issues that we were concerned with and certainly the landscaping and the fence along the backside adds an additional level of comfort to it. I'm satisfied with your answer. I didn't mean to and anything you do operationally is really something that we don't understand. That is why I asked the question was how those doors would go and could they be closed all the time? I assumed during certain times of the year it's probably advantageous to have them closed like during the winter. Julian Lipscomb: In the winter, they will be closed. Robert Miller: And, then during the summer at times that it may be somewhat advantageous unfortunately to have them open. So, you all don't have a restriction on when making them closed. Item #10 Kramer Red Mill #20, L.L.C. Page 10 Julian Lipscomb: No. Robert Miller: Thank you. Dorothy Wood: Are there any other questions for Mr. Lipscomb or Mr. Tisdale? Gene? Eugene Crabtree: I was going to ask this question. I was going to address the thing of drop-off. I know that it's common practice with Kramer for their other stores to have the drop-off facility to benefit their customers that have to go to work early. I also know that most of the Kramer stores have an area where when people drop-off that they park their cars where a visible area and out so that security won't be a problem of someone possibly breaking in to them or stealing them. If you were to have drop-off, could you have the drop-off in one of your parking spaces that would be visible to the Exxon operation as well or be visible sufficiently that you would eliminate vandalism or theft? Warren Tisdale: I think we could probably designate spaces for drop-off. Again, the scale of drop-offs and I know a lot of the car dealerships use them now and a lot of people get there early and see them stacked up. A location like this and I think if they handle 30 cars a day or sold 37 tires a day they would be extremely happy. You're not talking about 10 people dropping their cars off in the morning. There may be some and as a courtesy to the custotner they would like to retain the right to do that. And some of them could be early with military personnel in the area and going to work early. They might have to drop them off early. I'm sure they could designate certain spaces, which have the best visibility from the Exxon station, again, which would be open to maybe along the road may be cut in there. Normally, people will do that probably anyway as they park their cars. Eugene Crabtree: I'm looking at this from the customer standpoint. It is a benefit to customers who have to be at work early to be able to do that. I just wanted there to be someplace where it would be visible that would not objectionable to the community. Julian Lipscomb: Mr. Crabtree, let me address that, Julian Lipscomb again. What we would propose is that people who have to make that choice would park in front of that first bay. That's where the drop-off facility, I mean the place for the keys and what not. So they would immediately park in front of the bays. It would be clearly visible except for whatever Exxon puts up on their piece of property. But that is where it would be. Eugene Crabtree: Thank you sir. Julian Lipscomb: Are there any other questions? William Din: Let me ask you this question Mr. Tisdale. We were handed a sheet of revised conditions here. You've seen them correct? It has nine conditions on. there. Warren Tisdale: And that's correct, except for the 7:30 p.m. It should be 7:00 o'clock. Item #10 Kramer Red Mill #20, L.L.C. Page 11 William Din: I wanted to make sure that you saw that it said 7:30 to 7:00 p.m., I guess, but it doesn't specify the days of operation. Warren Tisdale: Correct. William Din: I think they were asking and you sort of agreed that there would be no Sunday operations. Warren Tisdale: My client's position is that they don't want to limit themselves to six days a week at the same time they don't operate on Sunday now and there is no intention too. They want to avoid having to come back and get that condition changed if the market changes and that is what their competitors do. William Din: So you want to leave it open in other words and not specify the days of operation? Warren Tisdale: Correct, with the understanding that with anything I would add would be a limitation so you could say seven days a week to be more clear about it. William Din: Okay. Number 8 was modified to add that there was no storage of vehicles outside. I'm not sure if drop-off is considered storage or not. Warren Tisdale: I would suspect it's not. What that means if they're working on a car and it's going to be there all night and they can't get to it or it's a kind of job that takes more than one day or from one afternoon to the next morning, that would not be parked outside. Any cars like that would be kept inside. William Din: So, if they had to be kept overnight, you would move them inside? Warren Tisdale: Definitely. William Din: I guess I didn't understand that there were doors on the left hand side of your building there, the side facing the drainage area. Warren Tisdale: Yes. William Din: Obviously, if you have work going on during the day those doors would be normally closed. I would consider those normally closed doors to keep the noise down to the absolute minimum and only operate them to allow vehicles to go in and out. Is that correct? Warren Tisdale: I think that's correct. I think the default position is that they be closed. It may depend on the weather. Again, they may more activity on some days than others but generally I don't think them coming in the morning and opening up all the doors. We can wait and see what happens. Item # 10 Kramer Red Mill #20, L.L.C. Page 12 William Din: Thank you. Warren Tisdale: The doors are closed until they need to be open. William Din: I rather see that as a written policy in the conditions rather than leave that as an open statement of understanding of operation that you would have there because that does face the residential area if anything. I can understand that during some periods of time that the doors on the right side could be left open but even those situations you're going to have a lot of noise coming out of there when you're changing tires. If you have doors facing the residential area I don't think there' s enough landscaping or fencing there to keep any noise from going directly across there and I think that it would be too much. Warren Tisdale: To address your point, there is no denying that the use of this automobile related use and it does create noise but I don't know if you've been around one of those. I guess everyone drops their cars off now and then but there is some noise generated even if the door is open. But it is contained on three sides and it drops off dramatically the further away you get. I think sometimes we think of these noises from what we hear standing outtside while somebody is working on a hot car inside and it sounds real loud. Again, you're talking through the backyard of the nearest neighbors in the Red Farms area. If you go from their backyard, first of all you got a 100 tbot drainage easement and then you got on our side 60 feet before you even get to the parking lot and then you got another before you get to the bays. I think you got another 60 feet. So, you're talking 220 feet and sound travels. I'm not saying you'll never hear it but I think what we're dealing with is a baseline and maybe over emphasizing how loud it is going to be. I guess in response to your question and your question is whether we could build into the proffer a policy. An operational policy to within reasons at all times that when they're being used. They don't need to be open to keep them closed. William Din: These are conditions and maybe the conditions can be modified. When I look at the elevations in rny agenda item on page 12, could you go back to the elevations? That doesn't look like doors there. Is that the backside? Warren Tisdale: That's the Nimmo side. William Din: The Nimmo side. You didn't show the backside. Warren Tisdale: We don't have one of the back side. But yes, they run all the way through which it wasn't clear on the preliminary plan. I apologize. It should be clear on the preliminary plan. That is what we call the front. But again, that faces the Exxon. This is meeting other design considerations or other pressures. The building is turned this way so that the opening is away from the houses but that presents the other elevations that you have in your packet is the Nimmo Parkway appearance. We don't have one of the back side. William Din: Will the backside look very similar to this? Item #10 Kramer Red Mill #20, L.L.C. Page 13 Warren Tisdale: You'll have the five but I guess you won't have the blue band or the sides or anything but you will have the bays that will look like that. Yes. It will basically go all the way through. William Din: Okay. Dorothy Wood: Thank you. William Din: Thank you. Dorothy Wood: Are there any other questions? Mr. Horsley? Donald Horsley: Go back to the zoning map Stephen if you would? You said from the backs on the yards, the people who live to the fight of the B-2 that is in red, from the back side there to where your building is going to be, how many 200 something feet? Warren Tisdale: Well, I'm saying that I believe that is a 100 foot drainage easement right there, that big huge distance back there. I didn't measure but that is how it appears on every plan that I've seen. It says 100 foot. And if you look at our preliminary plan from there to where the parking starts there is another 60 feet. I think that it is mentioned in the staff report. And, then from where the parking lot starts to where you actually get to the building, again roughly scaling it off, I think it's another 50 to 60 feet. So, together that would be 200 feet. Donald Horsley: Yes, if all those figures are close to being correct. Warren Tisdale: Two thirds of a football field. Donald Horsley: My only other question that I have and out of all the B-2 property in this area, was this your number one choice or this what was left over? Warren Tisdale: Initially, in working with the developer, there was a site which Kramer Tire and I wasn't involve with it but I understand it was proposed on Upton for various reasons. Some of them, I understand proposed by the City and had it been a good idea. They definitely wanted to locate in this area. Again, the property was rezoned Bo2 fairly recently. Everybody went through there land use analysis and I'm not sure what the recommendation was here but City Council said that we understand that's a B-2 parcel. It's next to the residences but the way we can make people condition it so it's not an impact. Somebody made the judgment that was a B-2 parcel. Dorothy Wood: Mr. Strange, did you have a question for Mr. Tisdale? Joseph Strange: Yes. I'd like to go back to the Sunday hours for a minute. I would think that the residents would at least like to have some type of assurance that they would be at Item #10 Kramer Red Mill #20, L.iL.C. Page 14 least modified hours on Sunday even if they couldn't get the assurance on when you would be open at all. Warren Tisdale: I guess 'we never thought that far into thinking about that. Something in the lines of if it was open on Sunday, it would 12:00 to 6:00? Joseph Strange: That would be at least something. Julian Lipscomb: We have not considered that because we don't open on Sundays. We never even thought about opening on Sundays. I'm sorry we can't answer that because we've thought about it because we don't see a necessity for that at this point. Another thing we didn't want to see traffic blocked up for something that wouldn't be beneficial for some of the homes. We don't know if some of the owner had it or something. We have no intention of opening on Sundays, at this point. Dorothy Wood: Thank you. Are there any other questions for either Mr. Tisdale or Mr. Lipscomb? Thank you both. Is there any discussion? Mr. Rosales, we normally don't allow people to come back unless they have new information or sponsored by a member of the Planning Commission. Joseph Strange: I'll sponsor him. Dorothy Wood: Thank you. Mario Rosales: Thank you Mr. Strange. I do have some new information. When we met and could we please go back to the elevation to what they call the side elevation please? Okay, when we met with them last Saturday that was represented to us by Mr. Tisdale but that was the back. So, therefore we had the civic league, the Board of Directors had no real issue with the noise problem because that was represented to us and we specifically asked that, "is that the back?" We positioned it when we laid out the site plan on the floor. We had the front elevation and we had a copy of the rear elevation and he confirmed it visually. And, we asked the question specifically if that was a solid wall and they said yes. But if this is the side, then the deal is off. It's a deal breaker to have the door running through the back because there will be noise through there and that would be our issue. That was our first concern for the four houses. That right there was presented to us as being the rear elevation. And, if it's an oversight, I'm sure it was an honest hone. But, it changes our perspective. Dorothy Wood: Thank you very much. Mario Rosales: Thank you. Warren Tisdale: I understand he's withdrawing and that's another comment. But let me say that at the meeting Sunday with all the things spread there may have been an misunderstanding but I've always known that was the Nimmo Parkway side and never in Item #10 Kramer Red Mill #20, L.L.C. Page 15 my wildest dreams have I told somebody that looking at that I would have never told him. If there was a misunderstanding and that is certain that is exactly what it was. I never told anybody that was the side the faces the residences. Dorothy Wood: Thank you Mr. Tisdale. Let's open it up for discussion. Mr. Miller? Robert Miller: I'll take on the low hanging fruit here. The hours of operation 7:30 to 7:00 p.m., Monday through Saturday and what I would suggest that condition read and as such time they would want to be open on Sunday, you can come back. I think Mr. Lipscomb was very clear and Mr. Tisdale also that is not the normal course of our operations. I wanted to get that out of the way. The back doors and my opinion is that what we have the state is that those doors need to be closed as a matter of course that is the normal condition of those doors. And, that they would be closed during operations within the reasonability of being able to be closed. In other words, when you're working on the vehicles inside that those doors would be close and at that would be a condition of this approval were it to be approved. As far as the trash collector goes, I'm not personally in favor of putting locks on things and evidentially to find some bolt cutters and break them off and things like that. I think that's a responsibility of the owner. These people are investing in this property. I know the Kramer Tire people have been around here for many, many years and run a very, very nice operation. I think they are taking a lot of pride in the way they presented this particular facility. So, I can't see that being a problem. Seagulls are something we love and enjoy in Virginia Beach and I'm not going to pick on seagulls. They can be wherever they want to be. I think the issue with regard to what was presented to the civic league, or what was understood by the civic league, is something that I feel is something, I just don't feel we can address. I personally feel like I'm going to support this with those additional conditions. If I missed anything else I'm sure somebody will catch that. Oh, the drop-offs, excuse me. I did miss that one thing. I don't have a problem with drop-offs. I think that is part of what would be reasonable in this type of business. I think as Mr. Lipscomb says that it be kept at the front of the building towards the Exxon station is exactly where I would want them to be done. If that becomes an issue of them being dropped off for extended periods of time, that's already covered in the conditions that you're not going to be able to keep vehicles there. I think that is adequate that we be able to drop vehicles off at the site would be fine with me. I believe they have done a good job with the project. I'm not thrilled with the Nimmo Parkway side of this building but I guess that is what everybody wanted. I guess I'll go along with that and the rest of the operational things as so stated. Dorothy Wood: Thank you. Mr. Crabtree? Eugene Crabtree: I just say I support exactly what Bob said and the conditions and the rewording of the conditions as he specified. I also will support this thing. I think Kramer has done a good job on this one. Dorothy Wood: Thank you. Is there any other discussion? Mr. Din? Item #10 Kramer Red Mill//20, L.L.C. Page 16 William Din: I guess the condition for the closed doors on the left side will be addressed between now and Council so I'll agree with that. When I first looked at this elevation I thought this was the backside facing the residential area also and that is why until it was revealed that the doors would be passing through. It was kind of a surprise to me also. I think with the closed doors it should help that situation out. I do believe the tire changing operation is allowed operation and I'm not sure that I can support the type of noise that will be generated here but I think we are trying to mitigate this. I think we will try to do a good job with the neighbors here. I'll be supporting this thing with the conditions that noise be attenuated with tlhe closed doors. Dorothy Wood: Mr. Ripley? Ronald Ripley: I don't think I would comment. I thought Will was saying something to be resolved between now and City Council but if I understood Mr. Miller, the doors on the east side of this building need to remain closed at all times where possible.. That is what we're talking about. They need to let cars in and let cars out after they serviced them. William Din: I would like to see there is that the doors be normally closed except when open to allow vehicles to leaVe and enter. Dorothy Wood: Is there any other discussion? Stephen White: Madame Chairperson, can I propose at the end of Condition//8 that it will simply state, "garage door facing the east side of the building must remain closed except for the purpose of 'vehicles entering and exiting the building." Ronald Ripley: That's good. Joseph Strange: I have one other question. How are the customers going to know where they drop the cars off?. How are they going to be directed to make sure that the cars being dropped off are minimal effect in the neighborhood? Julian Lipscomb: We assume they would make arrangements verbally and of course we have a letter slot and a personnel door right at that corner, which is the logical place to dispose of their keys or leave their keys. Now of course, right in front of the first bays is the logical place, as you know, we're not a motor company because we don't get a whole line of cars. I wish we did but we don't. Joseph Strange: Most of these places do have a place marked either with a yellow line or something for them to come in. Julian Lipscomb: We do too. Joseph Strange: Okay. That is what I was talking about. Item # 10 Kramer Red Mill//20, L.L.C. Page 17 Julian Lipscomb: A letter drop for their car keys and a sign. Dorothy Wood: Thank you Mr. Lipscomb. Is there any other discussion? Donald Horsley: I'll just make one comment. I'm not real excited about putting this facility that close the neighborhood. I know it is B-2 property and we could have some other things in there. The staff and the applicant seems like they've done an outstanding job of trying to blend this into neighborhood. I would much rather seen this over in the shopping center area. I think it would benefit over there but there's no room for it over there. Knowing the track record that Kramer Tire has in the lengths they have gone to trying to accommodate the neighborhood and the wishes of the Planning staff, I'm going to say that I'm going to be in support of the application. Dorothy Wood: Thank you. Do I hear a motion? Robert Miller: I'd like to move for the approval of Item #10 Kramer Red Mill with the 9 conditions we had and the modification of Condition #8, third sentence, "garage doors on the east side of the building will be closed except for vehicles entrance and exit." Modification of Condition #9, "hours of operation will be 7:30 a.m. to 7:00 p.m., Monday through Saturday." The addition of Condition #10, that the drop-offs will be limited to the area on the west side of the building with appropriate signage and identification of where the vehicles to be dropped off. Dorothy Wood: Thank you Mr. Miller. Do I hear a second? Donald Horsley: I'll second it. Dorothy Wood: Thank you. Is the vote open? AYE 8 NAY 1 ABS 0 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS ICNIGHT MILLER AYE RIPLEY AYE STRANGE AYE WALLER WOOD AYE NAY ABSENT ABSENT Ed Weeden: By a vote 8-1, the application of Kramer Red Mill, with the changes so noted on the conditions has been approved. Item #10 Kramer Red Mill #20, L.L.C. Page 18 Dorothy Wood: Thank you. · M~ Shoreline Investments, LLC / R-7 /o CUP - Auto Sales DATE 08-12-03 12-03-03 04-22-85 02-24-98 01-28-92 I REQUEST Conditional Use Permit (private school addition) Conditional Use Permit (church) Conditional Use Permit (church) Conditional Use Permit (auto rental) Conditional Use Permit (motor vehicle rentals) [ACTION Granted Granted Granted Granted Denied CITY OF VIRGINIA BEACH AGENDA ITEM III ITEM: Shoreline Investments, L.L.C.- Conditional Use Permit (used motor vehicle sales) MEETING DATE: March 9, 2004 Background: An Ordinance upon Application of Shoreline Investments, L.L.C. for a Conditional Use Permit for motor vehicle sales (used) on property located at 5409 and 5417 Virginia Beach Boulevard (GPINS 14675732390000; 14675723010000). DISTRICT 2 - KEMPSVILLE Considerations: The applicant is proposing to operate a small used motor vehicle sales business on what are now two adjacent pieces of property. The site is currently zoned B-2 Community Business District with approximately 232 feet of frontage along Virginia Beach Boulevard. The application indicates that the business will have 10 employees and plans to have as many as 50 vehicles for sale on the property. The number of vehicles may change as a result of adherence to all final site plan review requirements including screening and landscaping as set forth by the City Zoning Ordinance. The proposed hours of operation are: Monday through Saturday 9:00 a.m. to 8:00 p.m. and Sunday 12:00 p.m. to 5:00 p.m. The existing building on the site will serve as the office for the sales business. Modifications to the building will be minor and will include new doors and windows. The height of the building will not change and is not permitted to be above 35 feet according to the B-2 Community Business District requirements. Staff recommended approval. There was no opposition to the request. Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. All required parking spaces must be marked (painted) clearly on the site, including installing the required handicap spaces in accordance with Americans with Disabilities Act (ADA) regulations. 2. The repair of' automobiles, or outside storage of parts, equipment, or wrecked and/or inoperative vehicles shall not be permitted on the site. Shoreline Investments, LLC Page 2 of 3 . In addition to all required landscaping for Display Areas, Foundation Plantings, Interior Parking Lot Landscaping, and Screening, a minimum landscape strip ten (10) feet wide shall be installed along each public right-of-way, planted in accordance with the standards for streetscape landscaping as set forth in the City's Landscape Guide. , Where a six (6) feet high solid fence does not currently exist, a minimum six (6) foot high solid fence must be installed along the rear (southern) property line in addition to the required landscape screening. All vegetation shall be planted adjacent to the property line and the fence installed to the north of the plant material. Chain link fencing is not permitted. 5. No vehicles shall be displayed on raised platforms. 6. No advertising banners, streamers, balloons, or pennants shall be permitted. 7. No outdoor public address system or paging system shall be used. 8. A Certificate of Occupancy shall be obtained from the "Building Official" prior to occupancy. 9. Any freestanding sign shall be monument style not to exceed six (6) feet in height with a brick base to match the existing structure. 10. Parking space and display area spaces must be clearly delineated on site plan and the parking lot must be striped in accordance with the approved plan. Vehicles are to be parked in the designated areas and no vehicles shall be parked within any portion of the public right-of-way. 11. All lighting on the site shall be directed to the interior of the site and away from adjacent residential homes. 12.Any significant, future modifications to the building (removal and replacement, change in exterior material, etc), other than what is depicted on the elevation entitled "Oceanside Auto Group, L.L.C.," prepared by Architectural Link, dated December 22, 2003, shall require additional review and approval by City Council. Attachments: Staff Review Disclosure Statement Plannin9 Commission Minutes Location Map Shoreline Investments, LLC Page 3 of 3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/.A~g)encY: Planning Department~ City Manage~ A00-210-CUP-2004 SHORELINE INVESTMENT, L.L.C. Agenda Item # 6 February 11, 2004 Public Hearing Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this appfication. .... .' '~ ~'I~.:~ ~','..': Location and General Information REQUEST: Conditional Use Permit for a motor vehicle sales operation. LOCATION: Property located at 5409 and 5417 Virginia Beach Boulevard. CUP - Auto Sales GPIN' COUNCIL ELECTION DISTRICT: SITE SIZE: 14675732390000; 14675723010000 2- KEMPSVILLE 0.73 acres SHORELINE INVESTMENT Agenda Item # 6 Page 1 EXISTING LAND USE: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: Vacant single-family dwelling North: South: East: West: · Office warehouse (distributor) / I-1 Light Industrial District · Single-family dwellings / R-7.5 Residential District · Retail/B-2 Community Business District · Office / B-2 Community Business District The site is located in the Chesapeake Bay watershed; however, there are not significant environmental features on the site as it is currently developed as single-family residential. No trees or wetlands are present. The site exists primarily as lawn. The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposal ' !;i, The applicant is proposing to operate a small used motor vehicle sales business on what are now two adjacent pieces of property. The site is currently zoned B-2 Community Business District with approximately 232 feet of frontage along Virginia Beach Boulevard. The application indicates that they will have 10 employees and plan to have as many as 50 vehicles for sale on the property. The number of vehicles may change as a result of adherence to all final site plan review requirements including screening and landscaping as set forth by the City Zoning Ordinance. The proposed hours of operation are: Monday through Saturday 9:00 a.m. to 8:00 p.m. and Sunday 12:00 p.m. to 5:00 p.m. The existing dwelling wilt serve as the office for the sales business. Modifications are minor and include new doors and windows. The height of the building will not change and is not permitted to be above 35 feet according to the B-2 Community Business District requirements. SHORELINE INVESTMENT Agenda Item # 6 Page 2 Major Issues The foflowing represent the significant issues identified by the staff conceming this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. · Compatibility with surrounding land uses and existing zoning. · Consistency with the Comprehensive Plan. · Aesthetics and screening of the proposal. · Efficient and safe internal access and circulation for pedestrians and vehicles. Comprehensive Plan The Comprehensive Plan identifies these parcels as Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. Staff Evaluation" Staff recommends approval of this request. SHORELINE INVESTMENT Agenda Item # 6 Page 3 Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are (1) The site is adjacent to single-family dwellings to the south; however, the property does have approximately 232 feet of frontage along the extremely commercialized Virginia Beach Boulevard corridor. The need to protect the existing residential community is important, and the existing screening, the proposed landscaping and proposed screening accompanied by the recommended conditions give Staff a high level of comfort that this type of business can operate on this site without negatively impacting the adjacent properties. (2) The Comprehensive Plan recognizes this area of Virginia Beach Boulevard as highly commercial and important to the City's economic vitality. All new commercial development in this area should be consistent with the goal of providing an attractive, safe, and quality physical environment. The proposal is a small-scale operation, oriented towards Virginia Beach Boulevard. Additionally, the existing site is not well kept. With the applicant's investment in site work, architectural modifications to the existing building and the addition of landscaping and screening, the site's appearance will improve. Finally, as Virginia Beach Boulevard has grown and evolved, particularly in this part of the City, transitioning this property from residential to a commercial use is in line with current trends and policies. (3) As stated above, modifications to the structure will not change the scale or mass of the building thereby minimizing the potential for any negative visual impacts on adjacent properties. Also aiding to improve the overall aesthetics of the site will be the required screening along the rear property line, adjacent to the residential dwellings, as well as the installation of streetscape landscaping along Virginia Beach Boulevard, Toy Avenue and Sedgefield Avenue. A condition is recommended below that will require a minimum landscape strip ten (10) feet wide be installed along each right-of-way, planted in accordance with the standards for streetscape landscaping as set forth in the City's Landscape Guide. (4) Currently, there are two access points on Virginia Beach Boulevard. The submitted plan indicates that one of these will be removed. Based on the above, Staff recommends approval of this request with the recommended conditions below. SHORELINE INVESTMENT Agenda Item # 6 Page 4 Conditions o All required parking spaces must be marked (painted) clearly on the site, including installing the required handicap spaces in accordance with Americans with Disabilities Act (ADA) regulations. 2. The repair of automobiles, or outside storage of parts, equipment, or wrecked and/or inoperative vehicles shall not be permitted on the site. , In addition to all required landscaping for Display Areas, Foundation Plantings, Interior Parking Lot Landscaping, and Screening, a minimum landscape strip ten (10) feet wide shall be installed along each public right-of-way, planted in accordance with the standards for streetscape landscaping as set forth in the City's Landscape Guide. , Where a six (6) feet high solid fence does not currently exist, a minimum six (6) foot high solid fence must be installed along the rear (southern) property line in addition to the required landscape screening. All vegetation shall be planted adjacent to the property line and the fence installed to the north of the plant material. Chain link fencing is not permitted. 5. No vehicles shall be displayed on raised platforms. 6. No advertising banners, streamers, balloons, or pennants shall be permitted. 7. No outdoor public address system or paging system shall be used. 8. A Certificate of Occupancy shall be obtained from the "Building Official" prior to occupancy. 9. Any freestanding sign shall be monument style not to exceed six (6) feet in height with a brick base to match the existing structure. 10. Parking space and display area spaces must be clearly delineated on site plan and the parking lot must be striped in accordance with the approved plan. Vehicles are to be parked in the designated areas and no vehicles shall be parked within any portion of the public right-of-way. 1 1 .Ali lighting on the site shall be directed to the interior of the site and away from adjacent residential homes. 12.Any significant, future modifications to the building (removal and replacement, change in exterior material, etc), other than what is depicted on the elevation SHORELINE INVESTMENT Agenda Item # 6 Page 5 entitled "Oceanside Auto Group, L.L.C.," prepared by Architectural Link, dated December 22, 2003, shall require additional review and approval by City Council. 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. SHORELINE INVESTMENT Agenda Item # 6 Page 6 Supplemental Information · .,~,. Zoning History Scale Shoreline Investments, I-I C I R-7 B~ CUP - .4uto Sales DATE I REQUEST I ACTION 08-12-03 12-03-03 04-22-85 02-24-98 01-28-92 08-11-92 09-14-91 11 - 10-86 Conditional Use Permit (private school addition) Conditional Use Permit (church) Conditional Use Permit (church) Conditional Use Permit (auto rental) Conditional Use Permit (motor vehicle rentals) Conditional Use Permit (church expansion) Conditional Use Permit (church expansion) Conditional Use Permit (church expansion) Granted Granted Granted Granted Denied Granted Granted Granted SHORELINE INVESTMENT Agenda Item # 6 Page 7 Public Agency Comments Public Works Master Transportation Plan (MTP): Virginia Beach Boulevard is an eight (8)lane urban arterial. Improvements to this section of the Boulevard are not scheduled within the next five (5) years. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use z Virginia Beach 41,000 34,940-. - 10 ADT Boulevard ADT ~ 56,240 ADT ~ Pro,Dosed Land Use ~- 210 ADT Average Daily Trips 2 as defined by a single-family dwelling 3 as defined by used car sales with 10 employees Pub#c Utilities Water: There is an eight (8) inch water main in Toy Avenue and a six (6) inch water main in Sedgefield Avenue. This site must connect to City water. There is an existing water meter that may be utilized if adequate for proposed demand. Sewer: There is a ten (10) inch sanitary sewer main in Virginia Beach Boulevard. This site is connected to City sewer. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SHORELINE INVESTMENT Agenda Item # 6 Page 8 Fire and Rescue: No parking of cars in marked Fire lanes at any time. Storage of vehicles awaiting sale must not obstruct Fire Department access to structure. Fire hydrant must be within 400 feet of commercial structure. Vehicles must not be used as barriers to prevent ingress or egress of property. Storage of hazardous, flammable or combustible materials on-site must be within the scope of the Virginia Statewide Fire Prevention Code and NFPA. SHORELINE INVESTMENT Agenda Item # 6 Page 9 Exhibits Exhibit A Aerial of Site Location SHORELINE INVESTMENT Agenda Item # 6 Page 10 · Exhibit B Proposed Site Plan SHORELINE INVESTMENT Agenda Item # 6 Page 11 l~OIJ~¥JI~&' JjI~~[cI ~$fl ~NOIcLIqN03 · '., · 7 >. · . ; ~3 -'= = '~ "" ": :' ~ .!:;',~. ? ~ ~ ,,'.~ Exhibit C Disclosure Statement SHORELINE INVESTMENT Agenda Item # 6 Page 12 Item #6 Shoreline Investments, L.L.C. Conditional Use Permit 5409 & 5417 Virginia Beach Boulevard District 2 Kempsville February 11, 2004 REGULAR Dorothy Wood: Would you please read the next application Mr. Strange? Joseph Strange: The next application is Item #6, which is a Conditional Use Permit for a vehicle sales operation. Dorothy Wood: This is for Shoreline Investments. R.J. Nutter: Thank you. Again, for the record, my name is R.J. Nutter and I'm an attorney. I represent Shoreline Investments, L.L.C. We did have the opportunity to hear your comments this morning in the early morning session so I'll try to be real brief on our presentation. I did want to highlight a couple of things for you. There is no opposition signed up on this case. Actually, my clients in this case have purchased two adjacent parcels that are both zoned Unconditional B-2 as you see on the board. And, this is the office to the car business at this location. We tried to meet with both adjacent property owners and only one has returned their calls and this Mr. Johnson who lives right here, who has no objection to the application. In fact, he is very much pleased with the improvements that they are planning for the property and you have seen on the van trip. I guess it's just a little pressured by the events of the Boulevard for residential properties. I did want to stand up and let you know that we had done that and we have fully worked with staff on this application and the conditions. To let you know that we will be complying with all those conditions, which are very significant and that they list all the restrictions that they place on used car facilities and new car facilities as well. In addition to that outline, exactly how the building in this case will be remodeled to provide for the office for this facility, using that facility, and if there are any changes in the building they will have to come back to the process. They understand those restrictions. They accept them readily. They readily understand the signage restrictions as well. They're putting in actually a very nice solid fence across the rear property line. It's actually a very nice fiberglass dense, very, very nice fence with landscaping. In fact, Mr. Johnson's property is right here. They were very concerned about that and when they saw the landscaping/fencing they felt much, much better. So, at any rate, I just wanted to let you know that we fully intend to comply with all the conditions. Otherwise, we're very, very happy to have staff's recommendation and no opposition. I'll be happy to answer any questions you might have. Dorothy Wood: Are there any questions for Mr. Nutter? Item #6 Shoreline Investments, L.L.C. Page 2 R.J. Nutter: Yes, Mr. Miller? Robert Miller: I'm the one who was heading up the discussion this morning and I talked to Jeffbriefly about it. I think the biggest thing is that I want to make sure the documentation you normally present and as your owners would want to present, I think they have done a real good job of conforming to the standards and the conditions and so forth, and that certainly meets all the goals and intention. So, prior to going to Council, it probably would be helpful to have a little better picture of some of this stuff so that it would answer some of the,' questions with a realistic depiction of what would 'be coming. R.J. Nutter: Mr. Miller, we appreciate that since in this case one of my clients have flown in from out of town. So, we appreciate that. Robert Miller: I think the use is very appropriate and I said that this morning. I don't have a problem with the use. I'm glad you talked to the adjacent property owner. I hope you will talk to both of them before you can get to Council but I think we understand Virginia Beach Boulevard very well and feel that this is a great addition to the economy and the Boulevard. R.J. Nutter: Well thank you very much. We appreciate it. Dorothy Wood: Are there any other questions for Mr. Nutter? Thank you Mr. Nutter. R.J. Nutter: My pleasure. Dorothy Wood: Any opposition? Are there any other speakers? Joseph Strange: No opposition and no other speakers. Dorothy Wood: I'll open it up for discussion. Robert Miller: I'd like to make a motion for approval of the application. Ronald Ripley: Second. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON CRABTREE DIN HORSLEY KATSIAS KNIGHT MILLER RIPLEY AYE AYE AYE AYE AYE AYE ABSENT ABSENT Item #6 Shoreline Investments, L.L.C. Page 3 STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 9-0, the application of Shoreline Investments, L.L.C. has been approved. Dorothy Wood: Thank you. i~.p ~-7 City of Va Beach Development Authorit~ Zoning Change from B-3 to Conditional B3A l# DATE I REQUEST I ACTION 2~8~00 Rezoning (B-3 Central Business District to Approved Conditional B-3A Pembroke Central Business District) 2 2/8/00 Street Closure Approved 3 2/8/00 Rezoning (B-3 Central Business District to Approved Conditional B-3A Pembroke Central Business District) 4 9/24/02 Conditional Use Permit (Multiple-family dwellings- Approved 342 units) 5 3/11/02 Street Closure Approved CITY OF VIRGINIA BEACH AGENDA ITEM BI I I I I I ITEM' City of Virginia Beach Development Authority - Change of Zoning District Classification (B-3 Central Business District to Conditional B-3A Pembroke Central Business Core District) MEETING DATE: March 9, 2004 Background: An Ordinance upon Application of the City of Virginia Beach Development Authority for a Change of Zoninq District Classification from B-3 Central Business District to Conditional B-3A Pembroke Central Business Core District on property located at the northwest intersection of Garrett Drive and Columbus Street. The Comprehensive Plan identifies this site as being within the Pembroke Strategic Growth Area. (GPINS 14774484440000;-75940000;-64930000;-85940000). DISTRICT 5 - LYNNHAVEN Considerations: The applicant proposes to rezone the parcel from B-3 Central Business to Conditional B-3A Pembroke Central Business Core District, consistent with the adjacent zoning in the Town Center project. The parcel will then be developed with uses that are consistent with and complementary to the Town Center. This parcel was not available for purchase during the initial planning of the Town Center project. With the purchase of the site by the City of Virginia Beach Development Authority, the parcel can now be incorporated into the larger project. The request:, as proffered, insures that any project proposed for the site will be consistent with the recommendations of the Comprehensive Plan for the Town Center area. The Planning Comrnission placed this item on the consent agenda because, as proffered, any development will be consistent with the plans for Town Center. Staff recommended approval. There was no opposition to the request. Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 with 1 abstention to approve this request, as proffered. Attachments' Staff Review Disclosure Statement Planning Commission Minutes Location Map Virginia Beach Development Authority Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. · Submitting Department/Agency: Planning Department City Manager: ~ ~-- , ~~ E07-216-CRZ-2003 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item # 1 February 11,2004 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. · "": ;! ~=. '.i,~i::" ,:'~;.; :'i=h!:i."! Location and General Information REQUEST: LOCATION' GPIN: COUNCIL ELECTION DISTRICT: Change of Zoning District Classification from B-3 Central Business District to Conditional B-3A Pembroke Central Business District. Property located at the Northwest intersection of Garrett Drive and Columbus Street ,~:?.~,~ City of Va Beach Development Authority ~.~ .- vr~r~_ .~C~ n~::-... -==--- _ Zon/n¢ Chan~e from B-3 to C'ondJrional B3A 14774484440000; 14774475940000; 14774464930000; 14774485940000 5 - LYNNHAVEN CVBDA Agenda Item # 1 Page 1 SITE SIZE' EXISTING LAND USE: SURROUNDING LAND USE AND ZONING' NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: 1.4 acres A vacant, undeveloped parcel. North: South' East: West: · Commerce Street · Across Commerce Street is a vacant, undeveloped parcel/B-3 Central Business District · Columbus Street · Across Columbus Street is Galyan's Sporting Goods (currently under construction) / B-3A Pembroke Central Business Core District · Market Street · Across Market Street is a vacant, undeveloped parcel/B-3A Pembroke Central Business Core District · A vacant, undeveloped parcel/B-3A Pembroke Central Business Core District The site is undeveloped. Construction crews are currently using the site for parking and storage of construction materials. The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. The applicant proposes to rezone the parcel from B-3 Central Business to Conditional B-3A Pembroke Central Business Core District, consistent with the adjacent zoning in the Town Center project. The parcel will then be developed with uses that are consistent with and complementary to the Town Center. CVBDA Agenda Item # 1 Page 2 Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. · Consistency with the recommendations of the Comprehensive Plan for the area. Comprehensive Plan The Comprehensive Plan Map designates this area as Strategic Growth Area 4, Pembroke Area. The area is comprised of three sub-areas including Town Center, the West Pembroke area and Bonney Road West corridor. This request is located within the Town Center area. The Plan recommends the vertical and horizontal integration of urban designed uses including office, retail, restaurant, entertainment, residential, cultural, education, leisure, and open space. Well-designed, centralized parking structures coupled with urban streetscapes are recommended to accommodate pedestrian movement in a safe, interesting and attractive environment. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified CVBDA Agenda Item # 1 Page 3 problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 The Property shall be developed in conformity with the standards, policies and recommendations of (i) the Comprehensive Plan (December 2003), (ii)the Pembroke Central Business District Master Plan, and (iii) the Central Business District Urban Design Guidelines, City of Virginia Beach, prepared by CMSS Architects, P.C., dated May 1, 2003. In addition, the quality and architectural style and character of improvements constructed on the Property shall be substantially in conformity with that of Phase I and II of the Town Center of Virginia Beach project. Staff Evaluation of Proffers: The proffer is acceptable as it insures that development of the site will be consistent with the overall Town Center project in accordance with the recommendations of the Comprehensive Plan, the Pembroke Central Business District Master Plan, and the Central Business District Urban Design Guidelines. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated October 21, 2003, and found it to be legally sufficient and in acceptable legal form. Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses the Major Issue noted earlier in this report. The parcel was not available for purchase during the initial planning of the Town Center project. With the purchase of the site by the City of Virginia Beach Development Authority, the parcel can now be incorporated into the larger project. The request to rezone the site from its current B-3 Central Business District to Conditional B-3A Pembroke Central Business District, as proffered, insures that any project proposed for CVBDA Agenda Item # 1 Page 4 the site will be consistent with the recommendations of the Comprehensive Plan for the Town Center area. Staff, therefore, recommends approval of this request. NOTE: Further conditions may be required during the administration of appficable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. CVBDA Agenda Item # 1 Page 5 Supplemental Information Zonin.cl History Map E-7 Map Not. t.o Sc~e OO2 City of Va Beach Development~ Authority [5] CENTER BANI~ S~ ,~L4IN ST. [3-3 ~,""3 0 B~3/~ 3[7]0 I ~ 3 oo~ Zoning Change from B-3 to Conditional B3A CCI DATE REQUEST I ACTION 2/8/00 2/8/00 2/8/00 9/24/02 3/11/02 Rezoning (B-3 Central Business District to Conditional B-3A Pembroke Central Business District) Street Closure Rezoning (B-3 Central Business District to Conditional B-3A Pembroke Central Business District) Conditional Use Permit (Multiple-family dwellings- 342 units) Street Closure Approved Approved Approved Approved Approved CVBDA Agenda Item # 1 Page 6 Public Agency Comments Public Works Master Transportation Plan (MTP): Columbus Street in front of this site is a four-lane divided minor urban arterial, as designated on the Master Transportation Plan. There is a Traffic Impact Study on file, previously approved by the Traffic Engineer, for the entire Town Center project. Individual trip generations are, therefore, not provided in the chart below. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use z 15,000 14,800 - n/a Columbus Street ADT ~ 22,800 ADT ~ Proposed Land Use 3 n/a Average Daily Trips 2 see note above 3 see note above Public Utilities Water: There is a 12-inch City water main line in Columbus Street, and 10- inch city water mains in both Market Street and Commerce Street. The site must connect to the City water system. Stubs were installed with the '1-own Center Phase II Infrastructure Plans. Sewer: There is a 10-inch city gravity sewer main in Market street, and 8- inch city sanitary sewer mains in both Columbus Street and Commerce Street. The site must connect to the City sewer system. Stubs were installed with the Town Center Phase I Infrastructure Plans. Public Safety I Police' The applicant is encouraged to contact and work with the I CVBDA Agenda Item # 1 Page 7 Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Fire and Rescue: There are no Fire Department concerns at this time. CVBDA Agenda Item # 1 Page 8 m ! i, · J~',,.% m, · ~,!~, . ·. ..~-~' e,~ ~ '.l~ · ~ ~ mI . , ~.~, ~. ,~.~ .... , .. ,, , - . . . ,. . .~ ,, . .. Exhibits '.::~.: Exhibit A Aerial of Site Location CVBDA Agenda Item # 1 Page 9 Exhibit B Proposed Site Plan CVBDA Agenda Item # 1 Page 10 NOIJ~V3I~Idd~ 9NINOZ~d ~NOIJ~I(II o .to ._~ . NOIJ~¥DITd;d~ 9NINOZ~ TVNOIJ~ICINOD Exhibit C Disclosure Statement CVBDA Agenda Item # 1 Page 1 1 Exhibit C Disclosure Statement ..'fi_- CVBDA Agenda Item # 1 Page 12 Item #1 City of Virginia Beach Development Authority Change of Zoning District Classification Northwest intersection of Garrett Drive and Columbus Street District 5 Lyrmhaven February 11, 2004 CONSENT Dorothy Wood: Mr. Will Din, who is our Vice Chair, will handle the consent agenda portion of our agenda today. William Din: Thank you. Dot. Today we have 6 items on the consent agenda. As I call your item, would the representative or applicant please come to the podium, state your name, state your relationship to the application and if there are conditions there, state if you've read those and agree to those, please. The first item for consent is Item #1 is the City of Virginia Beach Development Authority. This is a Change if Zoning District Classification from B-3 Central Business District to Conditional B-3A Pembroke Central Business Core District. Mike Nuckols: Good afternoon. My name is Mike Nuckols. I represent the applicant. I'm with the firm of Faggert and Frieden. The applicant is in agreement with the conditions. I don't have anything else to say, but would be happy to answer any question you might have. William Din: Is there any opposition to this item? Thank you Mr. Nuckols. The first item is going to be explained by Jan Anderson. Janice Anderson: Thank you. This does involve a change of zoning which is currently B-3. They're requesting that it be changed to Conditional B-3A Pembroke Central Business District. This property is four lots. It is now owned by the City of Virginia Beach Development Authority. They have requested a change of zoning so it can be incorporated with the rest of the Town Center area. So, now it will have the same zoning as the adjacent Town Center area, which this is part of, and it will be, with such a change, it was appropriate for approval for the consent agenda. William Din: Thank you Jan. Ms. Wood, I'd like to make a motion to approve the following consent item, Item #1 City of Virginia Beach Development Authority for a Change of Zoning Classification from B-3 Central Business District to Conditional B-3A Pembroke Central Business Core District. Dorothy Wood: Thank you. Do I hear a second? Eugene Crabtree: Second. Item #1 City of Virginia Beach Development Authority Page 2 Dorothy Wood: Thank you. Mr. Miller? Robert Miller: I need to abstain from Item #1. My firm is working on the project. Dorothy Wood: Thank you. Is the vote open? AYE 8 NAY 0 ABS 1 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS ABSENT ABSENT Ed Weeden: By a vote of 8-0, with the abstention so noted, the consent agenda item passes. FORM NO. P.S. 1E3 City of Virginia Beach INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5859 DATE: February 25, 2004 TO: Leslie L. Lilley DEPT: City Attorney FROM: B. Kay Wils0~ DEPT: City Attorney Conditional Zoning Application City of Virginia Beach Development Authority The above-referenced conditional zoning application is scheduled to 'be heard by the City Council on MarCh 9, 2004. I have reviewed the subject proffer agreement, dated October 21,2003, 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: Faggert & Frieden, P.C. 222 Central Park Avenue Suite 1300 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT, made this 21st day of October, 2003, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority", and for indexing purposes, the "Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City", and for indexing purposes, the "Grantee"). WITNESSETH: WHEREAS, the Authority has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the City, so as to change the classification from B-3 to B-3A Conditional on certain property which contains a total of 1.4 acres, more or less, located in the Lynnhaven Election District of the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A (hereinafter the "Property"); and WHEREAS, the City's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Authority acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-3A are needed to cope with the situation to which the Authority's rezoning application gives rise; and WHEREAS, the Authority has voluntarily proffered in writing in advance of and prior to the public hearing before the City, as part of the proposed conditional amendment to the Zoning GPINNos.: 1477-44-8444-0000, 1477-44-6493-0000 1477-44-7594-0000, 1477-44-8594-0000 Map, in addition to the regulations provided for in the existing B-3A zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Authority and allowed and accepted by the City as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the City in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the City, after a public hearing before the City advertised pursuant 'to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Authority, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the City or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these Proffers shall constitute covenants nmning with the title to the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Authority', its successors, assigns, grantees, and other successors in title or interest, namely: The Property shall be developed in conformity with the standards, policies and recommendations of (i) the Comprehensive Plan (December 2003), (ii) the Pembroke Central Business District Master Plan, and (iii) the Central Business District Urban Guidelines, City of Virginia Beach, prepared by CMSS Architects, P.C., dated May 1, 2003. In addition, the quality and architectural style and character of improvements constructed on the Property shall be substantially in conformity with that of Phases I and II of the Town Center of Virginia Beach project. Further conditions may be required by the City during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the City. The Authority covenants and agrees that (1) the Zoning Administrator of the City shall be vested with all necessary authority on behalf of the governing body of the City to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Authority shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Authority and the City. This Agreement may be executed in counterparts or by using counterpart signature pages. ATTEST: Title: Sect ~tary / A~sistant S~retary CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the C omm_~alth~a_ By: ~(SEAL) Name: "'~ e_~ Title: Chairman / ~W-C--hamrrem COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing Instrument was acknowledged before me this ~,~/-q"day of d~ ., 2003, by'~x,c>.N-,e ~& C~_'~_ o¢--,e_~ , Chairman / Vice Ckainznan of the City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia, on its behalf. Notary Public [AFFIX SEAL] My commission expires: c~__ '~o q2~ C')cX COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing Instrument was acknowledged before me this ,P/~day of ~~ , 2003, by'~x-e~¥,X-k. ~_,,~x-~:'.c~-c~,~, ,-S~a:nm~f / Assistant Secretary, of the City of Virginia Beach-Ibevelopment Authority, a political subdivision of the Commonwealth of Virginia, on its behalf. Notary Public [AFFIX SEAL] My commission expires: EXHIBIT A All those certain lots, pieces or parcels of land, situate, lying and being in the City of Virginia Beach, Virginia and more particularly described as follows: Parcel One All those certain lots, pieces, or parcels of land, together with the buildings and improvements thereon and appurtenances thereto, located, situated, lying and being in the City of Virginia Beach, State of Virginia, and known, numbered and designated as follows: Lots 15,16,17,18,19,20,21,22,37,38,39,40,41,42,43 and 44 of Block 39 on the plat of Sunnybrook in the Borough of Bayside, City of Virginia Beach, Virginia, in Map Book 5, at Page 201, said lots being of the dimensions and locations as shown on said plat. Parcel Two All those certain pieces or parcels of land situate in the City of Virginia Beach, Virginia, and being more particularly described as Lots Thirty-three (33), Thirty- four (34), Thirty-five (35) and Thirty-six (36), of Block 39, as shown on plat of Sunnybrook, duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, Page 201. LESS AND EXCEPT therefrom that portion of the property consisting of 0.016 Acres conveyed to the City of Virginia Beach by instrument dated March 7, 1990, recorded in the aforesaid Clerk's Office in Deed Book 2904, at page 1059. Parcel Three ALL THOSE certain lots, pieces or parcels of land, situate, lying and being in the City of Virginia Beach, Virginia, as shown on the "PLAT OF SUNNYBROOK" duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at page 201, being that portion of the southern one-half of "CLEVELAND STREET" which lies between the western right-of- way line of "FOURTH STREET" (now Garrett Drive) and the extension in a northerly direction of the western boundary line of Lot 15, in Block 39. 3888\086~Proffer Agreement-MHN.doc M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS- (a)Plumbing/Mechanical (b)Building Maintenance COMMUNITY POLICY and MANAGEMENT TEAM - CSA AT-RISK YOUTH FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE - HREDA HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OPEN SPACE COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD 1. Amend Virginia Beach Code Section 17-3 2. Change Membership to reflect two (2) Students 3. Add a ,Representative of the Schools to the membership RESORT ADVISORY COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT