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HomeMy WebLinkAboutJULY 13, 2004 AGENDAV. FORMAL SESSION 6:OOPM a I� C. 0 E. F Lei H. I. CALL TO ORDER — Mayor Meyera E. Oberndorf INVOCATION: Reverend Joe Warren Pastor, Abundant Harvest Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES 1. SPECIAL FORMAL CEREMONIAL SESSION 2. INFORMAL AND FORMAL SESSIONS AGENDA FOR FORMAL SESSION CONSENT AGENDA ORDINANCES/RESOLUTION July 6, 2004 July 6, 2004 Ordinance to REPEAL Sections 9-1 and 9-2, as part of a comprehensive revision of the City Code, re the School Board and provisions for appointment of members as those sections have been superceded by General Assembly action. 2. Ordinance re a Cooperative Agreement between City Council and the School Board re legal services to the Board by the Office of the City Attorney for FY 2005. 3. Mutual Aid Emergency Medical Services (EMS) with Currituck County, North Carolina: a. Resolution to AUTHORIZE the City Manager to execute Mutual Aid Agreement. b. Ordinance to APPROPRIATE $15,000 to EMS re funding the "Mutual Aid" 4. Ordinance to AUTHORIZE the City Manager to enter into an Agreement with the U.S. Army Corps of Engineers, the Commonwealth of Virginia and the Cities of Chesapeake, Portsmouth and Norfolk re the Elizabeth River Restoration and TRANSFER $31,250 as the City's matching funds. 5. Ordinance to AUTHORIZE temporary encroachments for SAEID YOUSEFIEH to construct and maintain rip -rap, the extension of a pier and a boatlift in the City's right-of-way at 300 Indian Avenue in Lake Rudee. (DISTRICT 6 — BEACH) 6. Ordinance to ACCEPT and APPROPRIATE $120,000 from the United States Field Hockev Association for Phase Two construction of the "Multi -Use Recreational Fields". 7. Ordinance to ACCEPT and APPROPRIATE $9,000 from a Homeland Security Emergency Management Performance Grant endorsed by the Commonwealth Preparedness Working Group, to the Fire Department's FY 2004-05 Budget re Department of Defense sponsored Determined Promise Exercise training event to take place August 5-11th. PLANNING — NO ACTION Application of BRAUN CONSTRUCTION COMPANY, INC. to enlarge a Nonconforming Use at 217 51s` Street. (DISTRICT 5 — LYNNHAVEN) K. PLANNING 1. Application of ROBIN G. and G. DAVID WALTRIP and JOHN WARD for discontinuance, closure and abandonment of a portion of Sunny Circle at Athens Boulevard. (DISTRICT 4 — BAYSIDE) RECOMMENDATION: 2. Petition of ATHENS BLVD., LLC for a Variance to § 4.4(b) that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) re subdividing fifteen (15) lots at Beaufort Avenue and Athens Boulevard. (DISTRICT 4 — BAYSIDE) RECOMMENDATION: APPROVAL Applications of APC REALTY and EQUIPMENT CO., LLC (dba SPRINT PCS) for Conditional Use Permits to construct communication towers at: (DISTRICT 7 — PRINCESS ANNE) a. 855 Schumann Drive— on an existing pole at Ocean Lakes High School b. 796 Newman Street -on an existing VEPCO transmission pole RECOMMENDATION: 4. Application of BEACH FELLOWSHIP for a Conditional Use Permit re a Church extension (portable classroom) at 1817 General Booth Boulevard. (DISTRICT 7 —PRINCESS ANNE) RECOMMENDATION: L. M. 5. Application of TUEE KNOW HIM FULL GOSPEL MINISTRIES CHILD CARE CENTER for a Conditional Use Permit re a Child Care Center in conjunction with a church at 544-138 Newtown Road. (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: 6. Application of CHRISTIAN CHAPEL ASSEMBLY OF GOD for a Conditional Use Permit re a church expansion at 2751 Salem Road. (Deferred indefinitely on April 13, 2004) (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL 7. Application of GENE FEUERHAHN for MODIFICATION of a Conditional Use Permit (approved October 26,1987, as Ontario Development, Inc.) re automobile repair at 5225 Indian River Road. (DISTRICT 1 — CENTERVILLE) RECOMMENDATION: 8. Application of HERITAGE INVESTMENTS, LLC for a Change of Zoning from B-2 Community Business and R-10 Residential District to I-1 Light Industrial District for an industrial laundry at 596 South Birdneck Road. (DISTRICT 6 — BEACH) RECOMMENDATION: 9. Applications of PLEASANT RIDGE AUTO PARTS, INC. re retail sales establishment specializing in auto parts and undefined future expansion. (Deferred June 22, 2004) (DISTRICT 7 — PRINCESS ANNE) a. Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional B-2 Community Business District at 4164 West Neck Road. b. MODIFICATION of Conditions re a Conditional Use Permit, (approved by City Council on November 24, 1998, in behalf of Mr. and Mrs. Philip Wayne Murden, Jr.) to remove the three -acre area requested for rezoning from the area encumbered by the 1998 Conditional Use Permit. RECOMMENDATION: APPOINTMENTS DEVELOPMENT AUTHORITY PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD UNFINISHED BUSINESS APPROVAL N. NEW BUSINESS 0. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 4274303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) Agenda 07/13/04st w .vbgov.00m 'WPonluttnrc CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. y't) NL-- y•'�l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Repeal Sections 9-1 and 9-2 of the City Code, Pertaining to the Creation of, and Appointment of Members to, the School Board MEETING DATE: July 13, 2004 ■ Background: This ordinance commences a comprehensive revision of the City Code, intended to streamline, update and modernize the Code by identifying portions of the Code which should be repealed, rewritten or reorganized and presenting the necessary ordinances to the City Council. This particular ordinance would repeal the entirety of Chapter 9 (Education) of the City Code, which consists of just two sections. Both of those sections may, and should, be repealed for the reasons _set forth in the following section. ■ Considerations: The School Board is created by General Assembly in the Virginia Code and City Charter. Accordingly, City Code Section 9-1, which purports to create the School Board by action of the City Council, is superfluous. In addition, Section 9-2, which provides for public hearings by the City Council prior to the appointment of School Board members, is antiquated, as Board members are now elected by the voters of the City. The School Board has been made aware of, and does not object to, the proposed repeal of Sections 9-1 and 9-2. ■ Public Information: Advertisement as a normal agenda item. ■ Alternatives: While the City Code sections have been superceded by operation law, and therefore lack force or effect, they should be repealed as part of the effort to comprehensively revise and streamline the City Code. ■ Recommendations: Adoption of ordinance repealing City Code Sections 9-1 and 9-2. ■ Attachments: Recommended Action: Adoption of ordinance Submitting Department/Agency: City Attorneys Offipe`�/i�� City Manager'.y-�„^^"�k %6�'L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE TO REPEAL SECTIONS 9-1 AND 9-2 OF THE CITY CODE, PERTAINING TO THE CREATION OF, AND APPOINTMENT OF MEMBERS TO, THE SCHOOL BOARD Sections Repealed: City Code §§ 9-1 and 9-2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 9-1 and 9-2 of the City Code are hereby repealed, as follows: CHAPTER 9. EDUCAT101 (Reserved) This section is repealed because the School Board has been established pursuant to applicable provisions of the Virginia Code and the City Charter, thereby rendering this section superfluous. 33 least ;-=eii— days —(19) Laiei`' 34 35 COMMENT 36 37 This section conflicts with Section 16.04 of the City Charter, which provides that School Board 38 members are to be elected by the qualified voters of the City, rather than appointed by the City Council. 39 For that reason, the section is repealed. 40 41 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2004. CA-9018 GenGov\Ordres\chapter9repealordin.doc R-2 June 30, 2004 APPROVED AS TO LEGAL SUFFICIENCY: ty Attorney's Office s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving a Cooperative Agreement Between City Council and the Virginia Beach School Board Pertaining to the Provision of Legal Services to the Board by the Office of the City Attorney in Fiscal Year 2005 MEETING DATE: July 13. 2004 ■ Background: Since 1996, the City Council has entered into a Cooperative Agreement for the City Attorney to provide legal services to the School Board. Each year, the Agreement is presented to the City Council for approval. ■ Considerations: Under the Cooperative Agreement between City Council and the School Board, the City Attorney's Office will continue to provide 4,125 hours of legal service to the School Division and will be reimbursed for the direct cost of those services. One Associate City Attorney (Kamala H. Lannetti), and one legal secretary (Eileen Hodge) are located in the School Administration Building, and the Associate City Attorney coordinates the delivery of additional legal services, as needed for the other attorneys in the City Attorney's Office, as well as outside counsel. ■ Public Information: The ordinance is to be advertised as a routine agenda item. ■ Recommendation: It is recommended that the City Council approve the Cooperative Agreement and authorized Mayor Oberndorf to execute it on behalf of the City Council. ■ Attachments: Ordinance Cooperative Agreement Recommended Action: Approval Submitting Department/Agency: City AttorneyT City Manager:\� vvv� I(,n C� AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE VIRGINIA BEACH SCHOOL BOARD FOR THE PROVISION OF LEGAL SERVICES TO THE BOARD BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2005 WHEREAS, the Office of the City Attorney has, for a number of years, provided legal services to the Virginia Beach School Board and School Administration pursuant to Cooperative Agreements; WHEREAS, the Cooperative Agreement for FY 2004, which expired on June 30, 2004, provides that "[t]his Cooperative Agreement ... may be revised, as necessary, and renewed each fiscal year ..."; WHEREAS, a revised Cooperative Agreement for FY 2005 was approved by the School Board at its meeting of June 22, 2004; and WHEREAS, City Council agrees that it is in the best interests of the City and the School Board for the Office of the City Attorney to continue to provide legal services to the School Board pursuant to the revised Cooperative Agreement for FY 2005. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby approves the Cooperative Agreement for FY 2005 a copy of which is attached hereto as "Exhibit A." 2. That the Mayor is hereby authorized to execute the Cooperative Agreement on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. APPROVED AS TO LEGAL SUFFICIENCY: i y Attorn y / CA-9305 H:\PA\GG\ORDRES\COOPERATIVE AGREEMENT (SCHOOLS) ORD.WPD R-2 - June 25, 2004 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2005 Factual Background: City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the Council. 2. Appointment of City Attorney. The City Charter also provides that the City attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City and School Board matters, institutional memory, and the ability of the City Attorney's Office to provide a wide range of legal services to the Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of Citv Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the Council and Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the Board. Obiectives• The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. 2 Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of two and one half (2'/2) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2005 these services to be provided as follows: A. The City Attorney will dedicate one attorney on -site at the School Administration Building to the School Board and the School Administration who will devote all of her time (i.e., 1,650 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, that attorney will be Kamala Hallgren Lannetti, Associate City Attorney. B. The City Attorney will dedicate one Secretary on -site at the School Administration Building who will devote all of her time to the support of legal services to the School Board and Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school -related legal issues, and shall include representation in real estate matters, representation of the School Administration in personnel matters, general administrative and procedural issues, and general litigation. Attorney's assigned to handle School Board matters may hold regular weekly office hours in the School Administration Building and will remain on -call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in- house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City attorney, the selection of the dedicated attorney shall be 3 mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the members of the Board expresses dissatisfaction with the legal services provided by the dedicated attorney, or by any other attorney providing services to the Board, the City Attorney will meet with the Board to discuss and evaluate its concerns. Furthermore, if the Board and the City Attorney agree that the most reasonable way to address the Board's concerns is to assign another attorney or other attorneys to represent the Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the Board and the Division Superintendent, and will keep them apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Division Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual Board members in accordance with applicable Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Attorney will provide the Superintendent and the School Board a quarterly report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the Board, the Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual Board members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the Board and the School Administration, and shall assist the Board and Administration in the management of the Board's legal matters; and that the City 0 Attorney shall report to the Board concerning those matters he has been assigned by the Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $259,775.65 from its FY 2005 Operating Budget to the FY 2005 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Office Assistant. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2004, and ends June 30, 2005, W and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. SCHOOL BOARD OF CITY OF VIRGINIA BEACH By: Daniel D. Edwards, Chairman CITY COUNCIL, CITY OF VIRGINIA BEACH By: Meyera E. Oberndorf, Mayor School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on 12004. By: School Board Clerk City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on 12004. By: City Clerk 0 i�°�sS'� w w•yg CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City Manager to Execute a Mutual -Aid Emergency Medical Services Agreement between the City of Virginia Beach and Currituck Country, North Carolina, and an Ordinance Appropriating $15,000 to Cover the City's Projected Initial Costs MEETING DATE: July 13, 2004 ■ Background: For many years, Virginia Beach's EMS and Currituck Country's EMS have been providing each other assistance without the benefit of a written agreement. Because Gibbs' Woods in Currituck, North Carolina is rapidly accessible from Virginia Beach, Virginia Beach provides EMS service to the area, while Currituck Country provides EMS service to Knotts Island, Virginia, which is most rapidly accessible from North Carolina. ■ Considerations: Mutual Aid Agreement The proposed Agreement solves the billing problem faced by Virginia Beach residents who are serviced by Currituck County's EMS. Currituck County will bill Virginia Beach EMS, not the individual resident, for each call for service response they provide in Virginia Beach. In turn, Virginia Beach will bill Currituck Country at the end of the year for an amount equal to that billed to Virginia Beach by Currituck County that year. This procedure will effectively zero -out the costs assumed by Virginia Beach EMS and will allow all calls for service in Virginia Beach to remain free of charge. The attached resolution authorizes the City Manager to execute the Agreement. Appropriation Ordinance To provide the funding that is required to reimburse Currituck County, an appropriation is required. Attached is an ordinance that appropriates $15,000 to the EMS Department's FY 2004-05 Operating Budget to cover the projected cost of service. The ordinance also reflects $15,000 in anticipated revenue from Currituck County, so that implementing this Agreement should result in no net cost to the City. ■ Public Information: To be advertised in the same manner as other items on Council's agenda. ■ Alternatives: Allow those Virginia Beach residents living in areas that are serviced by North Carolina EMS to be charged for this service while other Virginia Beach residents are not charged. ■ Recommendations: Approval. ■ Attachments: Resolution Ordinance Mutual Aid Agreement Recommended Action: Approval Submitting Department/Agency: Emergency Medical Services City Manager: V , 8ev� 1 A RESOLUTION AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A MUTUAL AID AGREEMENT FOR 3 EMERGENCY MEDICAL SERVICES BETWEEN THE 4 CITY OF VIRGINIA BEACH AND CURRITUCK 5 COUNTY, NORTH CAROLINA 6 7 WHEREAS, Code of Virginia Section 27-2 authorizes local 8 governments to enter into mutual aid agreements for emergency 9 medical services with adjoining counties outside the Commonwealth; 10 WHEREAS, the City of Virginia Beach and Currituck County, 11 North Carolina maintain equipment and personnel for emergency 12 medical response within their respective jurisdictions, as well as, 13 for the protection of adjacent communities in other jurisdictions; 14 WHEREAS, the proximity of Virginia Beach Emergency Medical 15 Services makes it the appropriate primary responder to the Gibbs 16 Woods area of Currituck County, and the location of the Currituck 17 County Emergency Medical Services makes it the appropriate primary 18 responder to the Knotts Island area of Virginia Beach; 19 WHEREAS, the City of Virginia Beach and Currituck County are 20 each cognizant of the benefits they will derive from a mutual aid 21 agreement for emergency medical services assistance; and KPA 23 WHEREAS, the City of Virginia Beach and Currituck County 24 desire to memorialize their relationship and their respective 25 responsibility as they relate to the providing of emergency medical 26 services assistance in a Mutual Aid Agreement (the "Agreement"). 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 1. That the Mutual Aid Agreement for emergency medical 30 services (the "Agreement") is hereby approved. 31 2. That the City Manager is hereby authorized and directed 32 to execute said Agreement on behalf of the City of Virginia Beach 33 in accordance with the Summary of Terms attached hereto. 34 Adopted by the Council of the City of Virginia Beach, Virginia 35 on the day of , 2004. CA-8759 H:\PA\GG\ORDRES\EMSCurrituck.res.wpd June 29, 2004 R5 APPROVED AS TO CONTENT: E ergency Medical Services APPROVED AS TO LEGAL SUFFICIENCY: *�?-w o ey Office E AGREEMENT FOR MUTUAL AID EMERGENCY MEDICAL SERVICES ASSISTANCEBETWEEN THE CITY OF VIRGINIA BEACH, VA AND CURRITUCK COUNTY, NC SUMMARY OF TERMS PARTIES: City of Virginia Beach (the "City") Currituck County, NC ("Currituck") PURPOSE OF AGREEMENT: To augment emergency response availability in the Gibbs Woods or Knotts Island area of Currituck County/Virginia Beach and the area of Virginia Beach south of Indian River Road and North Landing Road to Muddy Creek and Back Bay to the North Carolina border. TERM OF AGREEMENT: From date of execution until terminated by either party with 30 days written notice. RESPONSIBILITIES OF CURRITUCK: • Shall be primary responder for emergency medical services ("EMS") for Virginia Beach area of Knotts Island. • Shall be secondary responder for EMS for rural area of Virginia Beach south of Indian River Road from North Landing to Muddy Creek and Back Bay extending to the North Carolina border. RESPONSIBILITIES OF THE CITY: • Shall be primary responder for EMS to the Currituck County area of Gibbs Woods • Shall be secondary responder for EMS to Currituck County area of Knotts Island. SPECIAL TERMS AND CONDITIONS: Billing: Currituck shall bill the City for service calls by invoice. The City shall invoice Currituck annually in an amount equal to the total of all invoices received from Currituck during the year to achieve a zero balance. Insurance: Each party shall be responsible for meeting any insurance requirements. Liability: Each party agrees to hold the other harmless. Virginia Code § 27- 2 expressly states that the parties must indemnify each other. H:\PA\GG\ORDRES\SOT Currituck EMS REVISED.doc 1 AN ORDINANCE TO APPROPRIATE $15,000 2 TO THE EMERGENCY MEDICAL SERVICES 3 DEPARTMENT'S FY 2004-05 OPERATING 4 BUDGET TO FUND A MUTUAL -AID 5 EMERGENCY MEDICAL SERVICES AGREEMENT 6 WITH CURRITUCK COUNTY, NORTH 7 CAROLINA 8 WHEREAS, due to insurance regulations, the City must enter 9 into a written mutual -aid emergency medical services agreement with 10 Currituck County, North Carolina; and 11 WHEREAS, the projected revenues and expenditures resulting 12 from this agreement are estimated at $15,000 each, resulting in no 13 net cost to the City. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 That $15,000 in estimated revenue from Currituck County is 18 hereby appropriated to the Emergency Medical Services Department's 19 FY 2004-05 Operating Budget to cover the cost of a mutual -aid 20 emergency medical services agreement with Currituck County, North 21 Carolina, with revenue increased accordingly. 22 Adopted by the Council of the City of Virginia Beach, Virginia 23 on the day of 2004. APPROVED AS TO CONTENT Department of Management Services APPROVED AS TO LEGAL SUFFICIENCY City Attorney's ffice CA9317 R-2 H:\PA\GG\ORDRES\EMS Currituck Appropriate ORD.doc July 1, 2004 gf =�S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to enter into an Agreement pertaining to the Elizabeth River Restoration Project and Transferring $31,250 from the General Fund Reserve for Contingencies as the City's Required Match for the Agreement. MEETING DATE: July 13, 2004 ■ Background: In 1998, the Commonwealth of Virginia, the Cities of Chesapeake, Norfolk, Portsmouth and Virginia Beach, and the Norfolk District Corps of Engineers sponsored a Feasibility Study to examine water quality restoration for the Elizabeth River. Sediment remediation in Scuffletown Creek, which would involve the removal, treatment and disposal of approximately 66,000 cubic yard of contaminated sediment, was a major recommendation and demonstration project of the Feasibility Study. Scuffletown Creek is located along the Southern Branch of the Elizabeth River in Chesapeake and the sediment remediation project will lead to substantial regional restoration benefits to the river's spawning and nursery habitat for aquatic species. ■ Considerations: In 2003, City Council indicated that, if the Federal Government share of the funding were appropriated, Virginia Beach would participate in cost sharing agreements on future phases of the project. The participants have reached a consensus concerning the next phase of the project--Preconstruction, Engineering, and Design. The estimated cost of this portion of the project is $1,000,000, and the City of Virginia Beach's share is $31,250. The cost sharing agreement is 75% Federal ($750,000) and 25% non -Federal ($250,000). The five non -Federal sponsors will share the $250,000 on the basis of a 50% Commonwealth ($125,000) and 50% divided equally among the four cities ($31,250 each). To finalize our participation in this program, the Council is required to authorize the City Manager to sign the Preconstruction, Engineering and Design agreement and appropriate its share of the cost, $31, 250. ■ Public Information: Public information will be provided through the normal City Council agenda process. ■ Alternatives: Because the City Council previously provided direction to participate in this program in 2003, if federal funding was appropriated, the City has committed to this program. ■ Recommendations: Approval of attached ordinance ■ Attachments: Ordinance and Summary of Terms of Agreement Recommended Action: Approval Submitting Department/Agency: Planning Department V City Manager: k -76Z�4� 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO 2 ENTER INTO AN AGREEMENT PERTAINING TO THE ELIZABETH RIVER 3 RESTORATION PROJECT AND TRANSFERRING $31,250 FROM THE 4 GENERAL FUND RESERVE FOR CONTINGENCIES AS THE CITY'S 5 REQUIRED MATCH FOR THE AGREEMENT 6 7 WHEREAS, the U.S. Corps of Engineers, the Commonwealth of 8 Virginia, the Cities of Chesapeake, Portsmouth, Norfolk, and 9 Virginia Beach have completed a Feasibility Study in regard to 10 water quality restoration in the Elizabeth River Basin; 11 WHEREAS, the Feasibility Study shows that sediment remediation 12 in Scuffletown Creek, which would involve the removal, treatment 13 and disposal of approximately 66,000 cubic yard of contaminated 14 sediment is a major recommendation and demonstration project; 15 WHEREAS, this sediment remediation project requires a 16 Preconstruction, Engineering and Design Agreement between the 17 parties to fulfill the intent of the Feasibility Study and to 18 identify and design the project for the remediation of the 19 contaminated sediments in the Scuffletown Creek area; 20 WHEREAS, this agreement requires a cash match of $31,250 for 21 the agreement from the City of Virginia Beach as its contribution 22 to undertake the Preconstruction, Engineering and Design Agreement, 23 which is available in the Fiscal Year 2004-2005 General Fund 24 Reserve for Contingencies; and 25 WHEREAS, the work to be provided through these resources will 26 significantly enhance the ability to restore, enhance and conserve 27 valuable resource amenities within the City and the Elizabeth River 28 Basin and provide a unique opportunity to augment both passive 29 recreational opportunities and environmental education. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 That the City Manager is hereby authorized and directed to 33 execute an agreement between the Department of the Army, the 34 Commonwealth of Virginia, and the Cities of Chesapeake, Norfolk and 35 Portsmouth for a Preconstruction, Engineering and Design Agreement, 36 Elizabeth River Restoration Project: Sediment Remediation Component 37 at Scuffletown Creek. 38 BE IT FURTHER ORDAINED: 39 That $31,250 from the General Fund Reserve for Contingencies 40 is hereby transferred to the Department of Planning and Community 41 Development's FY 2004-2005 Operating Budget to provide the City's 42 required cash match for the agreement. 43 Adopted by the City Council of the City of Virginia Beach, 44 Virginia, on this day of , 2004. CA-9318 OID/orders/proposed/ped R4 July 2, 2004 APPROVED AS TO CONTENTS: �- Plann"epartment APPROVED AS TO CONTENTS: Management Services APPROVED AS TO LEGAL SUFFICIENCY: 4 I�V4 L/ City Attorney's Office PRECONSTRUCTION, ENGINEERING AND DESIGN AGREEMENT- ELIZABETH RIVER RESTORATION PROJECT: SEDIMENT REMEDIATION COMPONENT AT SCUFFLETOWN CREEK uu_; • :ui is301•1;7_ I SPONSOR: Participating in the agreement as the Federal Sponsor is the Federal Government represented by the Department of the Army, Norfolk District, Corps of Engineers. NON-FEDERAL SPONSORS: Participating in the agreement as the Non - Federal Sponsors are the Commonwealth of Virginia represented by the Department of Environmental Quality, and the Cities of Chesapeake, Portsmouth, Norfolk and Virginia Beach. PROJECT: The design and engineering for the environmental restoration of the Elizabeth River Basin consisting of sediment restoration or clean up at Scuffletown Creek, a tributary to the Southern Branch of the Elizabeth River, located in the City of Chesapeake. FEDERALSPONSOR RESPONSIBILITIES: The Federal government, U.S. Army Corps of Engineers, is responsible for 75 percent of the cost of the project. The total cost is estimated at $1,000,000. They are also responsible for the design of the project. NON-FEDERAL SPONSORS REPONSIBILITIES: The Non -Federal sponsors are responsible for the other 25 percent of the cost of designing the project. Of this amount the Commonwealth is responsible for 50 percent and the Cities are responsible for the remaining 50 percent. The City of Virginia Beach's total contribution is $31,250. TERMINATION: The agreement shall be terminated if the Non -Federal Sponsors fail to fulfill their monetary responsibilities. It may also be terminated if the Federal Sponsor fails to receive sufficient annual appropriations to continue. Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request to construct and maintain riprap and an extension of a pier and boatlift for Saeid Yousefieh. MEETING DATE: July 13, 2004 ❑ Background: Mr. Yousefieh has requested permission to construct and maintain rip -rap and an extension of a pier and boatlift at the rear of 300 Indian Avenue in Lake Rudee. ❑ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the agreement. The Department of Public Works supports the utilization of "hardened slope stabilization" methods including bulkheading, grouted rip -rap and rip -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. There are similar encroachments in Lake Rudee, which is where Mr. Yousefieh has requested to encroach. ❑ Public Information: Advertisement of City Council Agenda. ❑ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. Encroachment Request — Saeid Yousefieh Page 2 ❑ Recommendations: Approve the request subject to the terms and conditions of the agreement. ❑ Attachments: Ordinance, Location Map, Agreement, Plat, and Pictures. Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works / Real Estate�� cil + City Manager 1 2 3 4 5 6 7 8 9 10 11 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF CITY PROPERTY AT LAKE RUDEE, BY SAEID YOUSEFIEH, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Saeid Yousefieh desires to construct and maintain rip rap and an extension of a pier and boatlift upon and into the City's property located at the rear of 12 300 Indian Avenue in Lake Rudee. 13 14 15 16 17 18 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 and into the City's property 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- 19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Saeid Yousefieh, his heirs, 20 21 22 23 24 25 26 27 28 assigns and successors in title are authorized to construct and maintain a temporary encroachment for rip rap and an extension of a pier and boatlift in the City's right-of-way as shown on the map entitled: "LOT B, BLOCK 69 GPIN. 2417-81-9866 SHADOW LAWN HEIGHTS", 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 expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Saeid Yousefieh (the "Agreement"), which is attached hereto and incorporated by reference; and 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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 Saeid Yousefieh and the City Manager or his authorized designee execute the Agreement. day of Adopted by the Council of the City of Virginia Beach, Virginia, on the 2004. APPROVED AS TO CONTENTS GNATURE a ai;) FdA DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND M CITY ATTORNEY CA- Q o1c{ tp PREPARED: 5/26/04 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 12 day of 15 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and, SAEID YOUSEFIEH, HIS 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 "Lot-B Block 69" as shown on "RESUBDIVISION OF LOTS 12,13,14,15 & 16; BLOCK-69 MAP OF SHADOW LAWN HEIGHTS (M.B.7, PG.14) VIRGINIA BEACH, VIRGINIA SCALE: 1"=25' AUGUST 22, 2001", as recorded in M.B. 302, at Page 10 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and being further designated and described as 300 Indian Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain rip rap and an extension of a pier and boatiift, "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 existing City property known as Lake Rudee at the rear of 300 Indian Avenue "The Encroachment Area"; and GPIN: 2417-81-9866-0000 i 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 to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and 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: "LOT B, BLOCK 69 GPIN•2417-81-9866 SHADOW LAWN HEIGHTS", 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 7 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 fin-ther 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 agrees 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 a bond or other security, 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 3 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 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 hereinabove 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, Saeid Yousefieh, the said Grantee has caused this Agreement to be executed by his signature. 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. (The remainder of this page was intentionallyleft blank.) C! CITY OF VIRGINIA BEACH UZ (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: City Manager/Authorized Designee of the City Manager The foregoing instrument was acknowledged before me this day of 2004, by DESIGNEE OF THE CITY MANAGER. My Commission Expires: CITY MANAGER/AUTHORIZED Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA la�qw Notary Public My Commission Expires: STATE OF CITY/CWTY OF Q n)1 , to -wit: The foregoing instrument was acknowledged before me this �_ day of 2004, by Saeid Yousefieh. Notary Public My Commission Expires: DAK,6,,-,j7_ 31 ac)07 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFIECIENCY FORM SIGNATURE DEPARTMENT 0 NIF CITY OF VIRGINIA BEACH LAKE RUDEE o (M. a 7, PG. 14) (D. B. 4388, PG. 1201-12022 WOOD PIER W/ — BOA T LIFT (4' EXTENSION) LOT-A _1 4) h Ii d- N N 0 u 5a20L APPROXIMATE q OF CANAL MLW rn - ti _ MHW TOP OF BANK LOT-S RIP -RAP 3LK.-69 REVETMENT o 0 PREVIOUSLY APPROVED WOOD PIER W/ BOAT LIFT (PERMIT #VB02-055) # 300 N/F 2-STY. FR. LOT-17; BLOCK-69 w/ VINYL (D.B.2438, PG. 1591) SIDING I (M. B.7, PG. 14) 50.00',,--369.77' /ND/A N (30 ' R/W) (M. B. 7, PG. 14) A [iGAW slitfimm m - land Pwvm apead,iKn7.431.1a41 f. no. 201-1316 sheet 1 of 1 date: 12/10/03 COMMENTS: file: R—W AGREEMENT .dwg tech: EAG proj.man.: EAG I Exhibit "A" principle: WRP project: LOT B, BLOCK69 GPIN, 2417-81-9866 SHADOW LAWN HEIGHTS (M.B.302,PG.10) drawing no. C-1,0 Scale: V- 30' AGREEMENT PLAT .77, ^ ... � - _ _z�� _ ®m i �+Y`,9,�.• `A'ayka-' LL vm:y+'#r�n, 84�: .'I.i -:. �, y L e ``i IN J �• LO awl . ,. e i i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to appropriate $120,000 from the United States Field Hockey Association to be applied toward the construction cost of Capital Project #4-028, Multi -Use Recreational Fields MEETING DATE: July 13, 2004 ■ Background: In May 2001, City Council approved the initial funding for the multi -use recreation field as a joint venture with the United States Field Hockey Association in CIP project 4.028 Multi -use Recreational Fields. The first phase of construction included two artificial turf field hockey fields and was completed in October 2001. Phase II of the project is nearly complete and includes a 4,284 sq. ft. locker room and management facility, 811 sq. ft. public restroom facility, a supporting parking lot and lighting of Field #1 to meet television and international field hockey standards. ■ Considerations: The , United State Field Hockey Association, in consideration of the partnership agreement with the City of Virginia Beach and its desire to facilitate the completion of the Phase II improvements, has agreed to provide an additional contribution of $120,000 to the City. ■ Public Information: Public information will be handled through the normal Council Agenda notification process. ■ Alternatives: No other alternative funding is available. ■ Recommendations: It is recommended that the contribution of $120,000 be approved and appropriated to CIP 4.028 Multi -Use Recreational Fields. ■ Attachments: Ordinance; Letter to Sheila Walker, USFHA Executive Director Recommended Action: Approval Submitting Department/Agency: Parks and Recreationf � City Manage - �s )` f HAPMORDRESWR S Field Hockey ARF.doc 1 AN ORDINANCE TO APPROPRIATE $120,000 2 FROM THE UNITED STATES FIELD HOCKEY 3 ASSOCIATION TO BE APPLIED TOWARD THE 4 CONSTRUCTION COST OF CAPITAL PROJECT 5 #4-028, "MULTI -USE RECREATIONAL 6 FIELDS" 7 WHEREAS, as a result of an amendment to a joint use and cost 8 participation agreement, the City will receive from the United 9 States Field Hockey Association an additional $120,000, which is to 10 be applied toward the phase two construction costs of CIP Project 11 #4-028, "Multi -Use Recreational Fields." 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 That $120,000 is hereby accepted from the United States Field 15 Hockey Association and appropriated to CIP Project #4-028, "Multi- 16 Use Recreational Fields," for phase two construction costs, with 17 revenue in the FY 2004-05 Capital Budget increased accordingly. 18 Adopted by the Council of the City of Virginia Beach, Virginia 19 on the day of APP'''��/R��,OVED AS TO CONTEN '' Department of Management Services CA9314 H:\GG\OrdRes\US Field Hockey ORD.doc R-2 July 1, 2004 2004. APPROVED AS TO LEGAL SUFFIICyIENCY zz2h24' �. �c� City Attorney's/ ffice �r City of VirgirZia Seach 'see 3q G qr 06 S Or OUR NP401�' DEPARTMENT OF PARKS AND RECREATION (757) 5W 100 FA% (7m M-1180 TOO (757) 471S 9 September 30, 2003 Sheila Walker, Executive Director United States Field Hockey Association One Olympic Plaza Colorado Springs, Colorado 80909 RE: Meeting Notes — September 11 and 12, 2003 Dear Sheila: MUNICIPAL CENTER BUILDING 21 2408 COURTHOUSE DRIVE VIRGINIA BEACH. VA 2 IW9015 It was a pleasure to meet with Sharon Taylor, Laura Walker, and you regarding our partnership at the United States Field Hockey National Training Facility in Virginia Beach. Based on our discussions and mutual decisions, I believe we have entered an exciting new era in our relationship. I am enclosing a summary of our major discussion points and decisions. Please review these notes to ensure we have accurately captured the results and let me know if you have any concerns, questions, or suggested edits. Once we have agreed upon the documentation, please share the summary with your Executive Board. Upon their understanding and concurrence with our mutual decisions, we will proceed to have our City Attorney's Office draft a formal amendment to the Joint Use and Cost Participation Agreement for adoption by your Board and our City Manager. As part of our discussion, we agreed upon a payment schedule for the additional $120,000 that the USFHA is providing for the construction of Phase II of the facility. To facilitate the receipt of those funds, I am enclosing an invoice for the first payment, due the end of October. The second payment will be due upon 50 percent completion of the construction; final payment is due upon completion. Sheila Walker Page 2 September 29, 2003 Staff involved throughout the development of this important project have commented on the positive changes they are seeing from both parties. I look forward to working with the USFHA, your staff, the coaches, and team in guiding the completion of this wonderful facility and seeing its future come to fruition. It is a premier site in one of the most important new cultural, recreational, and educational venues in our city --Princess Anne Commons. Thank you for being such valuable partners in our future. Sincerely, Cindy A. Curtis Director CAC/jas Attachments c: City of Virginia Beach Clarence O. Wamstaff, Interim Chief Operating Officer Vanessa T. Valldejuli, City Attorney's Office Peter J. Hangen, Marketing and Information Systems Coordinator Nancy A. Pavona, Sponsorship and Partnership Development Officer Jane Jagodzinski, USFHA Facility Manager J. Barry Frankenfield, Design and Development Administrator Brian S. Solis, Planner III John W. Smith, Parks and Recreation Coordinator Steven W. Johnston, Administrative Services Manager USFHA Sharon Taylor, President Laura Darling, Director of Olympic Development CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Accept and Appropriate $9,000 from the Homeland Security Emergency Management Performance Grant to the Fire Department's FY 2004-05 Operating Budget to Cover Training Event Costs MEETING DATE: Julv 13, 2004 ■ Background: Under the provisions of the Homeland Security Emergency Management Performance Grant, and with the endorsement of the Commonwealth Preparedness Working Group, the City of Virginia Beach has received $9,000 to assist in the planning and exercise development activities to support participation in the Department of Defense sponsored Determined Promise Exercise. The exercise is scheduled to take place August 5th-11th 2004. ■ Considerations: The funds are earmarked for use in development of a comprehensive local exercise support plan and synchronization with other regional jurisdictions that will be participating in the exercise. Responsibilities include development of local scenarios that integrate with an established Master Scenario as well as supporting scripts, messages and injects to facilitate the exercise play. Funds may be used to procure design and exercise scenario materials, pay overtime expenses for participants, and purchase consumable supplies and other related expenses. ■ Public Information: Public Information will be handled through the normal process. ■ Alternatives: The City could chose to ignore funds it has already been awarded. However, this is a unique opportunity to participate in an exercise event of this magnitude and of great value in the process of refining local and regional emergency management capabilities. ■ Recommendations: Approve and accept $9,000 from the HSEMP 2002 Grant to the Fire Department. ■ Attachments: Ordinance Notification memo from VA. Dept. of Emergency Management Recommended Action: Approval Submitting Department/Agency. Fire Department City Manage P1 �W.1, H:\PA\GG\ORDRES\D mmed promise exercise arf.doc 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $9,000 FROM THE HOMELAND SECURITY 3 EMERGENCY MANAGEMENT PERFORMANCE GRANT 4 TO THE FIRE DEPARTMENT'S FY 2004-05 5 OPERATING BUDGET TO COVER TRAINING EVENT 6 COSTS 7 8 9 WHEREAS, the Department of Defense has scheduled a multi- 10 jurisdictional training event, and authorized a $9,000 Homeland 11 Security Emergency Performance Grant to support the City's 12 participation. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 1. That $9,000 is hereby accepted from the Homeland 16 Security Emergency Performance Grant and appropriated to the 17 Fire Department's FY 2004-05 Operating Budget of to cover 18 training event costs. 19 2. That revenue from the state is hereby increased by 20 $9,000 in the FY 2004-2005 Operating Budget. Approved as to Content Management Services Approved as to Legal Sufficiency �/` l� v C�✓c \ V, is City Attorney's Of ice CA9316 H:\GG\OrdRes\Promise Exercise ORD.doc R-3 July 1, 2004 Page 1 of Donna Brehm - FW: Exercise Development Funding- D1304 Exercise From: "Sommer, Mr P." <psommer@hampton.gov> To: 'Mark Marchbank'<emgmt@vbgov.com>,'Hui-Shan Walker' <hwalker@ fire.city.chesapeake.va.us> Date: 5/18/2004 4:46 PM Subject: FW: Exercise Development Funding - DP04 Exercise -----Original Message ---- From: Hart, Hampton [mailto:hhart@vdem.state.va.us] Sent: Monday, May 03, 2004 12:15 PM To: Benjamin - Fire Johnson (E-mail); Mastin, Ronald; Best, Sr., R. Stephen; Weiler, T. K.; Judkins, James T.; Keys, Ron; Williamson, A. Jack; Cade, Gregory B.; Sommer, Peter; Kopczynski, Stephen P.; Miller, Richard; Pozzo, J. L.; White, John T.; Price, Lynda F. Cc: Hoffman, Sam; Gilman, Julian; Adkins, Cheryl J.; Estes, Leigh; Coleman, COL Mike; Douglas C. LTC Gagnon (VA) (E-mail); McGeorge, Constance (OCP); Camp, Mary; Hart, Hampton Subject: Exercise Development Funding - DP04 Exercise Dear Emergency Managers, Under the provisions of the Homeland Security Emergency Management Performance Grant, Fiscal Year 2002, the State Coordinator with the endorsement of the Commonwealth Preparedness Working Group has approved the release of funding to assist your locality in the planning and exercise development activities to support your particippation in the Department of Defense sponsored Determined Promise Exercise (DP(04) which will take place, 5-11 August 2004. The funding provided will be $4,500.00 now and an additional $4,500.00 after 1 July 2004. These funds earmarked are to be used to develop a comprehensive local exercise support plan for the DPO4 Exercise and your participation in the exercise in August. You are strongly encouraged to continue to cooperate with the other participating jurisdictions in the Hampton Roads and Richmond area to provide one comprehensive, synchronized exercise plan. Specifically, the plan must include the following items: 1. Major and detailed event statements with supporting narratives in concert with the DPO4 Master Scenario Events List (MSEL). 2. Messages, scripts, inject and other products to support each event and facilitate the exercise play. 3. Supporting synchronization matrix for exercise plan. Again, the funding used and the exercise products developed are to reflect and be part of the region's participation in the DPO4 Exercise and will support the Commonwealth's stated exercise objectives. The intent is not to develop independent exercise plans but to develop a collective product in support of the overall efforts to date. The provision of the funding is for the localities to coordinate their efforts and work together in order to support the exercise objectives of USNORTHCOM and Joint Task Force Civil Support. These supporting materials are to be completed no later than June 10, 2004, and submitted prior to the Determined Promise 2004 Final Planning Conference. file:HC:\Documents%20and%o2OSettings\dbrehm\Local%2OSettings\Temp\GW)00005.HTM 6/24/2004 Page 2 of In accordance with the ODP Exercise Grant Funding guidance, the monies may be used to procure services to support the design and development of exercise materials, pay overtime expenses, in accordance with the Commonwealth's regulations, travel costs related to the development process, expended or consumed supplies used, and other exercise development related costs. Due to this funding being provided through the 2002 ODP Grant, all costs are to be captured and reported in the format provided at the attachment. The report with supporting receipts is due by 15 September 2004, attention: Virginia Department of Emergency Management Attn: Preparedness, Training & Exercise Division (Mr. Hart) 10501 Trade Court Richmond, Virginia 23236 The monies will be provided by our Finance Department to your ODP Grants Manager. Additionally, request that you provide this department with an acknowledgement by 7 May 2004 of your intent to accept these funds via email to Mr. Hampton H. Hart, Jr., hhart@ vdem. state.va.us. Any questions regarding this correspondence may be directed to the following individuals: Exercise Related: Mr. Hampton H. Hart, Jr. Virginia Department of Emergency Management hhart@vdem.state.va ns 804-897-6500, Ext 6593 Grant Issues Mr. Julian Gilman Virginia Department of Emergency Management igilman@vdem state_va n.c 804-897-6500,Ext6595 Ms. Cheryl Adkins Virginia Department of Emergency Management igilman vdem.stste.vs nc 804-897-6500, Ext 6526 Finance Ms. Leigh Estes Virginia Department of Emergency Management 1 stes@vdem crate va nc 804-897-6500, Ext 6518 Cheers .... H3 Hampton H. Hart, Jr. State Exercise Training Officer Preparedness, Training and Exercises Division Virginia Department of Emergency Management 10501 Trade Court file://C:\Documents%20and%20Settings\dbrehm\Local%20Settings\Temp\GW)00005.HTM 6/24/2004 Page 3 of 3 Richmond, Virginia 23236 (804) 897-6500, Ext 6593 (804) 897-6556 (Fax) ad majorem Dei gloriam file://C:\Documents%20and%20Settings\dbrehm\Local%20Settings\Temp\GW)00005.HTM 6/24/2004 fG CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Braun Construction, Modification of a Non -Conforming Use MEETING DATE: July 13, 2004 ■ Background: An Ordinance upon Application of Braun Construction Company, Inc. for the Enlargement of a Nonconforming Use on property located at 217 51 st Street (GPIN 24187899770000). DISTRICT 5 — LYNNHAVEN ■ Considerations: During review of this request, doubt arose regarding whether the use in question is indeed non -conforming. Since that determination has not been made, this request cannot be heard by the City Council at this time. ■ Recommendations: This request must be indefinitely deferred. ■ Attachments: Location Map Recommended Action: Indefinite deferral. Submitting Department/Agency: Planning Department City Manager �_ . �Q EV"2- Zoning History #DATE REQUEST FACTION 1 07/10/01 Street Closure Granted 2 04/14/86 Street Closure Granted 3 11/25/85 Subdivision Variance Granted Robvn & David Waltrip # J DATE I REQUEST I AG I IUN 1 10/23/90 Subdivision Variance Denied 2 04/29/94 Subdivision Variance Granted 3 08/25/98 Zoning Change (B-1 & R5R to R2.5 w/ a PD-H2 Granted overlay) 4 11/23/99 Zoning Change (B-2 to R5D w/ a PD-H2 overlay) Granted �5jmfk,�px- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Robin G. & G. David Waltrip and John Ward — Street Closure (portion of Sunny Circle) MEETING DATE: July 13, 2004 ■ Background: An Ordinance upon Application of Robin G. & G. David Waltrip and John Ward for the discontinuance, closure and abandonment of a portion of Sunny Circle beginning on the west side of Athens Boulevard and running approximately 215.23 feet in a westerly direction. DISTRICT 4 — BAYSIDE ■ Considerations: The applicants are requesting to close a 7,549 square foot portion of Sunny Circle adjacent to their properties. The applicants' intent is to incorporate the Sunny Circle property into their adjoining properties located north and south of the street. The applicants agree to combine lots on the north side of Sunny Circle to provide conformity with a proposed R-7.5 zoned residential development (see Athens Blvd., L.L.C.). The result will be four building lots fronting on the new residential street being developed north of the property. The Viewers Committee has determined that an existing 8-inch sanitary sewer is in this right-of-way and needs to be preserved. A twenty foot wide public utility easement must be dedicated as condition of the street closure. The incorporation of this portion of right-of-way into the adjoining lots is consistent with the Comprehensive Plan goals to support and strengthen the residential identity in this area. Staff recommended approval. There was no opposition to this request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are utilities within the right-of-way proposed for closure. If utilities do exist, easements satisfactory to the utility company must be provided. 4. A twenty foot wide public utility easement satisfactory to the Department of Public Utilities shall be dedicated. No development shall be permitted to encroach within the easement. 5. The resubdivision plat reflecting the street closure shall not be recorded unless and until a new 50' Right -of -Way is dedicated to the city on adjacent property to the north. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmenUAgency` Planning Department W`TJ City Manager: � 1 • Q1Y" J' E02-21 1 -STC-2004 WALTRIP & WARD Agenda Item # 19 June 9, 2004 Public Hearing Staff Planner: Karen Prochilo 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. P h Location and General Information REQUEST: Street Closure for a portion of Sunny Circle f/k/a Popular Street. LOCATION: The unimproved section of Sunny Circle, north side of Athens Boulevard. COUNCIL ELECTION DISTRICT: 4 — BAYSIDE SIZE: 7,549 square feet WALTRIP AND WARD Agenda Item # 19 Page 1 SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: North: . Single-family home / R-7.5 Drive Overlay) South: • Single-family home / R-7.5 Drive Overlay) East: • Athens Boulevard West: . Sunny Circle Residential (Shore Residential (Shore The site is an unimproved right-of-way that does not appear to have any significant environmental resources. The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Summary of osa The applicants are requesting to close a 7,549 square foot portion of Sunny Circle adjacent to their properties. The applicants intend is to incorporate the Sunny Circle property into their adjoining properties located north and south of the street. The applicants agree to combine lots on the north side of Sunny Circle to provide conformity with a proposed R-7.5 zoned residential development (see Agenda Item 20, Athens Blvd., L.L.C.). The result will be four building lots fronting on the new residential street being developed north of the property. The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. WALTRIP AND WARD Agenda Item # 19 Page 2 Current or future need for this right-of-way. Consistency of any proposed development for the property with the Comprehensive Plan. • The Comprehensive Plan indicates this area to be in the 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 an aesthetic quality of the stable neighborhoods located in this area. This means that the established type, size and relationship of land use in and around these neighborhoods serve as a guide when considering future development. Staff Evaluation Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the `Major Issues' above. (1) In regard to existing or future need for the right-of-way, the Viewers Committee has determined that an existing 8-inch sanitary sewer is in this right-of-way and needs to be preserved. A twenty feet wide public utility easement must be dedicated as condition of the street closure. (2) The incorporation of this portion of right-of-way into the adjoining lots is consistent with the Comprehensive Plan goals to support and strengthen the residential identity in this area. The Viewer's Committee and Staff, therefore, recommend approval of this request subject to the conditions below. WALTRIP AND WARD Agenda Item# 19 Page 3 Conditions The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are utilities within the right-of-way proposed for closure. If utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 5. A twenty feet wide public utility easement satisfactory to the Department of Public Utilities shall be dedicated. No development shall be permitted to encroach within the easement. 6. Street closure plat shall not be recorded unless and until a new 50' Right -of -Way is dedicated to the city on adjacent property to the north. NOTE. Further conditions may be required during the administration of applicable City Ordinances. WALTRIP AND WARD Agenda Item # 19 Page 4 Zoning History Robyn & David Waltrip # I DATE I REQUEST I ACTION 1 10/23/90 Subdivision Variance Denied 2 04/29/94 Subdivision Variance Granted 3 08/25/98 Zoning Change (B-1 & R5R to R2.5 w/ a PD-1-12 overlay) Granted 4 11/23/99 Zoning Change (B-2 to R5D w/ a PD-1-12 overlay) Granted WALTRIP AND WARD Agenda Item # 19 Page 5 Public Agency Comments Public Works The street closure should be conditional to the establishment of the proposed 50 feet right-of-way required with the proposed residential development on Athens Boulevard. Public Utilities Water: I There are no public water facilities in the area proposed for closure. Sewer: There is an 8-inch sanitary sewer in the proposed right-of-way. Dedication of a 20 feet wide public utility easement required. No development will be permitted to encroach within the easement. Public Safety Comments relating to Police and Fire Department issues will be addressed during DSC review and building permit process. Private Utility Comments Virginia Natural Gas and Hampton Roads Sanitation District have indicated that the closure of this portion of Sunny Circle does not affect their facilities. WALTRIP AND WARD Agenda Item;# 19 Page 6 A=526'� PrA=5,25' � $U �Cy}K rtj " � t.. 6a_ . o7a �l. A.328' A 55.30 96 CO " 3i 0� A=42.32' f� R.2o'.. R= P'Lh. R=2000' A=30, 4G $20 o •4, i m P TO BE �.., \., VA.CATED !, a s a .- o ^i S 15'46 s'' d! 55.3?" m a y{ { a rn 0 0 O '. 15.00' Im 7,39' . ',..,. I ti 15'4E5^' vt 34.39" rn u, �=oo as 4� e {IQ 9M' ` I E%15lPIG PAOPFP.nES 9J gS. 1) LOI'S 41-A4, 15] X-W" (VA MP) 2) LOSS 45-49. 1570 41-WZJ (WARD) J) C015 50-SS 13R)-Ji-SIIJ (WK FIP) N�� AREA OF P/W Y9 A CLDE® AND REVERT P �� AD/,{CENS PR0➢ERnES; ?549.> V.RITS A: AREA TO RLb T TO WARS 202? 1 S, O N6 AC AREA N RE' r TC WALMIP 55226 Y. R727 AC I rI15 EXNI&Y IS INMNOED rR USE MLY AS 1NJXCA2P Dff "POSE O ST. 7 CLOSURE A'OEPENOENT 6 i E ASSOCIATED RECCRD OOCUWENSS 17 IS NJl 1NTEMID FDA ANY Ot TNAN Gf ERAL REFER M }IRS E%M&' OCES NOT CDNSIMM A SUOIX, d/ X y hq A B`JUNGARY SNwy. M.B. 9. P. 3f w-'C25_c:aocEX++c»9 SCALE: I- - SO' 14 MAFG'H, 2OOA rVF SMHT C! OSLRE EXHIFIT of A PCIPD a OP £LLAtiI Sunny Grcie (formerly Poplar St.) _ �\ —____.___- Lake Bradford Park -- r'GP -I'L F,RVv ITZ . Rc9yn k. & C. C Wc!L-y end m� F tYo,6 N W _ - 5 'Noy R it 4 R� iA 4h\T vhRGlNU BEACH 'ARGWIA •'. - `.,.•, Exhibit B Survey of Area to be Closed WALTRIP AND WARD Agenda Item # 19 Page 8 NOIIVDl lddy MISOD 121HIS F Z W Q N W ir D N O U N it p 0 C ".V 4, U C L�] j ¢ FLf D a 51 o- r' �xa _ �Oo S a 9 V s = = y s d i U G G I O ° NIOI�L'�� L-LtL I'IddV Of) ,LPL-LtX WALTRIP AND WARD Agenda Item;# 19 Page 9 7 Exhibit C Disclosure Statement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS SUNNY CIRCLE AS SHOWN ON THAT CERTAIN PLAT ENTITLED "STREET CLOSURE EXHIBIT OF A PORTION OF SUNNY CIRCLE (FORMERLY POPLAR ST.) LAKE BRADFORD PARK FOR ROBYN M. & G. DAVID WALTRIP AND JOHN F. WARD, III & KATHLEEN S. WARD, VIRGINIA BEACH, VIRGINIA": WHEREAS, ROBIN G. WALTRIP, G. DAVID WALTRIP AND JOHN F. WARD, III applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: GPIN's: 1570-41-1300, 1570-41-0269, 1570-41-0330, 1570-41-0302, 1570-31-9382, 1570-31- 9353, 1570-31-9334, 1570-31-8394, 1570-31-8364, 1570-31-9282, 1570-31-9243, 1570-31- 9213, and 1570-31-8276 35 SECTION I 36 37 That the hereinafter described street be discontinued, closed and vacated, subject 38 to certain conditions being met on or before one (1) year from City Council's adoption of this 39 ordinance: 40 41 All that certain piece or parcel of land situate, lying and being in 42 the City of Virginia Beach, Virginia, designated and described as 43 "SUNNY CIR FORMERLY POPLAR ST (30' R/W TO BE 44 CLOSED)" shown on that certain plat entitled: "STREET 45 CLOSURE EXHIBIT OF A PORTION OF SUNNY CIRCLE 46 (FORMERLY POPLAR ST.) LAKE BRADFORD PARK FOR 47 ROBYN M. & G. DAVID WALTRIP AND JOHN F. WARD, III 48 & KATHLEEN S. WARD, VIRGINIA BEACH, VIRGINIA" 49 Scale: 1" = 30', dated March 29, 2004, prepared by Kellam 50 Gerwitz, a copy of which is attached hereto as Exhibit A. 51 52 53 SECTION II 54 55 The following conditions must be met on or before one (1) year from City 56 Council's adoption of this ordinance: 57 1. The City Attorney's Office will make the final determination regarding 58 ownership of the underlying fee. The purchase price to be paid to the City shall be determined 59 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street 60 Closures," approved by City Council. Copies of said policy are available in the Planning 61 Department. 62 2. The applicant is required to resubdivide the property and vacate internal lot 63 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be 64 submitted and approved for recordation prior to final street closure approval. 2 2 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 ON 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4. A twenty -foot wide public utility easement satisfactory to the Department of Public Utilities shall be dedicated. No development shall be permitted to encroach within the easement. 5. The resubdivision plat reflecting the street closure shall not be recorded unless a new 50' RiQht-of-Way is dedicated to the City on adjacent property to the North. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one year of the City Council vote to close the street, this approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before July 12, 2005, this 83 Ordinance will be deemed null and void without further action by the City Council. 84 2. If all conditions are met on or before July 12, 2005, the date of final 85 closure is the date the street closure ordinance is recorded by the City Attorney. 86 3. In the event the City of Virginia Beach has any interest in the underlying 87 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 88 may be requested to convey such interest, provided said documents are approved by the City 89 Attorney's Office. 3 3 90 SECTION IV 91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 92 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 93 VIRGINIA BEACH as "Grantor" and ROBIN G. WALTRIP, G. DAVID WALTRIP AND 94 JOHN F. WARD, III as "Grantee." 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 ill 112 113 114 Adopted by the Council of the City of Virginia Beach, Virginia, on this � PI CA-9244 Date June 14, 2004 F.-OamV For \St=t C1osure\W0MNG\CA92 .ord.dm APPROVED AS TO CONTENT: 6 nm_o4 Plami ng Department APPROVED AS TO LEG �SUFFICIENCY: City Attorney day 4 4 SUNo RR/W)R �l A=42.32' Q\� R=291. 00' A=9.28' R=20.00' A=50. 2 8' R=20 A 0 0 `l 001 �l Q\� P TO BE VACATED (TYP) SU—A m A=5.26" ' R=23.00'\ A0� 5.25 R=60. 0 q 50=505'.30 4 90 :1 `).,F .4P�2 R=500J e" A='6 44' I �� I Q\� IN 41-A w� \�C m a z 15.00" 74.39_ o z _ _ S 15'4651 " W 89.39' L 2 43-"A � I �I 15. I� R=10.00"JA=^5-27' R=10. 00 F y�y F �e A, �` .94 2_ 74.3 I _ S 15'46'51" W 9.39' 8 � o I I C 45-A m U1 O A l� 1.� W �{ O b 74.39' Im I S 15'4651" W 89.39" w � w m 47"-A I A=289r - - �- r.=2o0 NI m 27, EXISTING PROPERTIES: 1) LOTS 41-44, 1570-31-6394 (WALTRIP) 2) LOTS 45-49, 1570-41-OJJO (WARD) 3) LOTS 50-55, 7570-31-9213 (WALTRIP) AREA OF R/W TO BE CLOSED AND REVERT TO ADJACENT PROPERTIES: 7549.7 SF, 0.173 AC AREA TO REVERT TO WARD: 2027.1 SF, 0.046 AC AREA TO REVERT TO WALTRIP. 5522.6 SF, 0.127 AC Exhibit A THIS EXHIBIT IS INTENDED FOR USE ONLY AS INDICATED FOR THE PURPOSE OF STREET CLOSURE. INDEPENDENT I OF THE ASSOCIATED RECORD DOCUMENTS IT IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. THIS EXHIBIT DOES NOT CONS71TUTE A SUBDIVISION OF LAND NOR A BOUNDARY SURVEY. M.B. 9, P. 91 V04026_closeEXH.dw9 SCALE: 1" = 30' 29 MARCH, 2004 TMF STREET CLOSURE EXHIBIT OF A PORTION OF ��<j E LAM Sunny Circle (formerly Poplar St.) o I y� 0 - Lake Bradford Park - `�11� Jl"f ERWITZ FOR Robyn M. & G. David Waltrip and John F. Word, IN & Kathleen S. Ward ENGINEERING - SURVEYING - PLANNING VIRGINIA BEACH VIRGINIA SnI CENTRAL DRIVE Fn%1 i57i) 34a16olAC11. VA2lI5f Item #19 Robin G. & G. David Waltrip & John Ward Discontinuance, closure and abandonment of a portion of Sunny Circle District 4 Bayside June 9, 2004 REGULAR Dorothy Wood: Okay. Mr. Strange: Joseph Strange: The next item is Item #19 Robin G. & G. David Waltrip and John Ward. This is a discontinuance, closure and abandonment of a portion of Sunny Circle beginning on the west side of Athens Boulevard and running approximately 215.23 feet in a westerly direction. Dorothy Wood: Yes sir. Eddie Bourdon: Thank you. Madam Chairperson, Eddie Bourdon, a Virginia Beach attorney representing the applicant. The applicant's are the owners of a total of 15 lots. I don't know whether or not you have it on and it's not in the package on this application but you have a better map, a composite map on the next application, which would be helpful. That one will do. I'm sorry. You can go back to the site plan. It's kind of hard to see here but I think we can follow along. The Ward's own these three lots located right here, which is depicted on here, which would be new Lot #47A. The Waltrips own the remaining 12 lots, the lots here and the lots here. The Waltrip's home is located on this property. Sunny Circle is a paper street, unimproved. I understand there are some utilities. We have no problem with the condition about providing for those utilities with an easement. The request is to close this paper street, the existing Sunny Circle like so. And, this opportunity exists because of the next proposal that you will be entertaining is the subdivision of the property to the north in accordance with its existing zoning. We were approached and wanted for some time in the case of the Waltrips to do this to close this street so in the end we will make by resubdividing these properties, we will go from 15 lots to a total of 5 lots. They will be far more conforming than the existing lots, which have been plated going on a century now. The opportunity to this exists because of the provision of the road to the north. All the conditions are acceptable. We think it represents a far better way to develop this property than to put this road in and develop on these very, very small lots or try to do some combination. I would mention although its premature the homes that are being built at the end of this cul-de-sac are being built by another client of mine Mr. Gregor. And, he is fully aware of what is proposed and fully supportive of what is proposed. He has no objection. The people who he will be selling these homes will be notified of this development that is going to come in here. It is also my understanding that there will be some landscape screening provided behind these two homes, which are built fairly close to the right-of-way line of that new road. Dorothy Wood: Thanks. Are there any questions of Mr. Bourdon? Eddie Bourdon: And we do understand that the two do have to go hand in hand. Dorothy Wood: Yes sir. Ronald Ripley: Mr. Bourdon, one of the communications that we received seemed like the residents got together and they were concerned about preserving trees. I realize and I'm not sure that it was written on your particular one or not but still those properties are in the same area. My question is would the applicant be willing to avoid removing trees in the rear setback inside the setback where possible? Eddie Bourdon: I notice it has nothing to do with this part of the application. Number two, were we to put in the road and develop the existing lots there would be far, far greater removal of trees than what we're proposing to do with this application. These lots are not even with what were doing, these lots will still be somewhat non -conforming in terms of size. So to try to craft some tree preservation restriction the answer is no. There is just no practical way that we can do that on this piece of property. Ronald Ripley: Even in the rear setback? Eddie Bourdon: The rear setbacks are all between our own properties. They don't have anything to do with anybody else's properties. Ronald Ripley: But they're subdivided lots. The purpose of subdividing a lot is to build a house, I would think. Eddie Bourdon: These lots are already subdivided. We own all of them. This is not the next application. Ronald Ripley: I understand. Eddie Bourdon: The answer is no. They are not doing any tree preservation on our property. Again, we're making 15 lots go to five lots. Ronald Ripley: You mean you wouldn't be willing to do that where possible? Is that what you're saying? Eddie Bourdon: Who decides where possible? There is a utility easement that is going to run right down the middle of what would be the new property line anyway. Ronald Ripley: What utility easement? What's going to be on that easement? Eddie Bourdon: It is my understanding there already are some utilities in this right-of- way. We had to provide a 20-foot easement through there for that utility line. I have no idea where that is going to need to be at some point in time tom up as well. I guess you'll want to window dress it so we'll try to preserve as many trees as we can when the property is developed. Sure. What we're doing is a betterment of the situation that exists in terms of anything that making anything far more conforming, far better than to put that road and develop small non -conforming lots. Ronald Ripley: I don't disagree with you at all. I think it is a definite improvement taking the smaller lot into the larger lots. It just seems like along the rear property line where you can preserve them that they would be preserved. Eddie Bourdon: Again, I appreciate with the next application where you have people living in existing houses that want done but my clients are the only ones who live on this property. They would be the only affected by the removal of trees. They have a beautiful property. It is well maintained and lots of trees. They like trees. In terms of the ability to put in place some type of restriction that would be of any use, I still don't know how you do it frankly. Dorothy Wood: Mr. Bourdon, would you please answer Mr. Miller's question next? Robert Miller: The two do get contaminated, this application and the next one. There standing on top of each other because what you're doing here in effect the frontage of those lots on the north side of this would be on a proposed street which is the next application. Is that correct? Eddie Bourdon: That is correct Robert Miller: So the backyards are right where the existing Sunny Circle is, which is already cleared and I think we saw pictures of it this morning. So, this means there are no trees in there anyway right now. Is that right? Okay. Is that not Sunny Circle? Eddie Bourdon: Yes. Robert Miller: What I was trying to say is that these are the backyards of all the lots. Lot #58 would face on Athens Boulevard the existing and these other four would actually face on the other road. Eddie Bourdon: Correct. Robert Miller: I agree with what both of you are saying and that is people would be responsible and try to save as many trees as possible in the areas that they can. I'm sure they will. That little section of the paper street is pretty well cleared already. So, there is not much there to be saved. It looked like the lots would inevitably trip over to the next application because the frontage is switch to the other street. Eddie Bourdon: I can appreciate the concern with regard to the houses and I guess it is Bradford Point that would back up to the new lots that are being created but in this case it's just the Waltrips home and obviously we want to maintain as many trees that we can because when the property is developed because the values would be higher if they're wooded lots. I don't know we can craft a condition that really designates. Ronald Ripley: You're a pretty imaginative guy. You can sure come up with some easement that would do it. Eddie Bourdon: Unlike the ones in the next application these lots even after what were doing are still smaller than the zoning category requires. We're making them more conforming but they're still non -conforming. Unlike the next application where the lots will be conforming with the zoning ordinance, even with what we're doing the four lots backup to the closed Sunny Circle and front on the new street, those lots will still not be conforming in terms of size for the zoning ordinance. It's still going to be tight. They'll be larger than the lots upon the homes are being built on Sunny Circle today. Ronald Ripley: I didn't realize that because when I asked the question they would be R- 7.5. Eddie Bourdon: The zoning is R-7.5. The lots that are platted there don't mean the criteria. They come very close but with adding the street and doing what we're doing, we'll make them much closer but they still won't be conforming. If you look at the dimensions they are not as large as the ones on the other side of that new street. Dorothy Wood: Are there any other questions for Mr. Bourdon? Thank you sir. Eddie Bourdon: Thank you. Dorothy Wood: Are there any other speakers? Joseph Strange: Not on this project. No. Dorothy Wood: No other speakers on this project? Is there any discussion? We do on the next one but not this one. Robert Miller: I'll speak. Dorothy Wood: Okay. Mr. Miller. Robert Miller: I think we're comfortable with what the viewer said. I believe this configuration looks much more logical to me than what was there before and I'll make a motion that we approve the item and get towards that goal. Dorothy Wood: Thank you Mr. Miller. Eugene Crabtree: I'll second it. Dorothy Wood: Thank you. Ronald Ripley: Discussion. Dorothy Wood: Yes sir. Ronald Ripley: I didn't realize that these lots were as small as they were. I thought they were all 7,500 square feet and that makes a difference when you're working with a smaller lot particularly in depth. I withdraw what I say. Dorothy Wood: Are there any other comments? AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote 10-0 the application of Robin G. & G. David Waltrip and John Ward has been approved. Subdivision Variance # I DATE I REQUEST I ACTION 1 10/23/90 Subdivision Variance Denied 2 04/29/94 Subdivision Variance Granted 3 08/25/98 Change of Zoning from B-1 & R5R to R2.5 with a Granted PD-H2 overlay 4 11/23/99 Change of Zoning from B-2 to R5R with a PD-H2 Granted overlay � u - F� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Athens Blvd., L.L.C., Subdivision Variance MEETING DATE: July 13, 2004 ■ Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Athens Blvd., L.L.C. Property is located at the northwest intersection of Beaufort Avenue and Athens Boulevard (GPIN 15704133540000). DISTRICT 4 — BAYSIDE. ■ Considerations: It is the intent of the applicant to subdivide 15 lots out of the existing 4.5 acres, which could be done by -right, except that the proposed subdivision creates two "through -lots" from two existing lots on adjacent property. The through -lots will have two front yard setbacks and no rear yard setback, which is what the ordinance requires for through lots. The thirty feet of setback required for the yards cannot be met due to the location of the existing homes on the lots. These lots had previously been granted Board of Zoning Appeals variances to allow ten (10) feet for rear yard setbacks due to their small size. The subdivision variance would allow these two existing properties to have 10-foot setbacks rather than the 30 feet that is required. Staff recommended approval, subject to the attached conditions. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 7-3 with abstention to approve this request with the following conditions: The property shall be subdivided in substantial compliance with the submitted plat entitled "Preliminary Subdivision Plat of Athens Boulevard for Athens Assoc., L.L.C." prepared by Kellam and Gerwitz dated 10/15/03. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Athens Blvd., L.L.G. Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departtmmen��_t/A���ge"""nIc/y: Planning Department City Manager-!�z-I�2� E02-21 1 -SVR-2004 ATHENS BOULEVARD Agenda Item # 20 June 9, 20043 Public Hearing Staff Planner: Karen Prochilo 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: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance LOCATION: Property located at the intersection of Beaufort Avenue and Athens Bouldevard. GPIN: 15704133540000 COUNCIL ELECTION DISTRICT: 4 - BAYSIDE 0 BM row U r. ATHENS BOULEVARD, LLC Agenda Item # 20 Page 1 SITE SIZE: 4.5 acres EXISTING LAND USE: Undeveloped. There is an old single-family home on the parcel. SURROUNDING North: . Single-family homes / Bradpoint Lane, R-7.5 LAND USE AND Residential District (Shore Drive Overlay) ZONING: South: . Single-family homes / Athens Boulevard, R-7.5 Residential District (SD), Bradford Lake East: . Single-family homes / Beaufort Avenue, R-5R Residential District (SD) West: . Single-family home / R-7.5 Residential District (SD), Bradford Lake NATURAL RESOURCE AND CULTURAL This site is wooded. There is a narrow portion of the lot that can FEATURES: access the Lake Bradford. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. z Summary of { '/�{" . Existing Lot: The existing lot is 4.5 acres. Proposed Lots: It is the intent of the applicant to subdivide 15 lots out of the 4.5 acres. This proposed subdivision creates two existing lots on adjacent property into through lots that will have two front yard setbacks and no rear yard setback (as required for through lots). The thirty feet of setback required for front yards cannot be met with the location of the existing homes. These lots had previously been granted Board of Zoning Appeals variances to allow ten feet for rear yard setbacks due to their small size. The subdivision variance would allow these two existing properties to meet the minimum setback for through lots in this zoning district. ATHENS BOULEVARD, LLC Agenda Item #20 Page 2 ITEM REQUIRED LOT 37A LOT 39A Front Yard (north side) Setback in feet 30 10' 10` 'Variance required The Comprehensive Plan indicates this site to be in the 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. This means that the established type, size and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. Staff Evaluation Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. ATHENS BOULEVARD; LLC Agenda Item # 20 Page 3 E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff's evaluation of this request reveals the proposal, through the submitted materials, does provide evidence of a hardship on the two existing lots created by the physical character of the property, due to its location adjacent to a long, narrow parcel that has remained undeveloped for a number of years while the surrounding area developed. The hardship is not self-inflicted. The variance will not be of substantial detriment to adjacent property and the character of the neighborhood will not be adversely affected. The problem is not so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance justifying the granting of a variance to the requirements of the Subdivision Ordinance. Staff, therefore, recommends approval of this request. Conditions The property shall be subdivided in substantial compliance with the submitted plat entitled "Preliminary Subdivision Plat of Athens Boulevard for Athens Assoc., L.L.C." prepared by Kellam and Gerwitz dated 10/15/03. NOTE. Further conditions may be required during the administration of applicable City Ordinances. ATHENS BOULEVARD, LLC Agenda Item #20 Page 4 Supplemental I nformation Zoning History Subdivision Variance # I DATE I REQUEST I ACTION 1 10/23/90 Subdivision Variance Denied 2 04/29/94 Subdivision Variance Granted 3 08/25/98 Change of Zoning from B-1 & R5R to R2.5 with a PD-H2 Granted overlay 4 11/23/99 Change of Zoning from B-2 to R5R with a PD-H2 overlay Granted ATHENS BOULEVARD, LLC Agenda Item #20 Page 5 Water: I This site must connect to City water. Sewer: I This site must connect to City sewer. Public Agency Comments Public Utilities 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 concerns will be addressed during the DSC review and building permit process. ATHENS BOULEVARD, LLC Agenda Item`# 20 Page 6 Exhibits Exhibit A Aerial of Site Location ATHENS BOULEVARD, LLC Agenda Item #20 Page 7 Exhibit B Existing Site \ \ h ep� l \ mJ.i• �bI xk // "pr OFF_wp $ z e•r xp ATHENS BOULEVARD, LLC Agenda Item #-20 Page 8 Exhibit C Proposed Subdivision y� 2 y Bt {7 4 J � u a x a y y � n:. .n r--r, 1, .i e • _t ... } y ATHENS BOULEVARD, LLC Agenda Item:# 20 Page 9 F z W 2 W Q y W U1 to U t!f z W i N N w X 3 N 0 U N day m c � D O mt a C E ay.p. h CEUU QI mt i2 L GOB M c Z I can= \\ 6 V O C j a a'ac L d P T H I +"mcpo 1111 I.D jY nr m,3 Q a Q U 278 ` 3z U _dmEll n o _ q • E m E 5 _ o Y I c I a d Q a c t m m i o o 73 m m b ! O q Em O E C m s� 33a=o'c� m_ O as qq 45Ga os q° GV m J m'. U O F d i_ J m V O Iry N m I Exhibit D Disclosure Statement ATHENS BOULEVARD, LLC Agenda Item #20 Page 10 Item #20 Athens Blvd, L.L.C. Appeal to Decisions of Administrative Officers in Regard to certain elements of the Subdivision Ordinance Northwest intersection of Beaufort Avenue and Athens Boulevard District 4 Bayside June 9, 2004 REGULAR Joseph Strange: The next item is Item #20 Athens Blvd, L.L.C. An Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, subdivision for Athens Blvd, L.L.C. The property is located at the northwest intersection of Beaufort Avenue and Athens Boulevard. Dorothy Wood: Sir? Billy Garrington: Thank you Madame Chairman, members of the Planning Commission. Again, for the record, I'm Billy Garrington. I'm a local consultant here today on behalf of the applicants Mr. Dave Slawson, Mr. Joe Handley for Athens Blvd, L.L.C. to request your approval of this subdivision variance to Section 4.4(b) of the Subdivision Ordinance. This is the property in question that you see here, about a 4 — 4'/z-acre parcel of property along Athens Boulevard. As you just heard Mr. Bourdon say this part of Sunny Circle will be closed off as a result of us installing the new Athens Boulevard Extended. And the purpose of that is that as you just heard is number one, it would have took all these non -conforming lots in here and it would have compounded their non- conformity because they would have now been through lots. They would have a street in front of them and a street in back of them, which would have put front yard setbacks on both sides of them on lots that are already non -conforming pieces of property. So, it would have made them much more non -conforming than they are now. But as a result of closing off that section of Sunny Circle and running this new Athens Boulevard back here you take these two existing lots back here on the back of Sunny Circle with houses that are already under construction as you heard Mr. Bourdon say about Mr. Gregor and you make them non -conforming also because they now are front and front lots. They have no rear yard setback anymore. They have the front yard setback in the front and a front yard setback in the back and the two houses are already under construction. So, the ordinance says that all new created lots or any residuals there of, have to meet the subdivision ordinance. When this new Athens Boulevard is put in those two lots will not meet that requirement and that is why we are here in front of you today. The remaining portion of all this property will be developed in conjunction with the R7.5 zoning category. Lot size, lot width all of that. Athens Boulevard, the existing portion of Athens Boulevard, the developers will be required to widen to the current city standards as well as the new portion of Athens Boulevard and the cul-de-sac that they are putting in will be put into city standards also. Mr. Ripley, I think your question that you asked Mr. Bourdon is probably going to come up again now and it's probably more applicable to this Item #20 Athens Blvd, L.L.C. Page 2 application here because these are the people back long here that are looking for that relief. Again, I met with Mrs. Prochilo and she gave me a copy of a letter of concern that she got from some of the people in the civic league and I wish I could stand here and tell you that I'm in total agreement with them but I'm not going to say that because I'm not. And the reason is because the people back here want to require this developer to put up a solid wooden fencing and some screening. The problem with that is all your screening is residential development from residential development. That's not required by the zoning ordinance. With regard to the trees, anytime you undertake a project of the magnitude of this when you got to widen this street, put in this new street, put in your water lines, sewer lines, gas lines, all of the grating that has to take place to make sure under detailed site plan review that you have positive drainage on this piece of property, there are going to be a tremendous number of trees on this parcel that are going to be lost as a result of that construction. So, how do you go about and how do you craft a condition that says that to the greatest extent practicable any trees that are not inside the building footprint that don't have to be removed will not be taken down. How do you go about enforcing that? That is the question I have. Who would go about enforcing that? Anyone who lives in the Chesapeake Bay Area ordinance in the City of Virginia Beach right now has a state mandated law that says, you will not cut down any tree that's bigger than six inches in diameter, 48 inches above the ground. That's part of the law. But on a piece of property like this I don't know how you would go about doing that? Who would be the enforcement for that and how you would go about crafting it. Ronald Ripley: I would look towards Mr. Scott's office to look at that. Billy Garrington: Okay. Ronald Ripley: I would look to him because I don't disagree. Anytime you do development of this size there is going to be grating and there are going to be trees removed but also there are techniques of getting the drainage up to the road versus taking soils around the back and I think Mr. Scott's office would take a look at that and make decisions on whether or not the drainage can be moved from point "A" to point `B" this way or that way and what trees can be preserved. Now I think they do a good job of that so, that is who I would look too. Billy Garrington: Then you have a situation to where you have R7.5 lots here that have no requirements that say they have to maintain trees or have to have any trees and then you have R7.5 lots over here that you're trying to maintain or craft an ordinance that says you will leave as many trees as practicable. It almost gets into unfair situation to where it is all in the same zoning category but you have a different set of resections. Ronald Ripley: We had the same exact situation come before us and I believe City Council dealt with it last night on Harris Road. Was it Harris Road? And the developer just said he would for a what ever it was, 40 feet but these were larger lots, that he would preserve the trees in that area. And that is all he said. It was real simple. That's what I'm suggesting here, within the rear yard setback. I'm not suggesting you put a fence up Item #20 Athens Blvd, L.L.C. Page 3 but I'm suggesting that in the rear year setback that you preserve the trees and Mr. Scott be the administrator of how that, based on what your engineer says, what trees get saved and don't get saved. Billy Garrington: I have no problem agreeing with that. I will tell you that we will so do that. But I just want to point out that as time goes on and these houses changes hands one time, two times or three times, when someone else moves into it how do you get the information out. Some people don't like trees. It's just as simple as that. Some people love a wooded lot. Some people say, I'm not going to go out there and rake leaves and I don't want them. I'm just telling you, that is where the rub comes in. There were some other conditions also. They wanted us to proffer that we would not build any three-story houses on this property. Again, we have a 35-foot height restriction that we have to build within the City of Virginia Beach. To take these new 15 lots and say that you can't put a three story house here, knowing full well that the lots that back up to them can be redeveloped in the three-story height restriction or 35 feet with a three story house, again, puts them at an unfair disadvantage when it's being developed in R7.5 mode. The City says you can build 35 feet if it's one story, two stories or three stories sand that is what we would adhere too. Ronald Ripley: My concern is not the height. My concern is compatibility between the existing houses to the rear and these that you're proposing. That is all. Billy Garrington: With regard to the vegetation, I have no problem in saying that in that 20 foot rear yard setback to the greatest extent practicable under development plans that the mature vegetation in there will be maintained to the greatest extent that can be done. I have no problem with that. Ronald Ripley: Would that satisfy you Bob? Robert Scott: I really do agree with one thing Mr. Garrington says. To my surprise there are a lot of people that just don't like trees. They don't share what I would do but if I was there because I do like trees. I think that anytime you get involved in a situation where you got to require a piece of property to drain, I think maybe we could do something like having to submit at the time of the development of a tree protection plan, which would be compatible with the draining. Some of the trees are going to have to come out. There is no question about that. I think when the context of the tree protection plan you can come up with a scheme for identifying and protecting those trees that are appropriate and possible to maintain. In a way, it will work for everybody. Ronald Ripley: Okay. Billy Garrington: I guess that's the first time Mr. Scott has ever agreed with me. Dorothy Wood: I doubt that Mr. Garrington. Item #20 Athens Blvd, L.L.C. Page 4 Billy Garrington: Other than that there was one condition that the staff put upon it and that was it would be developed in strict adherence to the plan that we got. We are in total agreement with that condition. Dorothy Wood: Are there any other questions for Mr. Garrington? Thank you sir. Billy Garrington: Thank you very much. Eddie Bourdon: Again, Eddie Bourdon. I'm not representing the applicant but I'm speaking on behalf of Mr. Gregor, who owns the two houses that are under construction on Sunny Circle, which I understand is the absolute reason that this is before you, because everything else that Mr. Garrington's clients are doing complies with the zoning ordinance in the zoning category of the property is currently under. So, he has absolute no objection to what is being proposed. I really think he is the only parry at interest in terms of this application, which is a very unusual application. I frankly don't think I've seen one like it in the past. It clearly is a better way to develop the property. They didn't have any work with my clients to come up this, which I think, is a betterment for the entire area. Dorothy Wood: Thanks Eddie. Are there any questions of him? Would you please call the speakers? Joseph Strange: Speaking in opposition we have Patricia Winter. Dorothy Wood: Welcome Ms. Winter. Patricia Costello: Good afternoon. Mrs. Winters didn't want to speak today. We came as a group. I'm Patricia Costello. Dorothy Wood: Okay, I think we have your card. Joseph Strange: So, you're going to represent the group? You have three people here? Patricia Costello: Actually, we thought we would divide it up just between the two of us, me and my husband, if that is okay with you? Joseph Strange: Fine. Patricia Costello: Okay. Madame Chairperson and Planning Commission members, I'm Patricia Costello. I live at 4909 Bradpointe Lane. The property we are speaking about today is current 4'/2 acres of woods in Chesapeake Beach adjacent to our street Bradpointe Lane. Twenty-two residents of Bradpointe Lane met on last Thursday night and decided as a group that we would use a petition to voice our concerns about the proposed subdivision. I think the residents of our street are pragmatic, reasonable people. Our primary concern was the loss of the greenbelt of trees behind our.homes. Those Item #20 Athens Blvd, L.L.C. Page 5 woods have been there since our subdivision was put in. Our subdivision was not put in as an organized group. It was individual builders. The man who owned the woods told the people who bought the homes at the time, including my husband that he would not ever sell. So, when they made an individual attempts to buy land to save the woods and gain some privacy they were put off by his right to keep the land for himself. So, now we're faced with losing the whole belt of trees. And, we consider that a great loss for Chesapeake Beach. Our primary concern is the loss of the greenbelt of trees behind our homes. These woods have served as a privacy screen and a sound barrier. That is why the first item on our petition is that the Planning Commission not to waive the open space requirement as defined in Section 4.5 of Appendix B of the City Code. We believe, that the open space is needed by the residents of the proposed subdivision, as well as, the residents of Bradpointe Lane and Chesapeake Beach is becoming crowded and we feel like this City Code requirement is relevant to preserving useful space for residents and their children. The second item of the petition is our request that the developer create a plan to address the loss of the greenbelt, specifically the majority of the homeowners on Bradpointe Lane believe that an 8 foot fence would in some way help replace the privacy that we're using. We realize that is not a perfect solution and we couldn't come up with a perfect solution. Ed Weeden: Ms. Costello, you're just about out of time. Patricia Costello: Okay. That's basically it. I did bring the petition. We have 72 signatures and we've just begun. Dorothy Wood: Thank you. Are there any questions for Ms. Costello? Patricia Costello: Whom should I leave this with? Dorothy Wood: Thank you. Joseph Strange: The next speaker is Robert Costello. Dorothy Wood: Welcome Mr. Costello. Robert Costello: Thank you ma'am. Good afternoon Madame Chairperson and Commission members. I want to thank you for the opportunity to be able to express my opinion. Dorothy Wood: Would you please introduce yourself? Robert Costello: Oh yes. Robert Costello, a homeowner on Bradpointe Lane. Dorothy Wood: Thank you. Robert Costello: I want to thank you for the opportunity to express my concerns about Item #20 Athens Blvd, L.L.C. Page 6 the development as a homeowner there in the area. I want to thank you and the other City Council members also for the efforts that you've gone through to protect the value, the aesthetic quality and the character of neighborhoods in the City. It's these concerns that we have in mind as we go forward working with the developer to see if that we have those same things preserved in our neighborhood. I know that one of the Council members has addressed the drainage issue. For the 17 years that I've owned by house, I know that I, and neighbors on Bradpointe Lane have had constant problems after thunderstorms with standing water in our backyards. We're hoping that as this is developed that we have drainage on these new homes going off to wherever the new street is going to be. Again, not running down the backsides of the houses coming right back into our backyards where we already have a problem. Maintaining the aesthetic quality, zoning has gone along ways to address that so we can only hope that the development again tries to preserve that same character that we've had on that beach for the many years that I've lived there and for other neighbors have lived there even longer. Traffic has been addressed with the widening of Athens Boulevard. We're concerned that with Sunny Circle being developed with a new street going in, with Athens being further developed, Athens Boulevard is being widened to accommodate the traffic but there is no other concerns being addressed with regards to traffic. All the traffic from those streets funnel out into Beaufort, perpendicular to them and then Lake Street is the venue from there to get to Pleasure House Road. Our street neighboring them, Bradpointe Lane also funnels into Beaufort through Lake Street to get to Pleasure House Road. There is no plan for doing anything to improve the traffic there at Lake Street where all this new traffic with already the current traffic funneling through there. Lake is such a narrow street that one side has got a no parking restriction through the whole length of it. I don't know what the solution is but I would hope that someone could look at something to address the concern of making something happen there with Lake Street to allow traffic flow from all this new development to go better and to keep from backing up further down to the other streets nearby. Thank you ma'am. Dorothy Wood: Are there any questions for Mr. Costello? Robert Miller: Yes, I do. Dorothy Wood: Would you please answer Mr. Miller's question? Robert Costello: Yes. Robert Miller: Mr. Costello, your wife mentioned and I'm sure you all have discussed this something about open space. I was going to try and catch that when she up here but if I could ask you it would be helpful. I understood the idea of at least the suggestion of the fence and perhaps the buffering of retaining some of the existing trees in the back and the setback. Were you all thinking in terms of this entire property? What were you thinking? Item #20 Athens Blvd, L.L.C. Page 7 Robert Costello: Well, I don't know if we had something specific in mind. With regard to the individual lots, the greenbelt, the preservation on the back lot, I think would go along ways to what we were looking for. Again, looking at the subdivision plans, I don't think there was any plan to set aside a piece of that group as a whole, as a subdivision to have a common green area. I think what we were hoping for was that within the individual lots, again, we would have that preservation of green space that's there as much as possible. I know zoning requires a minimum percentage of that and we would hope that we would have the older woods look retained as much as possible. Robert Miller: Okay. Thank you. Dorothy Wood: Are there any other questions? Would anyone like to sponsor Ms. Costello? She raised her hand? Robert Miller: Sure, I will. Dorothy Wood: You can come back up. Mr. Miller will sponsor you. Patricia Costello: About our ideas of the open space is that we just knew that was part of the City Code. We haven't really come up with a specific recommendation but we were opening to working something out with the developer whether it was sacrificing one lot for neighborhood use or making some of the lots that are very large smaller and have that be the open space. We really would like to keep an open mind. So, we just wanted to bring that to your attention that we thought that was an avenue to try to address our concerns. Robert Miller: Thank you. Dorothy Wood: Thank you. Is there anyone else? Joseph Strange: No one else. Dorothy Wood: Discussion? Robert Miller: Why don't we give Billy back up? Billy Garrington: I'll just point out a couple of brief things. Number one, again, this isn't a rezoning so when it comes to all of the offsite traffic, it certainly isn't anything that's in the purview of my client. That's going to fall under the shoulders of the City itself because, again, we're developing this property according to the way it is currently zoned, which is R7.5, but where the request about the open space promotion came and let me just touch up on drainage quickly also. Mr. Miller, as you know because your firm does these plans every day, this subdivision will go through a very, very tough plan review when it gets to DSC and one of the things they're going to be looking at is positive lot drainage, BMPs and things like that. So, this is not going to exaggerate any Item #20 Athens Blvd, L.L.C. Page 8 drainage problems that are out there anymore or make them any worse. As a matter of fact they probably could easily say it will improve the drainage out there. But with regard to the open space we have applied to Mr. Scott's office for a waiver of the open space requirements on this. Mr. Scott correct me if I'm wrong, I think Parks & Recreation has agreed to it because the small size of this subdivision, which is 4.5 acres and that under your open space requirements you would be required to set 10 percent of that aside for open space. Anything under half acre they allow you to request an waiver. We requested a waiver to that which has been conditionally granted so far. But they just don't give you a waiver to the open space. They require the developer to pay into a fund based upon the size of the part that he would have to have set aside and that money then goes to the City to use buy bigger parks, bigger pieces of property in that area that can be used for true open space promotions. To put a fourth tenths of an acre park site in this subdivision probably wouldn't even have satisfied the 15 houses that are going to be here. But by taking that money that he is required to pay into that Mr. Gregor was required to pay into and other ones in coming up with a bigger pot of money, you can then go after the bigger piece of property in that area that can be better used for open space promotion and he will be required to pay into that. That was the waiver that the developer had submitted asking that the open space requirement on this subdivision be set aside because it was met with the guidelines that the City set for you can request a waiver. Robert Miller: Thanks. Dorothy Wood: Are there any other questions? Is there any discussion? Jan? Janice Anderson: Thank you. I think the plan that they have developed is very reasonable. I don't have any major concerns with the development as they have depicted on the plat. As they have presented and that the only reason why they're here is because those two other lots and once the street gets in that's not even part of the development turn it into three lots, they're the ones that are affected. And actually, the owner of those lots is not here to complain and evidently has by representative said they are in agreement with it. It will put their landscaping up to buffer those two lots that are affected from the street. The concerns of the neighbors and they are legitimate concerns and I can understand it. They have been very fortunate to have a beautiful greenbelt behind them for years. But the owner of the property now has decided to develop it and he has a definite right to develop that property. So, I'm sure that it would miss it but I don't believe it's the duty of the owner of that property to provide that greenbelt for them that they have been enjoyed. He is developing the property under the R7.5 residential and what it is zoned. In his development, he's submitting all the facts and requirements. I understand that the neighbors are probably upset because they didn't think it would ever sell, well something always sells. It's always for sale. It will sell down the road. I'm sorry that they depended on that. With regard to a fence or a requirement for landscaping, I kind of have a problem requiring the developer to do something since it does back up to residential. It's nothing to say that their backyards are not going to be any more pleasing than the neighbor's backyards. I think it backs up to residential — Item #20 Athens Blvd, L.L.C. Page 9 residential and I think it would actually take away if you had to put a big fence. It would be like a commercial requirement or to keep vegetation. Some people and as everybody has mentioned today they do not like trees. I know my parents tore down 28 trees after the hurricane out of their yard. They were scared of them. They were older and they didn't want to mess with the trees. So some people don't like trees. I think the suggestion of maybe a tree protection in the planning review and if that was directed in that way during the site review, it would look at protecting some of the trees but not a full-blown requirement. I think that would also take care as they had mentioned the drainage problem but I for one am supportive of the application as submitted. Dorothy Wood: Thank you Jan. Bob? Robert Miller: All this discussion has been really important. The only things that were really concerned with are the setback variances for the houses that are on those two lots, 37A and 39A. I agree with what Jan just said and I certainly agree with Mr. Garrington answers as to how the developer will do what he wants to do or she wants to do on the rest of the property. Basically, the only thing we have to vote on today is that variance request for the subdivision for those two houses. And, I don't see anything else that the other pieces to this are part of the DSC process that will be part of and they could have been done if these two lots were not affected they would have been done without us even seeing this so the only thing that we're voting on today are those two lots. I'll make a motion that we approve the variance as requested. Dorothy Wood: Thank you. Mr. Ripley? Ronald Ripley: I'll second it. I agree with the application also. I think Mr. Garrington has indicated on the record that he would do his best to preserve the trees on behalf of the neighbors. I think with that I think we could vote in favor. Dorothy Wood: Is there any other discussion? AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSO ABSENT] ABSENT Item #20 Athens Blvd, L.L.C. Page 10 Ed Weeden: By a vote of 10-0 the motion carries. Dorothy Wood: Thank you very much. Thank you Mr. Scott, Ed, Stephen, Karen, Carolyn, Faith, Barbara, and Mr. Macali. Thank you all very much. William Macali: Thank you. Dorothy Wood: This meeting is adjourned. -� zD - P}-iF elz I3 WO PETITION WE, the undersigned residents of Chesapeake Beach, hereby petition the Virginia Beach Planning Commission and City Council to help us preserve and protect the overall character, economic value, stability and aesthetic quality of the neighborhood surrounding Athens Boulevard Unless great care and effort are taken by the subdivision developer, the loss of 4.5 acres of natural woods in developing the proposed subdivision will adversely affect the character of the neighborhood. The elimination of this greenbelt of trees will cause a significant loss to the residents of the surrounding neighborhood: loss of privacy, loss of sound insulation, loss of natural shade, loss of a barrier to foot traffic, and loss of drainage. We respectfully request the following in regard to the application from ATHENS BLVD., LLC (#E02-211-SVR-2004): 1. Do not waive the open space requirements for this subdivision as defined in Section 4.5 of Appendix B of the City Code. Do not waive any setback requirements for Lots 1 to 15. 2. Require that the developer create a plan to address the loss of the greenbelt and submit it for feedback from the community. We request an 8-foot fence along the back lot lines of Bradpointe Lane homes adjacent to the new subdivision. In addition, we request that a natural sound barrier be planted along the back lot lines of Bradpowe Lane homes adjacent to the new subdivision. 3. Require that the developer prepare a realistic plan to address the drainage problems created by the proposed subdivision. We are concerned that the existing drainage problems experienced by the homeowners on Bradpointe Lane will be exacerbated by adding homes on the proposed adjacent lots. 4. Require that the developer conform to the existing character of the neighborhood in the architectural style of the proposed homes. We are particularly against 3-story homes being built on Lots 1 to 15. 5. Address the traffic problems this new subdivision will create. For example, Lake Street (the feeder road from Pleasure House Road to Athens Boulevard) cannot handle the traffic increase from the proposed subdivision. Date Name (PRINT & Signature) Address Phone/e-mail (optional) mY IMAM) 0 0 wJ N- 75-2- ,2s6o- -I- I'tst6-i Ah6U.Srit-(E-C/1'RNRoh „ , 1, r, 009 Ar M --_151--- 3U3_01to_ 'e 7S173(03 DZ-1w Return signed petitions to: Robert Costello, 4909 Bradpointe Lane, Virginia Beach, VA 23455 j p ct5 o f (<a jgflo -;Y-10 - A�Tkte BWD PETITION WE, the undersigned residents of Chesapeake Beach, hereby petition the Virginia Beach Planning Commission and City Council to help us preserve and protect the overall character, economic value, stability and aesthetic quality of the neighborhood surrounding Athens Boulevard. Unless great care and effort are taken by the subdivision developer, the loss of 4.5 acres of natural woods in developing the proposed subdivision will adversely affect the character of the neighborhood. The elimination of this greenbelt of trees will cause a significant loss to the residents of the surrounding neighborhood: loss of privacy, loss of sound insulation, toss of natural shade, loss of a barrier to foot traffic, and loss of drainage. We respectfully request the following in regard to the application from ATHENS BLVD., LLC (#E02-211-SVR-2004): 1. Do not waive the open space requirements for this subdivision as defined in Section 4.5 of Appendix B of the City Code. Do not waive any setback requirements for Lots 1 to 15. 2. Require that the developer create a plan to address the loss of the greenbelt and submit it for feedback from the community. We request an 8-foot fence along the back lot lines of Bradpointe Lane homes adjacent to the new subdivision. In addition, we request that a natural sound barrier be planted along the back lot lines of Bradpoime Lane homes adjacent to the new subdivision. 3. Require that the developer prepare a realistic plan to address the drainage problems created by the proposed subdivision. We are concerned that the existing drainage problems experienced by the homeowners on Bradpmnte Lane will be exacerbated by adding homes on the proposed adjacent lots. 4. Require that the developer conform to the existing character of the neighborhood in the architectural style of the proposed homes. We are particularly against 3-story homes being built on Lots 1 to 15. 5. Address the tmffrc problems this new subdivision will create. For example, Lake Street (the feeder road from Pleasure House Road to Athens Boulevard) cannot handle the traffic increase from the proposed subdivision. Date Name (PRINT & Signature) Address Phone/e-mail (optional) — c— -- _6—�-0� - (o_ �_ 5a61 LQuC✓Pt r1a�F-'��---`16 =,2_=5_" n. /-7 Kn Ljin (/._ -� 04 &�Morti 4;Q Aranir,, f Al-k (J i 4r) _/ G V 7120 Return signed petitions to: Robert Costello, 4909 Bradpoime Lane, Virginia Beach, VA 23455� z d 1 as CIO * 1P- A-Ctte►.Is 3w0 I PETITION WE, the undersigned residents of Chesapeake Beach, hereby petition the Virginia Beach Planning Commission and City Council to help us preserve and protect the overall character, economic value, stability and aesthetic quality of the neighborhood surrounding Athens Boulevard Unless great care and effort are taken by the subdivision developer, the loss of 4.5 acres of natural woods in developing the proposed subdivision will adversely affect the character of the neighborhood. The elimination of this greenbelt of trees will cause a significant loss to the residents of the surrounding neighborhood: loss of privacy, loss of sound insulation, loss of natural shade, loss of a barrier to foot traffic, and loss of drainage. We respectfiilly request the following in regard to the application from ATHENS BLVD., LLC (#E02-211-SVR-2004): 1. Do not waive the open space requirements for this subdivision as defined in Section 4.3 of Appendix B of the City Code. Do not waive any setback requirements for Lots 1 to 15. 2. Require that the developer create a plan to address the loss of the greenbelt and submit it for feedback from the community. We request an 8-foot fence along the back lot lines of Bradpointe Lane homes adjacent to the new subdivision. In addition, we request that a natural sound barrier be planted along the back lot lines of Bradpomte Lane homes adjacent to the new subdivision. 3. Require that the developer prepare a realistic plan to address the drainage problems created by the proposed subdivision. We are concemed that the existing drainage problems experienced by the homeowners on Bradpointe Lane will be exacerbated by adding homes on the proposed adjacent lots. 4. Require that the developer conform to the existing character of the neighborhood in the architectural style of the proposed homes. We are particularly against 3-story homes being built on Lots I to 15. 5. Address the traffic problems this new subdivision will create. For example, Lake Street (the feeder road from Pleasure House Road to Athens Bout ) cannot handle the traffic increase from the proposed subdivision. Date & S� mature) w Address Phonele-mail (optional) `t+��-------------- —------- -------- ----------- ------------------- ___ Ile � ' j�al_�. u _ ct cq aG✓—_ - -- -- --- --- — -----------i--- --- n �asftl�T1/V�l�_'�a "&D Yc - �-d_L_ ��i.�raC.+�w tP� ,�_`/_t � � ��t�`-__ 1�.�' ,�.^�',�°•`O''L. V�� 25y� �6 / 3�'�-- —_ - ---- •� —— -------------- .. r -� � r 5-oy__r--a�oy Qom_ V8,3�O�3 --- - - n- - -- --- - ----------- ---- an signed petitions to: Robert Costello, 4909 Bradpointe Lane, Virginia Beach, VA 23455 7 "�& 3 4 -�:;- as C-F o b (-1 #Iri -- A-C� 'U , 13C,`0 PETITION WE, the undersigned residents of Chesapeake Beach, hereby petition the Virginia Beach Planning Commission and City Council to help us preserve and protect the overall character, economic value, stability and aesthetic quality of the neighborhood surrounding Athens Boulevard. Unless great care and effort are taken by the subdivision developer, the loss of 4.5 acres of natural woods in developing the proposed subdivision will adversely affect the character of the neighborhood. The elimination of this greenbelt of trees will cause a significant loss to the residents of the surrounding neighborhood: loss of privacy, loss of sound insulation, loss of natural shade, loss of a barrier to foot traffic, and loss of drainage. We respectfully request the following in regard to the application from ATHENS BLVD., LLC (#E02-211-SVR-2004): 1. Do not waive the open space requirements for this subdivision as defined in Section 4.5 of Appendix B of the City Code. Do not waive any setback requirements for Lots I to 15. 2. Require that the developer create a plan to address the loss of the greenbelt and submit it for feedback from the community. We request an 8-foot fence along the back lot lines of Bradpointe Lane homes adjacent to the new subdivision. In addition, we request that a natural sound barrier be planted along the back lot lines of Bradpointe Lane homes adjacent to the new subdivision. 3. Require that the developer prepare a realistic plan to address the drainage problems created by the proposed subdivision. We are concerned that the existing drainage problems experienced by the homeowners on Bradpointe Lane will be exacerbated by adding homes on the proposed adjacent lots. 4. Require that the developer conform to the existing character of the neighborhood in the architectural style of the proposed homes. We are particularly against 3-stoty homes being built on Lots 1 to 15. 5. Address the traffic problems this new subdivision will create. For example, Lake Street (the feeder road from Pleasure House Road to Athens Boulevard) cannot handle the traffic increase from the proposed subdivision, Date Name (PRINT & Signature) Address Phonele-mail (optional) S:TN/hnL4..4m�.siZ , - (,I 00 Am4 6 Co i4-k :- 4"e IQfL ✓, (L 77 zslw l : (' 9V3 � q-,5z Retum signed petitions to: Robert Costello, 4909 Bradpointe Lane, Virginia Beach, VA 23455 0 / / *i-2 o , AT}{k?OS �3LL'Y) PETITION WE, the undersigned residents of Chesapeake Beach, hereby petition the Virginia Beach Planting Commission and City Council to help us preserve and protect the overall character, economic value, stability and aesthetic quality of the neighborhood surrounding Athens Boulevard. Unless great care and effort are taken by the subdivision developer, the loss of 4.5 acres of natural woods in developing the proposed subdivision will adversely affect the character of the neighborhood. The elimination of this greenbelt of trees will cause a significant loss to the residents of the surrounding neighborhood: loss of privacy, loss of sound insulation, loss of natural shade, loss of a barrier to foot traffic, and loss of drainage. We respectfully request the following in regard to the application from ATHENS BLVD., LLC (#E02-211-SVR-2004): 1. Do not waive the open space requirements for this subdivision as defined in Section 4.5 of Appendix B of the City Code. Do not waive any setback requirements for Lots 1 to 15. 2. Require that the developer create a plan to address the loss of the greenbelt and submit it for feedback from the community. We request an 8-foot fence along the back lot lines of Bradpointe Lane homes adjacent to the new subdivision. In addition, we request that a natural sound banner be planted along the back lot lines of Bradpomte Lane homes adjacent to the new subdivision. 3. Require that the developer prepare a realistic plan to address the drainage problems created by the proposed subdivision. We are concerned that the existing drainage problems experienced by the homeowners on Bradpoime Lane will be exacerbated by adding homes on the proposed adjacent lots. 4. Require that the developer conform to the existing character of the neighborhood in the architectural style of the proposed homes. We are particularly against 3-story homes being built on Lots 1 to 15. 5. Address the traffic problems this new subdivision will create. For example, Lake Street (the feeder road from Pleasure House Road to Athens Boulevard) cannot handle the traffic increase from the proposed subdivision. Date Name (PRINT & Signature) Address Phone/e-mail (optional) Return signed petitions to: Robert Costello, 4909 Bradpointe Lane, Virginia Beach, VA 23455 7.20 'St, s- W 619/oy Karen Prochilo - FW: Proposed subdivision on Athens Blvd From: <Bruce@ameinc.biz>(,` ro: <kprochil@vbgov.com> Date: 6/4/2004 1:55 PM Subject: FW: Proposed subdivision on Athens Blvd Karen, After reading this,if you have questions please give me a call Bruce Johnson -----Original Message ----- From: Robert @ Patricia Costello [mailto:costelloroCdcox.netl Sent: Friday, June 04, 2004 12:56 PM To: Kathy Damon (E-mail); Pat Barrier (E-mail); Steve Kohler (E-mail); Boyd Layton (E-mail 2); Boyd Layton (E-mail); Bruce Johnson; Daphne Atkins (E-mail); Darryl Stubbs (E-mail 2); Darryl Stubbs (E-mail); Debi Layton (E-mail); Kevin Oliver (E-mail 2); Kevin Oliver (E-mail); Mark Walker (E-mail); Michele Zimmerman (E-mail 2); Michele Zimmerman (E-mail); Norma Uphoff (E-flail); Patti Robertson (E-mail 2); Patti Robertson (E-mail); Ron Segerblom (E-mail); Steve Newc hok (E-mail); Stuart Smokier (E-mail 2); Stuart Smokier (E-mail); Tom and Cheryl Harriman (E-mail 2); Tom and Cheryl Harriman (E-mail 3); Tom and Cheryl Harriman (E-mail) Subject: Proposed subdivision on Athens Blvd Most of the residents of Bradpointe Lane met last night to discuss the proposed subdivision on Athens Blvd. I want to thank Bruce Johnson for attending the meeting, reviewing and describing the developer's plans with the group, and answering many questions. I'd also like to thank Steve Kohler and Heidi Janicki for attending and giving their input and dvice for dealing with this issue. As a group, we decided that we want to collect signatures on a petition (see below). It seems kind of long and wordy (my fault), but we had many concerns expressed at the meeting last night. I'm hoping that some people will give more detailed opinions to the City council and Planning Commission in their own letters and emails. However, I want to use the petition to cover as much as possible in case people don't send in letters. Most of all, residents would like to preserve some trees and some privacy, but the group last night did not seem opposed in principle to the project as whole. As a group, we feel that if we lose the woods, we are losing the main thing that brought us to this street and this neighborhood, and we would like to salvage something if possible. But I think people understand that there is a great demand for nice single-family homes here. We will be walking the neighborhood on Saturday morning (and Sunday probably) to collect signatures. Please call me if you would like to volunteer to collect signatures on your street. Bob and I will attend the Planning Commission meeting on Wednesday, June 9th at Noon. We will bring the petition with us. Sincerely, Pat Costello 227-6728 1 05/08/87 r¢ S i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: APC Realty & Equipment Co., L.L.C. (DBA Sprint PCS) — Conditional Use Permit (communication tower) MEETING DATE: July 13, 2004 ■ Background: An Ordinance upon Application of APC Realty & Equipment Co., L.L.C. (dba Sprint PCS) for a Conditional Use Permit for a communication tower on property located at 855 Schumann Drive (GPIN 24250052430000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant desires to locate a wireless communication antenna array on an existing light pole at the Ocean Lakes High School football stadium. The proposal meets the location criteria in the City Zoning Ordinance by locating the antennas on the existing light pole rather than erecting a new tower. This light pole extension design has been used at numerous other high school fields around the City and has proved to be of mutual benefit with no negative impacts. This light pole extension is proposed at 150 feet in height, approximately 50 feet above the existing light pole. This tower will be designed to accommodate three users. The required structural report and RF emission report have been submitted with this application. The equipment will be placed under the bleachers within a secure fenced and gated area. The Virginia Beach School Board has approved this location and design. The Planning Commission placed this item on the consent agenda because it is an appropriate use for this site. Staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The tower site must be developed in substantial conformance with the site plan entitled "Ocean Lakes High School N076XC813A" prepared by Entrex Communications Services, Inc. and dated March 28, 2004, and on APC Realty (Shumann Drive) Page 2 of 2 file with the Department of Planning 2. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 3. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 4. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting towers and related equipment. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/A enc�y: Planning Department City Manager: �L ` , ll y U0' Cam; M 11-211-CUP-2004 TY AND EQUIPMENT CO., LLC Agenda Item # 8 June 9, 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: LOCATION GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: Conditional Use Permit for communications tower Property located at 855 Schumann Drive 24250052430000 7 - PRINCESS ANNE 49.6 acres 2- 1 1G4 APC REALTY (Schumann Dr.) Agenda Item# 8 Pagel EXISTING LAND USE: Ocean Lakes High School SURROUNDING North: • Single-family Dwellings / R-5D with PD-H2 Overlay LAND USE AND South: • HRSD Treatment Plant / AG-1 Agricultural District ZONING: East: • HRSD Treatment Plant / AG-1 Agricultural District West: • Single-family Dwellings / R-5D with PD-H2 Overlay NATURAL RESOURCE AND CULTURAL The site is developed with a high school and associated parking and FEATURES: athletic fields. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Site Plan / Conformance with Section 232 The applicant has met the location criteria in the City Zoning Ordinance by locating the tower on an existing light pole at the football stadium. This light pole extension design has been used at numerous other high school fields around the City and has proved to be of mutual benefit with no negative impacts. This light pole extension is proposed at 150 feet in height, approximately 50 feet above the existing light pole. This tower will be designed to accommodate three users. The required structural report and RF emission report have been submitted with this application. The equipment will be placed under the bleachers within a secure fenced and gated area. The Virginia Beach School Board has approved this location and design. APC REALTY (Schumann Dr.) Agenda Item #-8 Page 2 S Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. Compatibility of the proposed use with surrounding uses Provision of opportunities for co -location Comprehensive Plan The Comprehensive Plan designates this area as a 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. Staffs 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 as follows: APC REALTY (Schumann Dr.) Agenda Item # 8 Page 3 (1) The proposed tower will replace an existing 95-foot tall light pole with a 150 foot tall monopole structure, thus meeting the location criteria of placing the tower near other tall structures. (2) The proposed tower will be constructed to accommodate three users. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. The tower site must be developed in substantial conformance with the site plan entitled "Ocean Lakes High School N076XC813A" prepared by Entrex Communications Services, Inc. and dated March 28, 2004, and on file with the Department of Planning 2. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 3. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 4. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting towers and related equipment. 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 Citv Codes. Conditional use hermits must be APC REALTY (Schumann Dr.) Agenda Item# 8 Page activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. APC REALTY (Schumann Dr.) Agenda Item # 8 Page 5 1, Supplemental Information Zoning History # I DATE I REQUEST I AL I IUN 1 05/08/87 REZONING FROM R-8 TO PDH2 (R-8) GRANTED APC REALTY (Schumann;Dr.) Agenda Item # 8 Page 6 No comments No comments Public Agency Comments Public Works Public Utilities 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 strateqies as they pertain to this site. _ Fire and Rescue: No comments APC REALTY (Schumann Dr.) Agenda Item # 8 Page 7 - I� _. ' - F - �y4Y" Y S "� key - {� KS � :.rvM. $F < M e �.. ... "7+n �. m �, � � W �. � >f � - '1 qY f Yy ^�4r3s`n3 ^� '�°,.w=E`sa,� ,. + Aid+.,` 1 s,i ... �'^�. �Y.' i'�. 1 _. �' s, ��-d$a�,� ` � `� �", � �, d �� � a� � r � - 1 r � ,. �Ye i.. �� i �{ 7� E �a`QJ x. 1 '�,, �Jl���r t — s�a� „. rt r': �' Q -� is �' t � � ��t r � re -,, �. Jo-: �;� � t v ^'CC �► �- � � � �� . ,�s'^-�. -,f F �'t � N� � � u i j. 1 x �- r �//� _ p `. W'n"r _ l � '�♦ '�'�a � ` '�+n�. � `�� : � �^ r�" '�k tier i �� j � 4� �® y,�� /� �tilrr �a d �..},yrw.r'V� frh'ryS�..:'!Ly 5 3✓ i . + i� �ti.n� v ) ". � ' t ��;i' �� ri R y'�RS C � (L w <� yr ,• .� 1 �� � � � � f+p 1 r �� �� � ��� � � /� M'2Rt _. J I. A. J IN __. \ .ya \Y j A � 0 Exhibit B Proposed Site Plan APC REALTY (Schumann, Dr.) Agenda Item # 8 Page 9 Exhibit C Proposed Tower Elevation GI i' � 5Cw.lrT EcST�. uw.: G"aC j i' I J 'i i iSSTti. �iEA^Ji2n —� iTikVS.D �zri t7JR4Q:: 41!E15 1 4£ �j1-4 vx cn:e�Nr OE'uLS \ \ APC REALTY (Schumann,Dr.) Agenda Item# 8 Page 10 NOIIVJrlddV IIWHRJ M WN0I1I9NO) W O J U y 1 t= _ c a a_ I ✓ R t, a 'J � N' Z C a TC m.3 I _Y V% �t'JiJ y p'Jk Gp ft'L J r J �S�G jU N G s ¢��O £{ (j w U aT L�mt rr=� Y •_+ R 2C'-z a 'sit 5 �Rg Y r nq m C � ani G t K _ C vaRri � 06 �C^ _C G e k E t o a' s E C I ky c -71 C G-y SN ap o i i 3 2°cm Y�c c" .t O Y 4 °> G� e9 i; m _ �= 88 s a k NOI�,�JlidA �rIN�I�d HSI IVNOIIIUN03 Exhibit D Disclosure Statement APC REALTY (Schumann Dr.) Agenda Item.#-8 Page,11 f� w 4 LA V} :lu > o3�yb��6Q c"�e�ux cby e�� Sbd&S4:ir e $ a°YYo3€ZZ ¢n. U 3 Y�O�S z4 Z ems Vili an%tl�u C�"p L=iNVP� L wtFW Yw.ip Y° YES LI'PPA A VxOVVM � v�.`.P `ir ilfs �<ep`io33ac��$ Y C pp {: j�vo OVUVmi wC16 D1 6�l'JfD4n U • x3 . >04 a �YS n u i�vrgy r�„»r. m bcNa. c>�E.s z 3iz�gz= C� 1�a �SV4 �Vta V"y Z!:S.^c s=n f 8 sot E �`u:'cg�axa HWSI�� 5gY`: a �iu^.N.waO�m< APC REALTY (Schumann Dr.) Agenda Item# 8 Page ;12 '� V N 6x� V ✓. i A Z � � -♦ V yOJ Gc a OF y o vos 8E 2ffi i a: ` T.b C °v rib 3,. £a'nea� ac n �m + V u9 `:ST c'os ;EZDO c'vuo o u ro i k 4 0' E e _w E c9 e m a' c of a s o v z 9� M.bv a W4 C a n V c'-i tl9S a 1 "=Y0t 'ate iS - osN �Y9 �iaLw Y' w!� YiYc Y9 rE of k t4 SE n A b • .!"SSLYB� �E a k� � .i �`• of "t''� � hY t � '4 1� APC REALTY (Schumann Dr.) Agenda Item # 8 Page;13 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) Real Estate Services - • Legal Services - • Architectural & Engineering - Services Construction Services - SBA Network Services, Inc., 312 East 18th Street Norfolk, VA 23517 757-274-0056 Leclair Ryan 999 Waterside Drive, Suite 515 Norfolk, Virginia 23510 757-624-1454 Clark Nexsen 6160 Kempsville Circle Suite 200A Norfolk, Virginia 23502 757-455-5800 Entrex 1575 1 Street, NW, Suite 350 Washington, DC 20005 202-408-0960 SBA Network Services, Inc., 312 East 18th Street Norfolk, VA 23517 757-274-0056 Dominion Technical Solutions, Inc. 120 Tredegar Street Richmond, Virginia 23219 757-393-3828 APC REALTY (Schumann Dr.) Agenda Item•# 8 Pase 14 Item #8 APC Realty & Equipment Co., L.L.C. d/b/a Sprint PCS Conditional Use Permit 855 Schumann Drive District 7 Princess Anne June 9, 2004 CONSENT William Din: The next item is Item #8 which is also APC Realty & Equipment Co., L.L.0 d/b/a Sprint PCS. This is again a Conditional Use Permit for another communications tower at 855 Schumann Drive in the Princess Anne District. Steve Romine: Steve Romine a local attorney on behalf of the applicant. The conditions are acceptable. William Din: Thank you Mr. Romine. Is there any opposition to this item being placed on consent? If not Jan, again. Janice Anderson: Thank you. This tower is going to be located at the football field at Ocean Lakes High School. One of the requirements was trying to set these towers or facilities where there are already high structures. And this application they are going to replace this pole where an existing light. They're going to add some light for the field on the tower and all the storage for the communication tower will be under the bleachers. So it will be hidden. We thought that was an appropriate use and placement and recommend approval. William Din: Thank you Jan. Ms. Wood, I would like to make a motion to approve Item #8, APC Realty & Equipment Co., L.L.C. d/b/a Sprint PCS with four conditions. Eugene Crabtree: I'll second it. Dorothy Wood: Thank you. With a motion by Mr. Din and seconded by Mr. Crabtree. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE ABSO ABSENTI ABSENT Item #8 APC Realty & Equipment Co., L.L.C. d/b/a Sprint PCS Page 2 WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0, the motion passes. CUP for Communication Tower #IDATE REQUEST IAL; IIUN 1 10/12/93 CONDITIONAL USE PERMIT (BINGO HALL) GRANTED 2 01/23/89 CONDITIONAL USE PERMIT (SHOOTING GRANTED RANGE) 3 04/22/85 REZONING FROM 1-1 TO B-2 GRANTED 04/22/85 CONDITIONAL USE PERMIT (BOWLING ALLEY) GRANTED s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: APC Realty & Equipment Co., L.L.C. (DBA Sprint Spectrum, L.P.) — Conditional Use Permit for a Communication Tower (collocation) MEETING DATE: July 13, 2004 ■ Background: An Ordinance upon Application of APC Realty & Equipment Co., L.L.C. (dba Sprint Spectrum, L.P.) for a Conditional Use Permit for a communication tower (collocation) on property located at 796 Newman Street (GPIN 149653778710000). DISTRICT 6 — BEACH ■ Considerations: The applicant desires to locate a wireless communication antenna array on an existing Dominion Virginia Power transmission tower. The proposal meets the location criteria in the City Zoning Ordinance by locating on this existing transmission tower. The communication tower will extend 7 feet above the existing transmission tower, at a height of 112 feet. The required structural report and RF emissions report have been submitted with this application. A small equipment building will be located to the west of the tower. There will be a wooden fence with a gate surrounding the building and equipment on the ground. The perimeter of the fenced area will be landscaped in accordance with ordinance requirements. The site plan also shows a gravel drive to be installed for access as well as a security gate at the entrance to the easement on Cherie Drive. The security gate at the entrance to the easement on Cherie Drive was proposed at the request of the property owner. The Department of Public Works has reviewed this request and has not approved the security gate or gravel drive within the drainage easement. A condition has been added to state that the gravel drive and security gate must be approved by the Department of Public Works during detailed site plan review or those items cannot be installed. The communication tower does not meet the required 200 foot setback from all residential structures. A variance from the Board or Zoning Appeals will be needed. The Planning Commission placed this item on the consent agenda because it is a collocation and is less intrusive than a new tower. Staff recommended approval. APC Realty (Newman Street) Page 2 of 3 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: A variance to the setback requirement of 200 feet from all residential structures shall be obtained from the Board of Zoning Appeals or this Conditional Use Permit is null and void. 2. The tower site must be developed in substantial conformance with the site plan entitled "Lynnhaven Co -Locate, 105' Dominion Virginia Power Tower" prepared by Clark Nexsen Architecture and Engineering and dated March 30, 2004, and on file with the Department of Planning 3. Approval of the gravel drive and gate within the 60 foot wide public drainage easement shall be obtained from the Department of Public Works, Stormwater Division during detailed site plan review or these improvements cannot be installed. 4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 5. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting towers and related equipment. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map APC Realty (Newman Street) Page 3 of 3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department All , r�� City Manager �"� 108-211-CUP-2004 LTY AND EQUIPMENT CO., LLC Agenda Item # 7 June 9, 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. REQUEST: LOCATION: GPIN COUNCIL ELECTION DISTRICT: SITE SIZE: ,��.77 ocation and General Information Conditional Use Permit for communications tower Property located at 796 Newman Street 14965378710000 6-BEACH 60,395 square feet r,�� w 1 •q Nl�C7. .Cw y APC REALTY -Newman St.) Agenda Item # 7 Page 1 EXISTING Single Family Dwelling with Dominion Virginia Power transmission LAND USE: line in the rear of the site SURROUNDING North: • Bowling Alley / B-2 Community Business District LAND USE AND South: • Single-family Dwellings / R-7.5 Residential District ZONING: East: • Single-family Dwellings / R-7.5 Residential District West: . Single-family Dwellings / R-7.5 Residential District NATURAL Along the rear of the property, there is a large Dominion Virginia RESOURCE Power transmission line as well as a 60 foot wide public drainage AND easement. When the neighborhood was developed, there was an CULTURAL open drainage ditch in the rear of the property. The ditch has since FEATURES: been piped and filled in by the Department of Public Works. The single-family residence on the site fronts on Newman Street. The rear yard of the residence is enclosed with a six-foot wooden privacy fence. AICUZ: The site is in an AICUZ of greater than 75dB Ldn and Accident Potential Zone II surrounding NAS Oceana. The proposed use is listed as compatible without restrictions in Table 3 of the Department of the Navy's AICUZ Program Procedures and Guidelines for the Department of the Navy Air Installations (OPNAV Instruction 11010.36B). Summary of Proposa Site Plan / Conformance with Section 232 The applicant has met the location criteria in the City Zoning Ordinance by locating the tower on an existing Dominion Virginia Power monopole transmission tower. The communication tower will extend 7 feet above the transmission tower, at a height of 112 feet. The required structural report and RF emissions report have been submitted with this application. A small equipment building will be located to the west of the tower. There will be a wooden fence with a gate surrounding the building and equipment on the ground. The perimeter of the fenced area will be landscaped in accordance with ordinance requirements. The site plan also shows a gravel drive to be installed for access as well as a security gate at the entrance to the easement on Cherie Drive. The APC REALTY (Newman St.) Agenda Item # 7 Page 2 security gate at the entrance to the easement on Cherie Drive was proposed at the request of the property owner. The Department of Public Works has reviewed this request and has not approved the security gate or gravel drive within the drainage easement. A condition has been added at the end of this report to state that the gravel drive and security gate must be approved by the Department of Public Works during detailed site plan review or those items cannot be installed. The communication tower does not meet the required 200 foot setback from all residential structures. A variance from the Board or Zoning Appeals will be needed. Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Compatibility with surrounding uses • Conformance with setbacks for communication towers Comprehensive Plan The Comprehensive Plan designates this area as a 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. APC REALTY.(Newman'St.) Agenda Item # 7 Page 3 Staff Evaluation Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposed tower is located on top of an existing Dominion Virginia Power transmission monopole and will only extend another 7 feet above the existing pole, for a total height of 112 feet. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. A variance to the setback requirement of 200 feet from all residential structures shall be obtained from the Board of Zoning Appeals or this Conditional Use Permit is null and void. 2. The tower site must be developed in substantial conformance with the site plan entitled "Lynnhaven Co -Locate, 105' Dominion Virginia Power Tower' prepared by Clark Nexsen Architecture and Engineering and dated March 30, 2004, and on file with the Department of Planning 3. Approval of the gravel drive and gate within the 60 foot wide public drainage easement shall be obtained from the Department of Public Works, Stormwater Division during detailed site plan review or these improvements cannot be installed. 4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 5. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be APC REALTY :(Newman ',St.) Agenda Item,# 7 Page 4 eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting towers and related equipment. 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. APC REALTY (Newman St.) Agenda Item;# 7 Page 5 V1111*161- -9 I] 1r, in III tell 11 Mi Zoning History 1 10/12/93 CONDITIONAL USE PERMIT (BINGO HALL) GRANTED 2 01/23/89 CONDITIONAL USE PERMIT (SHOOTING RANGE) GRANTED 3 04/22/85 REZONING FROM 1-1 TO B-2 GRANTED 04/22/85 CONDITIONAL USE PERMIT (BOWLING ALLEY) GRANTED APC REALTY (Newman St.) Agenda Item #7 Page_ 6 Public Agency Comments Public Works There is a 60 foot wide drainage easement in the location of the proposed tower. No comments. Public Utilities 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: I No comments. APC REALTY_(Newman-St.) Agenda Item # 7 Page 7 YQ�d W 0 W 0 Y �A'Q 22 !w O 1 in p ^01iJ� Yb �p nH- n N m AMA Z 8 W¢pZW dP: i N a� NI� S $ C, \ Exhibit e Proposed Site Plan 17 APC REALTY (Newman St.) Agenda Item # 7 Page 9 Exhibit C Proposed Tower Elevation APC REALTY (Newman St.) Agenda Item # 7 Page 10 NOUNIO Imam Hsa rINOW0NO3 Z w w Q w K U) N 3 N Q `b = s JSm pQ i9 me 3c�Lb'�9 DLO' Ic E 3P� n V R� g4.(S C� QOM LC .L La o � Z •i j.-LS�b c a cu3'� a E bah °ry 4o x L � s m ai. o ✓ j ` a� � ,� j s i s O� -+S z g I J F 0 C CQ. 5 Do 4c°a ?Sj s� I o bDaL � E Lc� Exhibit D Disclosure Statement Nolly3naff JWHd r,JSfl WK011003 APC REALTY (Newman St.) Agenda Item# 7 Page 11 Y. C eWAc 4y* a 3• �f+'t J t EZ Y"SJS e�IYy i a4 5 u _ <6� ��iG l7m rttnC b pbh- ON�?'� S7G�WV 1}m orap5 2.4fp �Qso„yc V•o novuasimi+tiaO-mV x As APC REALTY (Newman St.) Agenda Item # 7 Page 12 a Z V ._'n y E c s Y cq '�`S V T VZS YY Gqa =Op9 p�N a. c' Aj OOw OLO wKb .9 vny°y x h � "s GV� ti U6 O+pw Vt�.n �iCgb Ui p S<e$�i �Z.4 $ - i .YrX i Y i V X 4 tl X i^ c o S gg E L_ 88 Y 4 E� so 3Lz a a�:i68`q+:XaEk x� EE K> Z-e g° Y =Y [ i-. c e^� c gE i c APC REALTY -,(Newman St.) Agenda Item`# 7 Page 13 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) Real Estate Services - • Legal Services - • Architectural & Engineering - Services Construction Services - SBA Network Services, Inc., 312 East 18th Street Norfolk, VA 23517 757-274-0056 Leclair Ryan 999 Waterside Drive, Suite 515 Norfolk, Virginia 23510 757-624-1454 Clark Nexsen 6160 Kempsville Circle Suite 200A Norfolk, Virginia 23502 757-455-5800 Entrex 1575 1 Street, NW, Suite 350 Washington, DC 20005 202-408-0960 SBA Network Services, Inc., 312 East 18th Street Norfolk, VA 23517 757-274-0056 Dominion Technical Solutions, Inc. 120 Tredegar Street Richmond, Virginia 23219 757-393-3828 APC REALTY (Newman: St.) Agenda Item # 7 Page14 Item #7 APC Realty & Equipment Co., L.L.C. d/b/a Sprint Spectrum, L.P. Conditional Use Permit 796 Newman Street District 6 Beach June 9, 2004 C61631MI 1►Y Y William Din: The next item is Item #7 APC Realty & Equipment Co., L.L.C. d/b/a Sprint Spectrum, L.P. It's a Conditional Use Permit for a communications tower located at 796 Newman Street in the Beach District. There are six conditions. Charles Boyd: My name is Charles Boyd. I'm an agent for APC Realty. We have read the conditions and we'll accept them. William Din: Thank you Mr. Boyd. Is there any opposition to this item on consent? If not, I believe Jan Anderson will be putting this on the record. Janice Anderson: Thank you. This was a Conditional Use Permit for a communications tower. The tower is going to be set on the east side of the long gated lot. It is actually going to rest on top of an existing Virginia Power tower. It is only seven feet extension that will be antenna that they will place on the existing tower. The existing tower is in a drainage easement and the VEPCO easement. The only requirement is that they would have to go forward and receive a variance from the Board of Zoning because of the setbacks from residential. Also, one of the conditions is that they work out the type of easement to the tower, whether it's a gravel easement or just a grass easement. We recommended those conditions and requirements and we thought it was recommended for approval to Council. William Din: Ms. Wood, I would like to make a motion to approve Item #7, APC Realty & Equipment Co., L.L.C. d/b/a Sprint Spectrum, L.P. with six conditions. Eugene Crabtree: I'll second it. Dorothy Wood: Thank you. With a motion by Mr. Din and seconded by Mr. Crabtree. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT AYE ABSO ABSENTI ABSENT Item #7 APC Realty & Equipment Co., L.L.C. d/b/a Sprint Spectrum, L.P. Page 2 MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0, the motion passes. #q` DATE I REQUEST ACTION 1 6-10-03 Change of Zoning (AG-1 & 2 Agricultural District to Granted Conditional B-2 Community Business District) Conditional Use Permit (mini storage) 2 1-12-99 Conditional Use Permit (auto repair) Granted 3 9-9-97 Conditional Use Permit (parking lot addition) Granted 4 6-25-96 Modification of Conditions Granted 11-9-93 Change of Zoning (AG-2 Agricultural District to 1-1 Light Granted Industrial District) 5 8-13-91 Change of Zoning (AG-2 Agricultural District to B-2 Granted Community Business District) Change of Zoning (0-2 Office District to B-2 Community Granted Business District 6 12-18-89 Conditional Use Permit (church) Denied Subdivision Variance Denied 5-23-88 Conditional Use Permit (church) Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Beach Fellowship — Conditional Use Permit (church expansion — portable classroom) MEETING DATE: July 13, 2004 ■ Background: An Ordinance upon Application of Beach Fellowship for a Conditional Use Permit for a church expansion (portable classroom) on property located at 1817 General Booth Boulevard (GPIN 24153267170000). DISTRICT 7 — PRINCESS ANNE. ■ Considerations: The church is requesting to operate Sunday School, on a temporary basis, within a 24 foot by 56 foot portable trailer, to house approximately 15 students and 2 teachers. The request for this temporary trailer is for a term no greater than 2 years. Communication with the Navy has revealed that this situation is exactly what they hope the Joint Land Use Study will address. There is concern that any expansion to the existing building, located within the highest noise zone, should not be contemplated until the results of the Joint Land Use Study are available. In light of this, a portable trailer meets the needs of the church while they continue to work towards raising funds for an addition to meet their current and future needs. The approval has been limited to only two (2) years, after which a policy for handling additions to existing churches and other structures within the highest noise zone will hopefully be in place through the efforts of the Joint Land Use Study. Planning Commission placed this item on the consent agenda because it is a temporary expansion to an existing use. Staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: The temporary trailer shall not be on -site for a period any longer than two (2) years from the date of approval of this use permit. Beach Fellowship Page 2 of 2 2. The trailer shall be painted and kept in a state of constant maintenance. 3. All required and applicable building codes shall be met. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency:�Plannning Department ya�q City Manager: �/Vv �—, L10-215-CUP-2004 BEACH FELLOWSHIP Agenda Item # 10 June 9, 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 application. I_oCabon and Genera! Information REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Conditional Use Permit for an expansion of the existing church (portable trailer) for Sunday School activities. Property located on 1817 General Booth Boulevard. 24153267170000 fiy 1 ♦ I Jir�� 7 — PRINCESS ANNE BEACH:FELLOWSHIP Agenda Item # 10 Page 1 SITE SIZE: 3.2 acres EXISTING There is a 13,700 square foot church with a 164-space parking lot on LAND USE: the property. SURROUNDING . Single-family dwellings, day care facility / PD-H1 LAND USE AND North: Planned Development ZONING: South: • Vacant / Conditional 1-1 Light Industrial District • General Booth Boulevard, single-family, vacant / East: AG-2 Agricultural District West: • Vacant / Conditional 1-1 Light Industrial District NATURAL RESOURCE AND CULTURAL There are no significant environmental features on the site as it is FEATURES: developed as a church and parking lot. AICUZ: The site is in an AICUZ of greater than 75dB Ldn surrounding NAS Oceana. Summary of •p• The church is requesting to operate Sunday School, on a temporary basis, within a 24 foot by 56 foot portable trailer, to house approximately 15 students and 2 teachers. The request for this temporary trailer is for a term no greater than 2 years. The existing church is approximately 13,700 square feet with a seating capacity of 260. In 1997, an expansion to the parking lot was approved by City Council that added an additional 88 parking spaces, for a total of 164. There were four (4) conditions of that approval. Per the 1997 staff report, the ultimate plan of the church is to expand the building for a capacity of 800. Due to the ongoing effort with the Navy to conduct the Joint Land Use Study, any permanent structure would be deferred until the recommendations from this effort can be reviewed. BEACH FELLOWSHIP Agenda Item '# 10 Pase 2 Major Issues The following represent the significant issues identified by the stab` concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. Consistency with AICUZ. • Compatibility with surrounding uses. Comprehensive Plan The Comprehensive Plan recognizes this site as within the Primary Residential Area," with a goal of preserving and protecting the overall character, economic value and aesthetic quality of stable neighborhoods. The Plan recognizes that some non- residential uses are compatible within the Primary Residential Area. Staff Evaluation Staff recommends approval of this request. Staffs 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 as follows: (1) Communication with the Navy has revealed that this situation is exactly what they hope the Joint Land Use Study will address. There is concern that any expansion to the existing building, located within the highest noise zone, should not be contemplated until the results of the Joint Land Use Study are available. In light of this, a portable trailer meets the needs of the church while they BEACH FELLOWSHIP Agenda Item# 10 Page 3 continue to work towards raising funds for an addition to meet their current and future needs. The approval has been limited to only two (2) years, after which a policy for handling additions to existing churches and other structures within the highest noise zone will hopefully be in place through the efforts of the Joint Land Use Study. (2) While this site is within the Primary Residential Area, the Comprehensive Plan recognizes that there are non-residential uses that can coexist with residential developments and serve to support the community activities. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. The temporary trailer shall not be on -site for a period any longer than two (2) years from the date of approval of this use permit. 2. The trailer shall be painted and kept in a state of constant maintenance. 3. All required and applicable building codes shall be met. 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. BEACH FELLOWSHIP Agenda Item # 10 Page 4 Q *I r4 A I U1,4111 I Ire IN I I I Leis! Zoning History DATE IREQUEST I ACTION 1 6-10-03 Change of Zoning (AG-1 & 2 Agricultural District to Granted Conditional B-2 Community Business District) Conditional Use Permit (mini storage) 2 1-12-99 Conditional Use Permit (auto repair) Granted 3 9-9-97 Conditional Use Permit (parking lot addition) Granted 4 6-25-96 Modification of Conditions Granted 11-9-93 Change of Zoning (AG-2 Agricultural District to 1-1 Light Granted BEACH.FELLOWSHIP Agenda Item* 10 Page 5 Industrial District) 5 8-13-91 Change of Zoning (AG-2 Agricultural District to B-2 Granted Community Business District) Change of Zoning (0-2 Office District to B-2 Community Granted Business District 6 12-18-89 Conditional Use Permit (church) Denied Subdivision Variance Denied 5-23-88 Conditional Use Permit (church) Granted Public Agency Comments Public Works Plan (MTP): General Booth in the vicinity of this site is a four (4) lane divided urban arterial. There are currently no projects in the Capital Improvement Program to upgrade this Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2— 94 ADT General Booth 35,OOSADT , 27,400 ADT ' Boulevard Proposed Land Use 3- 110 ADT nw. aye Deny iiqu ' as defined by the existing church 3as defined by church with additional Uassroom facility Public Utilities Water: There is a 16 inch water main in General Booth Boulevard and an eight inch water main in Rollins Court. This site is already connected to City water. Sewer: There is an eight inch sanitary sewer main in Rollins Court. This site is already connected to City sanitary sewer. BEACH FELLOWSHIP Agenda Item# 10 Page 6 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: The proposed structure must be within 150 feet of Fire Department access. BEACH FELLOWSHIP Agenda Item # 10 Page 7 Exhibit B Proposed Site Plan trc. i y! I BEACH_FELLOWSHIP Agenda Item-10 Page 9 NOUNIUMMU M MOUIEN03 11 Eli a 1- "sue o n -o c nmy� LLO (°C� L SQO C:^v N-o4 n� W nO� I : FmR R°J=j R�?OLL�6Nyq ¢;mQ�Q mmoLm OaEa y;�Gy �$.w E ccm£r'mtoL'c 'o ,9-f i$�'° f�nn Rv. 6n'XR OF ov I ( 'S E°R s gFmRc R ?q O�•-O—�.=S=S O 33,vM $ry �4'm ?a�mc oa.141 8et�l a�`o c3c c$E�'°H ¢av In SO 9mCm Lo Am Rsm L m �—�� 1 Qa4: EBc occni m zi40� t ui- $�°r m£ M; ¢s So a4 mL m °'a 2�=$ V O P L Y � p o fr m n E c oY Rog, 'a I� g opm$ \ c _ m e 4 n c a 55B p q 0112 3 f c gd�OPQ\ yy Exhibit C Disclosure Statement NOI,��"JTIddV JII+tRd RSl1'IV�IOI�,IQ�IO3 BEACH FELLOWSHIP Agenda Item #_10 Page 10 qiS 4 H C.L17 - 2hJ7n 7 DEPARTMENT OF THE NAVY NAVA,, AIP _iTAT10N 0CF_A%4 175P. TOMCAT BOULEVASD VIRGINIA B=ACH, VIPGINIA 23"aG2'i3 I. 9ECC/ R['EP TC. ?7 0 _er ;2%023i May 4, 2004 Ms, Carolyn n. K. Sr„ith ice-, Centa Depar`_ Tent cT ?Tann--.tg ..ve, 6uilai±tg 2 VA 23E�6-9J40 JGdr ..z. LT it!i: Thank you for the opportunity to co:anent on the conditional U52 ?erm�t Appli...:.ion by Beach Fellows -nip Church tt:eir rsquest to 1_ce - portable �iassroom on chard' property c`_: =_naral Soc`�h( Bou'tevard. The site ins cat=_d in thy: cr=_a_er _c dez%bel. (d3) day -night sv=_.rage (Ldn; noise one. The 'iavy's B'_r=natallations Compati.ble 'Ise Zones (AICUZ) Program. _races that educational type ^>ervic=s ere not co .patibl. �a this zone. She exis_inq church i.s also incompe.tibie and. is ccnsidered a pre-existing non -conforming 1iss. A site v- s.i2showed a residential neighborhood to the ncrth anc a day-care f.eci_ity directly in iron- of Beach Fe'_lcwshi_c. We -oa-d 'like this type of item be addressed in the npccmine ,l �clrt Land Use study (,TLUs) Pastor Bjorkcran's letter dated 'ebrua-v '_1, 2004 clearly states the aim of the church Is to -ven t.,e.'_:-Y construct a permanent bu-lai.na_ The JL'7S may conclude that rh classroom be considered an an.-i.11ary us.e tc the c._irc:z and recommend appropriate scans attenuation measures incorpereted into the construction and design. _i L!n•:'. C'Cy' Cztermlll?5 tt?13C thlr :15E 7L'1st b': al_ouec and there ace nn other viable alternatives, we recc^1rGend That only -hc percable cla5sccom be allo•wea u::cil the fira-' _ ,US a.s co-.n"_eted. to reccmnnend a de3ig❑ be chose-, to rch S=_ce incoor i.�..... lev--1-e^llCt].on Of at least 36 da. :1 is the coal of this command z.d thn• a7n2 United States PAAvv to N in a ceop�rariie ecIfQzz�towar 'd use objectives „, t;;,rh con '.,ion= win ;.f you have any ^u>s_ions, please c:.-'vact ,Ty Comwr._ty Plan,_^.g I.i.a...,.n Officer, At. ?.ay F.--renze a - . � 3-�_...;. Sincerely and very _espac^tfa__y, KE. 7,S./Navy Exhibit D Supplemental Information BEACH FELLOWSHIP Agenda Item # 10 Page 11 Item #10 Beach Fellowship Conditional Use Permit 1817 General Booth Boulevard District 7 Princess Anne June 9, 2004 William Din: The next item is Item #10 Beach Fellowship. This is a Conditional Use Permit for a church expansion of portable classrooms on property located at 1817 General Booth Boulevard in the Princess Anne District. There are three conditions. Bob Foy: Bob Foy, Deacon representing Beach Fellowship Church. We've read the conditions and they're acceptable. William Din: Thank you Mr. Foy. Is there any opposition to this item on consent? Ms. Anderson will explain this one also. Janice Anderson: Thank you. They are seeking to place a temporary trailer on this property. It is church property. They were going to have Sunday school classes held in the trailer. It will only be a temporary trailer. They do. have the Joint Land Use Study over top of them preventing them from doing a permanent structure at this time. The Sunday school classes are currently held inside the church but in the cafeteria so it gets very crowded. This actually gives them a more peaceful place to hold their Sunday school. There will not be any addition to the volume in attendance. They're just having a better place to have their Sunday school class. The restriction is that it is only for a two- year period and hopefully the Land Use Study will be well past us then and a permanent structure can be sought at that time. William Din: Thank you Jan. Ms. Wood, I would like to make a motion to approve Item #10, Beach Fellowship with three conditions. Eugene Crabtree: I'll second it. Dorothy Wood: Thank you. With a motion by Mr. Din and seconded by Mr. Crabtree. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT AYE ABS 0 ABSENT 1 ABSENT Item #10 Beach Fellowship Page 2 MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0, the motion passes. 2 3 4 5 6 7 8 9 Tvoo' Knnom Tl;; Zoning History 07/11/88 Conditional Use Permit (auto repair) 01/08/90 Conditional Use Permit (auto sales) 01/28/92 Conditional Use Permit (bingo hall) 02/11/92 Variance 04/14/92 Conditional Use Permit (indoor recreation) 02/29/96 Conditional Use Permit (communications tower) 01/27/98 Conditional Use Permit (church) 04/22/03 Conditional Use Permit (carwash) 05/13/03 Conditional Use Permit (church) Granted Granted Granted Granted Granted Granted Granted G ranted G ranted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Tuee Know Him Full Gospel Ministries Child Care Center — Conditional Use Permit (child care center) MEETING DATE: July 13, 2004 ■ Background: An Ordinance upon Application of Tuee Know Him Full Gospel Ministries Child Care Center for a Conditional Use Permit for a child care center in conjunction with a church on property located at 544-138 Newtown Road (GPIN 14683033400000). DISTRICT 2 — KEMPSVILLE ■ Considerations: The applicant proposes a childcare center in conjunction with their Tuee Know Him Full Gospel Ministries, also located within the shopping center. The applicant proposes to provide care for up 50 children on an as -needed basis. Ages of the children shall be from two years to five years of age. The applicant proposes operating hours of 6:00 A.M. to 6:00 P.M., weekly. The applicant proposes a fenced, supervised outdoor play area adjacent to the church. The outdoor play equipment shall be molded plastic similar to the "Lil' Tykes" brand. The outdoor play area schedule shall be arranged by ages. The 2 and 3 year olds shall have a morning time 9:10 A.M. until 9:35 A.M. and an afternoon time 2:10 P.M. until 3:00 P.M. The 4 and 5 year olds shall have a morning time 9:45 A.M. until 10:30 A.M. and an afternoon time 3:10 P.M. until 3:45 P.M. The proposed childcare in conjunction with a church is compatible with other uses in the shopping center and will not negatively impact neighboring properties. The church has leased a significant portion of this retail center, with approximately 3,000 square feet of space devoted to church services as well as an additional 1,600 square feet for personal care (hairstyling, etc.). These spaces along with the proposed childcare center provide needed services to the community in this part of the city. The outdoor play area will be enclosed with a privacy fence and one latched gate. The outdoor play area also has direct access through the side church door. No children will be outside unless supervised. The use is consistent with the recommendations of the Comprehensive Plan regarding the Primary Residential Area. The Planning Commission placed this item on the consent agenda because it will utilize vacant space in a shopping center, is an expansion of an existing use, and Tuee Know Him Page 2 of 2 is consistent with the Comprehensive Plan. Staff recommended approval. There was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 2. The applicant shall maintain a childcare license with the Commonwealth of Virginia. Failure to maintain childcare license shall result in revocation of the Conditional Use Permit. 3. The childcare center is limited to a maximum of fifty (50) children. The center shall not care for more than five children under the age of 2 1/2. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmenttAgency: City Manager: t�r K— �� n Planning Departments 41-- �^')�L C06-218-CUP-2004 TUEE KNOW HIM FULL GOSPEL MINISTRIES Agenda Item # 21 June 9, 2004 Public Hearing Staff Planner: Karen Prochilo 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. REQUEST: LOCATION GPIN: COUNCIL ELECTION DISTRICT: Location and General Information Conditional Use Permit for a childcare center in conjunction with a church. Property located 544 Newtown Road, Suite 138. 14683033400000 2 - KEMPSVILLE TUEE KNOW HIM FULL GOSPEL MINISTRIES Agenda Item# 21 Page 1 SITE SIZE: Part of 8.9 acres shopping center 1,600 square feet (proposed area) EXISTING Commercial shopping center (Newpointe Shopping Center) zoned B- LAND USE: 2 Business District. SURROUNDING . Baker Road / B-2 Community Business and 1-1 LAND USE AND North: Light Industrial ZONING: . Bus charter business / 1-2 Heavy Industrial and A - South: 18 Apartment East: • Newtown Square Complex / A-18 Apartment • Fast food restaurants and bank on outparcels on West: Newtown Road / B-2 Community Business NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural resources or cultural features. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Summary of Praposa The applicant proposes a childcare center in conjunction with their Tuee Know Him Full Gospel Ministries, also located within the shopping center. The applicant proposes to provide care for up 50 children on an at -needed basis. Ages of the children shall be from two years to five years of age. The applicant proposes operating hours of 6:00 A.M. to 6:00 P.M., weekly. The applicant proposes a fenced, supervised outdoor play area adjacent to the church. The outdoor play equipment shall be molded plastic similar to the "Lil' Tykes" brand. The outdoor play area schedule shall be arranged by ages. The 2 and 3 year olds shall have a morning time 9:10 A.M. until 9:35 A.M. and an afternoon time 2:10 P.M. until 3:00 P.M. The 4 and 5 year olds shall have a morning time 9:45 A.M. until 10:30 A.M. and an afternoon time 3:10 P.M. until 3:45 P.M. TUEE KNOW HIM FULL GOSPEL- MINISTRIES Agenda Item # 21 Page 2 IssuesMajor The following represent the significant issues identified by the staff concerning this request. Staffs 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 this area. • Compatibility of the proposed use with the surrounding uses in the shopping center. r Comprehensive Plan The Comprehensive Plan recognizes this site as within the "Primary Residential Area," with a goal of preserving and protecting the overall character, economic value and aesthetic quality of stable neighborhoods. The Plan recognizes that some non- residential uses are compatible within the Primary Residential Area. 77 Staff Evaluation Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. (1) The use is consistent with the recommendations of the Comprehensive Plan regarding the Primary Residential Area. (2) The proposed childcare in conjunction with a church is compatible with other uses in the shopping center and will not negatively impact neighboring properties. The church has leased a significant portion of this retail center, with TUEE KNOW HIM FULL GOSPEL MINISTRIES Agenda Item # 21 Page 3 approximately 3,000 square feet of space devoted to church services as well as an additional 1,600 square feet for personal care (hairstyling, etc.). These spaces along with the proposed childcare center provide needed services to the community in this part of the city. The outdoor play area will be enclosed with a privacy fence and one latched gate. The outdoor play area also has direct access through the side church door. No children will be outside unless supervised. Staff, therefore, recommends approval of this request with the conditions below. Conditions The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 2. The applicant shall maintain a childcare license with the Commonwealth of Virginia. Failure to maintain childcare license shall result in revocation of the Conditional Use Permit. 3. The childcare center is limited to a maximum of fifty (50) children. The center shall not care for more than five children under the age of 2 ''/2. 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. TUEE KNOW HIM FULL GOSPEL MINISTRIES Agenda Item #21 Page 4 2 3 4 5 6 7 8 9 Supplemental Information Zoning History DATE IREQUEST I ACTION I 07/11/88 Conditional Use Permit (auto repair) Granted 01/08/90 Conditional Use Permit (auto sales) Granted 01/28/92 Conditional Use Permit (bingo hall) Granted 02/11/92 Variance Granted 04/14/92 Conditional Use Permit (indoor recreation) Granted 02/29/96 Conditional Use Permit (communications tower) Granted 01/27/98 Conditional Use Permit (church) Granted 04/22/03 Conditional Use Permit (carwash) Granted 05/13/03 Conditional Use Permit (church) Granted TUEE KNOW HIM FULL GOSPEL MINISTRIES Agenda Item # 21 Page 5 Public Agency Comments Public Works Master Newtown road in this vicinity of this application is a four Transportation Plan lane divided minor suburban arterial. The MTP designates M( TP): this roadway as a divided facility within 150 feet right-of- way. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic The proposed use will result in less Newtown Road 22,000 ADT 14,800 ADT' ADT than that generated by a retail use in the same space Average Daily Trips Public Utilities Water and Sewer: The property is already connected to City water and 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. Fire and Rescue: May not care for more than five children under the age of 2 ''/:. More than 5 children under the age of 2'/z will change the occupancy classification to Group I (Institutional), which has additional Building and Fire Code requirements. A Fire Department inspection will be required for the social services license. TUEE KNOW HIM FULL GOSPEL MINISTRIES Agenda Item *21 Page 6 Exhibits Exhibit A Aerial of Site Location TUEE KNOW HIM FULL GOSPEL MINISTRIES Agenda Item#21 Page 7 Exhibit B Shopping Centei Site Plan TUEE KNOW HIM FULL GOSPEL MINISTRIES Agenda Item#-21 Page 8 n09 Exhibit C Detail of Shopping Centel Site Plan Showing Location of Childcare Centei Facilities TUEE KNOW HIM FULL GOSPEL MINISTRIES Agenda Item it 21 Page 9 Exhibit D Existing Storefront Elevation TUEE KNOW HIM FULL GOSPEL MINISTRIES Agenda Item# 21 Page 10 Exhibit E Proposed Outdoor Play Area TUEE KNOW HIM FULL GOSPEL MINISTRIES Agenda Item#.21 Page 11 NOUVNIEV 11WHRd RStl'IVNOIIIC NO3 a ' I �a r alma c @@ yy Si21 Y m�4 4C�Ng m oz 1,PO nn ! 4gm �wm ao n�°rs,-yt 6 'n'CC Op-C_ ' Cw� 9G cOLL�$�mSU RE !q O d'v Sig Saa" 2s$GgDy fie -42=agn all mortis' S@ 2e e F xy g py£S�m w �f c C93C$ C V 3 O O cyPsa #-` z O W `o I i w g `c° 9 60 W �L m Y Q C A m N i m9N OJ C G tl Q a 4 p OL y°r 1 C O LI pip �r w� V �k `-� YS occ'�$' az"4oU 3 e I 4-5 M 3s � L ryas J mL� I❑ tl p.. lV I V=- N i� �t o- I :1 v v I NOLLUIEV ON 3Sil rIVN0I1IQN03 TUEE KNOW HIM FULL Exhibit F Disclosure Statement IPEL MINISTRIES Agenda Item #.21 Page-12 Item #21 Tuee Know Him Full Gospel Ministries Child Care Center Conditional Use Permit 544-138 Newtown Road District 2 Kempsville June 9, 2004 CONSENT William Din: The next item is Item #21 Tuee Know Him Full Gospel Ministry Child Care Center. It's a Conditional Use for a childcare center in conjunction with the church on property located at 544-138 Newtown Road in the Kempsville District. There are three conditions with this. Welcome. Evangelist Ellen Maze: Good afternoon. Evangelist Maze of Tuee Know Him Full Gospel Ministries. I'm the church administrator and I've been handed the task of bringing this all together. Yes. We will meet the conditions. William Din: Thank you very much Ms. Maze. Evangelist Ellen Maze: Thank you. William Din: Is there any opposition to this placing this on consent? If there are not, Mr. Ripley will be explaining this one for the record. Ronald Ripley: This is a childcare center request to be at the Newpoint Shopping Center off of Newtown Road. It's about 1,600 square feet. This church has occupied part of the shopping center already. This is a natural expansion of their facility. They're using some vacant space that's in that shopping center. We see it as a normal routine approval and it does meet the Comprehensive Plan. So we're recommending approval. William Din: Thank you Ron. Ms. Wood, I would like to make a motion to approve Item #21, Tuee Know Him Full Gospel Ministries Childcare Center with three conditions. Eugene Crabtree: I'll second it. Dorothy Wood: Thank you. With a motion by Mr. Din and seconded by Mr. Crabtree. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE Item #21 Tuee Know Him Full Gospel Ministries Child Care Center Page 2 KATSIAS KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0, the motion passes. ABSENT CUP - Church 1 1-13-98 Conditional Use Permit (Private School) Approved 8-12-91 Conditional Use Permit (Church) Approved 2 11-28-88 Subdivision Variance Approved 3 3-25-85 Conditional Use Permit (Addition to a cemetery) Approved Z l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Christian Chapel Assembly of God — Conditional Use Permit (church) MEETING DATE: July 13, 2004 ■ Background: An Ordinance upon Application of Christian Chapel Assembly of God for a Conditional Use Permit for a church on property located at 2751 Salem Road (GPINS 14834859920000;14835900590000;14835901080000; 14835992570000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The Planning Commission deferred this request on December 10, 2003 due to the uncertainty surrounding issues related to AICUZ. The Planning Commission acted on the application at their March 10, 2004 hearing under the original Interim AICUZ Guidelines approved on February 10, 2004. Under those original Guidelines, this application, as it was submitted prior to February 3, 2004, could be heard by the Planning Commission and acted on based on its merits. On March 23, 2004, the City Council amended the Interim AICUZ Guidelines, deleting the provision regarding applications submitted prior to February 3, 2004. The amended Guidelines call for indefinite deferral of this item. On April 13, 2004, the City Council indefinitely deferred the item. The Councilmember for the Princess Anne District has requested that this item be returned to the City Council for consideration. The applicant wishes to obtain a Conditional Use Permit for an expansion to the existing church. The site is developed with a modular building, currently being used by the church, and a parking area. A Conditional Use Permit for a church was obtained in 1991. The proposed project will be phased, beginning with the construction of a multi- purpose building and fifty (50) additional parking spaces. The proposed building will contain a sanctuary with seating for five hundred members, new restrooms, nursery area, baptistery with changing rooms, kitchen and storage area. The sanctuary will also be used as a fellowship area. Phase 2 of the project will connect the proposed building to the existing modular building via an enclosed hallway and foyer, and an open colonnade. The connecting hall / foyer and open colonnade is designed to screen the existing modular building and provide a new appearance for the church. The second floor of the addition will contain classroom space and an audiovisual room, and will be completed during Phase Christian Chapel Page 2 of 3 3. Phase 4 of the proposed expansion will complete the parking area, relocate a shed and pave a recreational area. A new lobby and covered drop-off area is proposed for Phase 5. To complete the project, the roof on the existing modular building will be replaced with a trussed peaked roof to match the newer portion of the building. The church conducts services on Sunday at 8:15 a.m. and 11:15 a.m. Sunday school is held at 10:00 a.m. On both Saturday and Sunday, the church provides student ministries in the evening from 4:40 p.m. to 10:00 p.m. Prayer and children's club meetings are conducted on Wednesday evenings from 6:30 p.m. to 9:00 P.M. Staff recommended approval. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-1 to approve this request with the following conditions: The proposed additions to the church shall be developed substantially in accordance with the submitted conceptual site plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. The proposed parking areas, recreation area, open -space area and landscaped areas shall be installed in accordance with the submitted conceptual site plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002, except only one entrance / exit to the site from Salem Road shall be allowed. The location of the proposed entrance / exit will be determined during detailed site plan review. The proposed building shall be constructed substantially in accordance with the submitted elevation plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning. 4. The proposed building shall be constructed to comply with appropriate sound attenuation measures for structures located within an AICUZ noise zone of more than 75dB Ldn. Christian Chapel Page 3 of 3 ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department A - City Manager: j k . G13-212-CUP-2003 CHRISTIAN CHAPEL ASSEMBLY OF GOD -'" Agenda Item # 7 March 10, 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. Location•General Information The Planning Commission deferred this request on December 10, 2003 due to the uncertainty surrounding issues related to AICUZ. Under the Interim AICUZ Guidelines, this application, as it was submitted prior to February 3, 2004, may be heard by the Planning Commission and the City Council based on its merits. REQUEST: Conditional Use Permit for a Church LOCATION Property located at 2751 Salem Road "� r-" Christian ChaUel Assemblv of God LAC -I ; AG-1 ee� wV pG-2 i Q3AG-2 y , ; �Vi '`-W Ng'roN A �� �• AG-2 P a �,,p AG CHRISTIAN CHAPEL Agenda Item # 7 Page 1 GPIN: 14834859920000; 14835900590000; 14835901080000; 14835992570000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 6.6 acres EXISTING The Christian Chapel Assembly of God occupies the site. Portions of LAND USE: the site are heavily wooded. SURROUNDING North: . Single-family dwelling and undeveloped parcels / LAND USE AND AG-1 and AG-2 Agricultural Districts ZONING: South: • Single-family dwelling and heavily wooded undeveloped parcels / AG-1 and AG-2 Agricultural Districts East: • Salem Road • Across Salem Road are single-family dwellings and undeveloped parcels / AG-1 and AG-2 Agricultural Districts West: . Heavily wooded parcels / AG-1 and AG-2 Agricultural Districts (Pending change of zoning to Conditional R-20 Residential District and a Conditional Use Permit for an Open Space Promotion) NATURAL The rear portion of the site is heavily wooded. The applicant had the RESOURCE area inspected by the U.S. Army Corps of Engineers, the Virginia AND Department of Environmental Quality, the Virginia Marine Resources CULTURAL Commission and the City of Virginia Beach Waterfront Operations FEATURES: Section of the Planning Department and reports that the project does not require any special permits or approvals. The applicant proposes to maintain this area as open space. AICUZ: The site is in an AICUZ of greater than 75dB Ldn surrounding NAS Oceana and NALF Fentress. The United States Navy comments that the proposed expansion is not compatible with the surrounding airfield operations. CHRISTIAN CHAPEL Agenda Item # 7 Page 2 .�..u_ Mr wp:Wpj`+�gldyry'S1 Summary of Proposa The applicant wishes to obtain a Conditional Use Permit for an expansion to the existing church. The site is developed with a modular building, currently being used by the church, and a parking area. A Conditional Use Permit for a church was obtained in 1991. A Conditional Use Permit for a private school was approved in 1998, but was never activated. The proposed project will be phased, beginning with the construction of a multi -purpose building and fifty-(50) additional parking spaces. The proposed building will contain a sanctuary with seating for five hundred members, new restrooms, nursery area, baptistery with changing rooms, kitchen and storage area. The sanctuary will also be used as a fellowship area. Phase 2 of the project will connect the proposed building to the existing modular building via an enclosed hallway and foyer, and an open colonnade. The connecting hall / foyer and open colonnade is designed to screen the existing modular building and provide a new appearance for the church. The second floor of the addition will contain classroom space and an audiovisual room, and will be completed during Phase 3. Phase 4 of the proposed expansion will complete the parking area, relocate a shed and pave a recreational area. A new lobby and covered drop-off area is proposed for Phase 5. To complete the project, the roof on the existing modular building will be replaced with a trussed peaked roof to match the newer portion of the building. The church conducts services on Sunday at 8:15 a.m. and 11:15 a.m. Sunday school is held at 10:00 a.m. On both Saturday and Sunday, the church provides student ministries in the evening from 4:40 p.m, to 10:00 p.m. Prayer and children's club meetings are conducted on Wednesday evenings from 6:30 p.m. to 9:00 p.m. CHRISTIAN CHAPEL Agenda Item # 7 Page 3 �� ..... a.. �- ee~©-. Proposed Site Plan \\})!f2}\\ fa&, » z■:33zfCZB: M c ms &§ CHAPEL Agenda Item #7. <:.m94. rrc"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 Comprehensive Plan recommendations for the area. Compatibility with airfield operations surrounding NAS Oceana and NALF Fentress. • Compatibility with the surrounding uses. Comprehensive Plan The Comprehensive Plan Map designates this area of the city as the Transition Area, an area planned for appropriate growth opportunities, consistent with the economic vitality policies of the city. 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 at the beginning of this report. The proposal's strengths in addressing the `Major Issues' are (1) The request for a Conditional Use Permit is consistent with the recommendations of the Comprehensive Plan. The proposed multipurpose building is modern in design, using split -face block, dryvit and a standing seam metal roof to provide CHRISTIAN CHAPEL Agenda Item # 7 Page 5 architectural relief in the building. Additionally, as discussed in the Comprehensive Plan Policy Document under the Citywide Issues and Policies, the character of existing neighborhoods should be preserved and protected against inappropriate land use intrusions while recognizing the legitimate need for a limited amount of compatible support activities. Even though the surrounding homes in the immediate area are not situated in what one would typically think of as a "neighborhood", a neighborhood does exist, and a church is a compatible accessory use within a neighborhood. (2) While the United States Navy opposes any additions to the church because the site is within the high AICUZ of greater than 75dB Ldn, staff believes that sufficient building code requirements exist to adequately buffer the building from the overhead jet noise. Additionally, the primary church services are held during off-peak flight times. (3) The church has been conducting church services on this site for over ten years and has shown that it is compatible with the surrounding uses. Staff concludes that the proposed expansion is appropriate and should ensure that the current compatibility of the use continues into the future. Staff, therefore, recommends approval of this request with the conditions below. Conditions The proposed additions to the church shall be developed substantially in accordance with the submitted conceptual site plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The proposed parking areas, recreation area, open -space area and landscaped areas shall be installed in accordance with the submitted conceptual site plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002, except only one entrance / exit to the site from Salem Road shall be allowed. The location of the proposed entrance / exit will be determined during detailed site plan review. 3. The proposed building shall be constructed substantially in accordance with the submitted elevation plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002. Said plan has been exhibited to the City of Virginia Beach City Council and CHRISTIAN CHAPEL Agenda Item# 7 Page 6 is on file in the City of Virginia Beach Planning. 4. The proposed building shall be constructed to comply with appropriate sound attenuation measures for structures located within an AICUZ noise zone of more than 75dB Ldn. 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. CHRISTIAN CHAPEL Agenda Item # 7 Page 7 i... xFWi GnNe O$t(.Yj }{� 5Y ' { . Supplemental I nfl o rmation Zoning History CUP - Church 1 1-13-98 Conditional Use Permit (Private School) Approved 8-12-91 Conditional Use Permit (Church) Approved 2 11-28-88 Subdivision Variance Approved 3 3-25-85 Conditional Use Permit (Addition to a cemetery) Approved CHRISTIAN CHAPEL Agenda Item # 7 Page 8 Public Agency Comments Public Works Master Transportation Salem Road in front of this site is a two-lane undivided Plan (MTP): minor suburban arterial. It is designated on the Master Transportation Plan as a 100-foot divided right-of-way with a multi -use trail and a scenic easement. Sufficient right-of-way width exists along the frontage of the site. The site will only be allowed one access from Salem Road. The location of the single access shall be Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use — 73 / 293 on 5,500 13,600 Sunday Salem Road ADT' ADT' Proposed Land Use 3-137/549 on Sunda Average Daily Trips ' as defined by a Church 'as defined by a Church Public Utilities Water: The site is served by well water. Health Department approval for the additions shall be obtained. Sewer: The site is served by a septic system. Health Department approval for the additions shall be obtained. 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 their pertain to this site. CHRISTIAN CHAPEL Agenda Item # 7 Page 9 Fire and Rescue: Fire code permits will be required at the time of occupancy. The applicant should contact the Fire Department for further information. Fire lanes may be required after occupancy. Fire hydrants shall be located within 400-feet of a commercial structure. CHRISTIAN CHAPEL Agenda Item # 7 Page 10 u: )=Xh1�31tS Exhibit A Aerial of Site Location CHRISTIAN CHAPEL Agenda Item # 7 Page 11 M Exhibit E Proposed Sit( Plar CHRISTIAN CHAPEL Agenda Item # 7 Page 12 r. r < r '.•:�CYis9lx -�.�� Mti Exhibit B-2 Proposed Site Plan (DETAIL) CHRISTIAN CHAPEL Agenda Item # 7 Page 13 11 Exhibit C Proposed Building Elevation CHRISTIAN CHAPEL Agenda Item # 7 Page 14 Exhibit C-2 Proposed Building Rendering CHRISTIAN CHAPEL Agenda Item # 7 Page 15 Exhibit C-3 Proposed Building Rendering CHRISTIAN CHAPEL Agenda Item # 7 Page 16 9 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a CORPORATION, fist all officers of the Corporation below: (Attach { list if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) .. r'V:'%?_Ef' i ❑ Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization, If the applicant is not the current owner of the property, complete the Property owner Disclosure section below: PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) , If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) I i ❑ Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. ! CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 36 days prior to the scheduled public hearing according to the instructions in this package. Applicants Sipraiure Print Name Property owner's Signature ((f tli5erant than applicant) Print Name Corzhcna+Use Permit nF9v:oat cn Page 10of 10 Re', se, r, U2003 Exhibit D Disclosure Statement CHRISTIAN CHAPEL Agenda Item # 7 Page 17 DEPARTMENT OF THE NAVY NAVAL AIR, STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH. VIRGINIA 23 6D-2168 Ms. Faith Christie City of Virginia Beach Department of Planning 2405 Courthouse Drive Building 2, Room 100 Virginia Beach, VA 23456-9040 Dear '-Is. Christie: Exhibit E Supplemental Information IN REPLY REFER TO. 5126 Ser 32 / 0432 November 17, 2003 Thank you for the opportunity to review the Conditional --'se Permit Application by Christian Chapel Assembly of God. The Navy's Air Installations Compatible Use Zones (AICUZ) Program considers the proposed expansion of their facility on Salem Road not compatible with airfield operations. This site is located approximately five miles southwest of Naval Air Station (NAS} Oceana and three miles north of Naval Auxiliary Landing Field (NALF) Fentress in the greater than 75 decibel idB) day -night average (Ldn) noise zone. There are several key flight tracks that pilots use to navigate to and from NAB Oceana and NALF Fentress that concern us as does the size of the expansion. NALF Fentress Field Carrier Landing Practice pattern affects this area as do overhead arrivals, and inter -facility arrivals and departures to and from NALF Fentress that fly directly over this property. We are not in agreement to exposing an expanded congregation to flight operations. The multi -purpose building that includes the church sanctuary, classrooms and nursery are subject to high single event noise levels. An F/A-18 Hornet in landing configuration at 10C^u feet has a sound exposure level of 109 decibels and an F/A-18 Super Hornet is expected to be 1-14 decibels. These are the 'revels that will be typical for aircraft on late night straight in arrivals from NALF Fentress. At an altitude of 1500 feet on an instrument approach the Hornet has a sound exposure lever of 106 decibels and the Super Hornet is 110 decibels. The sound exposure level represents both the intensity of sound and its duration. So, for an aircraft flyover it includes both the maximum, and lower decibel 'levels and is representative of the entire event. In comparison, the noise environment of a rock music concert is approximately 110 decibels. NAS Oceana and NALF Fentress are 24-hour facilities. CHRISTIAN CHAPEL Agenda Item # 7 Page 18 Exhibit E-2 Supplemental Information 5726 Ser 32/0432 November 17, 2003 The Navy acknowledges the landowners' desire to develop their property, but I urge you to deny their request. If you have any questions, please contact my Community Planning Liaison Officer, Mr. Ray Firenze at (757) 433-3158. rely and very respect£u11v, T. U . Navy Officer Copy to: COMNAVREG N.IDLANT ±00/NO2B) LANTCIV Regional Engineer, Oceana Mayor Meyera Oberndorf Virginia Beach City Council Virginia Beach Planning Commission CHRISTIAN CHAPEL Agenda Item # 7 Page 19 Item #7 Christian Chapel Assembly of God Conditional Use Permit 2751 Salem Road District 7 Princess Anne March 10, 2004 REGULAR Dorothy Wood: The next item is the Christian Chapel Assembly of God. It's a Conditional Use Permit for church expansion. Is there someone here representing the Christian Assembly? Hello sir. Chandler Talbert: My name is Chandler Talbert. I'm a Trustee at Christian Chapel. Dorothy Wood: Thank you Mr. Talbert. Can you tell us about what you're doing? Just a little bit please. Chandler Talbert: Yes. Christian Chapel has been on Salem Road for a number of years. We built there originally on undeveloped land. We've grown. Our congregation has grown, and we have basically outgrown our building. We just want to expand. Dorothy Wood: That's a good thing isn't it? Chandler Talbert: It's a very good thing. Dorothy Wood: Are there any questions? Robert Miller: At one time, I think we had some information that perhaps there was a school at the site? Is there no school at that site at this point? Chandler Talbert: No sir. The school didn't materialize. It couldn't get enough children to commit to come to the school. It was going to be a pre-school. It just didn't pan out. Robert Miller: How many parishioners do you have right now? Chandler Talbert: About 200. I think that's average attendance. Robert Miller: Okay. Dorothy Wood: Mr. Crabtree? Eugene Crabtree: One sheet is says it's a Conditional Use Permit for parking lot and then in the proposed project it talks about building new construction. Are you doing just the parking lot or are you requesting additional buildings? Item #7 Christian Chapel Assembly of God Page 2 Chandler Talbert: I don't know what you were looking at. I was looking at what was in the agenda item. It's for a building. It's a three-phase project. Eugene Crabtree: I saw that in one. And on one sheet that I have that staff gave us says it's for a parking lot. In addition to additional spacing and you be building new construction? Chandler Talbert: Yes sir. Dorothy Wood: Thank you. Are there any other questions? Thank you sir. Chandler Talbert: Thank you. Dorothy Wood: Thank you very much for coming. Is there any opposition? Joseph Strange: In opposition, we have Bobby Rountree representing the U.S. Navy. Dorothy Wood: Welcome Bobby. It's always good to have you with us. Bobby Rountree: Good afternoon. My name is Bobby Rountree. I'm here representing NAS Oceana. With regard to the proposal, I pulled from the Planning Department, the proposal states that the proposed building will contain a sanctuary for seating of 500 members, new restrooms, a nursery area, and it will also contain classroom space and an audio/visual room. That is what I'm here to talk about this afternoon, not just a parking lot. I'm here on behalf of the Navy, more importantly, the future additional members of this congregation that do not have the ability to come here today. I'm speaking in opposition of the planned expansion. The proposed site is located approximately 5 miles southwest of Oceana, three miles north of Fentress in the greater than 75 decibel noise zone. As you know, it's on the western side of the transition, which is under the main thoroughfare to and from Ocean's Runway 5. It's also in the vicinity of F. Donald Reid and VA -CAR Developments, which have recently come through here. Runway 5 has accounted for 42 percent of our 201,000 operations in 2003. Aircraft on approach to that runway come through there at about 1,000 feet at 108 decibel's F-18, using the current model we have here, 114 decibels soon to be this fall, and when they soon will be arriving at Oceana and operating out of that installation. If you break down the proposal, the classroom space, which is part of it is in the greater than 75 decibel average noise level, which is incompatible with the Navy's AICUZ program, as is a nursery or daycare center. We ask that you please consider our concerns on your way to the recommendation to Council, and we do view further development in this area as incompatible for the mission of NAS Oceana. Thank you. Dorothy Wood: I think he was talking about the daycare on Sunday mornings. It's not a school. Did you realize that? Bobby Rountree: Yes. Item #7 Christian Chapel Assembly of God Page 3 Dorothy Wood: And, also I believe that he really hadn't noticed any flights going over on Sunday mornings. Bobby Rountree: It seems that anyone that comes here with a proposal doesn't happen to notice the aircraft in recent months. Dorothy Wood: Are there any questions? Mr. Miller? Robert Miller: Mr. Rountree, in your guidelines under your instruction, obviously this is a Use that you have identified as one that is not compatible in your AICUZ areas? Bobby Rountree: Yes sir. Robert Miller: In any AICUZ area or in any noise zone? Bobby Rountree: In the greater than 75 decibel is what I researched this morning before coming here today. Robert Miller: Would it be applicable in another? Bobby Rountree: I would have to research that. I don't want to shoot off. Robert Miller: And, since this land owner already has this church and has been here for some period of time, you would always looking at your notes if there is another land use you would certainly encourage that, what land use would you encourage at this site? Bobby Rountree: There is probably in the vicinity of 40-50 compatible land uses per the AICUZ instruction. I would recommend any one of those would be highly supported by NAS Oceana. Robert Miller: So, NAS Oceana would actually recommend another land use for this church site? Bobby Rountree: Certainly. Robert Miller: And not a church? Bobby Rountree: The existing church is there. The pre-existing non -conforming land use, a term you are all very familiar with, and it's there. There is nothing we can do about that. A decision was made at some point in time, but the future exposure of congregation and again, I know it's predominately in the Sunday morning time frame, historically Oceana doesn't operate heavily during that time of day. The one thing we don't know is how it is going to play out in the future, is the Navy's new fleet ratings plan in response to war on terror. National Command Authority Tasking could change the way that installation runs on any given day and could start impacting members of the Item #7 Christian Chapel Assembly of God Page 4 congregation in the morning. It also says there would be some Wednesday evening prayer and children club from 6:30 to 9:00, which is a predominately pretty busy time historically for Oceana/Fentress. Robert Miller: So, what you would say is that you would recommend the existing church stay the way it is and not grow or expand? Bobby Rountree: Yes sir Robert Miller: Thank you. Dorothy Wood: Are there any other comments? Ronald Ripley: My questions are along the same line. The exact question that I was going to ask is what other land use would you put there? You've answered by saying the existing use is appropriate that's there. Did you not say that? Bobby Rountree: We wouldn't ask them to move their existing facility. Ronald Ripley: But you're objecting to them expanding slightly? Bobby Rountree: Yes sir. It's the increase of the density of the people that is the concern of the Navy. Exposing them to the excessive noise and/or the accident potential zones historically where the aircraft operate close to the airfield. As you are all aware, anywhere basically inside of their traffic pattern to and from Oceana there is potential or mishap, however small, and that's the concern that we have. It's the concentration of people and increasing that concentration. Dorothy Wood: Mr. Rountree, when a church has a certain number of people normally, they join a church perhaps not because of a new building but because of other reasons. Do you think they would have more members because they built another or that their present members would be more comfortable? Bobby Rountree: I don't think I'm in a position to answer that. If they would grow or not, I can't answer that. Dorothy Wood: Any other questions? Bob? Robert Miller: It's going to sound like I'm picking on you and to some extent it does but it's probably not new to you, unfortunately. On Oceana, are there chapels on Oceana? Bobby Rountree: Yes sir. Robert Miller: Are any of them new? Item #7 Christian Chapel Assembly of God Page 5 Bobby Rountree: Not that I'm aware of. Robert Miller: Any of them going to expand? Bobby Rountree: Not that I'm aware of. Robert Miller: Ever? Bobby Rountree: There's no current plans to expand any chapel on Oceana or Dam Neck. Robert Miller: As you increase the number of people at Oceana, it would seem like that's in the realm of possibilities, that facilities on the base would have to be expanded. Bobby Rountree: If that was the case. But the population of Oceana is going to decrease under East Coast base. I know the Super Hornet by almost 3,000 personnel reduction. Robert Miller: So, we're not going to have any expansion on Oceana of housing or commissaries? Bobby Rountree: Commissary recently completed all the installation. Robert Miller: It's the AICUZ zone isn't it? Bobby Rountree: It's in the high noise zone. Yes sir. Robert Miller: It seems like we have a land owner here who has certainly some vested rights, and it seems a little bit tough on those folks to say, "well, you got a nice church and you're allowed to have the same number of people you have right now, but you have to go out in our community, the quality of life, we would certainly encourage, and that is part of the quality of life that you can't come here. You have to go somewhere else outside the AICUZ to go to church. Bobby Rountree: It's a tough decision. I'm glad you're making it and not me. I'm just making a recommendation. Robert Miller: I'm just amazed that you're making the recommendation. Dorothy Wood: Are there any other comments Mr. Rountree? Bobby Rountree: No ma'am. Dorothy Wood: Thank you so much for coming. Sir, would you like to come back up? Do you have any other comments sir? Item #7 Christian Chapel Assembly of God Page 6 Chandler Talbert: I'd just like to say that we've been there ten years and we've never had one complaint at all about noise. Planes do fly over there on Sunday. Actually, I think our worship service is louder. Dorothy Wood: Than the plane? Chandler Talbert: Yes. Robert Miller: Maybe you're bothering the planes. Chandler Talbert: I understand the Navy's position. Dorothy Wood: Certainly, they all support the Navy. Janice Anderson: Excuse me. Dorothy Wood: I'm sorry. Jan? Janice Anderson: Just curious. Your congregation, is that mainly from the area surrounding your church out there on Salem Road? Chandler Talbert: No it's not. We have people from Suffolk that come to our church. Of course, I think the large portion is within a five -mile radius. Janice Anderson: Thank you Chandler Talbert: I did want to state to that quite a few of our people, including myself, are retired military. Our pastor is retired military. Dorothy Wood: Thank you sir. Are there any other comments? Any discussion? Robert Miller: I'm at a loss to vote against it. I think the church has rights to be able to use the property. I think we certainly won't incur that aspect of our quality of life in our City. I believe the Navy would certainly endorse that and I don't imagine that Congress of the United States or anyone else being against Freedom of Religion in the United States of America. And, I think you all have a very nice plan. The plan looks like a very complete plan. It has been well thought out. It looks well designed. It certainly looks like the type of facility that I would encourage anywhere in our City including at this location. I'm not going to take away your rights to be able to use your property. I'd make a motion that we approve this. Dorothy Wood: Do I hear a second? Ron? Ronald Ripley: I'll make a second. I'd like to comment too. Item #7 Christian Chapel Assembly of God Page 7 Dorothy Wood: Certainly. Ronald Ripley: In this instance, and the way I viewed this is it's a redevelopment of an existing use. It's an expansion of a use that's been there for along time. It's not like we're adding a new use to this area. This is a sensitive time that we're in because obviously were trying to forge a new understanding with Oceana, and we're right in the throws of that, and we certainly don't want to offend our folks from Oceana. In this instance, this is an existing use. It's a slight expansion to meet a need within the community. I think it's appropriate to approve this also. Dorothy Wood: Thank you. Are there any other comments? Joe? Joseph Strange: I agree with Ron. I would say that on a scale of 1 to 10 if you were going to approve something that may be would object to that this would probably be a one rather than top of scale there. So, in the interest of trying to find some type of valid between the landowner and the Navy, I think this would be an appropriate time to tie with the landowner. Dorothy Wood: Perhaps it's a pebble rather than a boulder? Joseph Strange: I think that would be a good analysis. Dorothy Wood: Are there any other comments? Eugene Crabtree: I'm tom between the two to support the stand of the U.S. military and Department of Defense and the church at the same time. With all of the ongoing studies and everything that is going on in the area at the present time and not knowing what the results of some of them are going to be in the future, I'm rather reluctant to pass this on to City Council and have it come back to us again at a later date because of some action. I find it difficult to approve it at this time. I'm not against the church expanding or the parking lot but at this incurred time, I'm reluctant to approve it. Dorothy Wood: Thank you. Is there anybody else? We had a motion by Mr. Miller am a second by Mr. Ripley that we approve the expansion of Christian Chapel Assembly of God. AYE 10 NAY 1 ANDERSON AYE CRABTREE NAY DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE ABS 0 ABSENT 0 Item #7 Christian Chapel Assembly of God Page 8 RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote 10-1, the application of Christian Chapel Assembly of God has been approved. Dorothy Wood: Thank you very much sir for coming. CHRISTIAN Our Cities - -iorn Conant m Senior Pastor CDur Field (Doug Crabb w Spiritual Life Pastor John 4:33 Adrian Schooninaker , Student kiinistries Pastor CHAPEL February 2, 2004 Ms. Faith Christie City of Virginia Beach Department of Planning 2405 Courthouse Drive Building 2, Room 100 Virginia Beach, VA 23456-9040 Dear Ms. Christie, I have read over the letter received by your office from the commanding officer of NAS Oceana regarding our Conditional Use Permit Application which recommended denial of our request. I would like to offer some insights that may be pertinent. Firstly, Christian Chapel has served the community of Virginia Beach at the same location on Salem Road for over eleven years. During that time there has never once been a time when the "sound of freedom" from Navy jets has interfered with or bothered any service or event. We have never received any complaint of noise causing distress for any of our members. We have never had to interrupt a class session or sermon due to high jet noise. It has simply NEVER been an issue. Secondly, our largest public gatherings are on Sunday morning. Having served in the Navy, it is my understanding that flight operations (for training) are not conducted at that time. In fact, I cannot recall ever hearing a jet fly over on Sunday mornings. In addition, Christian Chapel is not a 24-hour facility. Late night flight operations have no bearing on our congregation since no one is here at that time of day. Thirdly, the increase of noise level with the arrival of the F/A-18 Super Hornet is only 5 decibels above current levels. If we have not been bothered up to this point, 5 decibels more will not make a difference. Finally, the volume of music during our services of praise and worship very likely approaches that of a rock music concert and we probably would not notice a jet flying over anyway. .°i d97if i &1 d➢i qurW. Christian Chapel serves a vital need in our community among civilians and navy personnel alike. In order to serve a growing community we must grow. Our congregation includes a large percentage of active duty and retired military members. We support the Navy's need for training and applaud their efforts to keep pilots at a high level of readiness. We would never request any changes to their flight operations schedules nor deny the Navy its use of local airfields. Because of this and the reasons stated above, we disagree with the assertion that expansion of our facilities is not compatible with airfield operations. We understand the Navy's desire to limit noise exposure in residential areas and note with pleasure that the Virginia Beach City Council is working closely and purposefully with the Navy to find a solution that meets both the Navy's and the city's needs. Your concern and hard work is deeply appreciated. Please add this to the file containing our Conditional Use Permit Application. If you have any questions, please contact me at (757) 427-9371. Held by III Grace, Rev. Tom Conant, Pastor Copy to: Mayor Meyera Oberndorf Virginia Beach City Council Virginia Beach Planning Commission r' o R-5[9' Zoning History C-10 Gene F o Scale J c°N /X r` p VF ALl l� 0 L O ) ,All/ / J 0-2 Conditions In. 1 08/08/00 Change of Zoning from R-7.5 to A-12 Granted 2 03/26/00 Change of Zoning from B-2 & R-7.5 to Conditional Granted B-2 3 12/07/99 Conditional Use Permit for Automobile Rentals Granted 4 11/08/94 Conditional Use Permit for Carwash Granted 5 10/11/94 Change of Zoning from R-51D to 0-1 Granted 6 09/24/91 Change of Zoning from R-6/13-2 & 0-1 to B-2 Granted 7 02/26/91 Change of Zoning from R-6/13-2 & 0-1 to B-2 Granted r�at.^......�,, , °s s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Gene Feuerhahn — Modification of Conditions for Ontario Development, Inc. approved by City Council on October 26, 1987 MEETING DATE: July 13, 2004 ■ Background: An Ordinance upon Application of Gene Feuerhahn for a Modification of Conditions for a Conditional Use Permit for an automobile repair establishment approved by City Council on October 26, 1987 (Ontario Development, Inc.). The property is located at 5225 Indian River Road (GPIN 14653796460000). DISTRICT 1 — CENTERVILLE ■ Considerations: A Conditional Use Permit allowing the existing automobile repair establishment was approved by City Council on October 26, 1987, with seven (7) conditions. The applicant now proposes to modify the Conditional Use Permit to allow the construction of a new auto repair building behind the existing building and to construct an additional parking area. The new building will be situated along the western edge of the property with the rear of the structure facing the undeveloped portion of the rear of an adjacent lot also being used for auto repair. The building will match the materials and colors of the existing building. The rear property line, which is currently open to the parking lot of the restaurant to the south, will be landscaped with a row of shrubs to create a physical barrier and to screen the auto repair from view. Planning Commission placed this item on the consent agenda because it is the expansion of an existing use and is compatible with the surrounding area. There was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request, with the following conditions: Gene Feuerhahn Page 2 of 2 1. All conditions attached to the Conditional Use Permit granted by the City Council on October 26, 1987 remain in effect. 2. The site shall be developed substantially as shown on the submitted site plan entitled "Auto Care Center 5225 Indian River Road Preliminary Site Plan" prepared by The Spectra Group dated 4/14/04. 3. The exterior of the proposed building shall be substantially as shown on the submitted building elevation entitled "Maintenance Facility for Gene Feuerhahn" prepared by Andre Marquez Architects dated March 25, 2004. 4. All auto repair must take place inside the building. 5. No outside storage of equipment, parts, or materials shall be permitted. 6. All junk, debris, parts, old tires or other discarded items must be removed from the site. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: C10-211-CUP-2004 GENE FEUERHAHN ,,ri Agenda Item # 5 June 9, 2004 Public Hearing Staff Planner: Karen Prochilo 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: LOCATION GPIN: COUNCIL ELECTION DISTRICT: Modification of a Conditional Use Permit for an automobile repair establishment on October 26, 1987. Property located 5225 Indian River Road. 14653796460000 1 - CENTERVILLE 8 GENEtFEUERHAHN Agenda Item'# 5 Page 1 SITE SIZE: 1.44 acres EXISTING LAND USE: The property is zoned B-2 Business District. SURROUNDING • Across Indian River Road is retail / B-2 Business LAND USE AND North: District ZONING: South: • Restaurant / B-2 Business District East: • Law office, carwash / B-2 Business District • Automobile repair, car rental, retail / B-2 Business West: District NATURAL RESOURCE AND CULTURAL FEATURES: This property has no significant natural resources or cultural features. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. f A Conditional Use Permit allowing the existing automobile repair establishment was approved by City Council on October 26, 1987. The Conditional Use Permit had seven (7) conditions: 1. Dedication of 12 feet of right-of-way along Indian River Road to provide for an 8 lane divided arterial as per the Master Street and Highway Plan. 2. Only one curb cut along Indian River Road will be permitted. 3. Lighting shall be directed onto the facility itself. 4. Category I screening shall be utilized on the south and eastern portion of the property as depicted in the site plan. 5. There shall be an oil separator inside the building to catch all drainage from all the shops on the interior of the building. The exterior drainage system on the property shall be directed to the front of the property, which will also have an oil separator. 6. The facility shall be split beige block and a brown roofline GENE_FEUERHAHN Agenda Item# 5 Page 2 7. *A deed restriction has been filed between the applicant and the Lake Christopher Homeowners Association stating: "No use shall be made of the property by the owner, its tenants, successors or assigns, which will cause any material hazardous to humans, animals, or plant life (liquid or solid) to be introduced into the ground or offsite drainage system." (*This deed restriction is not between the City and the applicant and therefore not enforceable by the City.) The applicant proposes to modify the Conditional Use Permit to allow the construction of a new auto repair building behind the existing building and to construct additional parking area. The building will be situated along the western edge of the property with the rear of the structure facing the undeveloped portion of the rear of a lot also being used for auto repair. The building will match the materials and colors of the existing building. The rear property line, which is currently open to the parking lot of the restaurant to the south, will be landscaped with a row of shrubs to create a physical barrier and to screen the auto repair from view. R Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Compatibility with the existing site development • Consistency with the uses in the surrounding area and the Comprehensive Plan. Comprehensive PlI l The Comprehensive Plan Map designates this area as part of the Primary Residential Area. The Comprehensive Plan Policy document indicates the area reinforces the suburban characteristics of commercial centers and other non-residential areas within it. GENE FEUERHAHN Agenda Item # 5 Page 3 Limited commercial activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non- proliferation of such activities. �. Staff • Staffs 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 proposed building is designed to be similar in design to the existing building; therefore, when the proposed construction is completed, the transition between the existing and new will be seamless. (2) The additional landscaping and fencing along the property lines should ensure and improve the compatibility of this use with the surrounding properties. The continuance of the conditions attached to the 1987 use permit will also ensure that this use remains compatible, particularly to the nearby residential areas. Staff, therefore, recommends approval of this request subject to the following conditions. Conditions 1. All conditions attached to the Conditional Use Permit granted by the City Council on October 26, 1987 remain in effect. 2. The site shall be developed substantially as shown on the submitted site plan entitled "Auto Care Center 5225 Indian River Road Preliminary Site Plan" prepared by The Spectra Group dated 4/14/04. 3. The exterior of the proposed building shall be substantially as shown on the submitted building elevation entitled "Maintenance Facility for Gene Feuerhahn" prepared by Andre Marquez Architects dated March 25, 2004. GENE-FEUERHAHN Agenda Item# 5 Page 4 4. All auto repair must take place inside the building. 5. No outside storaqe of equipment, Darts, or materials shall be permitted. 6. All funk, debris, parts, old tires or other discarded items must be removed from the site. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the buildin 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. GENE FEUERHAHN Agenda Item # 5 Page 5 1 2 3 4 5 6 7 Map C-10 Not to scale �R MM •• -ON 0 - • • Zoning History Feuerhahn DATE IREQUEST IACTION 08/08/00 Change of Zoning from R-7.5 to A-12 Granted 03/26/00 Change of Zoning from B-2 & R-7.5 to Conditional B-2 Granted 12/07/99 Conditional Use Permit for Automobile Rentals Granted 11/08/94 Conditional Use Permit for Carwash Granted 10/11/94 Change of Zoning from R-51D to 0-1 Granted 09/24/91 Change of Zoning from R-6/13-2 & 0-1 to B-2 Granted 02/26/91 Change of Zoning from R-6/13-2 & 0-1 to B-2 Granted- GENEFEUERHAHN Agenda Item # 5 Page, 6 Public Agency Comments Public Works Storm water: Storm water runoff rate limited to predevelopment levels. Master Transportation The Master Transportation Plan (MTP) Map indicates Indian River Road in the vicinity of this proposal as a 155' divided road with Plan: controlled access. The MTP Map also indicated major intersection improvements for the intersection of Indian River Road and Kem sville Road. Traffic Calculations: Street Name Present Present Generated Volume Capacity Traffic Existing Land Indian River , 54,000 ADT 48,200 ADT Use - 203 Proposed land Road use - unchanged. Average Daily Trips Public Utilities Water: There is a 16-inch City water main in Indian River Road fronting the site. This site has an existing water meter, which may be used or upgraded. Sewer: There is a 42-inch Hampton Roads Sanitation District sanitary sewer force main in Indian River Road fronting the site. City gravity sanitary sewer is not available to this site. This site is currently utilizing septic systems. Health Department approval is required for use of septic systems for proposed buildings. If existing septic systems are not suitable for proposed conditions, a private grinder pump and force main may be an option. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for GENE'FEUERHAHN Agenda Itemi# 5 Page 7 crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: I Fire lanes may be required after occupancy. Storage of vehicles shall not obstruct fire department access to structure. Fire Code permits required at time of occupancy, contact the fire department for permit information. Fire hydrant shall be within 400 foot of commercial structure. Storage of hazardous, flammable or combustible materials on -site shall be within the scope of the Virginia Statewide Fire Prevention Code and NFPA. GENEFEUERHAHN Agenda Item # 5 Page, 8 P' k �j'1: ! q T 000" �R « H? z !\ , �§ �� ! Exhibit Proposed Site Plain ! GENE--FEUERHAHN /\ Agenda b%t5 \ » : mg 11 w » Exhibit C Existing Site Plan %:. Rj (y�(yyy2� WIN Exhibit D Proposed Building Elevation H z J = LL W Z LwL � o m ri h}; z z ' ti rj w to N CC z � r > GENE_FEUERHAHN Agenda Item # 5 Page 13 NOUYXIddY IMHd laaaUNOLLKI 03 rz W Q y D N Q U N a f IJ $w s p 8 g s $ I ag Eli lie j F 'a€ t �.lQ9wa(Z' �K 4Fa aT sp •g g_ �•$ Fr� ? ..��� 3 S sfi'�S �bfigN g '�s r 'i i M i b $yyyayg 3 ¢ I E o v ri `6 'qq" Oz€ <§2qfR y SC • O'M .CE U tw tji n. t w— $ 2 Eg « y33 3q$$ M VO I IS �'tl is fU'1 z N E3 UL d IJLL s tY Exhibit E Disclosure Statement I Ma iTIdd� ��d da MOI�IQi�IO3 GENE_FEUERHAHN Agenda Item # 5 Page 14 Item #5 Gene Feuerhahn Modification of Conditions 5225 Indian River Road District 1 Centerville June 9, 2004 William Din: The next item is Item #5 Gene Feuerhahn. This is a Modification of Conditions for a Conditional Use Permit for an automobile repair establishment that was previously approved by City Council. The property is located at 5225 Indian River Road in the Centerville District. Eddie Bourdon: Eddie Bourdon representing the applicant. The conditions are acceptable. I do want to mention and think it was handed out some new conditions, 4, 5 6&7. William Din: Correct. Eddie Bourdon: There's a typographical on number 7. The fourth word should be "of' not "if'. We'll accept the conditions. I've always got a concern about the no outside storage of vehicles. Part of it is that if a vehicle is park outside for 3 or 4 hours, is that storage? I'm very comfortable with the way the Zoning Administrator interprets it. I am comfortable with that so we'll live those conditions. William Din: Thank you Mr. Bourdon. Is there any opposition to this item? If not, Mr. Crabtree will explain this for the record. Eugene Crabtree: Once again we felt that the addition to the additional repair bays that they are going to put in there and the landscaping that they're going to do around this what is currently an open lot that faces back on some other business with a fence is going to improve the aesthetic value of this greatly. The addition of the building will not increase any undo strain on the adjacent neighborhood. This is in keeping with that area. The building will fit into what is there already. We felt like this was an appropriate use for this property and we recommend it go on the consent agenda. William Din: Thank you Gene. Ms. Wood, I would like to make a motion to approve Item #5, Gene Feuerhahn with seven conditions. Eugene Crabtree: I'll second it. Dorothy Wood: Thank you. With a motion by Mr. Din and seconded by Mr. Crabtree. AYE 10 NAY 0 ABS 0 ABSENT 1 Item #5 Gene Feuerhahn Page 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0, the motion passes. ABSENT # DATE I REQUEST ACTION 1 12-11-01 Conditional Use Permit (Communication Tower) Approved 2-11-97 Conditional Use Permit (Communication Tower) Approved 2 4-11-00 Subdivision Variance Approved 3 3-26-96 Subdivision Variance Approved 4 10-9-01 Subdivision Variance Approved 5 3-22-94 Subdivision Variance Approved 3-26-91 Rezoning (R-10 Residential to A-18 Apartment) Withdrawn 6 9-10-02 Conditional Use Permit (Automobile Repair, Approved Painting, Restoration) 10-23-01 Conditional Use Permit (Automobile Repair, 11-10-98 Painting, Restoration) and Bulk Storage Approved 5-27-97 Rezoning (Conditional B-1 Business and Conditional AG-1 Agricultural to 1-1 Light Approved Industrial) Rezoning (1-1 Light Industrial to Conditional B-1 Business and Conditional AG-1 Agricultural) and Approved Conditional Use Permit (Animal Hospital) 0 l�yryi A = CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Heritage Investments, L.L.C. — Change of Zoning District Classification (B- 2 Community Business District and R-10 Residential District to Conditional 1-1 Light Industrial District) MEETING DATE: July 13, 2004 ■ Background: An Ordinance upon Application of Heritage Investments, L.L.C. for a Change of Zoning District Classification from B-2 Community Business District and R-10 Residential District to Conditional 1-1 Light Industrial District on property located at 596 South Birdneck Road (GPIN 24164870850000). The Comprehensive Plan designates this site as being within Strategic Growth Area 8 / East Oceana Area. DISTRICT 6 — BEACH ■ Considerations: The applicant wishes to rezone the site from B-2 Business and R-10 Residential to Conditional 1-1 Light Industrial for the purpose of developing the site with a private industrial -type laundry facility that will service several hotels at the Oceanfront Resort Area. A portion of the building will also be used for storage of miscellaneous hotel items. The submitted conceptual site plan depicts a 20,000 square foot building, with 3,000 square foot devoted to office space and 17,000 square foot delineated for laundry and storage purposes. The front and side yards will be landscaped with the exception of the proposed entrances from Birdneck Road and Bells Road, and two loading areas. Parking is depicted to the rear of the site. A 25-foot landscape buffer with Category II screening is depicted adjacent to the residentially zoned properties. The proposed building is two stories in height with a mezzanine. The proposed building is white stucco and metal siding with a green metal roof. The proposed use is consistent with the recommendations of the Comprehensive Plan Map for the area. The design of the building meets the criteria for the Strategic Growth Area recommendation of low-rise light industrial uses. The request is compatible with NAS Oceana airfield operations. Heritage Investments Page 2 of 2 Staff recommended approval. There was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 with abstention to approve this request, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: City Managerc::�9VW-Q6 Planning Department* L07-214-CRZ-2003 s; HERITAGE INVESTMENTS, L.L.C. Agenda Item # 1 June 9, 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. Location and General Information REQUEST: Change of Zoning District Classification from B-2 Community Business District and R-10 Residential District to Conditional 1-1 Light Industrial District LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Property located at 596 Birdneck Road 24164870850000 6-BEACH 41.a Conditional Zoning from B2 and R-10 to 1.1 HERITAGE INVESTMENT Agenda Item # 1 Page 1 SITE SIZE: 1.7 ACRES EXISTING LAND USE: Vacant, undeveloped property SURROUNDING . Vacant, undeveloped property and Single -Family LAND USE AND North: Dwellings / B-2 Business and R-10 Residential ZONING: . Bells Road • Across Bells Road is undeveloped, wooded South: property / R-10 Residential East: • Single -Family Dwellings / R-10 Residential West: • Office -Warehouse / 1-1 Light Industrial NATURAL RESOURCE AND CULTURAL There are no significant natural resources or cultural features FEATURES: associated with the site. AICUZ: The site is in an AICUZ of greater than 75dB Ldn surrounding NAS Oceana. The United States Navy's Air Installation Compatible Use Zone Program considers this type of use compatible with airfield operations. The applicant wishes to rezone the site from B-2 Business and R-10 Residential to Conditional 1-1 Light Industrial. He then proposes to develop the site with a private industrial type laundry facility that will service several hotels at the oceanfront. A portion of the building will also be used for storage of miscellaneous hotel items. The submitted conceptual site layout plan depicts a 20,000 square foot building, with 3,000 square foot devoted to office space and 17,000 square foot delineated for laundry and storage purposes. The front and side yards will be landscaped with the exception of the proposed entrances from Birdneck Road and Bells Road, and two loading areas. Parking is depicted to the rear of the site. A 25-foot landscape buffer with Category II screening is depicted adjacent to the residentially zoned properties. HERITAGE: INVESTMENT Agenda Item # 1 Page; 2 The proposed building is two -stories in height with a mezzanine. The proposed building is white stucco and metal siding with a green metal roof. The following represent the significant issues identified by the staff concerning this request. Staffs 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. Compatibility with NAS Oceana airfield operations. Compatibility with surrounding residential properties. rC Comprehensive Plan The Comprehensive Plan Map designates this area Of the city as Strategic Growth Area 8 / East Oceana Area. This area encompasses the property generally located on both sides of Bells Road between Ocean Boulevard and Birdneck Road. Much of the area is constrained by floodplain, high noise and accident potential zones. It is however suitable for low rise light industrial uses. z.,. 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 HERITAGE INVESTMENT Agenda Item--# 1 Page 3 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. PROFFER # 1 When developed, the Property shall be developed for uses in the 1-1 District, along with accessory parking and other accessory site features, with the exception of the following uses, which are otherwise permitted in the 1-1 District: (a) Airports, heliports and helistops, (b) Bingo Halls, (c) Borrow Pits. Staff Evaluation of The proffer is adequate. it insures some of the more Proffers: intrusive or undesirable uses that would otherwise be allowed in the 1-1 Industrial District will be prohibited. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated February 24, 2004, and found it to be legally sufficient and in acceptable legal form. EvaluationStaff Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are (1) The proposed use is consistent with the recommendations of the Comprehensive Plan Map for the area. The design of the building meets the criteria for the Strategic Growth Area recommendation of low-rise light industrial uses. (2) The proposed use is compatible with NAS Oceana airfield operations. HERITAGE INVESTMENT Agenda Item.# 1 Page 4 (3) The proposed use is compatible with the surrounding uses. The lot to the north and to the east are zoned B-2 Business District. Category II screening, which provides a 25-foot buffer area, is proposed adjacent to the residential areas. Across Birdneck Road exist light industrial uses. Staff, therefore, recommends approval of this request. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all HERITAGE INVESTMENT Agenda Item,# 1 Rage 5 Supplemental Information Zoninq History 1 12-11-01 Conditional Use Permit (Communication Tower) Approved 2-11-97 Conditional Use Permit (Communication Tower) Approved 2 4-11-00 Subdivision Variance Approved 3 3-26-96 Subdivision Variance Approved 4 10-9-01 Subdivision Variance Approved 5 3-22-94 Subdivision Variance Approved 3-26-91 Rezoning (R-10 Residential to A-18 Apartment) Withdrawn HERITAGE] NVESTMENT Agenda Item # 1 Page 6 6 9-10-02 Conditional Use Permit (Automobile Repair, Painting, Approved Restoration) 10-23-01 Conditional Use Permit (Automobile Repair, Painting, 11-10-98 Restoration) and Bulk Storage Approved 5-27-97 Rezoning (Conditional B-1 Business and Conditional AGA Agricultural to 1-1 Light Industrial) Approved Rezoning (1-1 Light Industrial to Conditional B-1 Business and Conditional AGA Agricultural) and Conditional Use Permit (Animal Hospital) Approved Public Agency Comments Public Works Master Transportation Birdneck Road in front of this site is a Minor Arterial Plan (MTP): roadway. Capital Improvement Program Project 2-149 will widen the roadway from its current two lanes to four lanes. Currently staff is proceeding with the right-of-way acquisition process, and construction is scheduled to start in December 2006. Once the CIP project is complete, the proposed entrance on Birdneck Road will only allow for right -in and right -out movement. A median opening will not be permitted due to the proximity of Bells Road. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic 18,711, 13,600 Existing Land Use Birdneck Road ADT' ADT' — 14,760 Future Capacity 28,200 ADT Proposed Land Use 3-99 Average uany Trips ' as defined by the existing B-2 Business and R-10 Residential Zoning ' as defined by Office -Warehouse Public Utilities Water: An eight -inch and a twelve -inch water main are located in Birdneck Road in front of the site. A ten -inch water main exists in Bells Road. The site must connect to City water. HERITAGE -INVESTMENT Agenda Item #-1 Page; 7 Sewer: Eight -inch sanitary sewer mains exist in both Birdneck Road and Bells Road. The site must connect to the City sanitary sewer system. Sanitary sewer and pump station analysis for Pump Station 122 is required to determine if the flows can be accommodated. Construction plans and bonds are required. 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. A lighting plan for the site will be required during detailed site plan review. Fire hydrants must be located within 400-feet of a commercial structure. Private fire hydrants must be maintained annually as identified in N.F.P.A. 25. Fire lanes may be required after occupancy. Fire code permits may be required at the time of occupancy. Storage of hazardous, flammable or combustible materials on -site must be within the scope of the Virginia Statewide Fire Prevention Code and NFPA. HERITAGE INVESTMENT Agenda Item # 1 Page 8 vn o o Exhibit E o n a r k HEl r ° I It Proposed Site D C c = n oo�r= m o 3e c o Plan c � � u� �'• o U L �� � t ^°_ s 3 �8a uH� O moyma�O ,� �I A N < G = m A d m in wine G. a ac5 a eU,..Ur..t= Z r i efl� 5r �,•.:v.i, rr .. 00F.... - ... Z—< W3> W Umy no Zw Oam S< N p ��_ Ili: "�, I i S i ttiia _. iat(, („ S HERITAGE INVESTMENT Agenda Item # 1 Page 10 .... DNS NOi �4 �'�� ��� 'S1N3W.1.53hN1 39`d12�3 u6isaC a.a;:_uy�W d zoo ;tiL�"11'7t'� J.TQNtM'I Man z ...__—_—____J_._._.--- ..._..�_. I a Exhibit C Proposed Building Elevation HERITAGE INVESTMENT Agenda Item'# 1 Page 11 NOIIVDnddV Z w f W Q N N 0 U N i- Z Cw G w N U to NOW V C ; I V2 _ ae i !i G q y NCTi p �-i 59om I f i I a n c i I j i N O N N 5 l a o W E> a r ;, t a iL i'y q 1 ¢G WO W j c"v, I; p� G O O 1 N O C O 1 ✓r L. O 1 ! y� C ^i me a G ooy V ary x � IL r L O' O' O C may' S, S 1 1 3�•J O N C O { GV ' G % 3a_� `� `�o� cc k �� SOpb aG l nK L Exhibit D Disclosure Statement Y 1 V Fh` FAX HERITAGE INVESTMENT Agenda Item # 1 Page 12 DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH, VIRGINIA 2U60-2166 Ms. Faith Christie City of Virginia Beat: Department of Planning 24;5 Courthouse Drive, Building 2 ._, nia Beach, VA 23456-90 3 Ms. C.-Istle: Exhibit E Supplemental Information IN REPLY REFER TO 5 26 Ser 33,'0214 April 19, 2004 _:'rank you for the cppertcnity to review the Conditional ? rrit Application by Heritage Investments, LT_^, Lc oc_erate a private launcry facility cff Birdneck Road. The site is located Ln the greater than 75 decibel (dB) day -night average ILdn) noise zone. The Navv's Air Installations Compatible Use Zones Proc7ram. considers this type of use compatible kith airf'-eld oeerations. Recommend measures to achieve no`_se level reduction be incorporated to achieve acecsticai. standards as set forth Beach Zoning Ordirance for structures in the rea'-:e.r t-:an 75 dB Ldn. you have any questions, contact my Communit' Planning -son Officer, Mr. Ray Firenze at ,?57) 433-3158. Sincerely and very respect.`u_ /Z Capra l Comma:) Copy ta: CO'rg1.1P.VRFG NIDLAN^ =/NO2B) LANTDIV .Mayo.- P:ievera Oberndorf inia Beach it'a Council nia Beach Planning Commission. ffNavy HERITAGE: INVESTMENT Agenda Item # 1 Page; 13 Item #1 Heritage Investments, L.L.C. Change of Zoning District Classification 596 South Birdneck Road District 6 Beach June 9, 2004 REGULAR Dorothy Wood: We will now proceed to the regular portion of our meeting. I want to remind you that as you heard in the rules, we will need to adhere to these rules and please be aware of what speakers ahead of you have said. We must insist that redundancy is limited. Please do not be offended if I stop your presentation for being repetitive or when your time is up. I certainly do not want to limit your rights, but we have to cover, a lot of information in a short period of time, and we must stick to the procedures. I'll ask Mr. Strange to please call the first item. Joseph Strange: The first item is Item #1 Heritage Investments, L.L.C. for a Change of Zoning District Classification from B-2 Community Business District and R-10 Residential District to Conditional I-1 Light Industrial District on property located at 596 South Birdneck Road. Jeff Maynard: Good afternoon Madame Chairperson, members of the Planning Commission. My name is Jeff Maynard. I'm a Virginia Beach attorney with a business address of 222 Central Park Avenue, Suite 2000, Virginia Beach 23462. I'm here on behalf of Heritage Investments, L.L.C. Prior to today's meeting, Ms. Anderson brought to our attention that our proffer agreement didn't include two items, which my client intended to include but their attorney omitted from the revision to the proffer agreement. I wanted to, with your permission, pass these out the members of the Commission. Dorothy Wood: Thank you Mr. Maynard. Jeff Maynard: Initially our proffer agreement limited the uses we're seeking to rezone the property from both B-2 and R-10 Residential to I-1. Our initial proffer reduced the number of allowable uses that would otherwise be permitted by right in the I-1 District. Ms. Anderson kindly pointed out that we had forgot to include any reference to our site plan or architectural elevation, which of course my client fully intends to do and intended to do. So that's the reason for requesting that the Planning Commission move forward today and allow us to substitute or include these proffers between now and the City Council hearing on the matter. I understand there are no speakers in opposition, and if there are no questions from the Planning Commission, rather than give you the full presentation on this matter, I would request that you approve the matter subject to inclusion of both of these proffers. I'll stand by for questions. Item # 1 Heritage Investments, L.L.C. Page 2 Dorothy Wood: Thank you. We certainly appreciate your loyalty. Is there any opposition? Are there other speakers? Joseph Strange: No other speakers. Dorothy Wood: Is there any discussion? Yes sir. Mr. Din. William Din: Does this include the concern that you had on this Jan? Janice Anderson: Yes. It restricts the building to the plans submitted, and the design and the layout has already been submitted. William Din: Was there not a concern about the other uses? Maybe I'm confused about the definition. Janice Anderson: The other uses. They've taken out the three of what I would say the uses that had the most impact with an "I" zoning on it. William Din: Thank you. Dorothy Wood: Is there any other discussion? Ms. Anderson? Janice Anderson: I'd like to go ahead and make a motion for approval of the application with the proffer that has been submitted with the package and under the condition that the second and third proffers be added before Council. Dorothy Wood: Thank you. Ronald Ripley: I'll second it. Dorothy Wood: Thank you. With a motion by Jan Anderson and seconded by Ron Ripley. Mr. Miller? Robert Miller: Yes. I need to abstain from this vote. My firm is working on the project. Dorothy Wood: Thank you very much Mr. Miller. AYE 9 NAY 0 ABS I ABSENT I ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE Item #1 Heritage Investments, L.L.C. Page 3 MILLER ABS RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 9-0 with the abstention note, the application of Heritage Investments, L.L.C. has been approved. Dorothy Wood: Thank you Mr. Maynard. Jeff Maynard: Thank you. Zoning History MMaldn+x .-Cale Pleasant Ride Auto Parts Inc. �2 � AG-2 AG -IN AG -I AG-2 AG -I fD G1og - og I AG-2 AG 2 AG-2 AG -I ., �AG-2 A cgz 0B m dx Q•I ,n, Conditional Zoning Change from AG-1/AG-2 to B-2 # DATE IREQUEST FACTION 1 7/13/93 Conditional Use Permit — Two single family Granted dwellings 2 5/10/94 Conditional Use Permit — Single family dwellings Denied 3 11/24/98 Conditional Use Permit — Alternative Residential Development Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Pleasant Ridge Auto Parts, Inc. — Change of Zoning District Classification (AG-1 & AG-2 Agricultural Districts to Conditional B-2 Community Business District) and, Modification of Conditions approved by City Council on November 24, 1998 (Mr. & Mrs. Philip Wayne Murden, Jr.) MEETING DATE: July 13, 2004 ■ Background: (a) An Ordinance upon Application of Pleasant Ridge Auto Parts, Inc. for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional B-2 Community Business District on property located at 4164 West Neck Road (GPIN 24027079830000 — part of). The Comprehensive Plan identifies this site as being within the Rural Area. DISTRICT 7 — PRINCESS ANNE (b) An Ordinance upon Application of Pleasant Ridge Auto Parts, Inc. for a Modification of Conditions for a Conditional Use Permit approved by City Council on November 24, 1998 (Mr. & Mrs. Philip Wayne Murden, Jr.) on property located on the northwest corner of Princess Anne Road and West Neck Road (GPIN 24027079830000 — part of). DISTRICT 7 — PRINCESS ANNE On June 22, due a change in the proffers accompanying the rezoning, the City Council deferred these items to July 13. The change in the proffer consisted of a revision to the site plan. The revised site plan is attached. The revision is acceptable to the Staff. ■ Considerations: The existing property is part of a tract of land approved in 1998 under the Conditional Use Permit approach for residential development. The 1998 Conditional Use Permit approach yielded a higher than by -right rural density while preserving an area of the site for agricultural or open space uses. The current proposal intends to rezone to B-2 Business a portion of the area set aside for preserved agriculture and open space. The applicant desires to use the rezoned portion of the property for a retail sales establishment, specializing in auto parts, and for a presently undefined future expansion: To develop the site as the applicant desires, the existing conditions on the 1998 approved Conditional Use Permit must be modified. The 1998 Conditional Use Pleasant Ridge Auto Page 2 of 4 Permit for an Alternative Residential Development of three (3) units was granted with the following conditions: A suitable legal instrument restricting development of the property to no more than three residential building lots shall be submitted with the final subdivision play, and shall be recorded in the Clerk's Office of the Circuit Court. The content and form of such instrument shall be acceptable to the City Attorney. 2. A one -foot no-ingress/egress easement shall be dedicated along the frontage of the property on Princess Anne Road and run westerly down West Neck Road a minimum of 150', in accordance with the recommendations of Traffic Engineering. 3. A 50' vegetated buffer, as described in the Comprehensive Plan's Rural Residential Guidelines, shall be installed along all residential property lines where they abut an active agricultural operation. The required buffers shall be planted prior to occupancy of the residential units. Two of the conditions must be modified in order for the proposed development to proceed. Condition 1 must be modified to permit the use of a portion of the residual property for the proposed use. Condition 2 requires a no-ingress/egress easement be dedicated along the frontage of the site. In order for the applicant's proposal to occur, this condition must also be modified to eliminate the requirement. Staff's research indicates that the required no-ingress/egress easement has currently been platted only along West Neck Road with the creation of two lots in accordance with the 1998 Use Permit. The applicant, therefore, is requesting Modification of the 1998 Conditional Use Permit through removal of the three -acre area requested for rezoning from the area encumbered by the 1998 Use Permit. Removal of the three -acre area effectively eliminates the conditions from applying to the proposed development parcel. With the removal of the three (3) acres requested for rezoning from the 1998 Use Permit area, there will remain sufficient acreage to support the density of three (3) dwelling units as approved with the 1998 use permit. That acreage will remain restricted from development per the conditions of the use permit. Staff recommended approval. There was opposition to the request ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-1 to approve the requests, as proffered. Pleasant Ridge Auto Page 3 of 4 ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department^Is— City Manager )1` . �&(>,.I Pleasant Ridge Auto Page 4 of 4 K16-210-CRZ-2004 N EASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 May 12, 2004 Public Hearing Staff Planners: Karen Prochilo and Stephen White 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: LOCATION GPIN: COUNCIL ELECTION DISTRICT: (9) Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional B-2 Business District. (10) Modification of Conditions for a Conditional Use Permit approved by the City Council on November 24, 1998. Property located at the Northwest intersection of Princess Anne Road and West Neck Road Pleasant Ride Auto Parts Inc. AG AG-2 1 AG eG-2 �o f 1 I' y AG-2 AG-2 f--i 1 AG-1 h D -. - o d AG-2 con��+z���a caa�.�,n nc-unFz r� az Part of24027079830000 7 - PRINCESS ANNE PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 1 SITE SIZE: Subject property: 3 acres. Total Property: +/- 17 acres EXISTING LAND USE: The property is zoned AG-1 / AG-2 Agricultural Districts. SURROUNDING • Farm fields and single-family residential / AG-1 and LAND USE AND North: AG-2 Agricultural Districts ZONING: . West Neck Road, Farm field, single-family South: residential / AG-1 and AG-2 Agricultural Districts Princess Anne Road, farm fields, single-family East: residential / AG-1 and AG-2 Agricultural Districts Farm fields with single-family residential / AG-1 and West: AG-2 Agricultural Districts. NATURAL RESOURCE AND This subject area of the parcel is primarily flat land. The proposed CULTURAL development site is currently used as a plant nursery. There are a FEATURES: few significant mature trees on the site. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana and NALF Fentress. _. Summary of Proposa% The existing property is part of a tract of land approved in 1998 under the Conditional Use Permit approach for residential development. The 1998 Conditional Use Permit approach yielded a higher than by -right rural density while preserving an area of the site for agricultural or open space uses. The current proposal intends to rezone to B-2 Business a portion of the area set aside for preserved agriculture and open space. The applicant desires to use the rezoned portion of the property for a retail sales establishment, specializing in auto parts, and for a presently undefined future expansion. To develop the site as the applicant desires, the existing conditions on the 1998 approved Conditional Use Permit must be addressed in some manner. The 1998 PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 2 Conditional Use Permit for an Alternative Residential Development of three (3) units was granted with the following conditions: A suitable legal instrument restricting development of the property to no more than three residential building lots shall be submitted with the final subdivision play, and shall be recorded in the Clerk's Office of the Circuit Court. The content and form of such instrument shall be acceptable to the City Attorney. 2. A one -foot no-ingress/egress easement shall be dedicated along the frontage of the property on Princess Anne Road and run westerly down West Neck Road a minimum of 150', in accordance with the recommendations of Traffic Engineering. 3. A 50' vegetated buffer, as described in the Comprehensive Plan's Rural Residential Guidelines, shall be installed along all residential property lines where they abut an active agricultural operation. The required buffers shall be planted prior to occupancy of the residential units. Two of the conditions must be modified in order for the proposed development to proceed. Condition 1 must be modified to permit the use of a portion of the residual property for the proposed use. The document specified in Condition 1 was recorded at Deed Book 4068, Page 502. The final clause of the recorded restrictions notes "Nothing herein shall restrict any interested party from applying to the Virginia Beach City Council for a variance of, or amendment to, this condition in the future." The applicant has applied to amend the condition. Condition 2 of the 1998 Use Permit requires a no-ingress/egress easement be dedicated along the frontage of the site. In order for the applicant's proposal to occur, this condition must also be modified to eliminate the requirement. Staffs research indicates that the required no-ingress/egress easement has currently been platted only along West Neck Road with the creation of two lots in accordance with the 1998 Use Permit. The applicant, therefore, is requesting Modification of the 1998 Conditional Use Permit through removal of the three -acre area requested for rezoning from the area encumbered by the 1998 Use Permit. Removal of the three -acre area effectively eliminates the conditions from applying to the proposed development parcel. Major issues PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 3 The following represent the significant issues identified by the staff concerning this request. Staffs 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 Rural Area concerning the location of non-residential uses. Ambiguity regarding future expansion as shown on the site plan. Intent of 1998 use permit for preservation of this area as open space / agricultural residual as part of the residential lots. Comprehensive Plan The Comprehensive Plan recognizes this property to be part of the Rural Service Area. The rural land use policies have not changed much over time and are important for our rural landscape. Future development within the Rural Service Area must adhere to the Comprehensive Plan's adopted rural planning principles and economic strategies to retain its character and vitality. The Comprehensive Plan identifies a Rural Preservation Plan with five objectives: 1. Preserve and promote the opportunity for continued agricultural production. 2. Recognize the rural character and the need to preserve its open space and scenic beauty. Rural character also translates into a quieter, less hectic and more independent way of life; one removed from the congestion, density and fast paced activities of urban life. The growth that occurs does so without disrupting the lifestyles of those who have chosen to live here and without forcing the need to bring in urban services. 3. Protect and maintain environmental resources so that they remain for future generations. 4. Provide reasonable rural development opportunities. 5. Eliminate the need for urban infrastructure. PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 4 In order to achieve these objectives the Agricultural Reserve Program and Rural Development Guidelines were included as part of an overall program to stabilize and reinforce the rural way of life. Guides to non-residential rural development include: ■ Protect rural character and existing scenic views. ■ Franchise retail, office parks or shopping centers are not encouraged. ■ Create non- residential development at key crossroads to encourage community interaction of people, not vehicles. ■ Commercial retail development should be located in existing defined rural commercial centers for supporting the local rural community in lieu of strip shopping center development. 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. PROFFER # 7 When the property is developed, it shall be developed substantially as shown on the exhibit entitled "Preliminary Subdivision Plat of Part of the Property of Philip W. Murden, Jr. and Connie D. Murden for Steven W. & Wanda J. Simpson, Virginia Beach, Virginia", prepared by Kellam-Gerwitz Engineering, Inc. dated 12/08/03, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER # 2 The architectural design of the building depicted on the site plan and the landscaping to be installed will be as depicted on the exhibits entitled, (a) "Proposed NAPA Auto Parts Store; Princess Anne Road and West Neck Road," PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 5 dated 12/15/03, prepared by Porterfield Design Center (hereinafter "Rendering") and (b) "Proposed Landscape Plan — NAPA Auto Parts Store" dated 2/12/04", (hereinafter "Landscape Plan"), which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER # 3 All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER # 4 The freestanding sign designated on the Site Plan shall be as depicted on the exhibit entitled, "Sign Elevation, Pleasant Ridge Auto Parts," dated 2/12/04 prepared by Porterfield Design Center (hereinafter "Sign Elevation"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The brick base and columns of the sign shall match the brick base of the building depicted on the Rendering. PROFFER # 5 The building depicted on the Site Plan and Rendering shall be twenty-five feet (25') in height and shall have an exterior wall color of "Light Stone" and an exterior roof color of "Medium Bronze" as depicted on the "A&S Building Systems —Commercial — Industrial Series' color palates which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. The base of the exterior of the building, to a height of three feet (3) shall be a reddish - brown brick. PROFFER # 6 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Evaluation of The above proffers are acceptable. Proffers: City Attorney's The City Attorney's Office has reviewed the proffer PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 6 Office: agreement dated March 23, 2004, and found it to be legally sufficient and in acceptable legal form. Staff Evaluation Staffs evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the `Major Issues' identified above. (1) The intersection of Princess Anne Road and West Neck Road is not specifically mentioned by the Comprehensive Plan as a potential node for retail and other non-residential service uses. The Rural Preservation Plan portion of the Comprehensive Plan specifically identifies commercial nodes like Back Bay and Creeds as small areas that serve in a limited fashion the commercial needs of a rather large geographic area. An important factor in the evaluation of this development proposal, however, is that a small area of B-2 zoning already exists to the north of the subject site at the intersection of Princess Anne Road and Pleasant Ridge Road. The applicant currently uses this B-2 zoned site for the auto parts business. It is Staffs understanding from the narrative submitted with the application that the applicant's business has outgrown the existing site and that the applicant cannot expand at the existing location. There exists, therefore, an existing precedent for commercial use within this general area. Staff concludes that locating commercial use at the West Neck Road intersection is a reasonable addition to the existing B-2 at the Pleasant Ridge intersection. Further, it is Staffs opinion that the West Neck Road intersection, due to it being the meeting of two primary routes into and out of the Rural Area, is the more likely candidate for a commercial service node. (2) Details regarding the `future expansion' shown on the proffered plan have not been provided. However, the proffers submitted with the change of zoning request restrict the development to the area defined on the proffered plan as "2- ST-RETAIL (8,000 SO. FT,)." If the applicant ever pursues the future expansion, it will require additional review by the Planning Commission and approval by the City Council as a Modification of Proffers. Of greater concern is the lack of specificity in the proffers regarding the uses to which the B-2 zoned area may be put. While the site plan and the building elevation are designed for the applicant's business, the proffers do not restrict the uses in any way. Thus, if desired, the applicant could use the building for any use allowed in the B-2 Community PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 7 Business District. Staff does not believe that there would be any immediate eventuality of this occurring. Of more concern is the potential for other B-2 uses to be located in the area identified as 'future expansion; however, as noted above, such expansion cannot occur without a Modification to the Proffers of this requested rezoning should it be granted. (3) With the removal of the three (3) acres requested for rezoning from the 1998 Use Permit area, there will remain sufficient acreage to support the density of three (3) dwelling units as approved with the 1998 use permit. That acreage will remain restricted from development per the conditions of the use permit. Staff, therefore, recommends approval of the Change of Zoning from AG-2 an AG-1 Agricultural Districts to B-2 Community Business as proffered and approval of the request for Modification of Conditions through elimination of the three (3) acre B-2 zoning site from the area of the Conditional Use Permit approved on November 24, 1998. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 8 .s h,�xr Syr Supplemental Information""41, Zoning History # I DATE I REQUEST I ACTION 1 7/13/93 Conditional Use Permit — Two single family dwellings Granted 2 5/10/94 Conditional Use Permit — Single family dwellings Denied 3 11 /24/98 Conditional Use Permit — Alternative Residential Development Granted PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 9 Public Agency Comments Public Works Plan (MTP): Princess Anne Road in the vicinity of this application is considered as a two lane undivided rural roadway. The Master Transportation Plan designates the right-of-way for Princess Anne Road as 100 feet. West Neck Road in the vicinity of this application is not designated for improvements in the recently adopted Comprehensive Plan. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 7,000 71400 — 1ADT0' Existing Land Use z Road ADT' — 50 ADT Proposed Land 2,500 7.400 — West Neck Road ADT' 1ADT0' Use 3-495 ADT r verzge uaiy 1 ntu 3 as defined by current zoning 3 as defined by auto parts sales of 8,OOOsf Public Utilities City sewer and water are not available. The proposed new building will require a well and septic system. 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 at the time of construction documents. PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 10 Agricultural Department of This parcel is under a conditional use permit for an Agriculture: alternative residential development, which has built the maximum number of homes allowed by density. PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 11 Exhibits Exhibit A - 1 Aerial of Site Location PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 12 Exhibit A - 2 Aerial of Site Location PLEASANT RIDGE AUTO PARTS. INC. Agenda Items # 9 &# 10 Page 13 Exhibit A - 3 Aerial of Site Location PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 14 Exhibit B Proposed Site Plan PFIVCc�S AN♦.FO,M1O (IJ i��✓ ly rzx,T z' _7 ,I \ s e =� L II c _ PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 15 PRINCESS ANNE ROAD A WI I._....____----'_— --- Exh Pr( Landscal !bit C posed ie Plan PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 16 Exhibit D Proposed Building Elevation PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 17 Exhibit E Sign Elevation PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 18 N011V3I10 ONINOZH IWOUIQN03 f z W U. F y W D 0 O U N W G� c - C I Z of n _ p N011vi Zdav ONINOZau riVNOIIIQNO3 Exhibit E Disclosure Statement PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 19 Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Change of Zoning District Classification Modification of Conditions 4164 West Neck Road District 7 Princess Anne May 12, 2004 Dorothy Wood: The next items will Pleasant Ridge Auto Parts. Joseph Strange: Item #9 & 10 is Pleasant Ridge Auto Parts, Inc. It's a Change of Zoning District Classification from AG-1 & AG-2 Agricultural Districts to Conditional B-2 Community Business District on property located at 4164 West Neck Road. There is also a Modification of Conditions for a Conditional Use Permit approved by City Council on November 24, 1998 on property located on the northwest corner of Princess Anne Road and West Neck Road, District 7, Princess Anne. Dorothy Wood: Yes sir. Eddie Bourdon: Thank you Madame Chair. Eddie Bourdon, a Virginia Beach attorney representing the applicant. I have copies of three letters that I'm going to pass out to each of you. I have two copies of a petition and I'll try to make copies for everyone. It is my privilege to represent the Simpson Family on this application this afternoon. I appreciate your patient on the last application. The application has been read and involves, first of all a change in zoning district classification on this 3-acre parcel located at West Neck and Princess Anne Road to B-2 along with a modification of conditions on the Use Permit that was approved on the large parcel back in November 1998. The letters that I'm passing out to you are letters of support from three members of the community, Mr. Frank Williams, Mr. Bonnie Bright and Mr. Dawson Taylor. I've also provided you all with a petition which has a total of 555 signatures, it's a petition of support with 555 signatures on it, which I'll mention a little bit later. It's probably the largest petition in terms of the number of signers, support or oppose that I've ever seen and that's in support. That tells you, I think a great deal about the applicants in this case. The Simpsons have been family farmers in the Pungo/Back Bay area for over a century. There family has run this family owned business, which is in large measure an agricultural support business that provides all types of parts, equipment and expertise for repairing farm equipment, tractors, trucks, etc. They are pillars of the community and that is noted, I think by anyone who will take a few minutes to look at the petition and the people who have signed that petition. You'll notice names that everyone knows, Vaughan, Williams, Simmons, Frost, Dean Davis, Brickhouse, Morris, Bright, Etheridge, Briggs, Murden, Henley, Kellam, Brock, Freeman, right on down the line. So, who's who of the people who live in the southern part of the City. Our agricultural industry in the southern part of the City. The Simpsons have operated their business at the comer of Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 2 Pleasant Ridge and Princess Anne Road. You can actually see it right here, along this aerial that subject site. The parcel that they operate their business on and they actually own. I have a survey of it. You heard this morning and some reference may have been made to something of along the line of half an acre. It is actually more along the lines of about 12,000 square feet. I'll pass the survey around. I do need to get it back because I did not have the opportunity to make copies of it. That building has about 7 or 9 parking spaces. And that is it. There is no room to expand and they have a need to expand their business. They did in fact attempt to make efforts to acquire additional land adjacent to their parcel, but that is not property on the market for sale. It is certainly not a criticism of the people who own the property at all. That is a fact. That is reality. Therefore, they have no ability whatsoever to expand their business. Their business under all of our current site plan ordinance requirements, etc., you can't meet any of the guidelines by tearing down what's there and trying to build something on it. It's just not physically possible. They got more building, more space on that site than the site supports by any stretch of the imagination. And, you also have the septic issue. We don't have sewer in this part of the world and will not have sewer down in this part of the world. We are not advocating sewer in this part of the world. So, we have a situation where in order to succeed and to continue to succeed and to serve the community they need the ability. The business has succeeded and they need to go expand that business. One of the reasons why they have been so successful among many is because they are supporters of the community in which they reside and do business. They donate money to community charities and community funds. I've got a long list here and I'll hit a few of them. The Heidy Temple, Not Silent Ruritan Club, Creeds Elementary PTA, Currituck County Relay for Life, Ducks Unlimited, Virginia Beach Rescue Squad, Knots Island Elementary PTA, Knots Island Beach Festival, Knots Island Wildlife Festival, Knots Island Voluntary Fire Department, Back Bay Christian Academy, Kellam High School Booster Club, St. John Apostle Catholic Church and Catholic School, Angel Fund, Multiple Sclerosis Society, Muscular Dystrophy, Creeds Ruritan, Test Before Livestock, Auction, Virginia Beach For Livestock Auction, Virginia Beach Booster Club and Creeds Athletic Association. The proposal here is to place a business that is established in the community that supports the community and supports agriculture at the major intersection of three that I count, in the southern part of the City. I think Indian River and Princess Anne and West Neck. And, Indian River and West Neck. I think further down there are some other major intersections. Those are it. I think this is an excellent location for this business. They've designed the business. They designed the structure that fits in with the character of the area. The building has a metal foundation. It's a metal building but it has brick face around the bottom. It has a raising metal bronze roof, a sandstone color on the exterior that is not brick. There is an existing bam, the West Neck Equestrian Center right down the street. It's about three times the size. It's exactly the same type of material, a metal bam. There are lots of them out there. They got a very attractive plan. One that staff has not indicated any objection to in terms of appearance and in terms of it fitting in with what's in that rural setting. This is not Town Center. This is not a lot of other areas of the City. This is the rural area. It's an area that is not the same as where most of us live. It is where two of your members do live. We think the building and it's appearance do very much fit in with the character of the area. I mean that's a subjective Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 3 thing. I certainly respect the fact that others may have disagreement about that. The site was the subject, as you all know of a Use Permit a number of years ago that involved residential and the remainder that remained as open space. But that application there was extra land above and beyond that was needed to meet the requirements of Section 405. And, this land that we are proposing to develop here will not cause that application to have been granted without enough land to meet the requirements of Section 405 without the amount of soils needed to meet Section 405. So, there is no gift having been given to the prior application by this. If this had not been a part of it, it still would have met the requirements of Section 405 in terms of the acreage and in terms of the soils. Now, this site will have a complete soil septic system that will work, function and will meet of today's standards. So, it will definitely from an environmental standpoint an improvement. As you know, you have to have an acre of land to be able to do a septic system today. I would also not and I think one of the other speakers in favor is going to note that on the opposite corridor of West Neck and Princess Anne there used to be a store that sold gasoline so the idea that this is introducing commercial to an intersection where it has never existed is not an accurate assessment. The staff has recommended in favor of this. It's within a stone throw of their existing facility and we believe that the staff has got it absolute correct and that it's an application, or two applications that should be approved. I know there are three other speakers in favor so I'll stop at this point. I'll be happy to answer any questions. Dorothy Wood: Eddie, would you please answer any questions? Eddie Bourdon: I'll be happy too. Dorothy Wood: Mr. Waller, thank you. John Waller: I don't have a problem with the rezoning. I've got a big problem with the design that he built. Eddie Bourdon: I heard that this morning John John Waller: It's a metal building at a major intersection at Princess Anne Road. Everyday it's becoming more and more traffic and more and more people coming down It won't be long before it's a four -lane road with commercial buildings on all sides. You're going to have a big, ugly metal building put on that comer. That is what I'm opposed too. Eddie Bourdon: As I mentioned John, the reason why people can disagree and I would have to say that I respect your opinion however, under our Comprehensive Land Use Plan and under all of the plans that I know of in terms of roadway improvements, I don't know how many of us are going to be here when what you envision occurring occurs. Four -lane West Neck Road and four -lane Princess Anne Road with our extreme restrictions on and I don't say extreme in a negative way but our restrictions on what is to happen in our rural south, which I think the vast, vast majority of the people who live Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 4 there don't want to see those changes. I don't know that we are going to see anytime in the foreseeable future any significant amount of commercial development in this area or any widening to four lanes of these two roads. Now, some improvements of those roads will be made. I think some of them are very much needed. Wider shoulders and things of that nature but I don't know of any plans anywhere in the foreseeable future to do four lanes of either of those roads. We're certainly not going to have water and sewer down there, public infrastructure down there. And, I think it will retain its rural character and I do believe that this building is one that has been designed in keeping with rural character. There are churches down there that are similar type of buildings as well as equestrian centers. One of the nicest looking properties in the rural part of the City, which is actually on the north side of the blue -line, is Mr. Hanson's property. I think he's got a very nice looking barn that I believe is a similar type of appearance. If it was somewhere else in the City I would absolutely agree with you but I don't know if I can agree with you. This is my opinion and we're all entitled to our opinions. It doesn't make one right or one wrong. We believe that this is in keeping with the character of that part of the City. We haven't heard prior to this morning at least from the staff and that is no criticism of the staff about concerns about the design of this building. In another application and we'll be talking about that from staff perspective but I haven't heard it on this one. John Waller: Courthouse Marketplace, which we saw pictures of earlier. They've done a beautiful job. They sort of set the tone or raising the bar. They're making the whole Princess Anne Road nice and a more pleasant place to drive. It's a lot of residential, well mostly residential there now but more and more people will be coming down here and everybody wants to put up a metal building you can imagine what it is going to look like. I just think we need to raise the bar for Princess Anne Road. Eddie Bourdon: I couldn't agree with you more as far as the Courthouse Marketplace is concerned, which is right here in the Courthouse Center where we are located. In an area that is under our Comprehensive Plan and the Princess Anne area that will be high end residential at one unit per acre. But, again this part of the City, our Comprehensive Plan is pretty clear is to remain an agricultural and rural area. We've got development going about 25-30 houses a year in this part of the City and I think it is going to remain that way. So, I don't have a crystal ball as to what this part of the City is going to look like in 50 years or even in 10 years. I think it will look a whole lot like it does today intent. I don't know Courthouse Marketplace in this section of the City is the same that is down below Pungo. We're not trying to build anything that is objectionable or low end, if you will. I think to put something like Courthouse Marketplace down here would be completely out of character. I think would not blend in or fit in. Again, that's a decision that I guess City Council will have to make. Dorothy Wood: Thanks Eddie. Ed, will you keep the time manually since the computer is down? Ed Weeden: He had plenty of time. Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 5 Dorothy Wood: Ed told me that we're going to have to vote manually. Our computer is down so we can't vote electronically this afternoon. We have some speakers? Joseph Strange: Speaking in support, the first speak is Al Henley. Al Henley: Hi. Ladies and gentlemen of the Planning Commission, thank you for allowing me to be here today and to speak to you and a good afternoon to you. My name is Al Henley and I'm a life long resident of the Back Bay/Pungo area. I come here before you in total support of this application. It is a facility that has served our community for 25 years. It's mostly towards the agriculture community as well as residents. I've been there quite frequently myself on maintenance of my vehicles. There are other facilities that are located north of us but I prefer not to frequent those facilities because my personal opinion is they don't cant' and stock the materials that is half way as good as the NAPA product. When we do purchase material, we do like to purchase the best. As for the facility, I think the facility has done a good job on the planning of it. The colors of it are acceptable. We have a lot of metal bams in Pungo, Blackwater and Back Bay. I think they've done a good job with the layout of the parking facility and the landscaping. And, as Mr. Bourdon said earlier there was and I do remember the gas station that was on the opposite comer as well as the current location that they maintain today. It was also a grocery store and they also served gas. So, it's not to time to be repetitive. I am support of that and I would respectfully request from each one of you to be supportive. Thank you very much. Dorothy Wood: Thank you Mr. Henley. Ronald Ripley: I got a question. How long ago was the property used as a grocery store? Do you recall? Al Henley: Well, I would say probably about 30 years ago. The facility closed. It became a rental property. They had an apartment above but I remember as a young gentleman myself frequenting it and shopping there with my parents as well as purchasing gas. Ronald Ripley: Okay. Thank you. Dorothy Wood: Thank you. Al Henley: Thank you. Joseph Strange: Also speaking in support is Rodney Foster. Rodney Foster: Good afternoon. I'm Rodney Foster and I live at 2108 Indian Creek Road in Chesapeake. I'm here in support of this application. I farm for a living in Virginia Beach and Currituck and in Chesapeake. We use NAPA quite regularly to get our after market parts for our farm equipment. Most of you probably know that there are no longer any agricultural tractor equipment dealers that service farm equipment in Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 6 Virginia Beach or in Chesapeake. We now either have to go to Edenton, Elizabeth City of Suffolk to look for these kinds of parts. Agriculture certainly needs this type of business to sustain us. The new building, the architect design is certainly pleasing to the eye. I just notice a movement or two about the comment about the brick and the metal. I believe if you were to travel around Virginia and look at the John Deere dealerships that are now being built, the agriculture supplies, the tractor supplies, they all use metal buildings in the rural area to accommodate the rural character. This is certainly to me, looks better than a whole brick building or a cinder block building in the country like that. It does fit that character. As some of you know, eight years ago I was on the Chesapeake Planning Commission and I retired a year ago. So, we always looked at one thing and in our determination when it was opposition was that the advantage to this might weigh any impact because of the needs of the community. So, I would urge you to support this business. I do know that the existing business is too small. It can't supply and keep the parts that we need. There is no more space available. And, the business has grown and it has become dangerous for very little bit of parking sitting on the comer curb like it is. Again, I would appreciate it if you would support it. It is good for our community and it is good for the City of Virginia Beach. Thank you. Dorothy Wood: Mr. Foster, we're glad to have you here. We do remember you being on the Chesapeake Planning Commission and the fine job that you did. Our Planning Commission has enjoyed working with your Planning Commission and we're going to get that expressway through and work together. Thank you very much for coming. Rodney Foster: I already had a few comments for that and I hope it happens too. Dorothy Wood: Thank you for coming sir. Joseph Strange: Also speaking in support is Marvin Rollins. Marvin Rollins: Madame Chairman and members of the Planning Commission, my name is Marvin Rollins. I live at 1521 Mill Landing Road and that's in Back Bay. I've been there my entire life on the same little farm that I still own today. I support this application in many ways. One is the applicant not only through this application improves the service for himself. He improves the service for the entire community that depends on this applicant. The applicant is certainly like myself. He didn't just come into town, fall off the meat wagon and decided that he was going to open up a business. He's the third generation that has been in this type of business. His father served me. His grandfather served my father. And, Steve serves me through business. And just like the other speakers, I will repeat this because sometimes Mr. Bourdon is a representative. He comes up and he's a representative doing a job but I am a person who lives there and uses the services that are provided as well as many other people. And, I think when a person has a business, he supports his community and it is a plus for the entire community and not just for one individual. That is a no brainer as far as a vote. If I were in your shoes I would feel like that I voted against an entire community if I voted against this application. I really ever get up here and say anything. In this case, I could not sit by and Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 7 not say how I felt. I know there are other people that certainly do not feel the same way as I do. The business community, which I am in business, I am not a farmer. I own a construction business and when I need a part for a Mack truck, I'm able to get it from Mr. Simpson. I don't have to go everywhere but you can't do it in the area next to us. And, one other thing and there was and as Mr. Henley said and Mr. Bourdon brought us, there was a pure oil station directly across from that piece of property many years ago, which my father and I went in there many, many times. I just appreciate your time to say thank you all for letting me talk and I certainly do hope that you all will see fit to put this application through as a benefit for the entire community. Dorothy Wood: Thank you Mr. Rollins. I know that you're very proud of your family with generations in Virginia Beach. Thank you. Marvin Rollins: Yes we are. Joseph Strange: Okay. Speaking in opposition is Dr. Carmen Maldonaldo Dorothy Wood: Welcome Dr. Carmen Maldonaldo: My name is Dr. Maldonaldo. I stay in the United States Navy for 23 years, six of them in the war in Saudi Arabia. I was at the time under a lot of stress so when I came back I said I need to live in a place, which is peaceful, rural but at the same time close to the City, which is the area that I bought. I live six houses from the proposed business. I have a gorgeous house that anybody can call a mansion. It's a mansion to me. It's the type of house that is beautiful. It's gorgeous. It's peaceful. It's quiet. I live there because I was looking for those characteristics in a place where I can live. The Navy could send me back anywhere I wanted to live but I chose Virginia Beach because I love this place. I am opposed because I feel that quietness and tranquility that I have is going to change. This place is quite too close to my house. It is just like 5 or 6 houses from my house. Like he said, it's just ugly houses or whatever he thinks they are but they are not. All the residential there are gorgeous. They are beautiful houses. The building itself doesn't look quite nice. It doesn't. I would not like to have it there. No, I wouldn't. I would like to keep it peaceful for me. Thank you. Dorothy Wood: Thank you. Would you please show us ma'am? Would you please show us where you live and then answer Ms. Katsias' question? Carmen Maldonaldo: It's the last house. Dorothy Wood: You can use the pointer if you could? Carmen Maldonaldo: I live right in there. One, two, three, the last house. Right here you have woods in the back of my house. Dorothy Wood: Thank you Dr. Would you please answer Ms. Katsias' question? Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 8 Kathy Katsias: No. That's fine. Joseph Strange: Okay. Next we have Jerry Lang. Dorothy Wood: Welcome Mr. Lang. Jerry Lang: Thank you. Madame Chairman, members, my name is Jerry Lang and I live directly across the street from there, across from West Neck and Princess Anne. I've lived there since 1986. From 1990-2000, the average new homes that were constructed increase approximately 30 per year and as of January 2001 there were approximately 1,800 existing dwelling units in the Pungo/Black Water planning area. This is an increase of almost 300 units since 1990, which equates to about 20 percent increase as per the average throughout Virginia Beach is only 14 percent increase. At this rate, 20 percent it wouldn't be long until the Pungo/Blackwater area would be no then an abundance of significant important and natural resources that is being preserved through your award winning plan. I can visualize as your honorable Mr. Waller had mentioned if this facility is erected at this intersection, which is an extremely busy intersection it will not be long before there will be other across the street. The gas station or even down the street where another mall will be put up in the near future. As also described in your Comprehensive Plan that your guidelines are in non- residential rural development, which includes scenic views. Well my view, straight across the street of another commercial building is not a scenic view. Also, franchise retail stores are not encouraged yet your staff evaluation is to recommend approval of changing this zone from AG-1, AG-2 to a B-2 Community Business. Also, one of your statements is to create non-residential development at key crossroads. Well, again as Mr. Waller had mentioned, this intersection being that there are only three major intersections coming out of Knotts Island that is Pungo Ferry, West Neck and Indian River. Well, living right across the street from it, West Neck is an extremely busy out take. Anyways, as being a resident since 1986 therefore, I'm opposed to granting the changes. Dorothy Wood: Thank you sir. You are out of time. I appreciate you coming. As we stated before each person has three minutes unless your representing a large group but then we will give you more time. That's the same for people on both sides have three minutes. Joseph Strange: Next we have Amy Lang. Dorothy Wood: Welcome Ms. Lang. Thank you for coming. Amy Lang. Afternoon everyone. How are you? My name is Amy Lang. I live at 1476 Princess Anne Road. My husband just spoke previously. We live right at the intersection of West Neck and Princess Anne Road on the east side. I am very much opposed to the change of this Conditional Use Permit. Traffic will increase greatly. Public Work's comments on page 10 of your agenda Items #9 & 10 state the calculations for a 8,000 square foot auto parts store would increase the generated traffic for that property Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 9 approximately about 10 fold. And the undefined fixture expansion of the B-2 use of approximately the same size will only further congest that area. If a precedence is set, which Mr. Waller seems to be in agreement with that will develop that commercial area or redevelop, I guess from very old businesses that were there. It doesn't go with our Comprehensive Plan that does not encourage retail centers. The current property that the NAPA owns is zoned for business. There's a difference between needs and wants. If they need to expand their business they can surely find an off sight warehouse where they can store additional parts for their facility and they can drop them into that area for some pick up just because they want to expand their business does not mean that I should give up my rights in that rural area to have the tranquility of that area. I'm concerned about the stormwater run off. An 8,000 square foot building and parking plus additional undefined area of equal size. In our area of the rural part of the city means ditches. And, it will mean deep ditches. Deep ditches with a large highly traffic intersection only adds to the problems in that area. We have enough people going into the ditch now that are people braking too late to go to West Neck Road and someone veers off trying to miss him. We've had a dump truck turnover in our front yard and lose their whole load. People are often swerving onto our property to avoid them. Ed Weeden: You're running out of time Amy Lang: So, I definitely oppose this application. Dorothy Wood: Thank you Ms. Lang. We appreciate you coming. Joseph Strange: Our next speaker is Jackie Hembree. Dorothy Wood: Welcome Mr. Hembree. Jackie Hembree: Jackie Hembree. I live in Virginia Beach. I've been here for 42 years. I've been at my present location for 26 years. I've seen the traffic. I've seen probably 20-30 fold on Princess Anne Rod since I've been here. When I first moved to where I was at I could go out my road, go to work and not see another car probably until I got to work. By the time I left, right now I have to go out and wait and wait and wait to get on Princess Anne. My concern is the traffic and also the snowball effect of putting more business down in our area. It will be like a snowball effect. It will continue. First thing you know we'll have a bar on one corner, a service station on the other comer. It will run the life that we all love and know. That is my big concern right now. Dorothy Wood: Where do you live sir? Do you live on West Neck? Jackie Hembree: No ma'am. I live on Jarvis Road. Dorothy Wood: Thank you sir. Thank you for coming Jackie Hembree: We thank you. Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 10 Joseph Strange: Our next speaker in opposition is Dan Franken. Dorothy Wood: Welcome Mr. Franken. Dan Franken: Good afternoon Madame Chairperson and Commission members. I assume that I'll be permitted ten minutes as the representative for the folks in opposition. Dorothy Wood: I'll have to check because they have all spoken. Dan Franken: That is what I agreed to with staff ahead of time. Dorothy Wood: I think was if you were going to represent all of these people. I don't know. Dan Franken: It said representative. It didn't say a lawyer. Dorothy Wood: Okay sir. Mr. Scott? Mr. Macali? Guidance please? Robert Scott: It's your discretion. I don't know who's represented who's already spoken. Dorothy Wood: Just go on sir. Dan Franken: Thank you very much. Just a bit of background about myself. Like I said, I'm not a lawyer and that is probably evident. I have 40 years of experience in national security. I'm a retired Naval officer and was a senior executive with the government and I'm recognized as a strategic planner. As a matter of fact, most of my comments I say, I hope will center around this excellent strategic plan that's five months old that I believe most of the issues associated with this request violate or are not construed within various fashions. Mr. Bourdon gave an excellent introduction for Steve Simpson. I think Steve Simpson ought to have a new business somewhere but not there. And, I also think Steve Simpson is a wonderful gentleman and I consider him a friend of mine. I just don't think we ought to have like you heard from these other people a small store that's currently on a well, established location. It has been there for years, be moved less than a half mile where it's not in the vicinity of three or four over established residences and be plump smack dabbed in the middle of one of the worse intersections around town and near some very good homes. And, I want to comment about that. If you want to know what kind of environment we seek to have in the country, it's all spelled out in the strategic Comprehensive Plan. It also lays out pretty strict guidance for non -increasing infrastructure requirements, not building commercial activities in non -designating sectors, etc. We thought our mission here today would be a little bit easier until this document was published Friday in which it recommended or made an assumption of leap of logic that existing NAPA store already qualified as a commercial activity, so therefore we can move it south of this intersection and then we now have "walla" a new commercial sector. I think the strategic issue before the Planning Commission today is, do you want to design a new commercial sector for the City? The extensive issue is the Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 11 store. I think it's really larger than that. The store is currently closed to 3 or 4 homes if you call close several hundred yards. If you move it to the intersection that is being talked about here it is going to be close to 10 or 12 homes. It will be nearly right across the street on West Neck from a home that was just bought for $650,000. The resident, I don't know if she made it today because a lot of people work and can't make it today including my wife. She said she would have never bought that home had she knew that this was coming. Mr. Scott, sir respectfully, when I saw the recommendation in here I tried to call you Friday and members of your staff and I have not been responded to. I do not understand that with this current strategic plan that lays out all this guidance we could make a decision that already exists commercial infrastructure there, therefore this next intersection is okay. I just can't understand it sir. Also I want to give you a little bit of history. In 1998, the current landowners, the Murden Family came to our door and several other neighborhood doors and sought to get signatures on a petition. It was to get a Conditional Use Permit for two or three more new homes. That petition had a proffer that said we agree if these homes are approved to leave the remainder of the property in agricultural zoning. We signed it. Our neighbors signed it. In fact, there is a letter in your file, I believe from a former resident who sent it back to us attesting to that fact as well. That's a bit of background. I just think the Commission needs to know. Whether it's a material breach or not is arguable but it is certainly a breach of faith among the neighborhood. The gentleman that I spoke with in the Agriculture part of the City planning told me that per the current guidelines and I'm not an expert on zoning or things like that or land use that type 1 soils one home per five acres and type 2, I believe it's one per ten. If you consider the Murden acreage, 20 or so acres extend there are now six homes on the low end of 20 acres, which either way you cut those guidelines exceeds that. I believe it's an arguable point whether or not those three acres are even residual. Now, lets talk about these lists. Mr. Bourdon gave a nice presentation about all of these people who want this to happen. Let me tell you a little antidote about my going around with the petition. Many people who are not here today are opposed to this. They are not here today because they fear retribution. Common comment that I heard as I walked around the neighborhood. And, I'm a new guy. I came here in 1966 for the first time. I grew up in Iowa. I spent forty years in the Navy as I told you earlier. Common comment was if they want it they get it. A note of resignation attached to that comment. I said, what do you mean they? They are the power appropriates that be. Who are they? They're farmers. I have great respect for farmers. I grew up in a farm. I also know all about implement shops. My aunt ran one. We live in the age where UPS and online ordering and toll free numbers and overnight delivery is a bit of reality for everybody. I grew up new Sioux City, Iowa where ten implement computers in that City. Right now there are none. There were ten homes in miles from Sioux Center to my home in Lebanon. There is one now. It's industrial farming. We all know about it. I recommend that you regard all the citizens of Virginia Beach and particularly the Waal area as your customers. The customers are increasing in the rural residential set of customers. Farming, as far as I know is level or decreasing. We all pay taxes and I think we deserve equal thoughtful consideration about the City's application of the rurals that are pretty much subscribed in this policy document. This list that Mr. Simpson worked up has people from Knotts Island to Cypress Point in Virginia Beach. Wonderful. If you said Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 12 this NAPA store is going to be next to your house or across the street, how many people would have signed it? I can generate a list of thousand people that want a Barnes and Noble by the Food Lion at Sandbridge Road as long as you didn't build it next to their house. As I said earlier, I think Mr. Simpson get a new business although I've gone there many times. I'm one of his customers. I've always been able to find a place to park. I've always found in stock what it was I needed. So, I can summarize and I know you want me to I think we deserve the same consideration about this issue as if this were a proposed 7-eleven at the intersection of Harris Road and Little Neck Road in Virginia Beach. How would you react to it then? I think you ought to look at all the customers and not just what the farmers want. There is not one mention in this document about the rural residential populous affected by this proposed change. Not one word. Not one. I think Virginia Beach is grown up and it's just time for the City to act in that fashion and make decisions that are in the best interest of all the people and use the strategic plan vision as our guide. I thank you for your time. Dorothy Wood: Thank you sir. Could you please show us where you live? Do you live on West Neck? Dan Franken: Yes. Dorothy Wood: You can use the pointer if you like? Thank you sir. Dan Franken: Right next to this house. Dorothy Wood: Thank you sir. Dan Franken: You can put a light rail down there. Dorothy Wood: Thank you sir. Are there any other speakers? Mr. Bourdon, you have three minutes to rebut. Mr. Horsley might have something to say. Eddie Bourdon: I appreciate some of the comments. I will start out with the ridiculous ones. Those of us who have been doing this a long time or lived here all our lives understand what we're trying to achieve and have done a whale of a job achieving. And some of the folks here in opposition are in good testament of that. The reference to bars, malls, and light rail. Let's get real folks. This is the rural part of the City where our Comprehensive Plan speaks volume about encouraging retention and expansion of agriculture and agricultural support businesses. That is what the Simpsons have is an agricultural support business and they are betting on are ARP working as it has worked and is working and that we're going to retain our farming base. Hopefully, Chesapeake will do the same thing. His business can continue to survive and he is betting on the combine that it will naturally survive but it's going to expand. The facility that he currently has doesn't meet any of his needs nor the parking or City standards. The facility that we propose will do that. Our Comprehensive Plan says we want to support agriculture. We want to support agricultural support businesses, which the Simpsons Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 13 clearly have. That's indicative by the signatures, which no one putting a gun at anyone's head to get. In fact, people came to the business and signed and in fact there are 91 residents who signed that petition who live within a one -mile radius of this site. I don't know how many signatures are on the opposition petition but I don't think it gets anywhere near there. I don't think anybody put a gun to anybody's head to sign it. One gentleman said wow, 300 homes in fourteen years. We're going to have a mall down here. Well, guess what? That's 21 homes a year. Our Comprehensive Plan has since 19921 believe it is 2500 plan, 2500 homes. We're not going to get there at the rate were going for another 20 something years. There will not be any malls being built down there. This is an excellent application. Traffic is not an issue because the traffic is going on the same two roads today to get to the NAPA store that is there today. It's a red herring. There may be a few more people go because the business will be a little bit larger but all the traffic that is going to the NAPA store right there will still be going to the NAPA store right here now. Dorothy Wood: Thanks Eddie. Eddie Bourdon: I know my time is up. Dorothy Wood: Thank you very much. Is there any discussion? Questions? Janice Anderson: I have a question of Eddie. Dorothy Wood: I'm sorry. Mr. Bourdon, would you please answer Jan's question? Janice Anderson: There was some concern about some noise in the quiet areas. Is there going to be any noise coming from the store? Eddie Bourdon: It's just a part store. We're not doing repair work or anything of that nature on the site. And, hours of operation and we're not opened late into the evening or anything of that nature at all. Janice Anderson: Okay. Eddie Bourdon: Just people coming and going as you come and go at a store. Dorothy Wood: Are there any other questions of Eddie? Robert Miller: The people who live next door along West Neck Road, can you help me with who those are please? Or do you know? Eddie Bourdon: I'm sorry. I probably can get that information. Dorothy Wood: The lady would like to tell you. Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 14 Robert Miller: We'll get that in a minute. The Murdens own this entire piece of land? Eddie Bourdon: Yes. That is correct. I believe they are the ones who live in the two houses. Robert Miller: The two of them are shaded in that is why I was interested. Eddie Bourdon: I believe they're family members but I wouldn't state I'm certain of that. The one lady who spoke lives 1500 feet away. This isn't your community up here in the suburban part of the City where you got houses on 10,000 square foot lots. The one lady who spoke her house is close to 1500-2000 feet west from this property. It's not right up on it. These are acre or larger lots. Dorothy Wood: Thank you. Ma'am, would you please answer Mr. Miller's question? Robert Miller: You have to tell us who you are. Dorothy Wood: Sir, you have to come up and tell us your name first please. Would you please come to the mic so we can get you on record. Ray Lobis: My name is Ray Lobis. Dorothy Wood: Thank you Mr. Lobis. Ray Lobos: I live at 3132 West Neck. Dorothy Wood: We would appreciate it if you would answer Mr. Miller's question. Robert Miller: That's fine. Thank you Mr. Lobis. That's helpful. I think the others I understand. Dorothy Wood: Thank you. Are there any other comments or discussion? Mr. Knight. Barry Knight: Some things in here that I think we need to get directly straight. As far as talking about the one house to five acres the one house to ten acres, some of these lots were platted back when it was legal to go one house per one acre and one house per three acres. That is where you may have gotten a little density. The one to five and the one to ten has only been in effect may be ten years or so. Some of these houses are a lot older than that. We have a Comprehensive Plan that we're willing to stick with. This Comprehensive Plan says limited commercial down here. I read that as meaning extremely limited commercial. As far as bars and restaurants and shopping centers down here, I can't envision where I would ever vote for a commercial rezoning down this neck of the woods unless it was specifically orientated to the residents down here and maybe more specifically to the agriculture community. It's a little bit of misnomer when you call this NAPA Auto Parts. It almost ought be called NAPA Agriculture Supply and Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 15 Auto Parts. You can go there at lunchtime everyday when the farmers are going out for lunch and that is when it is most crowded. They know they have some parts to get. Farming hasn't been the greatest industry in the world in the last 15-20 years. We have old equipment. It tends to break down a lot. Hydraulic hoses break. We need inner tubes so we're going by here. Sometimes I know some farmers that go down here everyday and maybe sometimes twice a day. So, when it says we have provisions for limited commercial down here we mean very, very limited. And, this is the situation where I think a commercial zoning is warranted and probably is needed. We have if you get towards Nimmo, you may have a Twin Bee Auto Parts he needs to expand his business to compete with the business like this. If he's not here and he can't compete and he truly disappears like the farm dealership did in Iowa, do you think they're going to fix us a hydraulic hose up there? Chances are no. Chances are we're going to have to go to Cleveland Street up in the industrial sector and time is money when we only have a certain window of opportunity to plant and harvest our crops. It is called in the Comprehensive Plan the Rural Service Area. Service being a key word is rural and this provides a service to us down here. As far as the road widths down here, we just did the Comprehensive Plan. We had the road widths. A 120-foot right-of-way from Pungo down to Pungo Ferry we got it narrowed to 100 feet. The right-of-way that we even own some of it but on the City's book is 100 feet. That's going to take in the pavement, the swale ditches, maybe a bike lane on the side. We don't even have room for a four -lane road down here and put it in fashion that we need to put it in. So, the four -lane road is out. This business is going to be for agriculture parts and auto parts but agriculture is the key framework for this. The Simpsons have been life long residents. We have three generations that have been in the auto and the service business down here. They do support the community. I don't even know how to stay in business they donate so much money to different organizations down there. And as far as this intersection, it is a busy intersection but I don't believe this intersection is possible as dangerous as where they are now. I have been in the auto parts store in the parking lot a couple of times when someone stops heading south to take a left on Pleasant Ridge a large dump truck will come around the curve and wont' see him in time have to hit the brakes and either go in the ditch or slide right through the parking lot. We have a proposal right now, to explore putting a left hand turn lane heading south right in front of the NAPA Auto Parts as one down at Gum Bridge Road, I believe it is. There have been some accidents down here. This is a little bit of a straighter, now quite as much as a blind curve. So, as far as the style and the type of building down here, I agree with some of the farmers that say this is keeping in the rural character. We don't need a brick building down here. I don't believe that it will just look a little intrusive down here. We have 3 or 4 or 5 equestrian centers down here that were very proud of I think they look wonderful and this is in keeping with the character with that. I believe that this building is in keeping with the character of the quality and the style that we want down here to advocate the rural and agricultural atmosphere that we now have down here. And, I'm going to be in support of this. Dorothy Wood: Thank you. Mr. Franken, I noticed that you had your hand raised. Did you have new information? Thank you. Mr. Horsley. Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 16 Donald Horsley: Let me take my crack at some of these comments that we've heard today. One is that I didn't know farmers had quite as much clout as we may claim to have. But we got a lot of it I guess so we can get anything we want. But, what goes down to it the City has provided the agricultural community an opportunity to with the Agricultural Reserve Program as was mentioned early on. And, having a few businesses like this. We got a few feed stores and whatever but other than that we don't have any agriculture supply businesses in this area anymore. It was mentioned and I think Mr. William's letter kind of states it pretty clear that we got to go a minimum of 50 miles to get most of our parts and whatever. So, we need something. I mean if the City wants to maintain the viable agricultural industry we need some support services here. I think this is definitely one of them that we need to keep and to help them expand if we can. Location? Location? People can argue that there are better locations. Preferably, I would prefer to have it closer to Blackwater Steve, if we can get it there but I don't think that's the case. We won't be able to get it there. But he is established in this area and he's found a piece of property that's available and I think we got to consider that. I don't feel like this is going to develop into a major retail center. This is strictly a community business, an agriculture community. I just do not see it. We got a plan, as we mentioned to a 2500 plan that's been in affect for several years and that 2500 plan is a little bit out dated now because that has been reduced to the property that has gone into agricultural reserve program. Every time you retire some property into that program that density comes off this total. So, I think now we're probably and correct me if I'm wrong, I think were down in the 1800 plan right now, something like that. I don't think a lot of these traffic problems that are created on Princess Anne Road are necessarily created by Virginia Beach people, our neighbors in North Carolina have contributed a lot to the congestion on Princess Anne Road and I think many of you can attest to that. The road traffic problems, you know as Barry mentioned the Agricultural Advisory Commission stays up on issues that they think are important in the City and Barry mentioned that one night at one of our meetings about some of these dangerous intersections. And, he's right. They are already in the plans to make some changes for turn lanes and whatever at some of these major intersections. And, this West Neck could be very well added to that if the need seems to be there. And, I respect Mr. Waller comments on the building. But if you ride through the rural end of the City even on our farm at home we have two metal buildings that are very similar in color to this building. That is just something you see. You got horse facilities. You got farm buildings. That's the most logical thing to build in the rural end of the City and in the farming community. So, they've done a lot of work with landscaping. They put the brick face at the base of the building. I think they've done an outstanding job with this plan. I respect the people who are in opposition. May be we would feel different if it was in our backyard or whatever but I think the Simpsons have proved to be good neighbors. Good citizens. I think they will do everything they can to please their neighbors and try to make their business not interfere with their livelihoods. So, with that whenever you're ready for a motion, I'm ready for one. Dorothy Wood: Is there any other discussion? Mr. Crabtree. Eugene Crabtree: Just words. I'm going to support Don and Barry in this. I grew up on a farm community. I lived there until I left home many years ago. I found out that if it's Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 17 the old school, if you're in Rome you do as the Romans do. If you're going to move into the farm community you got to do was the farmers do. It is a rural community. It is a farm community. If you chose to move and relocate and live there you have to put up with the things that go with it. This is a business that is designed for the farmers. The farmers are going to use it. There's no more traffic that is going to go to the new store than currently goes to the old store. So, the thing of traffic just doesn't fly. The hours of operation is going to be during the daytime. It's not going to disturb anybody's rest or peace or whatever I do not believe. And, therefore since it is for the farmers, it's something that they need that they got to have. And, if we don't do it and if we don't put it down there, pretty soon we're not going to have the farmers because they can't afford to go someplace else and lose the time to get parts off their equipment and to do things and to farm. We're not going to have any farmers. And if we don't have any farmers we're not going to eat. Dorothy Wood: Thank you Gene. Eugene Crabtree: So in that case, I'm going to be for it. Dorothy Wood: Thank you. Mr. Miller. Robert Miller: I'm not going to make a long speech. I think the question that Mr. Franken asked of strategic thinking and so forth is one of the paradoxes of this conversation is that the stakeholders come forward and listen to all the stakeholders and we still have to make a decision. And, the decision we made is basically outlined in the Comprehensive Plan as you pointed out_ I feel like the Comprehensive Plan kind of sets of the paradoxes that we called this Agricultural Area and Agricultural Reserve Area and then we said yes, we want additional folks to live down there, 2500 plan. And, then we come back now and find each other kind of going at the issue from two different directions. One of is perceived quality of life from an agricultural point of view and the other is certain a perceived quality of life from a pure residential point of view. And the balance of that is very difficult to meet but I think the outline that we set in place to start with and it says agricultural from the gecko is that we want to make sure and provide for the needs of that community and that community has a need that's not being able to be met at its current configuration. So, I'm going to be in support of this application. Dorothy Wood: Mr. Waller. John Waller: I am and after listening to the opposition, I'm still don't think it's too bad an idea to go ahead and rezone it. I'm not against the rezoning. It's inevitable that corner is going to be a major intersection in a couple of years and my problem is that it should be and make is whole lot easier for everybody down there if you have a well designed buildings and the buildings to come after this. It needs a little better architectural design to improve it and it would make it a whole lot easier for all you people who live down there but I'm going to oppose it not because I'm opposed to the rezoning but I'm opposed to the style of building. It just sort of sets a precedent to go down there. Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 18 Dorothy Wood: Thank you. Is there anyone else? Mr. Horsley, we're ready for your motion please. Donald Horsley: Unless Barry wants to make it. I'm prepared to make a motion that we approve the application, Item #9 & 10. Barry Knight: I'll second it. Dorothy Wood: A motion by Don Horsley, seconded by Barry Knight to approve Item #9 & 10. How do we do this? AYE 10 NAY 1 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER NAY WOOD AYE Ed Weeden: By a vote 10-1, Items #9 & 10 has been approved. Dorothy Wood: This is just a recommendation. I know that people who oppose, I just want to make sure that you realize that we are only recommending to City Council and you will have an opportunity to go to City Council and present your side, and thank you all for coming today. We do appreciate it. THIS 15 A PETITION FOR. "HIE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE RE QUESTING A 70NLNG CHANGE FOR THAT PROPERTY FROI\I 'FHF CITY. NAME ADDRESS QLM4tiCa 3573 d rVG,720 V4. ^h 11,q 4 j ,+fJ/ 1 ^J��e-, AVi�A C (--b • r J4 45�(K Z 4 Sha�� IJtJ✓ �r ,Gs=� --- I7S5 )rJ 1✓ �d C�, �'> d33�o I THIS IS A PETITION FOR TZ-IE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING A ZONING CHANGE FOR THA r PROPrR'fY FROI�,I 'CHF CITY. ADDRESS c �% 6�G l7 -)3Lat_it 3 THIS IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FROM THE CITY. NAME ADDRESS 'AMA (3 u �==c,� (� 10,E(�u ��N Cry eOy Al 3ePo4 6AI-gd teE to-1 UA1"A ails) V_ V . /Jhrvi IGS LAW ff-Ly RcAGW a3452 �-2 L43 T�7 a3ys i i ts`7 I THIS IS A PFTITION FOR THE RELOCATIONOF PLEASANT RIDGE AIITO PARTS; TC>'TI IE: LOCATION OF WL:S"I' NECK AND PRINCESS ANNF ROADS. WE ARE P.E;QUESTING A ZONING CHANGE FOR J HAT PROPERTY FRO.M'I'HE CITY. I NAME ADDRESS r G 30 lPUQL-3,,-Q �� � V(D 3J`15 1 0.1 THIS IS A PETITION I OR THE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO THE LOCATION OF WESTNECK AND PRINCESS ANNE ROADS. WL ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FROM "I'HF. CITY. NAME ADDRESS I Mo �a a3ys'7 zd G THIS 1S A PETITION FOR'IHE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO THE LOCATION OF WESTNECK AND PRINCLSS ANNE ROADS. WE ARE REQUESTING A ZONING CHANGE, FOR THAT PROPLRTY FROlm 1]-IF. CITY. NAME ADDRESS C L fL o wo'7 tu wc-161M �Gin% c /7yz � I THIS IS A PETITION FOR THE RELOCATION OF PLE'ASAN'r RIDGE AUTO PARTS; TO TI IE LOC'A'l ION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE RLQUL',STING A ZONING CHANGE FOR THAT PROP@RTY FROM TT-TF CITY. NAME J e0.rl h ie-- Ti Aft A k ru nt k ADDRESS q31 37(og ✓1- q05 )Cpss &Q IU V6,4423gs7 rtIVC,eSS AVGIE Ad. U�.�CIFV4 g47ct a +► �o Ch clY Iz, t le�i� �i U q a3V36 PHIS IS A PFI'I HON FOR THE RELOCATION Ol' PLEASANT RIDGE AUTO PARTS; TO TI IE LOCATION OF WEST NECK AND PRLNCLSS ANNE ROADS. WE ARE REQULSTING A ZONING CHANGE FOR THAT PROPERTY FRO'v-1 THE. CITY. NAME ADDRESS Ck a THIS IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FROM THE CITY. B NAME ADDRESS crno �cl pt//wr,cc //�- 23q-s7 i AleSS/,'m !/�l� 67— 110 & lpp aa W eln loc k of (✓,n Sr ✓4, to . !ZD. \: Z 3y 6y 1g a5ys7 VA 0 U✓� 2Jyr� c'%. a.3yf S v c C� ��5fon 3lyy Arn. i �/ Ua ij�ti Uif a3 /S6 /.g�j t6 �3�5�. z /6 THIS IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FROM THE CITY. NAME (� ADDRESS 23 Lti A� . THIS IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE ALTO PANTS; TO ME LOCG%PION OF NEST NECK AND PRINCL•SS ANNE ROADS. WE ARL REQUESTING A ZONINC3 CHANGE FOR TIIAI- PROPERTY FROM THE. CITY. Cy l Lee /�- THIS 1S A PETITION I,OR THE RELOCATION RIDGE AUTO PAI:TS; TO TIME LOCATION OF WESTNECK AND PP-TNCLSS ANNE ROADS. WE ARE REQUESTING A ZONING CHANGE FORT I [AT PROPEWFY FRO?v4 '[1-IE CITY. NAME ADDRESS U -- r L2 9%S5 --5�- Uq ac4qLll YiE mA�ts (Al(UAn. �2�7 %\vu Pk 1)64 �arWt',i 231(0 THIS IS A PETITION FOR THE RELOCATION OF PLEASANT' RIDGE AUTO PARTS; TO THE LOCAT'IONT OF WESTNECK AND PRINCESS AN -NE ROADS. WE ARE RHQU) STING A ZONING CHANGE FOR'THA'I- PROPERTY FRO�,1-1-1-IF CITY. % NAME ADDRESS J r / v /1�------�.` !i` -5k /535 Q' a 3 7 3----- THIS IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO PARTS; T'O'THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE. REQUESTING A ZONING CHANGE FOR THAI' PROPERTY FROM THE CITY. NAME ADDRESS e /l 7W 3 r 23�57 2.T LI '7 j,p rvCX71S0 .kG2 �5 THIS IS .A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO PANTS; TO TITS LOCA'I"ION OF WEST NECK AND PRTNCESS ANNE ROADS. WE ARE REQUESTING A l_t:)NI?`'(3 CHANGE FOR TIIAT PROPERTY FROM THE CITY. NAME ADDRESS A)eaNAevs TVs 7 ��87 P-1 C%w e y 41, 2 -'? l ��relel/e 810 es h ,c 071%/In,t Q reef C —S Lgj, QF� \ G t�i�/a ,7 /DSIo vt Fss f�., .vf r���y/dt/9- 16 THIS IS .A PETITION FORTHE RELOCATION OP ,PLEASANT RIDGE AUTO PARTS; TO THE LOCATION OF WES'l NECK AND PRINCESS ANNE ROADS. WE ARL REQUESTING A ZONING CHANGE FOR THAT PROPERTY FROkI THE CITY. NAME To 17 IwDI�. ADDRESS zf'PVM61,, Z-1 vi 6 (,e 4-c l\ i qq 12 S �Zlnk-ems �NNc )2(D ✓4 234556 2iT oo, Gw �.0 T- /"7 THIS IS A PETITION wtO THE RELOCATION 01' I'LEASAN't RIDGE AUTO P.M.TS; TO THE LOCATI()N OF WES'INECK AND PRINCESS ANNF. ROADS. WE ARE REQULS'CING A ZONINIG CHANGE. FOR "I'IIAT PROPERLY FROM THE CITY. k4c 4 2j�/5' y. sys6 If-66R: I`v-vc.r-a ' 3b5 ?7.57�`J 23qs t' ld THIS IS A PETITION FOR THE RELOCATION OF PLEASANT PUDGE AUTO PAIN'S; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE PSI QULSTING A 'ZONING CHANGE FOR THAT PROPERTY FRONT THE CITY. NAME ADDRESS �o 13 --C4A 44 ed fvL VL /,oQ c 7 �F-Act - yet 7-3vS6 �,NcEss /-lM,vc )C� f �Zp z3ys ? /5 THIS IS A Pr', II'ION FoR THE RELOCATIONOF PLEASANT RIDGE AUTO PARTS; TO THE. LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING A "ZONING CHANGE FOR THAT PROPERTY 'rROM THE. CITY. NAME ADDRESS ��hy��\ 10'1 C< c,S ��3� slrtaSna� 1�cAg� ��yl�{�'�"�--• ;2U THIS IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE ALTO PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING A ZONING CHANGE. FOR THAT PROPERTY FROM THE CITY. NAX4r A 71111? r i z THIS IS A PETITION ITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO TI IE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING A Li;INING CHANGE- FOR THAT PROPER'iY FROM THE CITY. NAME ADDRESS 1 �%u vG C., �i l,� �t l v, (� o ✓'c' G fi S �l ! l 3 C N• a v ��f I\1 2 C k. 12 Ci .__ 1 22 THIS 1S A PUMTION I'UR'I'LI'E I-ELOCA'TION OP PLEASANT IUDGE Ali TO PARTS; TO THE LOCAI-ION OF WES'l NECK AND PRINCESS ANNF' ROA-DS. WE ARE REQUES"1"1NG A Z.ONIl�1G CHANGE FOR THAT PROPER'1 Y i'RO\Q "1'HE CITY. NAND ADDRESS a3q 3w((9 ids �c- a3 Y /W o / �� � Q� C�u1 -z Z Z 23 THIS IS A PETI LION i'OR THE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO TIIE: LOCATION OF WEST NECK AND PRTNCESS ANNE- ROADS. WF ARE REQULSTfNG A ZONING CHANGE FOR THATPROPERTY FROI\4 THE CITY. NAME ADDIUSS 23gs ;2js-7 I THIS 1S A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO TI IE: LOCATION OF WEST NECK AND PRLNCLSS ANNE ROADS. WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FRUIVI THE CITY. NAME ADDRESS ti.//�-Z9 r1 [f �/ 0�1'�il �P/�� ��1Gf�'tai i4+LF1� �[Y• 1 �1��.'f' !;✓ z i col c ti � ,-� fy �a� �� r_ �X �!5 .Q /,�e,9e�i ✓09 a3NS� ouU C. K �_�6`%l �°�urccaaa �r�na d�. �31fSC� /1�\1 �U1Q ✓Y� S✓v,i_' 11-f ��� ,l ,4 nii.L �/tAd,n/� Y�1 / V !T. /JL/J�ii /14 FA e 14 >9Sa a< THIS IS A Pl. IITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO TI IF LOCA'I 1ON OF WEST NECK AND PRINCESS ANNE ROADS. ` E' ARE REQUES"PING A ZONING CHANGE FOR THAT PROPERTY FRO"4 THE CITY. NAME ADDRESS Fog "V 6" ✓ /f% 4 !pw&� Z3g6q MXj,2z 3�T7 qs7 01 I THIS IS A PETITION FOR THE RELOCATION OF PL.EASANT RIDGE AUTO PARTS; TO THE LOCATION OF WESTNECK AND PRTNCLSS ANNF. ROADS. WE, ARE REQUESTING A Li)NINE CHANGE FOR THAT PROPERTY FRONT TI-IF CITY. lE ADDIZESS � > ga _ Z (' f5 - AA �V qq� klork Kd 3ys-2 -12 THIS IS A PETITION FOR THE RELOC'.ATION OF PLEASANT RIDGE AUTO PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING A ZONING CHANGE FOR -I IA"I' PROPER'CY FROM'11-IE. CITY. NAME ADDRESS In - Rriv I Q Z I ToiSJO'., 0 ' VA 9 - v 3� r CtiA� e6,e AV- X cic e . m THIS IS A PETI"i'1(-,)N FOR THE RELOCATION OF PLLASANI' RIDGE AUTO PAI' ITS; TO THE LOCAL ION OF WEST NECK AND ,PRINCESS ANNE ROADS. WE ARE REQUESTING A ZONING CHANGE FOR THATPROPE-RTY FIZO7.VI THE CITY. NAME ADDRESS 3 `72&/i✓sGyl/ )/// ' 1 '� A. eN a3'YS la2 V 5-3 56 - C � a C--1 --I 4 i 'Jria, W. <,f .'Al, �A20 S.AIC" /✓ 3GY�` Ak�TS'/✓Cdc 8� t/A,3N�N V-4. 7�3yJ% 1 P S%tC/�a5 gip/ ��SNyice<5 �tie'f r/If Be�c� 023ys 7 ii1AtX6e ss 13457 1&`h s W . && ns6x- /oo o 6'k&A-" ss 4n e 9d' , 'UGC-23 CP Mfig U-LLS tANIJIAIG U,`/ 7 5� v Mm THIS IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE All, TO PARTS; TO THE LOCATION OF WEST NECK. AND PRINCESS ANNF. ROADS. WE ARE RE.Ql1ESTING A ZONING CHANGE, FOR THAT PROPERTY FRONT THE; CITY. NAME ADDRESS lri,)Ic pit-z le) 0 ft/-5S A/1fUry'i- l7t_ewf� Q a'//U11 i 3 D I, y�ce45 �Jnpv� e .ib-rLf O }�7 c �'O2y�5 ��r�yi„vccss //VN j70, c�vd r,S �MnG!✓ zpt L S b 51 �c THIS 1S A PETITION FOR'THE RELOCATION OF PLLA.SANT RIDGE AUTO ['ARTS; TO THE. LOCAI'lON OF WES"INECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING,(,, ZONING CHANGE FOR THAT PROPERTY FRON,l THE CITY. NAME, ADDRESS IJ S-_7E 3zzy I���. cr�� �C)A fRr �/�yS�ii� e2733 47,1 gNlJir/� y3u�f� IN*Ar 4OV oiG Afs /riAr •t! vL11 /%� i . J %2s-r/iZrt �ti i�al- d%, L3z/f �2 C—,Cr 1 f\ I A. 14017 tow er. THIS IS A PETITION I -OR THE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO TIIF_. LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FRO? I TI-IF CITY. v s� ADDI:ESS �j / y 2 e Pl2/41C,& � FCAl/ 3«d— R-q/ 'Vo, 6c—h, ') 3 ce S U rtnCe-s56,44 C . �.�clk,VA6i 31& a:vP �iloaA 4mt Raj4k, v-8c4, mil E ION FOR THE RELOCATION OF PLEASANT RIDGE AUTO LOCATION OF ;'EST NECK AND PRINCESS ANNE ROADS. I STING A 'ZONING CHANGE FOR THAT PROPERTY FROM THE ADDRESS �1J2 I 4345 -Vv,p wnoDS b(Z1va 55+ L&S? GFRSHwiM D12 )'S It 4SOi OQCFtm2U t-A3� VA Ber4eA/ 4estil y60 PtmJCE.ss AuVff Ttb. i)A'Ss'*cH 2(,93 gx.ftar,14 f EMAN lzgi ckocc.Ih STi'cET �i�_ I�rti - 33 THIS IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO PARTS: TO TI IE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FROM THE. CITY. L_ NAME ADDRESS Current Planning Division Municipal Center Building 2, Room 115 2405 Courthouse Drive Virginia Beach, Va. 23456-9040 Mr. and Mrs. Raymond E. Lobus 4132 West Neck Rd. Virginia Beach, Va. 23456 CiRe -Pleasant Ridge Auto Parts, Inc. C r,4y-) (K 16-210-CRZ-2004) Dear Planning Commission Members: When I bought this lot four years ago from Wayne Murden, he told me that the surrounding properties were zoned agricultural and would remain as such. This was one of the major reasons for my purchase. I did not want to be in a city environment, with all the negatives associated with that. Now, he is attempting to change the conditions, with all the negative impacts associated with that. He gets the money and we are left with the traffic, business next to our properties, etc. I've invested much of what I have, being retired, in this home. The city of Virginia Beach is enjoying the increased real estate taxes from that investment. I feel that the city would be breaking faith with us if they approve this rezoning request Please do not approve this petition. Sincerely yours, Mr. & Mrs. Raymond Lobus April 7, 2004 Mr. Robert Scott Director, Planning Department Municipal Center — Bldg 2 2405 Courthouse Dr. Virginia Beach VA 23456 Dear Mr. Scott, On behalf of many residents of the Pleasant Ridge community, I submit the attached letter of petition. This letter expresses our individual and collective opposition to an ongoing action whereby the NW comer of the intersection of West Neck and Princess Anne Road is proposed to be rezoned from Agricultural to Commercial. Essentially all nearby residents whose quality of life and residential property values would be affected by the proposed rezoning have expressed their firm opposition. Nearby residents not on the list were either not able to be contacted, or, some have equities in the commercial development prospect(s). I request that you distribute copies of the petition letter (four pages) to each member of the planning commission and each member of Va. Beach city council. Also attached is an original letter from a former resident, attesting to the fact that their family, mine, and others, were approached during or about 1998, by the landowner(s) of the property in question. In that action, the landowner sought and received neighborhood signatures on his petition to "develop two or three" additional properties on his acreage. The "quid pro quo," as I and others recall, was that "the remainder of his properties would "remain in agricultural zoning/use." That same property is now being proposed for three acres of Commercial zoning. I have sought to find some evidence of this "proffer" to no avail. Whether or not it was used to achieve the development approval is not clear. Inexplicably, no record of it exists. I request that you make the attached letter also a part of the official record. I would appreciate your informing me of the schedule and key milestones for the proposed rezoning hearings. I further ask that you make available, copies of the application for the rezoning, as well all comments by the various agencies who review such actions. Please extend our thanks to Ms. Karen Prochilo for her most professional support throughout this process. She certainly exemplifies the ideal public employee. Thank you in advance. Sincere V, ti, Daniel Franken, CAPT, USN (Ret) LETTER OF PETITION TO VIRGINIA BEACH CITY COUNCIL AND PLANNING COMMISSION The undersigned citizens of Virginia Beach and residents of the Pleasant Ridge area hereby express our utmost opposition to a request for zoning change that would permit the construction of a NAPA auto parts store on the NW comer of the intersection of Princess Anne and West Neck Roads. There are numerous reasons for our opposition, foremost being that such an enterprise will have a negative impact on the rural residential environment that each of us seek and is why we live here. Second, locating a new, larger store at this critically busy rural intersection of West Neck and Princess Anne Roads will exacerbate already intense traffic density, further decrease safe travel, and worsen the area's quality of life. Third, we believe that a zoning change from Agricultural to Commercial will eventually pave the way to an unstopping rationale for further commercial development at a key nexus of roadways and country homes. Other critical points: The proposed rezoning is in conflict with the newest Virginia Beach Comprehensive Plan (dated Dec 2003) in nearly every respect. For instance, the Plan's policy guidance for the rural area of the city states: "protect rural character and existing scenic views... franchise retail, office parks or shopping centers are not to be encouraged... create non-residential development at key crossroads to encourage community interaction of people, not vehicles... commercial retail development should be located in existing defined rural commercial centers, such as Creeds and Blackwater, for supporting the local rural community in lieu of strip shopping center development. " Regarding Residential Development, Guidelines call for: "Rural settlement patterns reinforce pastoral ways of life... immediate views along the main rural roads are of pasturelands, croplands... located at a distance q f, jthe road are farm homes, barns, silos, and other outbuildings. " The Rural Area (all city area south of Indian River Road) is designated a Special Area per the Comprehensive Plan. As such, limited low c density residential development, and no additional requirement for v�l infrastructure is called for in the plan — withpreservation of the rural character having prominence. It is for this very reason that so many residents of this Special Rural Area chose to invest in homes and acreages to live here. The erection of a new commercial activity (in an area that is, arguably, already too densely developed) within a very close distance (hundreds of feet and hundreds of yards) to no less than fifteen homes is unacceptable. Approval for such a rezoning and commercial development would certainly violate both the letter and intent of the Comprehensive Plan. When the impact on traffic safety, noise, overall environment and other factors are considered, the proposal appears completely incongruous to the neighborhood and public good at large. Said another way, the residents of this area have deliberately invested in half -million dollar homes, and don't expect nor desire an auto parts store plunked within their midst. The current NAPA store appears to serve the area completely satisfactorily and is a part of the accepted landscape. There are dozens of businesses located in appropriate commercial nodes that offer similar or like products to that of the NAPA store — all within relatively short distances. We, like most families who chose to live in country, expect and desire to purchase consumer products at establishments in commercial sectors of the city — that is why we live here. The subject rezoning request presents a test of the city's commitment to its policy and vision — its Comprehensive Plan. In so doing, it will explore what is in the best interests of the citizens. The signers of this petition have made strategic decisions for our families and futures by choosing to live here, and we rely on the words and commitments of our public officials and elected representatives. We have dedicated a large amount of personal resources to invest in rural homes and enjoy a unique quality of life. In advance, we thank the employees who serve the city of Virginia Beach staff; members of the Planning Commission, and City Council for their integrity, vision, and commitment to our great city. NAME & ADDRESS SIGNATURE DATE /%�/IAi�'C-�t' y/6/ GzEsr /1 Cc �'d C1. t � / � c j f{ elLJ rLry ' ( �Yrf 4��7lLAu d - C _ 0001, f Ru� S Ll3 i Wit" Al A (C, t2o j f A S� bra Y"z o os�z JL_— o; ��oy L UA-� 1LA 0 �(\rI c&sS Qtn`^� 11 � J�t2 v�5 /Ccl, led. 1 f c%k,vl: 04 oc1-0 :�'°`l g1.1-/cy 4 Zc Z Y Jw kle, ism �J ce ry / s P—d v! t 671 r7 t cl 61e�c�' L Zak � �v4A VC� Z� a3Y-5 4� 13 -�R_+a� c L f? taZ.Cf+•' Gf? Kam, ff � Zell 3+ztry t A Lam �ilr �lc lAces~��t� VtiY lhtG 6etzcLx, VA asis-O AAv&J N036V c � i y ': MELINDA n.; March 30, 2004 K1CKLIGHTER To Whom It May Concern: 2415 Elko Road Elko, GA 31025-2177 1 was asked by former neighbors from the Pleasant Ridge area to recall events of about 1998, wherein the Murden family sought to have permis- sion to build two or three additional homes on the Murden acreage bor- dered by West Neck and Princess Anne Road. Let it be known, that I signed the Murden's petition. The "Proffer", as said by them, contained their pro- posal, that the remainder of their agricultural zoned property would remain in agricultural use. Sincerely, Q' Melinda G. Kickhghter, form dent 4177 West Neck Road Virginia Beach, VA 23456 Phone: 478-988-8045 Email: queenpungo@msn. corn L. APPOINTMENTS DEVELOPMENT AUTHORITY PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT