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Home My WebLink AboutSEPTEMBER 14, 2004 AGENDA /I II II II I I I CITY COUNCIL I CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MA YOR MEYERA E. OBERNDORF, ."-LA,., VICE M,' >OR LOUIS R. JONES, Bay"d, - Di",i,,' HARRY E. DlEZEL K,mp"i'" - Diwi" 2 :g:;~T:;'C~;~~^C';~:~~::"-'~~~;~;'¡J RICH.'RDA MADDor &a,h D,.""", J/MRE£"E. P,wm-"""-Di"",, , PETER W. SCHMIDT A'.L"" RON.4. >7LLANU£>A, ."-La,., ROSEMARY WILSON A'-Ld'" JAMES L WOOD, Ly""ha"" -Duni" 5 CITY COUNCIL AGENDA cm M",-'GE" . JAMES K SPORE CITY ATTORNEY - LESLIE L LILLEY CITY CLERK - RUTH HODGES SMITH. MMC 14 September 2004 I. CITY COUNCIL BRIEFING Conference Room - A. KING 1'.'EPTUNE STATUE Nancy A. Creech, President, Neptune Festival II. CITY MANAGER'S BRIEFING A. TREE REMOVAL ORDINANCE Wade KyJe, Waste Management Administrator III. CITY COUNCIL COMMENTS [v. REVIEW OF AGENDA ITEMS v. INFORMAL SESSION - Conference Room- 3:00 PM A. CALL TO ORDER - Mayor Meyera E- Obemdorf B. ROLL CALL OF CITY COUNCIL c. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COUKTHOUSE DRIVE VIRGINiA BEACH ViRGiNiA 23456-8005 PHOHEo(757¡ 427-4303 FAX/7m 416-5669 E- MAiL.- C~'c"cI@>bgo>,com 1:30 PM VI. FORMAL SESSION 6:00 PM I I A CALL TO ORDER - Mayor Meyera E. Obemdorf B INVOCATION: Dr. Stanley Sa"-yer. Pastor All Saints Episcopal Church c. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES I. INFORMAL AND FORMAL SESSIONS September 7, 2004 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA 1. RESOL UTIONS/ORDINANCES I. Reso]utions re design and right-of-way acquisition of Princess Anne Road projects: a. Phase IV Dam Neck Road to Nimno Parkway b. Phase V Holland Road to Genera! Booth Boulevard. 2. Resolution to increase the membership of the HISTORICAL REVIEW BOARD from six (6) to seven (7) members. (Requested by Council Lady Wilson) 3. Ordinance to AUTHORIZE a revised policy to allow PUBLIC COMMENT after the adjournment on non-agenda items. Each speaker will be allowed three (3) minutes and the number of speakers wi]! be limited to ten (10). This new policy wi1\ be effective the first meeting in October and each first meeting of the month thereafter for a trial period of six (6) months. and this comment oeriod will not be teJevised- 4. Ordinance re the L YNNHA VEN RIVER ENVIRONMENTAL RESTORA nON STUDY: a. ESTABLISH a capital project b. APPROPRIATE $450,000 from Stonnwater Management Utility Enterprise fund c, AUTHORIZE cost share agreement with U,S. ARMY CORPS of ENGINEERS 5. Ordinance to AUTHORIZE a temporary encroachmem for CHARLIE and CINDY PINCUS to construct and maintain a fence in the City's right-of-way at 62] BushnelJ Circle (DISTRICT 5 L YNNHA VEN) 6. Ordinance to ACCEPT and APPROPRIATE $48,000 from the Department of Homeland Security to the Fire Department's FY 2004-05 Operating Budget re four FEMA team members who provided security at the Democratic and Republican National Conventions. 1. PLANNING 1. Petition for a Variance to § 4.4(b) of the Subdivision Ordinance that requires alJ newly created lots meet alJ the requirements of the City Zoning Ordinance (CZO) for RICHARD RIGGS to exclude floodplain areas subject to special restrictions from counting towards minimum lot area and width requirements. (DISTRICT 7 - PRINCESS ANNE) Recommendation: Staff Planning Commission DENIAL APPROV AI. 2. Application of COLONIAL BAPTIST CHURCH for a Conditional Use Permit re a church (expansion) at 2221 CentervilJe Turnpike (DISTRICT I - CENTERVILLE) Recommendation: APPROV AL 3. Applications of HERTZ LOCAL EDITION for Conditional Use Permits: a. Motor vehicle rentals at 3205 Virginia Beach Boulevard (DISTRICT 3 - ROSE HALL) b. Motor vehicle rentals at 5476 Virginia Beach Boulevard (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVE BOTH 4. 5. 6. AppJication of JONATHAN R. KING for Conditional Use Permit re a home occupation (firearm sales) at 224 Gatewood Avenue (DISTRICT 6 - BEACH) Recommendation: APPROVAL Application of THOMAS RITCHIE, FINE EDGE LAWN & LAND, INc. for Conditional Use Permit re bulk storage at 400 First Colonial Road (DISTRICT 6 - BEACH) Recommendation: APPROV AL App1ication of VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC), for a Conditional Use Permit re a Facility for the Disabled at West Neck Road and North Landing Road (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROV AL 7- Application of DR. JOHNNY'S APPLIANCES for a Modification of Prot(ers for a Conditiona! Change of Zoning from AG-2 Agricultural District to Conditional B-2 Community Business District (approved by City Council on January 25, 1994), (Harold Dean flora, Sf. & Mary Ellen Flora) for a sign at ] 941 General Booth Boulevard (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL 8. Application of ESI PROPERTIES II, L.L.c. and KAMAREK PROPERTY II, L.L.c.for a Modification of Profers re a Conditional Change of Zoning from 0-2 Office District to I-] Light Industrial District (approved by City Council on July 9, 1996), (Electroruc Systems, Inc.) re a reduction in square footage at Expressway Drive and Edwin Drive (DISTRJCT 3 - ROSE HALL) Recommendation: APPROVAL 9. Application of WOMACK CHAPPELL, loloc. flkJaLinda T. Chappell for a Modifìcarioll ofCollditions re Conditional Change of Zoning ITom AG-l Agricu!tural District to I-I Li¡P¡t Industria! District (approved by City Council on May !4, 2002). (Linda T. ChappeU)re the side yard setback up to London Bridge Road at 2599 Dam Neck Road (DISTRICT 6 - BEACH) Recommendation: APPROVAL K. APPOINTMENTS BICYCLE and TRAJLS ADVISORY COMMITTEE HISTORICAL REVIEW BOARD MINORITY BUSINESS BOARD PUBLIC LffiRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT "" " * " " " " " * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TOO only 427-4305 (TDD - Telephonic Device for the Deaf) "*******"** Agenda 09/14J\)4IBUI www.vbgnv.corn L CITY COUNCIL BRIEFING Conference Room - 1:30PM A. KING NEPTUNE STATUE Nancy A. Creech, President, Neptune Festival II. CITY MANAGER'S BRIEFING A. TREE REMOVAL ORDINANCE Wade Kyle, Waste Management Administrator ill. CITY COUNCIL COMMENTS [Y. REVIEW OF AGENDA ITEMS v INFORMAL SESSION - Conference Room - 3:00 PM I I A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL c. RECESS TO CLOSED SESSION VJ. FORMAL SESSION A. B. c. D. E. F. G, H. 6:00 PM CALL TO ORDER - Mayor Meyera E. Oberndorf INVOCATION: Dr. Stanley Sawyer. Pastor All Saints Episcopa! Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES !. INFORMAL AND FORMAL SESSIONS September 7, 2004 AGENDA FOR FORMAL SESSION CONSENT AGENDA L RESO L UTIONS/ORDIN ANCES 1- Resolutions re design and right-of-way acquisition of Princess Anne Road projects: a. Phase IV Dam Neck Road to Nirnno Parkway b, Phase V Holland Road to General Booth Boulevard. 2, Resolution to increase the membership of the HISTORICAL REVIEW BOARD from six (6) to seven (7) members. (Requested by Council Lady WiJson) 3- Ordinance to AUTHORIZE a revised policy to allow PUBLIC COMMENT after the adjournment on non-agenda items. Each speaker wi]] be alJowed three (3) minutes and the number of speakers wilJ be limited to ten (10). This new policy wilJ be effective the first meeting in October and each first meeting of the month thereafter for a tria] period of six (6) months, and this comment period will not be televised. 4. Ordinance re the LYNNHAVEN RIVER ENVIRONMENTAL RESTORATION STUDY: a- ESTABLISH a capital project b, APPROPRIATE $450,000 from Stormwater Management Utility Enterprise Fund re c. AUTHORIZE cost share agreement with U.S. ARMY CORPS of ENGINEERS 5. Ordinance to AUTHORIZE a temporary encroachment for CHARLIE and CINDY PINCUS to construct and maintain a fence in the City's right-of-way at 621 Bushnell Circle (DISTRICT 5 L YNNHA YEN) 6. Ordinance to ACCEPT and APPROPRIATE $48,000 from the Department of Homeland Security to the Fire Department's FY 2004-05 Operating Budget re four FEMA team members who provided security at the Democratic and Republican National Conventions. ';.::~.:':Z!i' :'W~W \;::?-:::¿~~j " CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: Resolution to Endorse the Major Design Features and Authorize Right-of-Way Acquisition for Princess Anne Road Phase IV (CIP# 2-305). MEETING DATE: September 14, 2004 . Background: The purpose of this project is to design and construct a four-lane divided roadway from Dam Neck Road to the proposed Nimmo Parkway. The Location Corridor Study for this project was completed in August 1999. The recommended alignment from the Corridor Study was adopted by City Council (July 2000) and the Commonwealth Transportation Board. A Design Public Hearing was held on September 10,2003 to update citizens on the traffic and environmental studies and to receive comments on the major design features of the roadway. There were approximately 202 citizens in attendance. A total of 51 comment sheets were received following the meeting. Of those who responded, an overwhelming majority indicated that the widening of Princess Anne Road and the addition of Nimmo Parkway were necessary improvements to the City's arterial system. There were several questions and concerns raised about noise reduction for the project. The use of soundwalls and berms have been incorporated to address this issue. Most of the questions pertaining to noise reduction were related to the Virginia Department of Transportation's (VDOT) approval process for soundwalls- . Considerations: Funding for right-of-way acquisition is allocated for 2005 and a resolution must be approved by City Council before the Virginia Department of Transportation (VDOT) can proceed with the acquisition phase. The resolution includes approval of the major design features as well as the authorization to begin right-of-way acquisition. . Alternatives: If the resolution is denied, VDOT will be unable to begin right-of-way acquisition and the project will be delayed. . Recommendations: Approve the major design features as well as authorize right- of-way acquisition in order to keep this project on schedule- . Attachments: Resolution, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering City Manager:~ K ,ÖBISY"l. 2 A RESOLUTION FOR APPROV AL OF THE DESIGN AND THE DESIGN PUBLIC HEARING FOR PRINCESS ANNE ROAD PHASE N PROJECT (ClP#2-305) 5 6 WHERAS. a Design Public Hearing was conducted on September 10, 2003. ("Public Hearing") in the City of Virginia Beach by representatives of the Virginia Department of 9 Transportation after due and proper notice for the purposes of considering the proposed design of 10 Princess Anne Road Phase N-ClP # 2-305 (VDOT Project # 0615-134-V05, RWIOI, C501) (the 11 "Project"), in the City of Virginia Beach, at which time drawings and other pertinent information 12 were made available for pubJic inspection in accordance with state and federa] requirements; 13 WHEREAS, all persons and parties in attendance were afforded full opportunity to 14 participate in said Public Hearing; 15 WHEREAS. representatives of the City of Virginia Beach were present and participated in 16 said Public Hearing; 17 WHEREAS, the City Council had previously requested the Virginia Department of 18 Transportation to program this Project; and 19 WHEREAS, the City Council has considered all such matters. 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 I. The major design features of Princess Anne Road Phase N, ClP 2-305 (VDOT Project # 23 061 5-1 34-VOS, RWIOI) as presented at the Public Hearing conducted on September 10, 24 2003, and which are set forth on the Location Map attached hereto, are hereby approved- 25 2. The Virginia Department of Transportation is hereby requested to acquire all rights-of-way 26 necessary for this Project, and to convey said rights-of-way to the City at the appropriate 27 time. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 3. The Director of Public Works is hereby authorized to execute on behalf of the City of Virginia Beach, all the necessary utility agreements required in conjunction with acquiring such rights-of-way- Adopted by the Counci! of the City of Virginia Beach, Virginia. on the - day of .2004. PREPARED: 08/26/04 CA-9259 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 48 49 /ltf., - {Yu C{I; City Attorney's Office " ,1, /, I I LaND I ON BRIDGE I RD. '\ - , ' 0' /'!, // } - A¥\ N, ECK RD. r~\ / ,'I '\ , ,/ ' \ '/¡-é'-S- ,----/ ,~~/. "A '1>- .-' ' "<tc. (,' >?J'. / \Q::o( , ",,1: (' f- ", / ,~~ / "'(,1'. ',\,1'. " , " ',OA- ""Q'O^ '~,~ 1,/, ',\.:>' / ~o. / \7': --'----'-.(, ,,1',:, I". v~ "'-, , '\\) ~/', "", .I '" Á/~( Ì"----.'\ ,/'-.,(~ ~, 'f'~' ~', ~~/,/'^--- /c:::.)~'¡;Jj \;~y ,-' t- '\" '" " ~ / ----. ~I ,~Y y \ l.y.. X "'.;;'<vc;; // " (" '¡.-----\ \ \: "V- " . ' '<"/ ,'" " )< y-¡-, '\, ,~~~/ -?-~Y~5--/ --j \~, ~ ~ \ CYÝ Ji , '" ,I I \ ',~ '~v f' ) -> v',' --~' ""//-"'" , í~ ~ y\~--.,{ -(~\ ~V-;;~\ J '\\/~j '-, '~ ?--r--.,...." \ L.C ¡Y II "I' ! / / : \---- ---.J ~I \ L---L-1 '¡ I ~/ \ \, { (" , I I ~--1 I /"\ () ,~ r ~"r' t-'( ,f' ,}', 1;;(/ '" r --¡--- , ' \ -\ ,) 1/' /.-{ ~ \ / , ,/-1' /'yo '-,/' , /- ) '\ ) /.. / / /, )--f',;/ '- ' -~'\ A~1I Vé'-S-.r 4-0/11 ~-9, Z! '\ \ VIRGINIA BEACH TPC GOLF COURSE VIRGINIA MUNICIPAL \ \ \ vP \ \ '< ,(v \ \ eX" v ~\ '\ , ~\n PRINCESS ANNE ROAD - I,\~ 1~c.I.P. 2-305 çSCALE: 1" = 1600' W-:íI\ ~ \ ~~ :::::.-J \ \ \ ~ , I \ ~Q. --"",>¡I.G \ \..,þ-"'" \ '¡;I.O~-<'>(, \\ \ \ \ PHASE IV\ \ \ \ \ \ j .......... ft Pl'l ....~. 00/1>1<" .."'..... ;~:1:, \~I~lÞ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution to Endorse the Major Design Features and Authorize Right-of-Way Acquisition for Nimmo Parkway Phase V (CIP# 2-121). MEETING DATE: September 14, 2004 . Background: The purpose of this project is to design and construct a newly aligned four-lane divided roadway from Holland Road to General Booth Boulevard. The Location Corridor Study for this project was completed in August 1999. The recommended alignment from the Corridor Study was adopted by City Council (July 2000) and the Commonwealth Transportation Board. A Design Public Hearing was held on September 10, 2003 to update citizens on the traffic and environmental studies and to receive comments on the major design features of the roadway. There were approximately 202 citizens in attendance. A total of 51 comment sheets were received following the meeting. Ot those who responded, an overwhelming majority indicated that the widening of Princess Anne Road and the addition of Nimmo Parkway were necessary improvements to the City's arterial system. There were several questions and concerns raised about noise reduction for the project. The use of soundwalls and berms have been incorporated to address this issue. Most of the questions pertaining to noise reduction were related to the Virginia Department of Transportation's (VDOT) approval process for soundwalls. . Considerations: Funding for right-of-way acquisition is allocated for 2005 and a resolution must be approved by City Council before the Virginia Department of Transportation (VDOT) can proceed with the acquisition phase. The resolution includes approval of the major design features as well as the authorization to begin right-at-way acquisition. . Alternatives: If the resolution is denied, VDOT will be unable to begin right-of-way acquisition and the project will be delayed- . Recommendations: Approve the major design features as well as authorize right- of-way acquisition in order to keep this project on schedule- . Attachments: Resolution, Location Map Recommended Action: Approval Submitting Department/Agency: Public workS/Eng¡neer¡n't{ City Manager~ ~ ~~ 2 A RESOLUTION FOR APPROVAL OF THE DESIGN AND THE DESIGN PUBLIC HEARING FOR I','IMMO P ARKW A Y PHASE V PROJECT (CIP#2-121) WHERAS, a Design Public Hearing was conducted on September 10, 2003, ("Public Hearing") in the City of Virginia Beach by representatives of the Virginia Department of Transportation after due and proper notice for the purposes of considering the proposed design of 10 Nimmo Parkway Phase V-CIP # 2-121 (VDOT Project # 0615-134-108, RW201, C501), (the 11 "Project"), in the City of Virginia Beach, at which time drawings and other pertinent information 12 were made available for public inspection in accordance with state and federal requirements; 13 WHEREAS, a]] persons and parties in attendance were afforded fu]] opportunity to 14 participate in said Public Hearing; 15 WHEREAS, representatives of the City of Virginia Beach were present and participated in 16 said Public Hearing; 17 WHEREAS, the City Council had previously requested the Virginia Department of 18 Transportation to program this Project: and 19 WHEREAS, the City Council has considered all such matters- 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 l. The major design features of Nimmo Parkway Phase V, CIP # 2-121 (VDOTProject# 0615- 23 134-108, RW201, C501) as presented at the Public Hearing conducted on September 10, 24 2003, and which are set forth on the Location Map attached hereto, are hereby approved- 25 2- The Virginia Department of Transportation is hereby requested to acquire an rights-of-way 26 necessary for this Project, and to convey said rights-of-way to the City at the appropriate 27 time. 22 2, 3C 21 32 33 34 00 36 37 38 39 40 4, 42 43 44 3. The Director of Public Works is hereby authorized to execute on behalf of the City of Virginia Beach, all the necessary utility agreements required in conjunction with acquiring such rights-of-way. Adopted by the Council of the City of Virginia Beach, Virginia, on the - day of ,2004- PREPARED: 08/26/04 CA-9258 APPROVED AS TO CONTENT 45 APPROVED AS TO LEGAL SUFFICIENCY AND FORM 46 n IlJL rM ~ City Attorney's Office \ 48 49 ,,~fi?, "','7-1~W. \{~~~!J! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Increasing the Membership of the Historical Review Board MEETING DATE: September 14, 2004 . Background: The Historical Review Board currently has six members. Increasing the membership to seven will allow for increased community representation and also will decrease the likelihood of tie votes. . Public Information: Public information will be handled through the normal agenda process. . Recommendations: Adoption. . Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Requested by Council member Rosemary Wilson City Manager: 2 3 4 5 REQUESTED BY COUNCILMEMBER ROSEMARY WILSON A RESOLUTION INCREASING THE MEMBERSHIP OF THE HISTORICAL REVIEW BOARD 6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 That the Historical Review Board shall have seven members. Adopted by the Council of the City of Virginia Beach. Virginia, on the - day of September, 2004. APPROVED AS TO LEGAL SUFFICIENCY: ~~v- City Attorney's Office CA-9373 September 8, 2004 R-1 H :\P &A \G G\Ord Res\OldBeachCom m ittee.doc ,.'Æ"~¡, "}<~l::::"î, ," \~\ffJJt CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance Approving and Adopting a Revised Policy Pertaining to Time Limits for Speakers at City Council Meetings MEETING DATE: September 14, 2004 . Background: On March 11, 2003, City Council adopted a policy entitled, "Time Limits for Speakers at City Council Meetings." The policy currently permits public comment on agenda items only. The attached revision to the policy would allow public comment on items that are not on City Council's agenda. Public comment on non-agenda items would be allowed at the end of each formal session and would not be televised. Speakers would be allowed three minutes each, and up to ten speakers may register to speak. . Considerations: The revision will be effective for six months from the date of adoption. At the end of the six month evaluation period, unless City Council re-adopts this revised policy, the revised policy will expire, and the March 11, 2003 version shall govern. . Public Information: This ordinance requires no special advertising or other public notice. . Attachments: Ordinance Revised Policy Recommended Action: Approval Submitting Department/Agency: City Manager CltYManage~ \<... ,~~ 1 2 3 4 5 6 AN ORDINANCE APPROVING AND ADOPTING A REVISED POLICY PERTAINING TO TIME LMIITS FOR SPEAKERS AT CITY COUNCIL MEETINGS 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BRACH, VIRGINIA: 9 the approves Ci1:y Council hereby and adopts the That 1. 10 policy at City entitled "Time Limits for Speakers revised 11 Council Meetings," dated September which policy has 7 , 2004, 12 been exhibited to the City Council and a true copy of which is 13 on file in the City Clerk's Office. 14 That this revised policy shall be effective for six months 2. 15 from the date of adoption. Unless City Council, by ordinance, 16 re-adopts this policy within six months, the previous version of 17 this policy, adopted on March 11, 2003, shall govern thereafter. Adopted by the City Council of Virginia Beach, Virginia on this ----- day of September, 2004. APPROVED AS TO LEGAL SUFFICIENCY: ~~ City Attorney's Office CA-9364 H:\PA\GG\ORDRES\Speaker LimiéS ORD.doc R1 August 31, 2004 City Council Policy Title: Time Limits for Speakers at City Council Meetings Index Number: Date of Adoption: March 11,2003 I Date of Revision: Page 1 of 2 1.0 Purpose and Need The purpose of this policy is to provide reasonable, workable time limits for speakers at City Council meetings. The need for such a policy was determined by the City Council at its retreat on February 18, 2003- The policy is intended to recognize and accommodate the mutual interests of persons desiring to speak at City Council meetings, the value to the City Councii of public comment, and the need for the City Council to conduct business in an orderly, expeditious manner. This policy shali not apply to the discussion of agenda items by members of the City Council during City Councii meetings or to City Staff members acting in such capacity. 2.0 Time Limits 2.1 Planning Agenda Items (a) Planning Agenda items inciude rezonings, conditional zonings, conditional use permits, land use plan approvals. code and Comprehensive Plan amendments, nonconforming use resolutions, street closures and any other items for which a public hearing is required pursuant to Chapter 22 of Titie 15 of the Virginia Code- (b) The applicant, or representative of the applicant (generally, an attomey, professional engineer or other professional retained by the applicant) shall be allowed ten minutes for his or her initial presentation and an additional three minutes for rebuttal if any opponents of the application have spoken. (1) If there is more than one applicant (as, for example, when both the property owner and proposed developer are applicants) or if the applicant and representative both desire to speak, only one of them shall be allowed to speak for ten minutes. Upon request, however, the presiding officer may allow them to divide their time equally, so long as the total time of their initial presentation does not exceed ten minutes. (2) Speakers addressing the City Councii in a representative capacity shall not be allowed additional time in which to speak on his or her own behalf. (c) All other persons speaking in support of the application shall be allowed three minutes, and shall not be entitled to speak in rebuttal of any opposition comments. (d) Opponents of an application shall be allowed three minutes each- In the event the opponents are represented by an attorney, engineer or other professional whose profession includes, as a customary part thereof, appearing before governmentai bodies in a representative capacity, such representative shall be allowed ten minutes. In such cases, persons represented shall be encouraged not to provide additional comments- Title: Time Limits for Speakers at City Council Meetings Index Number: Date of Adoption: March 11, 2003 I Date of Revision: Page 2 of 2 (1) Only one speaker in opposition to the application shall be allowed ten minutes to speak. If there is more than one representative described in subsection (d), only one of them shall be allowed to speak for ten minutes. Upon request, however, the presiding officer may allow them to divide their time equally, so long as the total time of their presentation does not exceed ten minutes. (e) Opponents of an application shall not be entitled to address the City Council in rebuttal of any statements or other material provided to the City Council during the applicant's rebuttal. 2.2. Regular Agenda Items (a) Regular agenda items include all other agenda items at which public comment is allowed. (e!!) Each speaker, whether or not in a representative capacity, shall be allowed three minutes. 2.3 Comment on Non-Aaenda Items (a) Time shall be allotted after the conclusion of the first formal session of each month for non-televised eubllc comments on non-aaenda items. (b) Each seeaker. whether or not in a reeresentative caeacitv, shall be allowed three (3) minutes, (c) At each meetlna, ue to ten (10) seeakers may realster to seeak on non-aaenda items. If more than ten seeakers reQuest an oeeortunity to seeak. only the first ten to realster with the City Clerk shall be allowed to seeak- (d) The erovislons of this subsection shall exeire after the conclusion of the first formal session in March 2005. 3.0 Timekeeping; Written Material (a) The City Clerk shall keep time for each speaker in accordance with the provisions of Section 2, and shall verbally notify the speaker and presiding offICer at the expiration of the time allowed for each speaker. (b) Written comments or other material may be tendered to the City Clerk by any person desiring to do so- 4.0 Modification of Time Limits (a) The presiding officer, with the consent of the City Council, may extend or reduce any of the time limits set forth in Section 2. (b) The time limits for speakers set forth in Section 2 shall be exclusive of the time taken in responding to questions of members of the City Council. 5.0 Registration of Speakers Any person desiring to address the Council shall register with the City Clerk prior to the opening of the meeting- The inadvertent failure to do so shall not, however, disqualify any person from speaking- 6.0 Public Notice of Policy In accordance with City Code Section 2-41, this policy shall be included on the City's internet web site, posted outside of the City Council Chambers, and published in the City Council agenda for each regular meeting. .-ø~$" '~~-1'F~' \~~Ji CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Lynnhaven River Environmental Restoration Study by the Army Corps of Engineers, Federal Cost Sharing Agreement and Funding. MEETING DATE: September 14, 2004 . Background: The Army Corps of Engineers Reconnaissance Study (100% federally Funded) was completed in 2002. Since then, the City and the Corps have been negotiating the scope and cost of the Lynnhaven River Environmental Restoration Study. The cost of this study has been reduced from $6 million to $3 million over 5 years. The City will be a 50% cost share partner with the Corps. Partnering with the Corps will allow the study to identify the measures necessary to restore the Lynnhaven River to a healthy and productive estuary. Upon completion of the study, the cost sharing can continue to design (50150) and construction (65135, Corps to pay 65%). . Considerations: The Army Corps of Engineers currently has $456,000 available for the Lynnhaven River project If the City does not sign the cost sharing agreement, these funds will be transferred elsewhere in the nation. Retained earnings in the City's stormwater utility fund can provide the necessary funding both now and over the next 5 years. The attached ordinance will authorize the City Manager to sign the cost sharing agreement; it also creates a new capital improvement project to manage this City/Federal Partnership and appropriates $450,000 to this project. The 'local projected cost of this project will be $1.5 million over 5 years. . Public Information: Numerous briefings have been given to the Lynnhaven 2007 group. This group is fully in support of the project as a long term strategy to restore the Lynnhaven River. . Alternatives: The City is currently under a state directed TMDL (Total Maximum Daily Load) for fecal coliform for the Lynnhaven River. TMDL's for the sediment and nutrients are expected to follow in the next 6 years. If the City does not partner with the Corps, a water quality program will still be required. However, the City will have to fund it alone and will not have the federal partnership to share costs for Design and Construction of the necessary water quality measures. . Recommendations: Approve the ordinance to create the Lynnhaven River Environmental Restoration Study, CIP and authorize the City Manager to sign the cost sharing agreement . Attachments: Ordinance and summary of cost sharing agreement Recommended Action: Approval -f'iA.. Submitting Department/Agency: Public Works Engin~. City Manager~ ~ . ~ ~ - 26 27 28 1 2 3 4 5 6 7 AN ORDINANCE TO ESTABLISH CIP #7-157, "LYNNHAVEN RIVER ENVIRONMENTAL RESTORATION STUDY," APPROPEIATE $450,000 FEOM THE STORM WATER UTILITY ENTERPRISE FUND TO THIS PROJECT, AND AUTHORIZE A COST SHARE AGREEMENT WITH THE CORPS OF ENGINEERS 8 WHEREAS, the City and the U.S. Army Corps of Engineers 9 have developed a cost share agreement to perform an environmental 10 restoration study of the Lynnhaven River Basin, and the City's 11 initial share is estimated to be $450,000; and 12 WHEREAS, retained earnings are available in the Storm 13 Water Utility Enterprise Fund to cover the City's share of the 14 study costs. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 16 CITY OF VIRGINIA BEACH, VIRGINIA: 17 1. That CIP #7-157, "Lynnhaven River Environmental 18 Restoration Study," is hereby established as a capital project in 19 the City's Capital Improvement Program. 20 2. That $450,000 in retained earnings from the Storm 21 Water Utility Enterprise Fund is hereby appropriated to CIP #7- 22 157, "Lynnhaven River Environmental Restoration Study" to cover 23 the City's portion of the restoration study's costs, with revenue 24 increased accordingly. 25 3. That the City Manager, or his designee, is hereby authorized to enter into an agreement with the U.S. Army Corps of Engineers to share the costs of the Lynnhaven River Environmental Restoration Study. Adopted by the Council of the City of Virginia Beach, Virginia, on the ----- day of , 2004. J90~ c: GonCenC' M"n"ge~n' s~ I APPROVED AS TO LEGAL SUFFICIENCY: " Avz1, vvwr . it Y At torney' CA-9365 August 31, 2004 R-3 H:\PA\GG\ORDRES\Lynnhaven River Restoration Study ORD.doc FEASIBILITY STUDY: L YNNHA VEN RIVER BASIN FEDERAL SPONSOR: NON-FEDERAL SPONSORS: PROJECT: FEDERAL SPONSOR RESPONSIBILITIES: NON-FEDERAL SPONSORS. REPONSIBILITIES: TERMINATION: SUMMARY OF TER..."AS Participating in the agreement as the Federal Sponsor is the Federal Government represented by the Department of the Army, Norfolk District, Corps of Engineers. Participating in the agreement as the Non- Federal Sponsor is the City of Virginia Beach. The study of the Lynrthaven River Basin to determine if the U.S. House of Representatives' 1998 report on the condition of the Lynnhaven River should be modified in the interest of environmental restoration and protection. The Federal Sponsor is responsible for 50 percent of the cost of the study. The total cost is estimated at $3,000,000- The Non-Federal sponsor is responsible for 50 percent of the cost of the study. The City of Virginia Beach's total contribution is estimated to be $1,500,000. The agreement shall be terminated if the Non-Federal Sponsor fails to fulfill its monetary responsibility- .{æ~~1 'á,'~-I~\\>' {~:~lV CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment to allow an existing 72" wood privacy fence at 621 Bushnell Court, property of Charlie L. Pincus III and Cindy O. Pincus MEETING DATE: SEPTEMBER 14, 2004 . Background: Mr. and Mrs. Pincus have requested permission to encroach into a portion of the City's right of way known as General Booth Boulevard and a City-owned 10' scenic easement located behind 621 Bushnell Court. The purpose of this encroachment is to allow an existing 72" wood privacy fence, including maintenance, behind 621 Bushnell Court. . Considerations: Staff has reviewed the requested encroachment and recommended approval of same, subject to certain conditions outlined in the agreement . Public Information: Advertisement of City Council Agenda. Alternatives: Approve the encroachment as requested, deny the encroachment, or add conditions as desired by Council . . Recommendations: Staff recommends approval of this encroachment subject to the applicant complying with conditions set forth in the agreement Authorize City Manager to sign agreement . Attachments: Ordinance, Location Map, Agreement, Plat and Pictures Recommended Action: Approve Submitting Department/Agency: Public Works ~ #JJ City M"""'~ k-, ð-« ði'1. I 2 3 4 5 6 7 8 9 10 11 12 13 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF GENERAL BOOTH BOULEVARD LOCATED AT 621 BUSHNELL CIRCLE BY CHARLIE L. PINCUS, III AND CINDY 0- PINCUS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Charlie L. Pincus, III and Cindy 0- Pincus desire to maintain a 72" 14 fence within the City's right-of-way located at 621 Bushnell Circle. 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's right-of-way subject to such terms and conditions as Council may prescribe- 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 19 20 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Charlie L. Pincus III and 21 22 Cindy 0- Pincus, their heirs, assigns and successors in title are authorized to construct 23 and maintain a temporary encroachment for a fence in the City's right-of-way as shown 24 on the map entitled: "Exhibit A, PHYSICAL SURVEY OF LOT -1 SUBDIVISION OF CROAT AN LANDING PLAT RECORDED IN D.B. 2562, PG. 1375-1376, IN THE 25 26 CLERK'S OFFICE OF THE CIRCUIT COURT, VIRGINIA BEACH, VIRGINIA For CHARLES PINCUS, III SCALE: 1 "=25' F.B.876 PG.73 DECEMBER 17, 2003," a copy of 27 28 which is on file in the Department of Public Works and to which reference is made for a 29 more particular description; and 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 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 Charlie L. Pincus, III and Cindy O. Pincus, (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Charlie L. Pincus, III and Cindy 0- Pincus, and the City Manager or his authorized designee execute the Agreement Adopted by the Council of the City of Virginia Beach, Virginia, on the - day of ,2004. ~VED AS TO CONTENTS l1t C. ~ "'- NATURE Púl R&J E af;il DEPARTMENT cA-G~5t.j PREPARED: 8111/04 PREPARED BY P_w FNr. rAnn c '1'1 '" PREPARED BY VIRGINIA BEACH CITY A ITORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this JJh{.\ day of J t\ 1111 , 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and CHARLIE L. PINCUS. III AND CINDY O. PINCUS, HIS/THEIRIHER 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 I, Croatan Landing" as shown on that plat entitled, "SHEET I OF 2 SUBDIVISION OF CROATAN LANDING LYNNHAVEN BOROUGH- VIRGINIA BEACH, VIRGINIA Scale 1" = 40' AUGUST, 1986" as recorded in Map Book 2562 on Page 1375 in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia, and being further designated and described as 621 Bushnell Court, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing 72" high fence "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property identified as a 10- foot Scenic Easement along the east side of General Booth Boulevard and a City right of way known as General Booth Boulevard "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2426 08 9886 0000 NOW, THEREFORE, for and in consideration of the premises and ofthe 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 maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary 72" Wood Fence Encroachment into The Encroachment Area as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOT-I SUBDIVISION OF CROATAN LANDING PLAT RECORDED IN D.B. 2562, PG. 1375-1376, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT, VIRGINIA BEACH, VA VIRGINIA BEACH, VIRGINIA FOR CHARLES PINCUS, III SCALE: 1"= 25' F.B.876 PG.73 DECEMBER 17, 2003," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City fÌ'om immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The Encroachment Area in the event of an emergency or public necessity. It is further expressly understood and agreed that the Temporary Encroachment herein authorized tenninates 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. 2 It is further express1y understood and agreed that the Grantee shan indemnify and hold harmless the City, its agents and employees, from and against an claims, damages, losses and expenses including reasonable attorney's fees in case it shan be necessary to fi1e or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee- It is further expressly understood and agreed that the Grantee 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 and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable- The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the 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 3 collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such remova1, 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, CHARLIE L. PINCUS, III AND CINDY O. PINCUS, the said Grantee has caused this Agreement to be executed by hislher/their 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. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this - day of , CITY MANAGER/AUTHORIZED , 2004, by DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknow1edged before me this - day of , 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF CITY/COUNTY OF \!,íO,r'\\{'- '~Y,{h to-wit: .J The foregoing instnunent was acknowledged before me this .9;)'~\ day of ,'\"; '. t'1 , 2004, by Charlie 1. Pincus, III. i~ " rfç f Jì(\.f-=< '" 'r j:z:.;--. () ~ Public' My Commission Expires: --j¿l.~"'.i~' L,'j :)\ I'~ i 5 STATE OF CITYICOUNTYOF VIOl';"".' ¡)«):'.r,to-wit: The foregoing instrument was acknowledged before me this . :::)::j'-""day of 1; ,I~;\ , 2004, by Cindy O. Pincus. /\</...,;'*/1, (\~l "- I. 0!f1ry Publi6-- ',-----", '-../ My Commission Expires: JZ'uì.,-~'-- n~ 31, JCCì APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFIE ENCY AND FORM - ~C.~~ GNATURE Ph) Ræl E ddi DEPARTMENT 6 ~~ . IS TO CEIITIl'Y TlUT ON DECEII"-<t17, 2003. lIE SURVEYED TIlE PROPEP"'" SHOWN ON TIllS pU3'. ANI! ;rBAT TBi TITLE LINES ANI! TIlE '"jU,S OF .B B1JIUIINGS AIŒ ~ SHOIIN ON THIS IT. TIlE BUILDINGS STAND 'II1T!II!I THE TITLE UNES AND TIIEBE AIŒ NO ENCROACJDŒIITS OF OTlŒl! BUILDINGS 0" TIlE PHOPER'lT. EXcEPT AS SHOIIN. / 'Ir.P-LABIIEJNC. S[GNXD Br ~ LOT-2 (.., " LOT-1 BUSHNELL COURT (50' R/W) NaTE. A mE (5) FOor £ASDENT (UNL£SS GR~TER WIDtH IS NOTED) ALONG AND ADJACENT TO AIJ. SIDE AND REAR LOT UNES OF AIJ. LDTS WITHIN THIS SlNDMSION lIAS BaN DEDICAT!D TO THE Cm' OF" \/fRCINIA ØVoCH, \/fRGINIA FOR tHE INSTAUA'!10N ANDIOR WAlNTÐWICE OF DRAlN.oGE FAClunES- FL.OOC> lNFOFIMA'T1ON&tHE PROPERTY SHOWN HEREON APPEARS TO FALL YI1tHlN FLOOD ZONE 'X" (OU'lSIDE) (AREAS DõTERlAlNED TO BE OUTSIDE !5OD-'tEAR FLOOD PLAIN) AS SH~ ON F.E.M.A.'S FLOOD INSURANCE RATE IIAP (F.I.R.M.) FOR tHE CITY OF \/fRGINIA BEACH. IIIR_A. CO""UNITY'PANEL No. 515531 0033E DATED CEeEl/BER 5,1006. ~~~G~.siT..JW tls'"War '~"~~~~~IS1H;""~~~:~LL~~ ~S~~~~ °ib ~~~~~~R SHOWN I FURTHER INFORMATION, CO>ITACT THE LOCAL OOIlMUN!1Y FlOOD ornc~ THIS SURYET WÞS PERFORIAED WTTHOllT THE BENEfI1" OF A TTI\.E REPORT AND WAY NOT SHOW N(r/AiJ. EASEIŒH1S OR R£STRlC11ONS THAT MAY AFfEer SAID PROPERlY AS SHOWN. THIS PLAT DOES NOT INTEND TO REPRESEHf A SUBDMSlON OF" LAND. . aMI E;!¡9'."'" 757.~.1041 ~~ ~~""'yoI'3 wplarg..com t::~...~.~lt.oIo ...__œ,__VA- PHYSICAL SURVEY Ol" LOT-l 51JIIU'IIS!ON OF CROATANLANDING PLÅT RECORDED IN D.8. 2582, PC. 1376-1378. IN '!'BE CLERE'S OF THE ClRc:t1lT COURT. VIRGINIA. 8BACB. VA VIRGINIA BEACH, VIRGINIA ,- CHARLES PINCUS, III OFFICE BCALE. I'~ 25' mCl!NI1 = -' ~ "'I'~ ~("'".'II.: ; . .', ~."... ~ .~ ./~- ~~ . .;~ , . f~ ,~~;~ ..:-ft., >-"i'~ .' ~~-;~ ~:¿~:~;.~2';v '-: ,'. , I '. '.. :-1-. -~'. '. ..~. , ;'..' .. ~ '. . ". ~ A --'-" - ,. . , ~~- &~. ""'~'." ~\~JJf CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: National Urban Search and Rescue Response System Activation MEETING DATE: September 14, 2004 . Background: The City of Virginia Beach is the sponsoring agency for VA-Task Force 2, Urban Search and Rescue Team. Senior members of the Team are pre-selected by the Department of Homeland Security/FEMA Operations to participate in Incident Support Teams that serve to oversee specific large-scale incidents involving multiple federal response agencies- In the interest of national security, the Department of Homeland Security/FEMA has activated designated Incident Support Teams as well as specific Urban Search and Rescue teams to pre-position at both the Democratic National Convention in Boston and the Republican National Convention in New York City. FEMA Urban Search and Rescue Team Virginia Task Force 2 has 4 members who have been assigned to ISTs for these two events. . Considerations: As the sponsoring agency, the City of Virginia Beach is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, DHS/FEMA has authorized the reimbursement of all expenses to support the participation of Team members who deploy as members of the Incident Support Team. . Public Information: Public Information will be handled through the normal process. . Alternatives: The City's designation as Sponsoring Agency for FEMA VA-TF2 is a pre-arranged relationship and obligation between the City of Virginia Beach and DHS/FEMA- . Recommendations: Approve and appropriate up to $46,000 to cover deployment expenses for VA-TF2 members assigned to the Incident Support Teams. Attachments: Ordinance Activation Order notification from FEMA Assistance Award document . Recommended Action: Approval Submitting Department/Agency: Fire Department j)¡J~ City Manager: ~~ ~ . Òß~ 2 3 4 5 6 7 8 9 AN ORDINANCE TO ACCEPT AND APPROPRIATE $48,000 tROM THE DEPARTMENT Ot HOMELAND SECURITY TO THE tIRE DEPARTMENT'S FY 2004-05 OPERATING BUDGET tOR tEMA TEAM MEMBERS TO PROVIDE SECURITY AT THE DEMOCRATIC AND REPUBLICAN NATIONAL CONVENTIONS WHEREAS, the Department of Homeland Security activated four 10 of Federal Management Agency ("FEMAn) members the Emergency 11 Virginia 2 provide Team's Task security at the Force to 12 Democratic and Republican National Conventions. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 1. That $48,000 is hereby accepted from the Department of 16 Homeland Security and appropriated to the Fire Department's FY 17 2004-05 Operating Budget for costs incurred by the FEMA team at 18 the Democratic and Republican National Conventions. 2. That estimated revenue from the federal government is hereby increased by $48,000 in the 2004-2005 FY Operating Budget. 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia on the day of , 2004. Approved as to Conéent Approved as to Legal Sufficiency ¿JŒ"~~ ~ 0 . rÙ'j~ Management Services _/ ~r[ Y.e~ [1? CA-9366 R-3 H:\PA\GG\ORDRES\Urban Search & Rescue ORD.doc September 1, 2004 .-'ó~" f,",.~Ð"(~\ \'6 - .t;} .,'f" ,,«-/ 'f1.t'!?~~5-7 Department of Homeland Security Federal Emergency Management Agency Washington, D.C. 20472 July 1, 2004 ACTIVATION ORDER FROM: National Urban Search and Rescue Response System Red Incident Support Team (1ST) - A (See Attached List) . Michael TamilJow ~ ~ Section Clùef Urban Search and Rescue Section MEMORANDUM FOR: SUBJECf: Activation Order - Democratic National Convention (DNC) Incident Type I Location: 1ST activation in support orthe DNC in Boston, MA. Backgronnd: The Democratic National Convention will be in Boston, MA during July 26 - 29, 2004. The Convention will welcome visitors, including almost 5,000 delegates ftom 56 state and tenitorial delegations (including Washington D.C., Puerto Rico, American Samoa, Guam, the Virgin Islands, and Democrats abroad), 15,000 members of the domestic and foreign press, as well as foreign dignitaries and honored guests. The ESF-9 Leader for this activation is Michael Tamillow, and the Deputy ESF.9 Leader is Joe Hiponia. The 1ST Leader is John Huffoffice phone: (402) 441-8351 or cell: (402) 499-0998. The ESF-9 Leader can be reached on his cell phone at (202) 744-0724 or by pager at 800-759-8888, pin #: 1847831. The Deputy ESF-9 can be reached on his cell phone at 202-498-9093. The NY-TFI Task Force has aJso been activated. Instructions: This is an Activation Order for the Red 1ST. This order is effective 0001 hours on July 25 and will end on July 30 at 2400 hours. Your travel mangements should made through National Travel at 800-294-8283, per the invitational travel letter. Your point of arrival is Boston, MA. Representatives ofthe 1ST -A will coordinate ground transPortation arrangements and me~ you there. Reimbursement of salaries, benefits and backfill costs for this mission will be in accordance with the Cooperative Agreement and Memonmdwn of Agreement betWeen FEMA and the sponsoring agency for your task force. You do not have authorization for emergency procurement of equipment and supplies. Upon your return, each task force member will be al1owed up to 24-hours of rehab time beginning when they go ofT duty after returning home. This time period is intended to provide personal time-ofT for those individuals who were scheduled to work. Any questions concerning this Activation Order sl1ould be addressed to the US&R Program Office at (202) 646-3498. (~SQ~ ,~DJf) '-!.1~ Department ofH(meland Security Federal EmeIgency Management Agency Waslringtnn, D.c. 20472 August 11, 2004 ACTIVATION ORDER MEMORANDUM FOR: National Urban Search and Rescue Response System Blue Incident Support Team (~ - A - ~ (See Attached List) r:- ? Michael Tamillow 11- 0 .v- Section Chief Urban Search and Rescue Section FROM: SUBJECT: Activation Order - 2004 Republican National Convention (RNC) Incident Type I Location: 1ST activation in support of the RNC, New York City, NY Background: The 2004 Republican National Convention will be he1d for the first time ever in New York City at Madison Square Garden from August 30 - September 2, 2004. Nearly 50,000 visitors are expected to visit the city for the occasion. The Department of Homeland Security designated the Republican National Convention a National Special Security Event in July 2003, which means that the U.S. Secret Service coordinates all federal assets and NYPD directs operational security. Other agencies, including the Department of Homeland Security, the FBI, and various state and local law enforcement authorities, are also participating to ensure that a comprehensive security plan is in place. For additional information concerning the 2004 Republican National Convention, you may visit the official Web site: www.l!opconvention.com. The ESF-9 Leader for this activation is Dianne Wilson, and the Deputy ESF-9 Leader is Wanda Casey. The 1ST Leader is Jim Strickland office his cell phone at (703) 599-5082. The ESF-9 Leader can be reached on her cell phone at (816) 718-8197 or by pager at 800-759-8888, pin #: 1847219. The Deputy ESF-9 can be reached on her cell phone at 202-498-9567 and pager pin #1255412. The PA-TFl Task Force has also been activated. Instructions: This is an Activation Order for the Blue IST. This order is effective 0001 hours on August 25 and will end on September 4, 2004 at 2400 hours. Your travel arrangements should made through National Travel at 800-294-8283, per the invitational traveJletter. Your point of anival is Edison, NJ. All personnel are expected to be in Edison, New JeI!ley no later than Saturday, August 28 at 12:00 PM. Representatives of the IST-A will coordinate gro1JI\d transportation arrangements and meet you there. Reimbursement of salaries, benefits and backfill costs for this mission will be in accordance with the Cooperative Agreement and Memorandum of Agreement between FEMA and the sponsoring agency for your task force. You do not have authorization for emergency procurement of equipment and supp lies. Upon your return, each task force memberwilJ be allowed up to 24-hours of rehab time beginning when they go off duty after returning home. This time period is intended to provide personal time-off for those individuals who were scheduled to work. Any questions concerning this Activation Order should be addressed to the US&R Program Office at (202) 646-3498. J. PLANNING 9. I I. Petition for a Variance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for RICHARD RIGGS to exclude floodplain areas subject to special restrictions from counting towards minimum lot area and width requirements. (DISTRICT 7 - PRINCESS ANNE) 2. Application of COLONIAL BAPTIST CHURCH for a Conditional Use Permit re a church (expansion) at 2221 Centerville Turnpike (DISTRICT I - CENTERVILLE) 3. Applications of HERTZ LOCAL EDITION for Co/!ditional Use Permits: a. Motor vehicle rentals at 3205 Virginia Beach Bou1evard (DISTRICT 3 - ROSE HALL) b. Motor vehicle rentals at 5476 Virginia Beach Boulevard (DISTRICT 2 - KEMPSVILLE) 4. Application of JONATHAN R. KING for Conditional Use Permit re a home occupation (fireann sales) at 224 Gatewood Avenue (DISTRICT 6 - BEACH) 5. Application of THOMAS RITCHIE, FINE EDGE LAWN & LAND, INc. for a Conditional Use Permit re bulk storage at 400 First Colonial Road (DISTRICT 6 - BEACH) 6- Application of VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC), for a Conditional Use Permit re a Facility for the Disabled at West Neck Road and North Landing Road (DISTRICT 7 - PRINCESS ANNE) 7. Application of DR. JOHNNY'S APPLIANCES for a Modification of Proffers for a Conditional Change of Zoning from AG-2 Agricultural District to Conditional B-2 Community Business District (approved by City Council on January 25,1994), (Harold Dean Flora, Sf. & Mary Ellen Flora) for a sign at 1941 General Booth Boulevard (DISTRICT 7 - PRINCESS ANNE) 8. Application ofESI PROPERTIES II, LLc. and KAMAREK PROPERTY II, LLc. for a Modificarion of Profers re a Conditiona1 Change of Zoning from 0-2 Office District to I-I Light Industrial District (approved by City Council on July 9, 1996), (Electronic Systems, Inc.).re a reduction in square footage at Expressway Drive and Edwin Drive (DISTRICT 3 - ROSE HALL) Application of WOMACK CHAPPELL, LLc. fìkla Linda T. Chappell for a Modification of Conditions re Conditiona1 Change of Zoning from AG-l Agricultural District to I-I Light Industrial District (approved by City Council on May 14, 2002), (Linda 1. Chappell) re the side yard setback up to London Bridge Road at 2599 Dam Neck Road (DISTRICT 6 - BEACH) II Zonina History Map M-14, N-14 "00 '.°, '.0 ,c.,!e '.-- -- 0 AG-2 o'AG-2 ". AG-I Subd"¡,,on Vaaance 11 I 02/03/86 I Subdivision Variance (Lot Area) I Granted This subdivision variance was granted in 1986 for an existinq home on a lot created by deed in 1980. r i~:¡'! CITY OF VIRGINIA BEACH AGENDA ITEM '" ITEM: Richard Riggs - Subdivision Variance MEETING DATE: September 14, 2004 . Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Richard Riggs. Property is located at 3120 Colechester Road (GPIN 24233193430000). DISTRICT 7 - PRINCESS ANNE . Considerations: The existing lot is 57_2 acres and there is one single-family home located on the parcel. It is the intent of the applicant to subdivide a 3.003-acre parcel from the larger 57-2-acre parcel. The 57_2 acre site is located entirely within the floodplain of Back Bay which is subject to special restrictions- The 3.003-acre proposed parcel possesses elevations ranging from approximately 1.5 feet m-s.L to 3-2 feet m_s-L Section 200(c) of the City Zoning Ordinance excludes floodplain areas subject to special restrictions from counting towards minimum lot area and lot width requirements. This request is contrary to the intent of requirements in not only the Subdivision Ordinance, but also the Zoning Ordinance and the Site Plan Ordinance. The rural area of the city is characterized by low, flat land and wide floodplains. This piece of property is typical of many others in the surrounding area- The only discerning characteristic is the personal situation of the applicant/owner. All of the City's development ordinances, including the Site Plan, Zoning, Subdivision, and Southern Watersheds Ordinances, specifically exclude personal hardship from being considered as justification for granting a variance to any development requirement or restriction. Granting this variance would promulgate at least two other variances to Section 5B of the Site Plan Ordinance on this same property. These additional variances would need to be approved by City Council prior to recordation of the subdivision plat and construction of a dwelling on the new 3.003 acre lot. Richard Riggs Page 2 of 2 Granting this variance will prompt owners of similar properties with similar characteristics in the rural area of the city to request this same combination of variances in the future. Setting a precedent by allowing new residential development within the floodplain will compromise the City's efforts to protect floodplains and to support and conform to the policies of the National Flood Insurance Program. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends deniaL Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen~~ C.. """"-' 0 Ie-, àrJ ""- "'6,.;i:8£:'¡;,, ,:c..~'.l'~;::'.~"";;:'~"~ t-e:- . -.:ß\ %>j~~C;ø M14-210-SVR-2004 RICHARD RIGGS Agenda Item # 9 August 11, 2004 Public Hearing Staff Planner: Barbara Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Location and General Information Subdivision Variance to Section 4A(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance Property located at 3120 Colechester Road '-AG, pol " , .1 24233193430000 7 - PRINCESS ANNE RICHARD RIGGS Agenda Item # 9 Page 1 SITE SIZE: 57.2 acres EXISTING LAND USE: Open Field East: West: . Single-Family Dwelling / AG-1 and AG-2 Agricultural District . Single-Family Dwelling / AG-1 and AG-2 Agricultural District . Open fields / AG-1 and AG-2 Agricultural District . Single-Family Dwellings/ AG-1 and AG-2 Agricultural District SURROUNDING North: LAND USE AND ZONING: South: NATURAL RESOURCE AND CULTURAL FEATURES: The site is entirely within the floodplain for Back Bay. The elevations on the site are below the floodplain elevation of 5.0 feet m.s.1. AICUZ: The site is not impacted by the AICUZ zones surrounding NAS Oceana. Summary of Proposal Existing Lot: The existing lot is 57.2 acres and there is one single-family home located on the parcel. Proposed Lots: It is the intent of the applicant to subdivide a 3.003-acre parcel from the larger 57.2-acre parcel. The 57-2 acre site is located entirely within the floodplain of Back Bay which is subject to special restrictions. The 3.003-acre proposed parcel possesses elevations ranging from approximately 1_5 feet m-s_1. to 3.2 feet m.s.1. Section 200(c) of the City Zoning Ordinance excludes floodplain areas subject to special restrictions from counting towards minimum lot area and lot width requirements lltmn Reauired I 1.Q1&2 I Residual i r Lot Width in feet 150 feet I 0* I 0* I I Lot Area in square feet 43,560 I 0* I O' l I ~ RICHARD RIGGS Agenda Item # 9 Page 2 Comprehensive Plan 'Variance required The Comprehensive Plan recognizes this portion of the City as the "Rural Service Area." The area is characterized as low, flat land with wide floodplains and altered drainage. Working farms and farm related businesses existing along with limited non-residential uses. Staff Evaluation Staff recommends denial of this request. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: E. A. B. Strict application of the ordinance would produce undue hardship. 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. 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. 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. 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. C. D. RICHARD RIGGS Agenda Item # 9 Page 3 The 57.2 acre site is located entirely within the floodplain of Back Bay which is subject to special restrictions. This request is contrary to the intent of requirements in not only the Subdivision Ordinance, but also the Zoning Ordinance and the Site Plan Ordinance. Section 200(c) of the City Zoning Ordinance excludes floodplain areas subject to special restrictions from counting towards minimum lot area and lot width requirements. Section 5B of the Site Plan Ordinance restricts development in the floodplain of Back Bay as noted below: . Section 5B.5(b) - Residential dwelling structures shall not be located within the floodplains subject to special restrictions. . - on lots created after the effective date of this ordinance (October 23, 2001). . Section 5B_5(c) - No filling shall be permitted, including filling with material excavated from the same floodplain in the bays, creeks, lakes, guts, coves, wetlands, marshes and swamps and their tributaries comprising the Back Bay watershed south of South Birdneck Road and east of Princess Anne Road and General Booth Boulevard. The rural area of the city is characterized by low, flat land and wide floodplains- This piece of property is typical of many others in the surrounding area. The only discerning characteristic is the personal situation of the applicant/owner. All of the City's development ordinances, including the Site Plan, Zoning, Subdivision, and Southern Watersheds Ordinances, specifically exclude personal hardship from being considered as justification for granting a variance to any development requirement or restriction- Granting this variance would promulgate at least two other variances to Section 5B of the Site Plan Ordinance on this same property, as noted above. These additional variances would need to be approved by City Council prior to recordation of the subdivision plat and construction of a dwelling on the new 3_003 acre lot. Granting this variance will prompt owners of similar properties with similar characteristics in the rural area of the city to request this same combination of variances in the future. Setting a precedent by allowing new residential development within the floodplain will compromise the City's efforts to protect floodplains and to support and conform to the policies of the National Flood Insurance Program. Staff, therefore, recommends denial of this request. NOTE: Further conditions may be required during the administration of applicable City Ordinances. RICHARD RIGGS Agenda Item # 9 Page 4 Supplemental Information Zoning Historv M!ff ~:!!'5~ï!4 I i AG-2 '" '~""" . \ {, )~) ,".. ï ..' / .. ",' I. ...,. ,,~~¿~j-;. ,'" AG-I .. AG- Subdi>is,on Van"nce 11 I 02/03/86 I Subdivision Variance (Lot Area) I Granted This subdivision variance was granted in 1986 for an existinQ home on a lot created by deed in 1980, Public Agency Comments Public Works RICHARD RIGGS Agenda Item # 9 Page 5 Master Transportation Plan (MTP): -------, Colechester Road is a two lane rural roadway. There I are no plans to upgrade this roadway in the Capital, Improvement Program. Public Utilities Public water and sewer infrastructure is not present in this rural area. Any new residential development in this area must obtain approval for private well and septic from the Virginia Health Department RICHARD RIGGS Agenda Item # 9 Page 6 Exhibits Exhibit, Aerial of Sil Locatio RICHARD RIGGS Agenda Item # 9 Page 7 " Ôa:" "2 ~ ~ œ ~ (IJ ,------~-'~~'~ I I I I I I I ¡ 1 I ~. \,.~\ ,\ I I I ¡!]~ õ', :!>; ~;~~~--'~t~"~- , . ~f l, ~::Þ;l ~ (IJ c.:> c.:> c:: cj ¡j (IJ ," iit5-H~ ~ ~ ~ ~ :¡¡! 8: N ~: => ... ~ ~ cì:I <f) ~ w " "'w I- a: w (D 0 a: " ,",60' , NI lëo . °"", '" .' -' -1 -Q,j¡:: ?~~ "-I " 6" , .."..,>,n,-,.",-, @ , - ~' .~ t~ ,'", ,"', , , ".'JU"-', I ~;~ ~ ~ -...I' ~ ~ ~: ~ CL " " ,. 6"0,;"" " '5""" ~ ": '" ~ ¡'--'"., ,- - 1". .f ~ "'- a: ci <:( > .;¡¡ 0 r<') '--" 0 <:( oò a: " ~ a: w I- (IJ W I () W ---' 0 () Exhibit B Proposed Subdivision :;; ~ ..' " RICHARD RIGGS Agenda Item # 9 Page 8 . . h Z wr ~ w' 1-' < ~ W C::' ::¡, '~I ~11 t'-;~ :" , ~H !H ~H! ~: in! , 5~~~ ~Hj ~H Hli . 0=- 5õ ~ H~ ~H H~ H~ " &!i ~.~ .~~"- ~ ~'- !H~ fill ;; ¡tWi/lm ¡¡Ifililil! ¡11!lllllii! n~' H1! ,j,-; ~ ~ ó ~ HH ~ ~ E~ ~~~2 mf! fiB! ~HH :< '< -'<..'! ~~~~r ~H~i " " .. NOI1V3IlddV H:>NVnIV A NOISIAI<ÍHflS -.--¡ ,I- , Z W ~ W I- < l- f/) ¡J l ~ f/) .. 0 -I U f/) Õ I' &__. ~ ~ g ~ i : ~ ~ ö " ~ ~ ~ :> > " gp õ un ~ ~ .t.,. ~~n~ ~~H~ ~~&~ ~~~§ ~~p 1m I : I "" IB~ IN . c Ê ~ . ~ o~ H H ~,; ~ài H H j; n ~f H H , :, ~ ~ ß 1 ~ ~ n ~ ~ '" ~~ c t :> c.. Ii !II¡I! ~å ¡("..s:;:n n HB: ~¡; 5:~~¡o,~ H HHi 1: C=5.. ;; .é ~ < ~ "- c.. "'" . . H H 1] ~! ~] U 1'~ H ",,- iji! H ,: ~ < Z ..- <- ] t .~ " l ::; ~ ~ H õ ~ ,;, II] ~ g , HZ ¡¡ c .\ 8 Exhibit C Disclosure Statement RICHARD RIGGS Agenda Item # 9 Page 9 Item #9 Richard Riggs Subdivision Variance 3120 Colechester Road District 7 Princess Anne August 11, 2004 REGULAR Joseph Strange: The next application is Item #9 Richard Riggs. It's an Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Richard Riggs- The property is located at 3120 Colechester Road, District 7, Princess Anne. Dorothy Wood: Welcome Mr. Henley. Al Henley: Good afternoon Madame Chair and 1adies and gentlemen of the Planning Commission. My name is AI Henley- I reside at 3112 Colechester Road. I'm a lifelong resident of Virginia Beach. Today, I am representing Richard Riggs, who happens to be my brother in law, which is a good thing- Today we are before you to seek a variance to Section 4A(b) of the Subdivision Ordinance, is needed to provide the Riggs family relief ITom a hardship, and paragraph 200(c) & 200(d)(3) of the Zoning Ordinance. Mr. Richard Riggs lost his father in 2002, and his moÙler has lived alone in her residence at 3120 Colechester Road. Mr. Riggs is Ùle youngest son and recently moved his family ITom Florida in order to care for his mother- Currently Richard, his wife, two chi1dren ages 9 & 6, live with their mother. The Riggs family have owned and lived on the family farm since 1954. Mrs- Riggs, Richard's mother, has arthritis in her spine and is a cancer survivor, as a result she is restricted ITom any activities a homeowner performs on a day- to-day basis. Richard and his wife assist his mother in many chores necessary to nmning her household and farm. Mrs. Riggs is in the process, through her attorney, of placing the family farm into a trust. The trust stipulates that the farm will remain in the Riggs family and no part of the farm can ever be sold as a child of the Riggs family. Richard's life long dream was to eventually move back to the family fann and raise his children as he did and his father and his grandfather did before him. Circumstances brought him back earlier- He did give up a quite large promotion down in Florida- He worked for Cape Canaveral and to design of certain elements in the protection ofthe country. So, he moved back here and moved in with his mother to assist her. As a matter offact. Richard and his mother are here today if any of you would like to ask any particular questions- They're more than Jikely to come up and address those. I have prepared some leaflets here, copies to go to each one of you. What they consist of is a petition that we drew up and everyone on Colechester Road, which happens to be property owners and there were 25 signatures in favor of Richard and his wife to build their family home here. One individual we could not catch home because they do extensive traveling and business outside the area- Essentially, that's my presentation. Item #9 Richard Riggs Page :2 Dorothy Wood: Thank you. Would you please answer questions !Tom the Planning Commissioners? Al Henley: Yes ma'am. Dorothy Wood: Are there any questions? Mr. Miller. Robert Miller: AI, how are you doing? AI Henley: Fine. Thank you. Robert Miller: Good to see you again- We understand that the Health Department has approved the property to be able to provide sanitary sewer systems through the use of septic tanks. Al Henley: Yes sir. That's correct. The Health Department has come out. The soil scientist has revealed Type 2 soils, and the Health Department has met with us, and they have acknowledged that the soil does perk. In fact, it is acceptable to a septic tank system. Robert Miller: That is all I have. Thanks. Dorothy Wood: Are there any other questions? Thank you very much Mr. Henley. A1 Henley: Yes ma'am. Thank you- Dorothy Wood: We appreciate it. Let's open it up for discussion please. Mr. Knight. Barry Knight: Well, I'll start off. I know this parcel of property. I certainly know a majority of the residents that live on Colechester Road- I know the applicants and all the app1icants relatives. I live on a farm myself. I can totally understand somebody wanting to come back and live on the farm. I feel like it, probably, and like Mr. Henley stated what you want to do when you buy a farm is to have your kids to come back to live on the farm- And, Mr. Riggs wants to move just a little to the south oflùs mother, on the opposite is AI and Anne Henley. They're going to be traveling extensively. Richard wants to watch his mother, but I don't know, but I kind of have a kinslùp for somebody that wants to come back and live on the farm, and that is what the farm was bought for. They've owned for 50 years. And, time comes, I'll certainly make a motion to approve this application- Dorothy Wood: Thank. you. I think I neglected to ask ifthere was any opposition. I know we have none signed up. Thank you. Are there any other comments? Mr. Horsley and then Ms- Anderson. Donald Horsley: I think one of the finer things that has come out of this application is the wil1ingness to put this in a trust so it wil1 stay in the family. Quite often we feel like Item #9 Richard Riggs Page 3 people use sympathy for a family member to come back and build on the farm and then 1ater on it is s01d to outsiders. Evidently they mean what they say because they're willing to put land in a trust. It will stay in that family. That is something to be rea11y considered in this application, so based on that I'm leaning in tàvor of this application, also because J know a lot of people on this road, and I have known them for many, many years, and if they don't object to it then certainly I don't either- Dorothy Wood: Thanks Don- Jan. Janice Anderson: With the application they are asking for the subdivision variance, and we're suppose to find a hardship- I know that personal hardships don't qualifY- I think in this majority be considered a personal hardship. I think you have to look at each application individually- From the information that we have from Mr. Henley, the family has owned this for quite a while, at least over 50 years- And, the reason it needs a variance is a new ordinance that was put in place in 2001. So, I think that is something to be considered, and I would be in approval for one residence there since it is in a family trust like Mr. Horsley stated. Their intention is to keep it in the family. They've owned it over 50 years. They didn't have this statute in place when they purchased it up to the years up to 2001. I would be in favor of this- Dorothy Wood: Thank you. Are there any other comments? Mr. Knight. Barry Knight: No other comments. I'11 make a motion to approve agenda Item #9. Dorothy Wood: A motion by Barry Knight and seconded by Gene Crabtree to approve. ANDERSON CRABTREE DIN HORSLEY KATSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE 11 NAY 0 ABSO ABSENT 0 AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 11-0, the application of Richard Riggs has been approved by the Board- Dorothy Wood: Thank you so much. Thank you Mr- Henley for coming. 2 August 2004 Richard L. Riggs 3120 C01echesterRd Virginia Beach, V A 23456 Virginia Beach Planning Commissioners Reference: II August Meeting - Petition for variance at 3 I 20 Colechester Rd Dear Planning Commission Members, I'm seeking a variance approval to build a home on the Riggs family fann located at 3120 CoIechester Rd. The fann is cun-ently owned by my mother Frances Riggs, and she would like to section off three acres of her fann for my family to construct a house. I was raised from a child at this address and I still know the majority of residents on Colechester Rd. I have attached a petition that include signatures of twenty one of out twenty two property owners/residents that support my decision to construct a home. I was unable to contact one resident and the other three houses on the road include three rentals and part-time resident. I generated this petition to let the planning commission know that I had the support of the community in this endeavor to build a home. I thank you in advance of your support on this issue! ,~f? Richard L. Riggs Attached: Petition Petition for Richard and Kimberly Riggs 19 Jon 2004 We, the undersigned and residents/property owners of Colechester Rd, Virginia Beach., V A, do herby support this variance to Section 4,4 (b) Subdivision ordnance for Richard L Riggs and Kimberly A. Riggs, wife to construct a single-family home for their residence on their family farm- Print Name: Address: De;LLY /1- )v1 A- ~o;1/ hv Print Name: Print Name: Print Name: [~/(ßIl~--c V):tJÞ?MU-- '- , Signature Address: \ I . L- vU '),.+1 Î- (6 e.c~~ Address: Address: /In J1J,,!,þ'nai/i LfiJ, Address: ~ \ ~\.l~C-al~s- ~~\~ ,- Address: 3J.'J7 (}kJJ¿,iøz Vi' Address:....;¡ 7 f! ;J I -il- d .2 } / L{9.k éAL~U Address: /J (} ~.?--5~-$ (6.Þ,~f--c..-.JÌJ IM-- Petition for Richard and Kimberly Riggs 19 Jon 2004 We, the undersigned and residents/property owners of Colechester Rd, Virginia Beach, V A, do herby support this variance to Section 4.4 (b) Subdivision ordnance for Richard L. Riggs and lGmberly A. Riggs, wife to construct a single-family home for their residence on their famiIy farm. Print Name: Print Name: Print Name: ú-.. Address: ~ 3:}~q Gfpd..",,\{or Address: ~ 3clt.pé~eck"'t"'- Ì'? Address: 3D ~5¿ öLr-CJ,pstf'/' Print Name: Address: :1 ()).tl (II» 1~/ ~~1I1#~4J1 Sl ature - I" ~ Print Name: Print Name:' Print Name: Address: 3~~ I O{j!úÁ-c¿~ Address: 3 (1 () Il fl / 077~"t Address: G.. 313.1] Mrh.d:rJt ref. Address: S~~M~ 9 dft,t; ~'i{j-'/J-Þr- çRrJ ~~J~.' ò~~~ \/ \, SI ture . \! ~ Petition for Richard and Kimberly Riggs 19 Jun 2004 We, the undersigned and residents/property owners of Colechester Rd, Virginia Beach, V A, do herby support this variance to Section 4.4 (b) Subdivision ordnance for Richard L. Riggs and Kimberly A. Riggs, wife to construct a single-fami1y home for their residence on their family [ann, Print Name: Print Name: Print Name: JI'~ASiL ~~1'- Print Name: <¿~e.h/", \J, Sn,,'\--\-, l!i'iIA~. r - hct;;v 9 Si ature Print Name: ~QUEL/IJE FRomc7U q~<e6~ ~~ Print Name: "ß ï I FrOM €..J1 Print Name: Address: 3/ , ~C VI^,~.L;, - ~('¿;I ¿h4Y\'£' Address: Address: Address; -?,2 ?;z. C6¿i;C:ßÞ:;~ u -f!- ð c/l J ¿ Address: ~~, 7Z -;£~~ - ' Signature Petition for Richard and Kimberly Riggs 19 Jun 2004 We, the undersigned and residents/property owners of Cole chester Rd, Virginia Beach, V A, do herby support this variance to Section 4.4 (b) Subdivision ordnance for Richard L. Riggs and Kimberly A. Riggs, wife to construct a single-family home for their residence on their family farm- c::.:¡.. --72'. . {)'" - /)C-"<!~ H i""-<?~I"~--- ( ~/'O"",,C{~ . ~-'V> 1_"- 'v c;+ "'J/!-:> C-c'/ec/.'",";h,," ¡::Y. Print Name: :-ho~~ <: fiD-v,,", {b.~.Jû.'\ Address: (d '-l ù S t:l---VUJlÞ ¡I cl'i:r<J<é ,~~=-:~" \/6-- .ßcß, Ltc\. "):;)"-/ ') ~ SiliÍ1ature Print Name: Address: SÌlmature Print Name: Address: SÍlmature Print Name: Address: Si!!l1ature Print Name: Address: Sil!Dature Print Name: Address: Si¡mature Print Name: Address: SÍlmature Print Name: Address: SÜmature Zonina History CUP 1o, Chu,ch f'p,oSlon I ACTION Granted Granted Withdrawn I#IDATE IREQUEST 1 01/10/95 Conditional Use Permit (church expansion) 12/09/85 Conditional Use Permit (church expansion) 06/10/85 Change of Zoning (R-8 Residential District to B-1 Business District) 09/13/82 Conditional Use Permit (church) Granted ITEM: Colonial Baptist Church - Conditional Use Permit (church expansion) MEETING DATE: September 14, 2004 . Background: An Ordinance upon Application of Colonial Baptist Church for a Conditional Use Permit for a church (expansion) on property located at 2221 Centerville Turnpike (GPIN 14549696120000). DISTRICT 1 - CENTERVILLE . Considerations: The church desires to like to expand its current facility for the following: a 23,020 square foot sanctuary; a 20,000 square foot, two-story education building; a 15,000 square foot, two-story seminary building (containing a library, offices, classrooms, chapel and student lounge), and 283 parking spaces. The request is a modification to the existing Conditional Use Permit, originally approved by City Council on September 13, 1982 with additions subsequently approved in December 1985 and in January 1995. There were no conditions attached to either approval. The church has coexisted with the surrounding neighborhoods, without incident, since the mid 1980s. Assurances are provided, through the submitted materials and recommended conditions of approval, that the existing surrounding neighborhoods will not be adversely impacted by the expansion of the church. It is Staff's opinion that the proposal is compatible with the existing neighborhood- The submitted elevations depict high quality building materials and design that will not be intrusive or incompatible with the surrounding land uses, which are primarily residential. The Comprehensive Plan recognizes that certain non-residential uses are compatible adjacent to or within the Primary Residential Area. Such is often the case with churches in or near residentially zoned properties. The site's layout, high quality design, architectural style, etc. are all consistent with the Plan's recommendations for non-residential uses within the Primary Residential Area. The Planning Commission placed this item on the consent agenda because it is a compatible use with surrounding neighborhoods. Colonial Baptist Church Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The additions and future buildings on the church's property shall be located and constructed in substantial conformance with the concept plan entitled "EXHIBIT A, COLONIAL BAPTIST CHURCH, CONDITIONAL USE PERMIT, VIRGINIA BEACH, VA," prepared by Hoggard/Eure Associates, P.C., which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. All new structures identified on the concept plan described in condition #1 above, shall be constructed with brick exterior to match that of the existing church and shall be in substantial conformance with the elevations entitled "NEW FACILITY, COLONIAL BAPTIST CHURCH, NEW OFFICE BUilDING," dated June 17, 2004, prepared by Barnes Design Group Architecture, which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department All elevations shall be submitted to the Planning Director for final review and approval prior to the issuance of the building permit. 3- The existing solid, six (6) foot high privacy fence along the western property line shall be maintained in good condition at all times. All grassed areas along the fence line shall also be mowed and maintained free of vines and weeds at all times. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen~~ C;1y .,..ge" ~ 'L, ~ ",,(?~iA's¿.:¡(.~ ".":'.'~"~f:.""f!¡' \~\~~-~~ C11-210-CUP-2004 COLONIAL BAPTIST CHURCH Agenda Item # 12 August 11, 2004 Public Hearing Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional/and 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 Location and General Information Modification of Conditions placed on a Conditional Use Permit for a church, originally approved by City Council on September 13, 1982- Property located on 2221 Centerville Turnpike. 14549696120000 COLONIAL BAPTIST Agenda Item # 12 Page 1 DISTRICT: 1 - CENTERVILLE SITE SIZE: 10.0 acres EXISTING LAND USE: Church with associated parking lot. East: . Centerville Elementary School I R-5D Residential Duplex District . Large single-family dwelling lot, City of Chesapeake I R-5D Residential Duplex District . Centerville Turnpike, single-family dwellings I R-7.5 Residential District . Single-family dwellings I R-5D Residential Duplex District SURROUNDING LAND USE AND North: ZONING: South: West: NATURAL RESOURCE AND CULTURAL FEATURES: The vacant portions of the property are primarily grassed areas. There are no significant environmental features on this property. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposal The church desires to like to expand its current facility for the following: a 23,020 square foot sanctuary; a 20,000 square foot, two-story education building; a 15,000 square foot, two-story seminary building (containing a library, offices, classrooms, chapel and student lounge), and 283 parking spaces. The request is a modification to the existing Conditional Use Permit, originally approved by City Council on September 13, 1982 with additions subsequently approved in December 1985 and in January 1995. There were no conditions attached to either approval. COLONIAL BAPTIST Agenda Item # 12 Page 2 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 surrounding land uses (all residential). . Consistency with the recommendations within the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan designates this area as "Primary Residential Area." The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size and relationship of land use, both residential and non-residential, located in and around neighborhoods should serve as a guide when considering future development Staff Evaluation Staff recommends approval. 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 COLONIAL BAPTIST Agenda Item # 12 Page 3 (1) The church has coexisted with the surrounding neighborhoods, without incident. since the mid 1980s. Assurances are provided, through the submitted materials and recommended conditions of approval, that the existing surrounding neighborhoods will not be adversely impacted by the expansion of the church. It is Staff's opinion that the proposal is compatible with the existing neighborhood. The submitted elevations depict high quality building materials and design that will not be intrusive or incompatible with the surrounding land uses, which are primarily residential. (2) The Comprehensive Plan recognizes that certain non-residential uses are compatible adjacent to or within the Primary Residential Area. Such is often the case with churches in or near residentially zoned properties. The site's layout, high quality design, architectural style, etc. are all consistent with the Plan's recommendations for non-residential uses within the Primary Residential Area- Staff, therefore, recommends approval of this request, subject to the conditions below. Conditions 1. The additions and future buildings on the church's property shall be located and constructed in substantial conformance with the concept plan entitled "EXHIBIT A, COLONIAL BAPTIST CHURCH, CONDITIONAL USE PERMIT, VIRGINIA BEACH, VA," prepared by Hoggard/Eure Associates, PoCo, which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. All new structures identified on the concept plan described in condition #1 above. shall be constructed with brick exterior to match that of the existing church and shall be in substantial conformance with the elevations entitled "NEW FACILITY, COLONIAL BAPTIST CHURCH, NEW OFFICE BUilDING," dated June 17, 2004, prepared by Barnes Design Group Architecture, which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. All elevations shall be submitted to the Planning Director for final review and approval prior to the issuance of the building permit. 3. The existing solid, six (6) foot high privacy fence along the western property line shall be maintained in good condition at all times. All grassed areas along the fence line shall also be mowed and maintained free of vines and weeds at all times- COLONIAL BAPTIST Agenda Item # 12 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. COLONIAL BAPTIST Agenda Item # 12 Page 5 Supplemental Information Zenina Historv CUP fo, Chu,ch f<p,m;on I#IDATE ¡REQUEST 1 01/10/95 Conditional Use Permit (church expansion) 12/09/85 Conditional Use Permit (church expansion) 06/10/85 Change of Zoning (R-8 Residential District to B-1 Business District) 09/13/82 Conditional Use Permit (church) I ACTION Granted Granted Withdrawn Granted COLONIAL BAPTIST Agenda Item # 12 Page 6 2 03/03/86 Conditional Use Permit (day care center) Granted Public Aaencv Comments Public Works Master Transportation Plan (MTP): Centerville Turnpike in the vicinity of this application is considered a two (2) lane divided 1 DO-foot wide right- of-way with bikeway, as designated on the Master Transportation Plan. There is a project in the CIP upgrading this section of roadway to a four (4) lane divided facility; however, this project has not yet been funded. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use' - 401 weekday ADT - 1,612 Sunday Centeryille 17,500 13,600 - ADT Turnpike ADT' 16,200 ADT' Proposed Land Use '-626 i weekday ADT - 3,443 Sunday I ADT Average Dally Tnps 'as defined by eXistIng church 'as defined by church plus additions Public Utilities Water: There is an eight (8) inch water main in Centerville Turnpike. There is an existing detector check and a one (1) inch water meter, that may be used or upgraded- Hydraulic analysis may be required to ensure potential water demand can be met. There is an eight (8) inch gravity sanitary sewer main in Centerville Turn ike. The site is alread connected to Cit sewer. Sanita COLONIAL BAPTIST Agenda Item # 12 Page 7 sewer system and pump station analysis of Station 463 is required to ensure future flows can be accommodated- 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 strate ies as the ertain to this site- I Fire and Rescue: I Adequate - no additional comments- COLONIAL BAPTIST Agenda Item # 12 Page 8 Exhibits Exhibit ¡ .:. Aerial of Si1 ~ Locatio COLONIAL BAPTIST Agenda Item # 12 Page 9 ! I' ~ 1 ¡ ¡ ¡; f~:=~ ~? :::! ~1~2E1,1 :1 : -.~- ! ; r U cr: . 'E" " [~~i {i!:; <!:':';);§! ; : 15', - - --' 0 u Exhibit 8 Proposed Site Plan ;t" ',. ;,) ¡ l' ; ;i; :j': -h .. j I (' " "', l . 'I, ;:' '" ¡ I!: ,,; :': '~~~: . ': " " -.: !l! ¡i¡il ¡ liii iil ¡ [ "'. ~' i" COLONIAL BAPTIST Agenda Item # 12 Page 1 0 Exhibit C Proposed Building Elevation --------- - '" ,~ - '1 t;>(,I:'IJ ">-"" ;- ,l,r: -' ~- r çi .t,i,~j c- . : ",- ..,.c~ ~¡f-; :=:J -' -'-' I I COLONIAL BAPTIST Agenda Item # 12 Page 11 f- Z w ¿ W f- « f- IJ\ W a: :J IJ\ 0 ...J U IJ\ Õ f- Z w ¿ W f- ~ f- 'UJ ; w ì c::.. ~! ,0 ...J 0 UJ is " g .., g .. u =- :g ~ <e, <, z' Q- , , ë " " i-~; - - . .. , .. , , ~ .. .. " -,' c, ~ ¿ - ~ .- < c .. c ~ .. < ~ g ¿ ~ , - ~ ; ",' .~ i~- c ~8 ~ .. ~-¥. HH~ i~ < - :; i~iH! t i ;~~<:. è: ¿, .. ,~?' c' 2 ~HI ~ Æ is ð .~, ~~~8 =~.~ ~~:_J i ' c ~ ~ i ! i ! - .. ~ ë < E -- .. .. w.. :" § a: , "- :; ~ HLa -_':'"~::', i,._~_' - -.. ~c rrH~ §R ~ ~ -- ~ ~~ Õ' t '5 < ~ ~ ~ ffi ~ i'. 0" c. i't J ~ ~ g~ H "- ~ Ii H ~,~ ~,~ .: ~ è') ~ ¿ ê'I g.. :; c " 0 ;; : '3; "c ,,";- -è; .. .. , , .. ~ 0, ' ~ .. ,- -- - - Exhibit D Disclosure Statement ;, õ z .. : ~ - - .. .. .. -" COLONIAL BAPTIST Agenda Item # 12 Page 12 Item #12 Colonial Baptist Church Conditional Use Permit 2221 CenterviJle Turnpike District I Centerville August 11,2004 CONSENT William Din: My next item is Item #12 Colonia1 Baptist Church. This is an application of Colonial Baptist Church for a Conditional Use Permit for a church expansion on property located at 2221 CenterviJle Turnpike. This is in the CenterviJle District. There are three conditions. Welcome. Frank Haltom: My name is Frank Haltom with HoggardlEure Associates located at 901 Port Center Parkway in Portsmouth. We have read aJl three conditions and are in agreement with all of them. William Din: Thank you. Is there any opposition to placing this on consent? Ifnot, Ms. Anderson is going to comment on this one also. Janice Anderson: Thank you. This applicant is also for a Modification of Conditions of Use Permit, but this is for a church. This is rather a large site. It's ten acres. The church has been there since 1982, and it has been a compatible use with the neighborhood. What the applicant is requesting is for additional buildings. He is going to expand the sanctuary. He is also going to build an education building and a seminary building. It wiJl have the same architecture as the existing building. This has been a compatible use with the surrounding neighborhoods, and we believe it is appropriate and recommend approval. William Din: Thank you Jan- I'd like to make a motion to approve Item #12 Colonial Baptist Church, it's an application for a Conditional Use Permit for a church expansion at 2221 CenterviJle Turnpike with three conditions. Dorothy Wood: Thank you sir- Do I have a second? Mr. Knight seconded it. AYE II NAY 0 ABSO ABSENT 0 ANDERSON CRABTREE DIN HORSLEY KA TSIAS KNIGHT MILLER AYE AYE AYE AYE AYE AYE AYE Item #12 Co1onia1 Baptist Church Page 2 RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE Ed Weeden: By a vote of 11-0, the consent item has been approved by the Board- I#IDATE IREQUEST 1 04/24/89 Conditional Use Permit for a tower. 2 08/28/89 Conditional Use Permit for car wash. 3 08/14/90 Conditional Use Permit for auto sales. 4 10/14/97 Conditional Use Permit for motor vehicle sales & services. 5 09/14/99 Conditional Use Permit for motor vehicle sales & services. 6 06/13/00 Conditional Use Permit for car establishment 7 02/27/01 Conditional Use Permit for motor vehicle sales & services. 8 06/11/02 Conditional Use Permit for motor vehicle sales & services. I ACTION Granted Granted Withdrawn Granted Granted Granted Granted Granted ITEM: Hertz Local Edition - Conditional Use Permit (motor vehicle rental) MEETING DATE: September 14, 2004 . Background: An Ordinance upon Application of Hertz Local Edition for a Conditional Use Permit for motor vehicle rentals on property located at 3205 Virginia Beach Boulevard (GPIN 14970530260000). DISTRICT 3 - ROSE HALL . Considerations: The applicant proposes to lease the Shomiers General Merchandise property at 3205 Virginia Beach Boulevard for use as a motor vehicle rental agency- The existing 2,858 square foot building will remain. The office hours will be 7:30 A-M. to 6:00 P.M. on Monday through Friday and 9:00 A.M. to 12:00 P.M- on Saturday. There will be three (3) employees working per shift. Location of the rental cars will be in the rear of the property behind the existing building- The location of the proposed vehicle rental use within an existing building surrounded by other commercial uses ensures compatibility with the area as well as consistency with the Comprehensive Plan- The limitation of the number of vehicles for rental and the storage of these vehicles behind the existing building is consistent with creating an attractive physical environment The Planning Commission placed this item on the consent agenda because, as conditioned, this use will be compatible with surrounding land uses. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve this request with the following conditions: 1. The hours of operation shall be Monday through Friday, 7:30 A.M. to 6:00 P.M., and Saturday, 9:00 A.M. to 12:00 P_M. Hertz Local Ed~ion - 3205 Virginia Beach Boulevard Page 2 of 2 2. The twelve (12) motor vehicles available for rent shall be parked towards the rear of the site as depicted on the submitted plan titled "Exhibit of Hertz- Shomier's Shopping Center, 3205 Virginia Beach Boulevard, Virginia Beach, Virginia", prepared by MSA, PC and dated 06/01/04. This plan is on file in the City of Virginia Beach Planning Department. 3. There shall be no panel trucks, utility type trailers or moving type trucks available for rent on the site. 4. There shall be no vehicle repair performed on the site. There shall be no storage of inoperable, wrecked, or dismantled vehicles on the site. 5. The proposed freestanding sign shall not exceed eight (8) feet in height. There shall be no signs placed within the windows, on the doors or on the building- There shall be no pennants, banners, streamers or portable signs placed on the site or on the vehicles. 6. All lighting on the site shall be directed downward and into the site. There shall be no light spillover onto adjacent sites or the public right-of-way. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval- Submitting DepartmentlAge~: Planning Departmen~jw:t-- City Manager~-~ .~~ ,,~¿-\~i~.~€~~ ~. <'.i~'~f'<"¿' \~~~.~:}7 HO7 -220-CUP-2004 HERTZ LOCAL EDITION Agenda Item # 6 August 11, 2004 Public Hearing Staff Planner: Karen Prochila The following report is prepared by the staff af the Virginia Beach Department af 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 motor vehicle rentals. Property located 3205 Virginia Beach Boulevard. 14970530260000 3 - ROSE HALL <- "!~f1f',;" . Hertz Local Edition ~t,~,~:'o:' J,~;:i,.~}f,'~,~~E~%,-'~1 ~~~':~1\~e}~ ~..._~"._~~' ""'0" '_~-¿~I ~'~,H:;;:::JL-\\::\"'~~",-""""',' "':','\\, ",~~,e;¿-I "'~~:~""f ,I~ rD"""" - , J~~~f~~., e'~~l~;+~ HERTZ LOCAL EDITION Agenda Item # 6 Page 1 SITE SIZE: EXISTING LAND USE: 0.855 acre Former Shomiers General Merchandise building, currently vacant. West: . Across Virginia Beach Boulevard are car dealerships I B-2 Business District . Open Door Chapell B-2 Business District . Open Door Chapel, retail shops I B-2 Business District . Insurance offices I B-2 Business District SURROUNDING North: LAND USE AND ZONING: South: East: NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant historic or cultural features associated with the site. AICUZ: The site is in an AICUZ of 65 - 70 dB Ldn surrounding NAS Oceana. Summary of Proposal The applicant proposes to lease the existing Shomiers General Merchandise property at 3205 Virginia Beach Boulevard for use as a motor vehicle rental agency. The existing 2,858 square foot building will remain. The office hours will be 7:30 AM. to 6:00 PM. on Monday through Friday and 9:00 A.M. to 12:00 P.M. on Saturday. There will be three (3) employees working per shift. Location of the rental cars will be in the rear of the property behind the existing building. HERTZ LOCAL EDITION Agenda Item # 6 Page 2 Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. . Compatibility with the surrounding land uses. . Consistency with the Comprehensive Plan recommendations for this area. Comprehensive Plan The Comprehensive Plan recognizes this site to be part of the Primary Residential Area. The policies of the Primary Residential Area recognize Virginia Beach Boulevard as one of the City's major commercial and economically viable corridors. New commercial in this area should be consistent with the goals of providing an attractive, safe and quality physical environment. Staff Evaluation Staff's evaluation of this request reveals the proposal. through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are as follows: (1) The location of the proposed vehicle rental use within an existing building surrounded by other commercial uses ensures compatibility with the area as well as consistency with the Comprehensive Plan. (2) The limitation of the number of vehicles for rental and the storage of these vehicles behind the existing building is consistent with creating an attractive physical environment. Staff, therefore, recommends approval of this request with the following conditions. HERTZ LOCAL EDITION Agenda Item # 6 Page 3 Conditions 1. The hours of operation shall be Monday through Friday, 7:30 A.M. to 6:00 P.M., and Saturday, 9:00 A.M. to 12:00 P.M. 2. The twelve (12) motor vehicles available tor rent shall be parked towards the rear of the site as depicted on the submitted plan titled "Exhibit of Hertz-Shomier's Shopping Center, 3205 Virginia Beach Boulevard, Virginia Beach. Virginia", prepared by MSA, PC and dated 06/01/04. This plan is on tile in the City ot Virginia Beach Planning Department. 3. There shall be no panel trucks, utility type trailers or moving type trucks available for rent on the site. 4. There shall be no vehicle repair performed on the site. There shall be no storage of inoperable. wrecked, or dismantled vehicles on the site. 5. The proposed freestanding sign shall not exceed eight (8) feet in height. P\aRs for a wall ci¡¡n or any other typo of sign tRat R'1i§ht 130 pr-oposed tor the building shall be sl;JÐmit;ted to the Cl;JrroAt Plannin¡¡ Division! Planning Evaluation Section for review and approval prior to permit issl;JaAco. There shall be no signs placed within the windows, Gf-on the doors or on ef the buildings. There shall be no pennants, banners, streamers or portable signs placed on the site or on the vehicles. 6. All lighting on the site shall be directed downward and into the site. There shall be no light spillover onto adjacent sites or the public right-ot-way. 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. HERTZ LOCAL EDITION Agenda Item # 6 Page 4 Supplemental Information Zonina History I#IDATE I REQUEST 1 04/24/89 Conditional Use Permit for a tower. 2 08/28/89 Conditional Use Permit for car wash. 3 08/14/90 Conditional Use Permit for auto sales. 4 10/14/97 Conditional Use Permit for motor vehicle sales & services. 5 09/14/99 Conditional Use Permit for motor vehicle sales & services. 6 06/13/00 Conditional Use Permit for car establishment 7 02/27/01 Conditional Use Permit for motor vehicle sales & services. 8 06/11/02 Conditional Use Permit for motor vehicle sales & services. I ACTION Granted Granted Withdrawn Granted Granted Granted Granted Granted HERTZ LOCAL EDITION Agenda Item # 6 Page 5 Public AQencv Comments Public Works Master Transportation Plan (MTP): Virginia Beach Boulevard is an eight (8) lane urban arterial. There are currently no projects programmed to im rove this section of Vir inia Beach Boulevard. Traffic Calculations: Street Name Present Present Generated Traffic Volume Caoacitv Maximum Existing Land Use' capacity for - 470 ADT Virginia Beach 42,702 Level of Service D Proposed Land Boulevard I ADT' operation is I Use 3 -- expected to I 56,2401 be less than ADT' defined B-2 Average Dally T"ps 'as defined by B-2 -- no study data for motor vehicle rental Public Utilities There are 20, 16 and 42-inch City water mains fronting the site. This site has an existing 5/B-inch water meter which may be used or u raded- Sewer: There is an 8-inch City sanitary sewer extending through private property to the site. There is no City gravity sanitary sewer in Virginia Beach Boulevard fronting the site. Sanitary sewer and pump station calculations may be required to determine capacity due to any increase in sewa e flow. Public Schools I Not applicable - no comments. HERTZ LOCAL EDITION Agenda Item # 6 Page 6 Police: Public Safety The applicant is encouraged to 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 the ertain to this site. i Fire and Rescue: I No additional comments. HERTZ LOCAL EDITION Agenda Item # 6 Page 7 Exhibits Exhibit A Aerial of Site Location HERTZ LOCAL EDITION Agenda Item # 6 Page 8 ~ @I'~,~-~ .': ~," ,,' f!' \ - - "Iic } <:) } 0 a: ~ o¡g ~~~t ~~! I ß ---I Z ~ ~H I ,11,,11" IIi: I d I '" IIi 00 '" III' ~z -' " II 2~ i :' I -:. -II ~f \ J10~ ~\, ~L~ŒÞ'-' / / '\ / p r (~l ~ ' ~ ~ ~\\ " " ~, '~, ~a", -, --- '" -\' . ' ~'\ - ~,~N ~~ ~ ~-~~ ~ \ \-\ \\ r---\~,\/---\ .> \ \. l_-----~ \ \ n, \ \ \/J ,----- ... ! c: 4.J U 00 c: '5. C- O ...r:: V) II) ..... ,9:! E, 0] . ...r:: -5 ~ tit : ~- õ~H ~ ... ~.. J~B " > < :i. §: ~j .~~ ,~~~- i2 ~w <~ @ð= ê<~ ~~~ ~~- '-' z ~ ~~ ~...~itl @9~5 <'-'z« zzw::¡ ,-,~~w g~ðð o'-'~~ ~z~u o~H ~i:i:::::: ~z- ¡- " / / Exhibit Proposed Si Plé I" "¡¡ I ' ~ j ¡¡ : ,I, ~\ ~~ , ,p ~ .'1 ,tor.II' "," ." !dl~¡ , - ,,' ,: ,C = Ii ¡ '¡ ~h¡ ! ",~ If! ~H .. ~ ¡J Ii! ~!! u= - I,' . l' j II ; I HERTZ L OCAL EDITION Agenda Item # 6 Page 9 Exhibit C Existing Building Photograph HERTZ LOCAL EDITION Agenda Item # 6 Page 10 Exhibit r: DisclosurE Statemenl NOIIV)I1ddV JJMI3d 3:5fllVNOIIIGNO) P-¡ 1;1 , i I- z' "': ". ~ < I- m ~: :0' m. O. "'I u. m; /j' - - .- , c :::<:- IH~ ~ ~:o: ~ U: F-,' -..' .:, L <. .~ . ,- " ~ z '" " '" I- < I- Ú). ",' 0: :0 m 0' "' () VI Õ "- ~: - - . ~ ' .- -- ~ -- §'n < - < -'. - . . - - , ;. - .. . . NOIlVJI1ddV !IMI3:d 3:Si11VNOI!IGNOJ HERTZ LOCAL EDITION Agenda Item # 6 Page 11 - -- '- ~~~ H 7 7 7 7- 3 ~ , , ' ------- /, C' C' /, ' -'/c~ ------------ - - - -,' ,- -, '" , - -- , , " ----- - " '" " ~ I ~~U~¡lli:¡_:¡;~¡ I ~ fu ~ ~ ~ .. " 0,,' ~ i'è i1;: " 1Ij; .- - - , -' .~'" ~ _: 0 . -, < - , ,,'" - ."" ' .--- "---- ' -C-"-,=,"Ò" , ' - I ~"-- I I ~ ~= I~I' ~~¥~ I ¡~n 0"" :j;}F~ . C ' , , - c' .: .' ' - -- ,',', ," ',' >=;,';,:;<; ,., ' '. ' . . " 7 ~. '~""-O 0:=' ~ 0 ,::; 0" . "",",:" -: ------ -'- - - Exhibit D Disclosure Statement I I~ I :, ,: 3 i ~ I ! HERTZ LOCAL EDITION Agenda Item # 6 Page 12 Item #6 Hertz Local Edition Conditiona1 Use Permit 3205 Virginia Beach Boulevard District 3 Rose Hall August 11, 2004 CONSENT William Din: My next item is Item #6. This is Hertz Local Edition. This is an application by Hertz Local Edition for a Conditional Use Permit for motor vehicle rentals on property located at 3205 Virginia Beach Boulevard in the Rose Hall District. Mike Perry: For the record, my name is Mike Perry. We have reviewed those conditions and I'm representing the applicant and we agree with them. William Din: There are six conditions here. Was one of those revised? Ronald Ripley: Yes it was. Number five. William Din: Number five. You saw number five that was revised? Mike Perry: Yes. William Din: Okay. Is there any opposition to this being placed on consent? If not, Mr. Ripley would provide a comment here. Ronald Ripley: This is another Hertz location. It's the former Shomiers General Merchandising location. The property is improved with somewhat residential looking improvements, and you can see it on the screen there. The same general conditions of the first Hertz, which is limiting the time of operation and putting the vehicles to the back and storing the vehicles behind and not up to Virginia Beach Boulevard and no repairs. In addition, the Commission asked the applicant if he consented to not placing a sign onto the building. Certainly, they would be able to have a sign like you see on the screen, which says Shomiers. It's a displayed sign, which is out on the boulevard but not up on the bui1ding. They agreed to that so we placed this on consent also. William Din: Thank you Ron. I'd like to make a motion to approve Item #6 Hert.:: Local Edition, a Conditi,mal Use Permit application for motor vehicle rentals at property .:m 3205 Virginia Beach Boulevard in the Rose Hall District with six conditions. Dorothy Wood: Thank you sir. Do I have a second? Mr. Knight seconded it. I'm sorry, Mr. Miner? Item #6 Hertz Local Edition Page 2 Robert Mi11er: Madame Chair, I need to abstain 1Tom Item #6. My firm is working on the project. Dorothy Wood: Thank you sir. ANDERSON CRABTREE DIN HORSLEY KATSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE 10 NAY 0 ABS I ABSENT 0 AYE AYE AYE AYE AYE AYE ABS AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the consent item has been approved by the Board. 1# 1 DATE 1 REQUEST I ACTION 1. 7-3-01 Conditional Use Permit (Church) Approved 8-10-70 Conditional Use Permit (Billboard) Approved 4-13-70 Conditional Use Permit (Billboard) Approved 10-14-68 Rezoning (R-S 4 Residence Suburban to C-L 2 Limited Approved Commercial) 2. 3-27-01 Conditional Use Permit (Bulk Storage Yard) Approved 3. 5-9-00 Conditional Use Permit (Church) Approved 4. 5-14-96 Conditional Use Permit (Motor Vehicle Sales and Storage) Approved Condilional Use Permit (Rehabilitation Center) 9-17-91 Approved 5. 8-27-96 Conditional Use Permit (Bulk Storage Yard) Withdrawn 4-26-94 Conditional Use Permit (Motor Vehicle Sales) Approved 6. 8-12-03 Conditional Use Permit (Private School - addition) Approved 7. 3-12-02 Conditional Use Permit (Small Engine Repair) Approved 10-26-99 Conditional Use Permit (Motor Vehicle Rental) Approved 8. 7-2-02 Conditional Use Permit (Church) Approved 9-26-00 Conditional Use Permit (Church) Approved 9. 6-8-93 Conditional Use Permit (Automotive Repair) Approved 1-28-92 Conditional Use Permit (Bingo Hall) Approved 10. 12-3-02 Conditional Use Permit (Church) Approved 11 7-6-93 Conditional Use Perm~ (Truck Rental) Approved 4-13-93 Rezoning (R-7.5 Residential to B-2 Commercial) and Conditional Approved Use Permit (Mini-warehouses) 12. 11-14-95 Conditional Use Permit (Service Station in conjunction with a Approved Convenience Store) 13. 11-25-03 Conditional Use Permrt (Motor Vehicle Sales) Approved 12-12-95 Rezoning (R-7.5 Residential to B-2 Commercial) and Conditional Approved Use Permit (Motor Vehicle Sales) ITEM: Hertz Local Edition - Conditional Use Permit (motor vehicle rental) MEETING DATE: September 14, 2004 . Background: An Ordinance upon Application of Hertz Local Edition for a Conditional Use Permit for motor vehicle rental on property located at 5476 Virginia Beach Boulevard, Suite 112 (GPIN 14674822940000). DISTRICT 2 - KEMPSVILLE . Considerations: The applicant proposes to operate a "Hertz" motor vehicle rental business on the site. The applicant will occupy Suite 112, which is 1,260 square feet in floor area. A staff of three will be available to assist customers. There will be fifteen vehicles available for rent. The vehicles will be parked at the back of the center in a designated parking area. The proposed hours of operation will be Monday through Friday, 7:30 am to 6:00 pm, and Saturday, 9:00 am to 12:00 pm. The proposed motor vehicle rental is consistent with the Comprehensive Plan recommendations for the area. Limited commercial activities that provide desired goods or services to residential neighbomoods are considered acceptable uses provided effective measures are taken to ensure compatibility. The proposed hours of operation and restricting the parking area of the rental vehicles are effective methods for insuring compatibility. The existing center was developed on the site in 1987 and is occupied by several small service and personal service uses, offices and retail uses. Additionally several automobile related uses are located in the area. The proposed use is compatible with those uses. The Planning Commission placed this item on the consent agenda because, as conditioned, it is compatible with the surrounding uses. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve this request with the following conditions: Hertz Local Edition - 5476 Virginia Beach Boulevard Page 2 of 2 1. The hours of operation shall be Monday through Friday, 7:30 am to 6:00 pm. and Saturday, 9:00 am to 12:00 pm. 2. The fifteen motor vehicles available for rent shall be parked in the back of the site as depicted on the submitted plan titled "Exhibit of Hertz-Scores Plaza, 5476 Virginia Beach Boulevard, Virginia Beach, Virginia", prepared by MSA, PC and dated 06/01/04. Said plan is on file in the City of Virginia Beach Planning Department. 3. There shall be no panel trucks, utility type trailers or moving type trucks available for rent on the site. 4. There shall be no vehicle repair performed on the site. There shall be no storage of inoperable, wrecked, or dismantled vehicles on the site. 5. Signage is limited to building signs only. There shall be no signs placed within the windows or on the doors. There shall be no pennants, banners, streamers or portable signs placed on the site or on the vehicles. 6. All lighting on the site shall be directed downward and into the site. There shall be no light spillover onto adjacent sites or the public right-of-way. 7. All fencing around the perimeter of the site shall be repaired or replaced, where needed. 8. Existing landscaping is unkempt and shall be bought into a maintainable condition, i.e. pruning shrubs, trimming trees, and replacing ground cover. Street frontage landscaping shall be installed, or augmented where necessary. All dead landscaping on the site shall be replaced, where needed. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen~~ City M.nag.~ ( , ò-ß oh ,-<\~i;'8"i¡;;. r..,'?J... '..-/,.' ".'". "'To.. ,. f~~.ît;ff CO6-219-CUP-2004 HERTZ LOCAL EDITION Agenda Item # 1 August 11, 2004 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Location and General Information Conditional Use Permit request for Motor Vehicle Rental Property located at 5476 Virginia Beach Boulevard, Suite 112 14674822940000 2 - KEMPSVILLE HERTZ LOCAL Agenda Item # 1 Page 1 SITE SIZE: 2.96 acres EXISTING LAND USE: An underutilized shopping center currently occupies the site, SURROUNDING LAND USE AND North: ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: . Small Service Businesses I B-2 Community Business District . Virginia Beach Boulevard . Across Virginia Beach Boulevard are Small Service Businesses I B-2 Community Business District . Multiple-family dwellings I A-18 Apartment District . Davis Street . Across Davis Street is a furniture store I B-2 Community Business District There are no significant historic or cultural features associated with the site. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. - ---,'-"-_U_" : ¡:¡;;:'z, Sco'es Plaza ; ::"::=,';;::. U --' ,'"-; ~: r :\.' '. ~ ,\ "i"-----,,',,' ::. i[~~!~'.r: . ",..,,", ~;:i~~'\ jY"'-,. ~~..~ Summary of Proposal The applicant proposes to operate a "Hertz" motor vehicle rental business on the site. The applicant will occupy Suite 112, which is 1,260 square feet in floor area. A staff of three will be available to assist customers. There will be fifteen vehicles available for rent. The vehicles will be parked at the back of the center in a designated parking area, The -- "-".. ".~ '-,'-' "' "- ...._",. ""","".'",,,. ,"'",..'..","""" \" ~ 1\1,- = ~~~~~,,:l£~..,.,- HERTZ LOCAL Agenda Item # 1 Page 2 proposed hours of operation will be Monday through Friday, 7:30 am to 6:00 pm, and Saturday, 9:00 am to 12:00 pm. Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request ;s largely based on the degree to which these issues are adequately addressed. . Consistency with the Comprehensive Plan recommendations for the area. . Compatibility with the surrounding uses. Comprehensive Plan The Comprehensive Plan Map depicts this area as Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and nonresidential, in and around these neighborhoods should serve as a guide when considering future development. The Comprehensive Plan policies for this portion of the Primary Residential Area recognize Virginia Beach Boulevard as one of the City's major commercial and economically viable corridors. All new commercial development in this area should be consistent with the goals of providing an attractive, safe and quality physical environment. HERTZ LOCAL Agenda Item # 1 Page 3 Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials. adequately addresses each of the 'Major Issues' identified above. The proposals strengths in addressing the 'Major Issues' are as follows: (1) The proposed motor vehicle rental is consistent with the Comprehensive Plan recommendations for the area. Limited commercial activities that provide desired goods or services to residential neighborhoods are considered acceptable uses provided effective measures are taken to ensure compatibility. The proposed hours of operation and restricting the parking area of the rental vehicles are effective methods for insuring compatibility. (2) The existing center was developed on the site in 1987 and is occupied by several small service and personal service uses, offices and retail uses. Additionally several automobile related uses are located in the area. The proposed use is compatible with those uses. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. The hours of operation shall be Monday through Friday, 7:30 am to 6:00 pm, and Saturday, 9:00 am to 12:00 pm. 2. The fifteen motor vehicles available for rent shall be parked in the back of the site as depicted on the submitted plan titled "Exhibit of Hertz-Scores Plaza, 5476 Virginia Beach Boulevard, Virginia Beach, Virginia", prepared by MSA, PC and dated 06/01/04. Said plan is on file in the City of Virginia Beach Planning Department. 3. There shall be no panel trucks, utility type trailers or moving type trucks available for rent on the site. HERTZ LOCAL Agenda Item # 1 Page 4 4. There shall be no vehicle repair performed on the site. There shall be no storage of inoperable, wrecked, or dismantled vehicles on the site. 5. Signage is limited to building signs only. There shall be no signs placed within the windows or on the doors. There shall be no pennants. banners. streamers or portable signs placed on the site or on the vehicles. 6. All lighting on the site shall be directed downward and into the site. There shall be no light spillover onto adjacent sites or the public right-of-way. 7. All fencing around the perimeter of the site shall be repaired or replaced, where needed. 8. Existing landscaping is unkempt and shall be bought into a maintainable condition, i.e. pruning shrubs, trimming trees, and replacing ground cover. Street frontage landscaping shall be installed, or augmented where necessary. All dead landscaping on the site shall be replaced, where needed. 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. HERTZ LOCAL Agenda Item # 1 Page 5 Supplemental Information I REQUEST Conditional Use Permit (Church) Conditional Use Permit (Billboard) Conditional Use Permit (Billboard) Rezoning (R-S 4 Residence Suburban to C-L 2 Limited Commercial) Conditional Use Permit (Bulk Storage Yard) ! ACTION Approved Approved Approved Approved 1# I DATE 1. 7-3-01 8-10-70 4-13-70 10-14- 68 2. 3-27-01 Approved HERTZ LOCAL Agenda Item # 1 Page 6 3. 5-9-00 Conditional Use Permit (Church) Approved 4. 5-14-96 Conditional Use Permit (Motor Vehicle Sales and Approved Storage) 9-17-91 Conditional Use Permit (Rehabilitation Center) Approved 5. 8-27-96 Conditional Use Permit (Bulk Storage Yard) Withdrawn 4-26-94 Conditional Use Permit (Motor Vehicle Sales) Approved 6. 8-12-03 Conditional Use Permit (Private School- addition) Approved 7. 3-12-02 Conditional Use Permit (Small Engine Repair) Approved 10-26- Conditional Use Permit (Motor Vehicle Rental) Approved 99 8. 7-2-02 Conditional Use Permit (Church) Approved 9-26-00 Conditional Use Permit (Church) Approved 9. 6-8-93 Conditional Use Permit (Automotive Repair) Approved 1-28-92 Conditional Use Permit (Bingo Hall) Approved 10. 12-3-02 Conditional Use Permit (Church) Approved 11. 7-6-93 Conditional Use Permit (Truck Rental) Approved 4-13-93 Rezoning (R-7.5 Residential to B-2 Commercial) and Approved Conditional Use Permit (Mini-warehouses) 12. 11-14- Conditional Use Permit (Service Station in conjunction Approved 95 with a Convenience Store) 13. 11-25- Conditional Use Permit (Motor Vehicle Sales) Approved 03 12-12- Rezoning (R-7.5 Residential to B-2 Commercial) and Approved 95 Conditional Use Permit (Motor Vehicle Sales) Public Aaencv Comments Public Works Master Transportation Plan (MTP): Virginia Beach Boulevard in front of this site is considered and eight-lane divided major urban arterial as de icted on the Master Trans ortation Plan. Generated Traffic Traffic Calculations: Street Name HERTZ LOCAL Agenda Item # 1 Page 7 I Existing land Use' Virginia Beach 41,000 64,260 - 54 Boulevard ADT 1 ADT' . I Proposed land Use J - 54 Average Dally Tnps 'as denned by exlslmg use 3 as defined by proposed use (no change) Public Utilities I Water: I Sewer: I The site is connected to City water. I The site is connected to City sewer. Public Safety 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 strate ies as the ertain to this site. Police: Fire and Rescue: HERTZ LOCAL Agenda Item # 1 Page B Exhibits Exhibit. Aerial of Si Locatic HERTZ LOCAL Agenda Item # 1 Page 9 ,I tU N tU õ: VJ QJ 01- u '" c vd~ I ~ J!: , ~ c ~ I' õ '- f .:: ." QJ " .. : ~.,.. ~ ~ w-'-~" I-Jj;'\'~~;'i'i~~,:!;!':~ \ .~~ : \ : ŒL " ! ;' ~~'j: -".~.' '---i ~i . I !¡ lY-:-~d :~j 1 [ C;"!.~, I'-'~ tu ~ ".,!,UC=:.JL-:o:=:J Illil: '" ~<J ~:!: ~:r. ú "';Of- ~zC~ ~ë;~ "zz" ¡:;;¡;¡o: :>""", "'«~ ~~~::: ;¡, ~ ¡ .. ~ "",:0 ...:: <J if ~ê f-:> z" i!" o~ 5'" é: ,,'" ,,2::;: !3OJ~ ~!,!~ ~t:~ ~c::. /' / / 1.1 H'z '" ~]5 II 'I I, TI' I i ------_.. =a~". ~j ~I' j j! - f ¡ <Ii f¡ì~ 1'. t ,: ;¡J .~¡ ~~~ -¡It ;~ Hi $IIH ~11P ~~ u~ D~ .,! . I I' ~ - It !It Exhibit B Proposed Site Plan ~ ~ HERTZ LOCAL Agenda Item # 1 Page 10 Exhibit C Photograph 01 Proposed Unit in Shopping Center "-~ HERTZ LOCAL Agenda Item # 1 Page 11 f-' z w :¡: W f- < iñ' w a: :J (fJ 0 .J U ~ ,0 ~_t '.'," " . ' IE~ ~~H or>;: z' 0 :; ;: , is.- c c ".. " ~ -- ~ ,.. ~ {' (:j ~ é :' ; ~:;H~3¿ - f- Z W :¡: W f- ~ f- (fJ W II: :J (fJ 0 .J U (fJ Õ ~~ ::> ;. ;31; g: is c. z" " " u, . r i',~ .~ -tH Hn -- , . . ' ,- c' 0 0.. , " , ~ , c ~ ~ " 0 " , c,õCO " =-- " ,,~¿õ ~n¿ HH õ' s ~ " , Hi ,. h êf ~: õ; . . H H " <' ~~ ~~ 0, ê '. -- ~r, C c ' - ,=--,' ----~.' ---~"--.' ~,::~ ::-; ~ i '-,; .. . ,<C, (-~::;;~ ---',.:,~-~.~.-- HL -; ~ ë , ',;,", .. , , , .. .. c . . - . !!!¡H¡¡I¡I¡ .:¡ -- , ., '-' 5 c '- ;3 - -: [~ ~ "' c' ~ ' is " ; .. " _. , - , , ; õ .' > '-' < H , L ¡;~.- i ~ :,~. H.- ~ ' § ~ F --- ~' ". :i '--- 0, ~:: , u - -.,- !;;', . ¡r:," w' u _C e Exhibit D - 1 Disclosure Statement ,. ",-, - 2' . . t ~ :;~ . .. '> .. --.. , ~ (3 "- ~ .. . a. ~5 ~' . . , c :: c '.. " ;0 ~ . .. 0 >¡;¿ l '. "-"" , .. ' ~ ~ ~ .. '-- HERTZ LOCAL Agenda Item # 1 Page 12 ¡~¡~i~~i~ii~~i~i~i~;2, :::;:;:;;;¡;;;""~"""";;;;"""~ jjjJ;JjjjJjjjjjjJjJ;~= g --------------------. . ------------------..--. ----------------.--.... "------"-""-----.- -----..-----------.----- .'"" '" ".",. ".. ,.,. .. ----.---.----------.--. - . """.._", ., .,..,. , , """",.",. , , "" , ~~~<c~~~.~c~~-.~..'--- I Will!lillIIU!!"! -- ~ " - - - ¡- " ~ h~ ~ nm - ~ ~ i - ~IH ~ !n ." ~ ~ ;.; $ , -, ~, ; - - - . - - --- - I~j~ C',,- ., fU~ IJIHH ~!~:. ~ , -" - - i f. , 7. z - - i 3 , 3 § ¡mWWdi '-C~i::3.?;~ ' " - ." ! ! "'" ; ~ .'.S" ~"f ~~~¿~:: - - . - '.-. ~~-==- - - -. " " - 0 = ~ - - -. .- ..' ~ c .. ~¡ B I Exhibit D - 2 Disclosure Statement .' .. - HERTZ LOCAL Agenda Item # 1 Page 13 Item #1 Hertz Local Edition Conditional Use Permit 5476 Virginia Beach Boulevard District 2 KempsvilJe August 11,2004 CONSENT Dorothy Wood: I will turn the Chair over to Wi11 Din, who is our Vice Chair. He is going to handle the consent items for us. WilJ Din: Thank you Dot. Today we have eleven items for inclusion on the consent agenda. As I call each of the items, would the representative or the app1icant please come to the podium, state your name, your re1ationship to the application, and thirdly, state if you have read the conditions and agree with those conditions. Then 1 wi11 ask for opposition. If there is any opposition to that consent agenda item then we will probably be dropping it down to our regular p1ace in the agenda, as read in our original ruJes. The first item that I have is Item #1 Hertz Local Edition. It's an ordinance upon application of Hertz Local Edition for a Conditional Use Permit for motor vehicle rental on property located at 5476 Virginia Beach Boulevard, Suite 112 in the Kempsvi1Ie District. Mike Perry: Good afternoon Madame Chair and members of the Planning Commission. My name is Milre Perry. I am a local landscape architect. I am representing the app1icant. We have read the conditions, and they are agreeable. Wi1I Din: Thank you. There are eight conditions there. Is there any opposition to placing this on consent? If not, we have a comment by Mr. Ripley to explain why we are placing this item on consent. Ronald Ripley: Thank you Will. The Planning Commission reviewed the property and reviewed the staff report. This is an application where Hertz Rent-a-Car is going to rent retail space in a small shopping center on Virginia Beach Boulevard, at the intersection of Davis Street and Virginia Beach Boulevard. With the precautions and the conditions that the staff put on this particular Use Permit, informing them of the time of operation, and parking of the cars in the back, and not doing any work on any vehicles, building signage, as well as repairing the fencing in the back, which has gotten a bit ofrun down. We felt that item should be placed on the consent agenda. That is what we did. William Din: Thank you Ron. I'd like to make a motion to approve Item #1 Hertz Local Edition, a Conditional Use Permit for motor vehicle sales in the KempsvilJe District with eight conditions. Dorothy Wood: Thank you sir. Do I have a second? Mr. Knight seconded it. I'm sorry, Mr. Mi11er? Item #1 Hertz Local Edtion Page 2 Robert Miller: Madame Chair, I need to abstain from Item # 1. My firm is working on the project. Dorothy Wood: Thank you sir. ANDERSON CRABTREE DIN HORSLEY KATSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE 10 NAYO ADS I ABSENT 0 AYE AYE AYE AYE AYE AYE ABS AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the consent item has been approved by the Board. , Mop H Zo ' , "" "". 01"9 Hist ; , ory ,oct! ,0 '" onalh R 0'45,: , 0°0 '"r'1"IQ'",P,," ,,' a,n, .T?O ,~: '~', ! "', é"~'Ì"', ," oo,q,' 0 n.zn --;:1 N' ' R ~" r-"'" ,,' 0' ~' / ""~~\ -:):0, c',:~~,D '" '~~,5fr\; !,~,~,,/ '-D'" ",~" , ,"~' "", "', D ' ",' "~' ". ' -,' ,j, '"I, "",.0 "'D""" " i" \ ", ¡" ",i \ ,,-~,c~J"\,' Q ",,0;;_:',--0--- ~" \ [J" 0 dO" ' "", o~' 'D JD ~ ' .' .,,;.12 ~¡;¡\ ,""':, ',' ,-' ,-,:, , ,It \\~,,:~,,:,:::~:,,',~"".,.:': o~!l§rr~Y"\rlO,loní1\@ í:J ",,o \\cj,Û\~, ;~ ~ ;f' - '~r"?;\"'1::/. '-m~, Q ,...---/ '."p 0 Yo':,' ° ,-~TEiuŒL,.J',,!'-'~o ,Dbel, \~(;¡¡,,'O~ '°:ùg ,', þ_'¡¡¡:r-\, '--i L¡AVE. '{W, \,~r\n \~,o ,.---- ~ ' '" ~~~- ¡- ~",/T ,',3tr ',,' 0, ,.' I " "' , ' ,"! , ;0' "c" ,'I' '" ' COC( ,',""",'01" 0\001:\,,'0')4(15- ,,""0"","""".0" q. " ,'~ 0' , ".\ fa' ~1"oDI .;¡j èJ' eJ 0': ",I,e;;¡" " '"Ic: ! )\\ c-B, \ ' " ,0 'Ii, " '" '-"'" ir'5-q::f\;~cl~f, ~~: r~, \",'~,,;I;:\\ (~~' '-D-,J\CJ'ICR>,_'r\- r:L---\, "',-"-. ":0,\ ,I ,: " "I ",am~\,\J"'\""O'" , [",', I " ' C'", \Q' cUP' 0'1' " ' ',,' ..'P~-,,"J , lor Home () " _\ I " -q \ - \~ " !;.;,' u,upatlOl] \ I : 122 1# I DATE I 1 09/17/84 REQUEST Rezoning from R-B to 1-1 I ACTION Denied ~ . -h ~"--:& t.=' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Jonathan R. King - Conditional Use Permit (home occupation - firearm sales) MEETING DATE: September 14, 2004 . Background: An Ordinance upon Application of Jonathan R. King for a Conditional Use Permit for a home occupation (firearm sales) on property located at 224 Gatewood Avenue (GPIN 24070256260000). DISTRICT 6 - BEACH . Considerations: The applicant desires to continue his business involving the sale of small-scale firearms out of his home. The business consists of the applicant selling small- scale firearms to customers on a special order basis. No inventory is kept at the home. The applicant has been conducted the business for the last 13 years. Upon renewing his license for the sale of firearms, the applicant found that federal regulations now require that the applicant present evidence of zoning approval from the jurisdiction within which the applicant is located; thus, the applicant seeks the requested Conditional Use Permit. The hours of operation are from 6:00 PM until 9:00 PM Monday through Friday by appointment only. Occasional shipments are received from UPS, Federal Express, etc. The home has an alarm system and any firearms awaiting delivery are stored in a locked metal box. Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses the issue of compatibility with neighboring properties. The proposed business is within the characteristics outlined in Section 234 Home Occupation of the City Zoning Ordinance and will have no impact on the surrounding neighbortlood. There are no employees; there is a very small number of customers coming to the house; and a low number of deliveries. There was opposition to this proposal. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: Jonathan R. King Page 2 of 2 1. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity associated with the home occupation. 2. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 3. The Conditional Use Permit shall be administratively reviewed on an annual basis. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen~~ COy Yo..- ~ k- ~ ~ <~~'ili£~~~/ì,;, ,!¿..., 4- \;:;';', t;(- -- Jij '-'- "., ,.' ,~, '~'~-~.~:::;,::; 107 -216-CUP-2004 JONATHAN R, KI NG Agenda Item # 15 August 11" 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: APPLICATION HISTORY: LOCATION: GPIN: Location and General Information Conditional Use Permit for a Home Occupation at 224 Gatewood Avenue, This item was deferred at the July 14 public hearing due to the failure of the applicant to post the required notice on the property- Property located on at 224 Gatewood Avenue, 24070256260000 , , ,"', ToYßtba'Jo R. Kin~ : D"j," þ_,~rtp: o"o-'R'~'5&' c, " "I --=~:i>, 'R-SD "p--":-'- '5;-. ';... ' '- "I ŒJ:J-"'/-_-'c"",-",.~-:.,;,D ""',,"o,cP'-,; -'-4'~---:",o"",a;ö c;k'éJ'. - \! , Q' V.Q 0 D W - , "",p> , ~ ] ~,.21 "'-å-'2W;:> ,-~~a!i~~oG~{":' U,,- i¡i,;""'~Qs:j:q.QjQr,--' ~ "'R"c~D'," I ",-"~¿:",\-;;,,-:--~".c:,:';1J;I¿:,,, ,", :~~:A""i~\-\~--!~:~~Q"~.l ¿'Ô\~Öø¡¿\ i- II -"' /"~..J.,.,,,"":'~d\:J'ð ¡9ÇJ~'>_'--si>Œ.r " , - ~c'~D ,,:::¡;-~::~oo~,:\ 'i,:- ~:_~.-' 0,:"',1 'L.~-- ---;,:,:r'" co ",-, cR JD ^." Cl-!~!"'H""w,¡""p_1I,,'n JONATHAN R KING Agenda Item # 15 Page 1 COUNCIL ELECTION DISTRICT: 6-BEACH SITE SIZE: 15,000 square feet EXISTING LAND USE: The property is currently developed with a single-family dwelling and zoned R5D Residential District. West: . Single-Family Dwellings I R-5D Residential District . Single-Family Dwellings I R-5D Residential District . Single-Family Dwellings I R-5D Residential District . Across Gatewood Avenue are Single-Family Dwellings I R-5D Residential District SURROUNDING North: LAND USE AND South: ZONING: East: NATURAL RESOURCE AND CULTURAL FEATURES: The property is developed with a single-family residence and contains residential landscaping. AICUZ: The site is in an AICUZ of greater than 75dB Ldn as well as in APZ 1 surrounding NAS Oceana. Summary of Proposal The applicant proposes to conduct a business for the sale of small-scale firearms out of his home. The hours of operations are from 6:00 PM until 9:00 PM Monday through Friday by appointment only. An approximate volume of customers would be 15 per month. Occasional shipments are received from UPS. Federal Express, etc. The home has an alarm system and firearms are stored in a locked metal box Major Issues JONATHAN R KING Agenda Item # 15 Page 2 The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. . Compatibility of home occupation with neighboring properties. Comprehensive Plan The Comprehensive Plan designates this area of the city as part of the Primary Residential Area. Home occupations that meet the requirements established in the City Zoning Ordinance are appropriate conditional uses within residential districts. Staff Evaluation Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses the 'Major Issue' identified above. The proposed business is within the characteristics outlined in Section 234 Home Occupation of the City Zoning Ordinance and will have no impact on the surrounding neighborhood. There are no employees, there is a very small number of customers coming to the house, and a low number of deliveries. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity associated with the home occupation. 2. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. JONATHAN R. KING Agenda Item # 15 Page 3 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. JONATHAN R. KING Agenda Item # 15 Page 4 Supplemental Information Zonina Historv onathan R. [(in ! / O"\,U"'n,',\,'OGi,I°"\O, ,'<. ~O!,. '0 iQ"ol°c,;"'do' I ,\0,,- , Do"O ; / \ ?~~~I:,-' d, ',', -.I \, ': \', \D'~'\5f!, -r-" ,\ "-'--, , I ooc ,II , 0" 1" '-~ \ ,~,' - -- N!~~, / R- ',O,-- "00" ,':"'1 I, c,' ( , [£']_1 1/ 1"8 " \ -\,,-;"'\ ,j), - \,'::,--D---;B¿S\"C'"d,G \ '" 'I -. / \ I\"""L-----õ '\):W"I..__;, / ",/ ~ ~V 3 \~\ d'D"",,' '~-,'-:::---~-':--;- \ I ..::2 ' - -;~, r2fQ\O\~I,L \~~,(':cs-..'{/~, , .. \ C:::P ( \, I u ,,1J6! ,j/ I~I~~~~\-~ ~," ""'\'ii,9 ~ð~~;c\ ~ j -~/71~\ QQJ,~ ~\oQ ~ ~,/ _tS-=-'~'~ j (~~" (1~ \ '" ~ \~, o~o 0\ 0 \-u- ~ 0,,), '.. OJ~\ ~::]'" : -7.1£~T,i~I~:~~\" \ °'\ ~\OO~O Jt"g ~:'Ô,è.,' ,0 Q,C " ' / f i I \ j:~' 0 \';. \ ~ Ô' Y'\ C6~' 1-- srø:r: ':, ' /00',[ 10olJ..~,>v CËJ,\D,,\,,' .1"1,, -",,--,:,",:'---,,' ,,'o'n,", ,~~ -~\~ 0\ ... --', ~...-=--, - ,..--,\G\ v' " f f\1,_~"~-,.:::'~-\'\ ~o '~\ \ , ' :: ~'~, ""'1~~\' \.¿:-~'O'\ ,e",,' ': /1 \ -'~,¿ ~ L~d\ð\~~aro Ð \~', \-, DOl' ... J4sif\"< " Cd,,', ), oo¡ff, ~\ '\I~\'-.-D-\ ""<') ~~-, \0,' c', '~O\ -,', cUP ror Home Occupation Map 1-7 Moc "O\ co "cole I#DATE jREQUEST 1 09/17/84 Rezoning from R-8 to 1..1 I ACTION Denied JONATHAN R. KING Agenda Item # 15 Page 5 Public Aaencv Comments Public Works I No data available. I Traffic Calculations: Public Utilities Public Schools I School: I Not applicable - No Comments 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 thev pertain to this site. Fire and Rescue: Storage of small arms ammunition in residences shall comply with Sections 3306.4.1 and 3306.4.2 Small Arms Ammunition of the International Fire Code. JONATHAN R. KING Agenda Item # 15 Page 6 Exhibits Exhibit, Aerial of Sil Locatio JONATHAN R. K~N1~ Agenda Item 7 Page I C,O , , !;;:~.~:~~:;~~~:i:':}"~:~"~~.;"':"::'~ . "j{~I' ;: ~i~- '-==--=-:::::s--+--- 3"-' -~,;'F:_- i"'O,P ---- _J, 1"")1 Q 'n ',,' " " ~ ~ :ì ::;8 1- ,,' I ' ~ 1 t i' ~: ,¡ ~ i,df ~, . \Jj ::2, )- ,~ 2 u :,¡ '- , ,,--;\~'" oot"~L , Exhibit 8 Site Surve) If' -;i: 3' ,ö' r~ ,'~~~l I ~ - "~ i ~ ----"'~--,-1 r--¡j-- ':~' i , II ,~~'-r ~- - 'I-'~ / ' 1\ ( ;,.. J : .. ,--->~,,~~'~, "\i~1t," I;' 1-: I I 'f, , 'I '" , ,~ I : -,,-! 3'P, -~- -h>TJ , : ~~" .>,~.. ,,' l'~/~::- ~I " -"', "'I ~---:,~",A- " ,<,,', ~ 1-1 7QJ~'\A: ,aç,o<,'\ I i I' I, Ir",,:)---- G...'-JrE \/\/00[.' AC"" "'V E (6' D) ""YS;DL OO""Y u,' U'~ '" REVISrD "LAX Of GAnWCOD P.R' En"u LOC,WED HC'. LOlmO" "'10(;" '-YHNBAVON IrQROU"" VI""'HTA ,",<>1. ilRGW¡,\ FD" ,a.ATHAN R, . ô1J<R"'" ^, ":;0 ..,.,;,- ~ -'L~ '^""" , ""',,.,,'- "_C, ',r-"" "',"'n ,"" '".Ie ,'"..v""'"",, ""^" """i"", "",,"'. 'n,'","". -"'" ro"" ',",-, "". ,,",', ,I,.,. :,.0, ,.)-j' JONATHAN R KING Agenda Item # 15 Page 8 z <=> Þ--C ~ C..) Þ--C ~ ~ ~ E--« ~ ~ ~ ~ CI':J P ~ <=> ~ ~ ~ 0 z 0 u DISCLOSURE STATEMENT ,----",--- -- APPLICANT DISCLOSURE If :he applicant IS a coroorotion. partnership. firm. business, or other cnlflcorpcrated organization. complete the following' 1 List the aoplicant name followed by ',hE names of ail off cers, "'embers. :¡u"ees. ~artners. etc. below: (Arlaen/ist i.' necessa~(' JONATHAN R, KING ----- 2. List all businesses ,h"t hove a ;:ar"n:-subSlc,ar, or aff,l,a;ed [cs,ness entitf relationship w,th tho "~olicant' '-"naen ¡;Sl ¡{ neces;ar.>'; KING 5 F,REArtMS ------- ---- 0 Check here If the applicant IS NOT a corpcration, .,artnership. ¡,r", business, or other un'ncarperated organization PROPERTY OWNER DISCLOSURE Complete Ihls section oniy if property owner is till/eren! frem applie¿w If the property owner '.s a corporation. partnership. firm. bl1,-'.ness or ,other unincorporated organizatIon. complete the following: 1 List the proper:y owner name followed by the names oj ,;11 officers members. :rustees partners. ete, belew: ¡Arlac/l Us: if necossar/,' N/A -.., ..--- -, List all businesses that have a ,arent-subsidiary' cr aftil,ated cosiness ent.ty- relatlonsnlp Nlto 'he applicant: l'A!tDCh I'sf .f necessa~,) NiA ___n_- ------------------ 1!!S Check here it the pre;oer:, swner IS NOT a 00/00,"1101' ~"C,n'è":'Il' ;',m l:l.SIC."C_, or other urinccrporatec orçanizatlor & - S.. "'." pa<)e '0' :"o"m" --- --- .:0-."""" c" 'o~" "",0,"',- "';. 'c ",-- ..",,"" O-'~Cv' Exhibit C Disclosure Statement JONATHAN R. KING Agenda Item # 15 Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES L,sl all <Ilown contractu" or JUSloesses tr.a! 'leve or wul s~r/'ceo w,tI' r"s;Jeet to 11'.= I'ec;cested ;Jro,erty 3se, Including êul rei ",'.'ed 1= ',rC',',.Ja', "","",,e:c,':,1 sec.-ices, 'Ðal estete services, ¡inanclal s('r"c,,", Clcoo'Jnll,1;'; "eo"c",. ane I,""" i 5er','loe" ¡Altach lisl If nceossor;: " UPS. USPS, FEDERAL EXPRESS -----"-- 'P2fent-subsidlary relationship" means 3 relationship Ir,al exists wlle,n one ""rporairan directly or indirectly owns shares possessing mere than óO percent of tile voling power of another corooratien," See State and Local Governm"nl Conl'r:t cf Inlerests Ac', Va Code § 2.2-3','cl, , "Affiliated buSiness entity relationship' means "a relationship, other 'n"n ;Jar2nt-sobsiciary relatiocship, ;hal exisls when ii, one business entity has ê I controlling ownership interest In tce other bUSiness entity, "i) a conlrolling owner in ¡ one enllhi is also a controlling owner in tr,e ethee entity, or [ili) tllere IS shared , management er control cetween the business entitles, Fac,ors that should be consioered In determining the existence of an aifiliated buslcess entity relationship Include 'hat the same person or substantially the same person C','in or man"ge the hvo entities, ihere are common or commingled funcs cr assets: the "usiness en"t,es shi'.'e tr,e OS8 cl it", same offices or employees or oloer.'!,se share acli'"tles, resCcrces or perser,nel on a regular basis; or Iher~ is other,'l,se a close working relaticr,sr,lp celween the entities," See State and cocal Gc'lernCle"t Con!:lcl of '-,terests Act. Va, Code § 2.2-3101 - --------- CERTIFICATIONt I certify that Ihe In;crmallon contained herein is Ir'je and acollrale I uncerstand that upon re'ceipt of nclitication ipcstcardj tr,at the appiicet,cn hos teer, sc"eduled for puolic hearing, I am respcnsl~le fer G",a:ning and pos:lcg the io"urrec sl:;n on the subjec: propertv at leas: 30 coys prior t~ tr,e sclleculcd puo,ic hc"ring according 10 the i Iructions in thiS ;Jadage, JCNATHAN R, KING P',,' Name '" ,I" ~o-e O:oe :1! C'wne's S,gcõ'cce Ii< c'Heron' 'ra' 30:I,~aC!' ","0"',"" ,"" ~z 0 ÞOO--c ~ t...:' ~ ~ ~ ~ f--4 '~ ~ ~ ~ CIJ I:::::> l~ Z 0 ~ f-c t---f Q Z 0 C-) JONATHAN R KING Agenda Item # 15 Page 10 Item #15 Jonathan R. King Conditional Use Permit 224 Gatewood Avenue District 6 Beach August 11, 2004 REGULAR Joseph Strange: The next application is Item #15 Jonathan R. King. An Ordinance upon Application of Jonathan R. King for a Conditional Use Permit for home occupation (firearm sales) on property located at 224 Gatewood Avenue, District 6 Beach. Barry Koch: Good afternoon. I'm Barry Koch, attorney and I represent the applicant Mr. King. So you understand, Mr. King who is a gunsmith with the Navy works for the government fixing those machine guns they use allover has developed a knowledge of guns and has a reputation in the community knowing about guns. He previously had and has had for some time a BA TF license. However, upon his renewal coming up regulations have changed that require certain requirements to be met which necessitated a residential location where guns would be sold. Obviously, he sells very few guns but he wanted to be able to continue to do it at his home. Therefore, the Conditional Use Permit has been applied for that purpose. There is never going to be more than one person coming by there. He really doesn't advertise to the public so there is not going to be a sign. Nothing is really going to change about his residence then it ever has been other than the fact that he's obtaining a Conditional Use Permit. He is present here and can answer any questions you might have if I can't answer them. Dorothy Wood: Thank you sir. AIe there any questions? Robert Miller: Mr. Koch? Barry Koch: Yes sir. Robert Miller: How many guns does he sell per year? Is there any idea? Barry Koch: It averaged out probably no more than lOa month or something like that. Dorothy Wood: Thank you. AIe there any other queations? Ronald Ripley: Have you ever had any complaints about noise or anything at all? Barry Koch: No, because there isn't anything happening there. I think maybe the City received a letter that asked a number of questions of the City, which the City answered but beyond there, I am not aware of anything. Item #15 Jonathan R. King Page 2 Dorothy Wood: Ms. Anderson. Barry Koch: Yes ma'am. Janice Anderson: How does he advertise his business? Barry Koch: He doesn't. Janice Anderson: Okay. There is not an advertisement in the yellow pages with his address on it where people can just stop by? He sells it to peop1e he knows personally? Barry Koch: It's a convenience more than anything else. Janice Anderson: Okay. He's been doing this same type ofbusiness at this location for about] 5 years? Barry Koch: Yes. That's correct. Dorothy Wood: Mr. Din. William Din: Yes sir. Is the type of gun that is sold by Mr. King limited to certain types? Automatic? Small handguns? Barry Koch: It would be whatever he could sell with a firearms license but he's not in the business of selling antique guns or anything like that so. William Din: They are not antique guns? ]s that what you're saying? Barry Koch: That is correct. I think most of the time that if somebody wants to purchase a new gun they know he knows a little something about guns and in the past he has been able to sell those. Dorothy Wood: Are there any other questions for him? Thank you. We'll hear the opposition sir and then you'll have time to rebut. Barry Koch: Thank you. Dorothy Wood: Thank you. Joseph Strange: The first person speaking in opposition is Gay Rehnback. Gay Rehnback: Madame Chair, members of the Planning Commission. I've lived in the neighborhood for most of my 1ife. Ed Weeden: State your name for the record please. Item #15 Jonathan R. King Page 3 Gay Rehnback: Gay Rehnback. Ed Weeden: Thank you. Gay Rehnback: I went around over the weekend and questioned some other neighbors how they felt about somebody selling firearms in the neighborhood. I've got a petition here with about 30 names on it that are against it as well as myself. One of my concerns is that I'm not sure there is any mechanism in place after the fact to make sure that he lives up to the conditions that the Planning Commission recommend that he meets. So, that is one of my problems. It sounds pretty innocuous what he's planning on doing but I don't know whether that might change once he gets approval. Dorothy Wood: You are aware that he has been doing this for years? Gay Rehnback: That is what I understand. Yes, ma'am. Dorothy Wood: He has been and this is just a renewal sir. Gay Rehnback: Yes. Dorothy Wood: Has it been a problem to you? Gay Rehnback: Not that I know of. No, ma'am. Dorothy Wood: Where do you live sir? Can you show us? Ed Weeden: There is a pointer on the podium. Gay Rehnback: Oh, okay. I'm about right there. Dorothy Wood: So you're not really adjacent? Gay Rehnbaek: No. It's a small neighborhood though. Dorothy Wood: Yes. Gay Rehnback: Some of these signatures are from people who are within two houses of him. Dorothy Wood: Thank you so much sir. Donald Horsley: Can I ask him a question? Dorothy Wood: I'm sorry Mr. Horsley. Item #15 Jonathan R. King Page 4 Donald Horsley: Do these peop1e know that he has been doing this for 10-12 years? Gay Rehnback: Some of them do and some of them didn't. Dona1d Horsley: They never complained before? Gay Rehnback: No sir. I don't know that they knew they had any right to complain. Donald Horsley: These conditions with the Conditional Use Permit probably gives you more protection now then you had before because now if you don't feel that these conditions. The neighborhood is probab1y the best watch we've got. You got zoning inspectors but the neighborhood if they see a problem they contact the Planning and they check it out. So, you probab1y got more recourse now then you had before. Gay Rehnback: That's probably true. I feel1ike a firearms store in the neighborhood is probably not a good mix. There are a lot of families in the neighborhood and having a firearms store in the neighborhood just doesn't make much sense to me in the long and short of it. If he wants to sell firearms maybe he should get a storefront. Dorothy Wood: Mr. Din followed by Mr. Miller. William Din: Mr. Rehnback over the course of the past three or four years have you noticed any increase in traffic activity or any suspicious activity through the neighborhood? Gay Rehnback: No. There's traffic up there but I don't know what's going on in his house. William Din: Are there any homecare in this area that you know of? Gay Rehnback: Does he have homecare? William Din: No. Do you know of any other businesses operating out of the house over here that might have cause any additional traffic or neighborhood concerns? Gay Rehnback: There are some other people in the neighborhood that I think are running businesses out of their house. Yes. William Din: Usually businesses like homecare would require a similar type permit. All of our Conditional Use Permits are monitored by the city. If there are conditions they can enforce those. Gay Rehnback: Right. Okay. William Din: Thank you. Item #15 Jonathan R. King Page 5 Dorothy Wood: Mr. Mi11er. Robert Mi11er: I just want to make sure that you have a petition. Do you want us to have that petition? You need to hand it to Ed and then he wi1l pass it around. Gay Rehnback: Thank you. Robert Miller: Thank you. Dorothy Wood: Are there any other questions for him? Do we have any other opposition Mr. Strange? Thank you sir. Joseph Strange: The other person in opposition is Barbara Clark. Dorothy Wood: Welcome Mrs. Clark. Barbara Clark: Good aftemoon Chairperson Wood, members of the Planning Commission and city staff. Thank you for the opportunity to speak before you today. My name is Barbara Clark and I live on 16th Street at the Oceanfront. I do not live in the app1icant's neighborhood but in his district. I come before you to inform you that many citizens are deeply concerned about this application. When I mentioned it at the 2nd Police Precinct Citizens Advisory Committee, I heard gasps and "you got to be kidding". I am to report back to concerned citizens there tonight. I understand that you have a list of questions that I compiled nom my neighbors and myself and the staff's response. Regarding number three, we would ask that this application be defeITed until we can receive copies of Bureau of Alcohol, Tobacco and Fireanns Regulations. Number 4 is just as concerning. We asked that the applicant submit his proposal for safeguards that would be enacted to avoid criminal intervention and seizure of the firearms. Number 6 refers to the City's Zoning Ordinance prohibiting home occupations such as tattoo parlors. If activities such as these are prohibited why wouldn't gun sales and purchases in residential neighborhood be considered dangerous? Number 7 indicates people can come to the residence with weapons loaded or not to se1l to the applicant. Number 8 te1ls us that we don't know "if" or "what" kind of background checks would be performed on people buying or selling guns at this home. Number 12 is regarding the type of weapons that could be bought or sold at the home. It was not addressed by the response. We don't blame the staff but would like a response. We're afraid that it might mean that the applicant can buy and se1l any kind of weapons including fully automatic AK -4 7 s up to .50 ca1iber machine guns. Also, the staff report includes many references to a low volume and inspected low volume of traffic. As many of may know I can attest to a home occupation that outgrew it's neighborhood and have the process to enforce compliance can be time consuming and even dangerous. I understand that many of the applicant's neighbors support him in this application. That's admirable. But if this applicant's home occupation became a problem wou1d the neighbors call Zoning? As I heard from my neighbors fee1 nothing cou1d be done and they were afraid to call the City. I live one block from the hotel where the owner was shot in the stomach not long ago. Item #15 Jonathan R. King Page 6 Two members were shot at 20th and At1antic 1ast month. These hotel, restaurants and bars are within a b10ck or two or even in the middle of residential neighborhoods. We don't need more guns in them. There are plenty of vacant commercial sites for this activity. We're especially concerned about the precedent that would be set if you recommend approval of this application. We hope that you will not in the interest of protecting our neighborhoods. Please recommend denia1 of this application or at least defer it unti1 these questions can be answered or specific conditions such as periodic reviews of the Conditional Use Permit verbal assurances can be crafted into the app1ication. Dorothy Wood: Ma'am, your time is up. Barbara Clark: Thank you. Dorothy Wood: Thank you. I want to ask you one question. Barbara Clark: Sure. Dorothy Wood: Do you realize that he has been doing this thing for 13 years? Barbara Clark: Yes ma'am. This is the first time that this issue at all has come up and I'll say during my watch since I've moved here. Dorothy Wood: We've had several other people selling guns in their homes I believe. Barbara Clark: Was it an application before Planning? Dorothy Wood: Yes ma'am. Barbara Clark: Then I missed them. Dorothy Wood: I just noticed that you mentioned the police but when they did their report they did not have any objection to this. Barbara Clark: Right. I mentioned the 2nd Police Precinct Citizen Advisory Committee Meeting. Once a month, each precinet has a meeting with citizens. Dorothy Wood: You're not saying it was a police department. Okay. Thank you ma'am. Barbara Clark: Thank you. Dorothy Wood: Wait a minute. There might be other questions for you. Are there any questions? Item #15 Jonathan R. King Page 7 Joseph Strange: Are you aware of any prob1ems at aJl associated with this app1ication? Barbara C1ark: With this application? No, but as I stated in my neighborhood and another home application, very famous. Dorothy Wood: I think we're puzz1ed on what you're talking about ma'am. Barbara Clark: The Mother's, Inc. It's in my block and the issues it took with compliance that took very long and dangerous to me. It could be very hard to enforce compliance. Dorothy Wood: I know that was hard. Barbara Clark: Thank you. Dorothy Wood: Are there any other questions? Mr. Ripley. Ronald Ripley: If this man has a reputable business and he's not had any comp1aints and he was in a shopping center and he wanted to renew it what would be the difference? I realize that it is in a residential neighborhood. Sounds very passive as to the amount of traffic and he doesn't advertise whereas you would have advertising and all kinds of people coming and going because of the advertising. Do you see a difference? Barbara Clark: -Yes sir. Rona1d Ripley: What is it? Barbara Clark: I spoke with a gun owner who informed me that in the commercial areas in the gun shops that are under the jurisdiction and regulations of the BA TF that they are weJl1it the entire time. That each of the people that work inside carries a gun and is exp1icitly trained on how to carry the gun, use the gun if necessary. There is a lot more of attention. There is a lot more making sure that people can't steal the guns from the store. There is a difference. The whole feeling of bringing guns into the neighborhood and bringing people in to the neighborhood to buy guns and to carry them out. The minute they leave the door they could load the guns. Without some of these questions answered we don't know what safeguards are put on to ensure that bad types don't get a hold of these guns. Ronald Ripley: Okay. Dorothy Wood: I think Mrs. Prochilo answered your questions. Did you see her answers ma'am? Barbara Clark: Yes ma'am, and particularly this is a response to the response. Many were deferred back to the applicant or the Bureau of Alcohol, Tobacco and Firearms, Item #15 Jonathan R. King Page 8 which we would love to have time to actua1ly get a printout of those regulations and we could see exactly what type of safeguards are put on this. Dorothy Wood: Thank you. Are there any other questions for her? Jan, I didn't see you. Janice Anderson: Your main concern is that you don't know enough at this point. What the regulations that he has to go through when they give him a license to be a dealer. You're just not familiar with what the regulations are so you're asking for a deferral so you can get this information~ Is that correct? Barbara Clark: I really would like deniaL There are many people who just can't imagine approving firearm sales in the neighborhood. Beyond that, if we are to consider it then that is what we're asIGng is for more information to see if there are other safeguards that can make us feel a litt1e bit more comfortab1e? Janice Anderson: How about and I kind of agree with you just on the basis that a typical gun sale in a neighborhood is probably not a real compatible use. It doesn't sound right but I think this gentleman and I would like him to address some of these concerns. But, I think his situation may be a little different. Maybe an annual review would that make you better if this is reviewed annually so if there are complaints or problems they can shut it down. Barbara Clark: That would certainly be a step in the right direction. Again, after we saw all the regulations ITom the BA TF and everything there might be some other questions or could be tweaked out a little more. They could be incorporated as part of the Conditional Use Permit. Janice Anderson: Thank you. Dorothy Wood: Ron, did you have something to say? Ronald Ripley: But I would like Mr. King to come up. I would like to ask him a couple of questions. Dorothy Wood: Thank you Mrs. Clark. We appreciate it. Barbara Clark: Thank you. Barry Koch: If! could real quick, I have a couple of things then I open him up for questions. First, I can understand somebody's concern ifmy client were opening a little gun shop and he had a room in house where he had all these guns laid out where somebody could come and steal guns and things like that. He has no inventory. A1l he does is order a gun for a customer then the customer comes and gets the gun. So, it is not as though he has an inventory for sale. He has no inventory for sale. It's rea1ly a convenience for friends and something he has done for years without complaint. Nobody Item #15 Jonathan R. King Page 9 has complained in that time. As far as the regu1ations of the Alcohol, Tobacco and Firearms Safety Administration they are all on the internet. He has to comply with al1 those. He has to keep records of any guns and firearms that are sold. He has to do the same weapon check that any of us wou1d have to go through ifany of us had bought a gun at Bob's or someplace like that where you have to go through a criminal record check and so forth. He does all of that. He is required to keep records of all of that. Fortunately for him he doesn't sell many guns so he doesn't have to keep voluminous records if you would in terms of space in consumption of a record gun shop. But, I think the main point is that it is just a custom situation. He has no inventory, which I think resolves some of the lady's concern. Mr. King would love to answer any questions. Dorothy Wood: Thank you Mr. King. Would you please state your name for the record. Jonathan King: Yes ma'am. I'm Jonathan King. I've been living in Virginia Beach for 15 years. At the current address I've been living there for 13 years. I think for about 12 or 13 years I had a federal firearms license. Now f¡rearms sales are kind of a tricky thing. Everybody up there on the panel and back here in the crowd, unless you're a felon has a right to sell your own personal firearm. Ma'am, you can sell your handgun to this gentleman over here with just a bill of sa1e. It doesn't require any registration or anything. Basieally, all that I'm trying to do is sell guns, sell new guns and jump through all the hoops with all the bells and whistles that the A TF puts on me and the Virginia State Police puts on me. I certainly have to register myself with the local police precinct. As a matter of fact, I talked to the sheriff here a while back to about it. This wou1dn't have even been a snag had it not been for whatever reason, the Planning Commission or Zoning or something changed the rules requiring that I wou1d have a Conditional Use Permit. I wasn't aware of this for all this time and apparent1y it had just come to life. That is why we're all standing here right now because I want to comply with the law. I never had a sign put up. I don't have any plans on putting a sign up. As a matter of fact, the only sign that I do have up is the sign you people required me to put up. And it wouldn't have been a problem. It's not a problem either way. The reason why it didn't get put up last month was because I was deployed because I work for the Navy. I was gone for three weeks and I never received notification to go down and pick up the sign, which makes it looks like I was out of compliance, which in fact I was but I could show you orders. Dorothy Wood: That's okay sir. Jonathan King: I got the sign up and I've had the sign up ever since. As far as fully automatic AK-47s, that requires a totally different federal firearms license. It requires a Class 3 license, meaning that you can sell fully automatic guns. I don't sell fully automatic guns. I work with full automatic all day long. And to be quite honest with you I'm a little bit bored with it. I like to sell bolt-action rifles. I like to sell handguns and things like that. If I hadn't had to surrender my records, I cou1d have shown you that I don't sell any junk. You can go down to anyone of these guns stores and buy $39.95 380 handgun. I don't sel1 stuff like that. If they want to buy something like that off of Item#IS Jonathan R. King Page 10 me, I usua1ly refer them to someplace else because [don't want the reputation for having that kind of thing. As far as storage of guns, whenever I custom order a gun for a customer and when you order a gun !Tom me it's exactly what you want when it gets to me. If it is not, it goes right back because I have to log it in and then log it right back out and UPS right back to the source. As far as storage, say for instance you weren't able to pick it up, I have a safe that I lock stuff up in. [have a home alarm system. As far as kids having access to my yard, yeah, they probably do. I don't have a fence up. There are no kids in my yard because I don't a little kid because a small chi1d that would invite other children to come over and p1ay. Wou1d guns be a source of fascination for kids? I don't know and probably not. You can remember certainly watching the Lone Ranger and a1l of that. You didn't like guns back then. You had no use for them. In all fairness, I've been to several fireanns handling schools effectively ca1led gun fighter schools. As far as wearing a gun, I have a permit to carry concealed fireann. It kind of goes with the territory and due to the nature of my work, I figured a little bit safer with that but I do have a concealed carry permit. I am also a firearms instructor. As far as people walking onto my property with loaded guns, it has never happened and it never will because I don't tolerate that kind of thing. When somebody hands me a gun and I know it's empty, I still check it. I open up the bolt, open up the cylinder and pull the slide back and do whatever is neeessary. I am ready for more questions. Dorothy Wood: Thank you sir. Even though I personally don't like guns, I think you would still not have anyone here if you haven't followed our rules and put up the ugly orange sign. Isthat correct? Nobody has known you have been doing this. Jonathan King: No ma'am. Virtually, everybody surrounding me knew it. As a matter offact, I told them down at Revenues, whenever I applied for my business license what I was going to do. I don't think in anyone year where I did any more than $15,000 worth of business selling guns and accessories. As far as selling ammunition goes, I have ammunition for my own guns. My own personal stuff because I use them a lot. I'm a competitive shooter. Dorothy Wood: Well thank you sir. I think Mr. Ripley and then Mr. Miller. Ronald Ripley: Can you describe to us how your customer finds you and when he comes to you on your property, where does he go? Does he go to your !Tont door? Does he go to your garage door? Is your office in your garage~ What is that like and te1l us how that works. Jonathan King: My office is in my living room. Basically, they come to the side door and come through the kitchen. For the most part, say you were to bump in to me and said, I was thinking about buying a gun. I'd say what are you looking~ What exact1y do you want? Tell a couple of note. Tell you what, let me call around and see if I could find one. I usually go through big distributors. Call up the distributor, find the gun, call you backup and tell you what it is going to cost and you say, "yes" or "no". Then I order the gun at your request. It comes to my house. I log it in and notify you that it is there. Item #15 Jonathan R. King Page 11 Then you corne over and that's when you depart with the green. You pay me for the gun and then you fill out the two forms. You fill out the state police form and you fill out the 4473 from the ATF. Then upon completion of the state form, I have to see two forms of identification stating that you live in fact where you wrote down on that piece of paper that you live. I have to see two forms of that. Not only that, I'm not allowed to sell handguns to people from out of state. That being said and after I get al1 this information and ascertain everything is true by the identification that you gave me, [ call up the state po1ice. I have a 1-800 number where I call them up. I give them my dealer identification number and then we start talking. They ask me for the serial number of the form at the top of the page. We start with the serial number and they start asking me questions all the way down the page. I just answer everything that you wrote down. There have been times where people have been refused for reasons that possibly their birth date or something coincided with a felon or possibly they had the same name as a felon. I don't know how many John Smith's there are but certainly we can imagine how many felons would be named John Smith. Regardless of the fact, I've never had anybody turned down. Ronald Ripley: Mr. Koch indicated that there are about 10 sales a month? Is that about right? Jonathan King: It's similar to that but I don't think it is even that much. I wish it was much. I tru1y do. Ronald Ripley: Okay. Thank you. Jonathan King: In 13 years, I sold 3,000 guns. Dorothy Wood: Mr. Miller, do you have a question? Robert Miller: Just one question. You said you've done this over] 3 years. Jonathan King: Yes sir. Robert Miller: And, there has never been a situation where A TF or state or anybody else has held you in a lack of compliance with the rules and regu1ations that they have? Jonathan King: No sir. Robert Miller: No a single issue. Jonathan King: Not until I reapplied this time sir. Robert Miller: No, no, we're not A TF. We're a little bit less than that. Way less. An annual review and is that something that you would be receptive to that we ask that on an annual basis that through the administrative processes of the City that we would review Item #15 Jonathan R. King Page 12 the Use Permit and ifthere are no issues then there are no issues and it goes and rolls over to the next year? Jonathan King: No sir, I'm not opposed to that. Robert Mi11er: Thank you. Jonathan King: I kind oflike checks and balances. Robert Miller: We do too. Thank you. Dorothy Wood: Thank you Mr. Miller. Are there any other questions? Mr. Waller and then Ms. Katsias. John Waller: What kind of guns do you seH? What are they? Handguns? Rifles? Jonathan King: Well sir, ] sell handguns, rifles and shotguns. I selJ some semi-automatic rifles like AR-15, which is a M-16100k-alike. I've never sold an AK-47 look-alike even though there are plenty of them to be sold. I selJ handguns. I sell all quality stuff, which is why] won't sell AK stuff. Dorothy Wood: Thank you. John Waller: What kind of service do you offer that Bob's gun shop or whoever doesn't? Why wou1d they come to you instead of going to them? Jonathan King: Sir, I don't have as many lights to pay for as far as turning them on. Also, if you were to go to Bob's, if you wanted to special order something they may take on another $]5.00, whereas if you come to me everything is specia1 ordered. I don't keep an inventory. Dorothy Wood: Thank you. Ms. Katsias. Kathy Katsias: I think Mr. Waller asked my questions. Dorothy Wood: Thank you so much for coming to see us. Jonathan King: Yes ma'am. Dorothy Wood: Thank you. Don't all speak at once? Mr. Miller. Robert Mi11er: I certainly and when you think about guns it immediately becomes a much more vital conversation because of what were talking about. But when I think of activities that are going on in the neighborhood, I suspect that there are exchanges of guns and there are people who are in families and or other situations where things are Item #15 Jonathan R. King Page 13 being exchanged. I don't know of any and I don't know of this existing in a specific part of our community. I do think that Mr. King has been very direct and is very obvious1y wen informed and knows his business. He knows exacUy what he is talking about. Most of us don't much about it and would be hard pressed to quiz him but so far in the details, [do trust with the high profi1e of the things in our society these days that the state organizations, state p01ice and then the A TF and other people that are paying attention to this as wen as if not better than we are. Our rules now say that you have to have a Conditional Use Permit because you're doing an activity in your home that is an activity that can be considered obviously commercial. And, I think with an annual review I'm satisfied that this is something that can be looked at an annual basis and determine whether or not there would ever be an issue of any type that would be related to Mr. King. Of all the people at risk in this process without disrespect to gun owners is Mr. King and the transfer of guns through a commercial sale whether it would be something that would be used 1ater on for a bad situation or just an improper transfer that somebody found was not property documented. I think, Mr. King is the most logical person to be held accountab1e in this process. I think with an annual review, I'd be satisfied that this could continue in this neighborhood. Dorothy Wood: Thank you sir. Mr. Ripley? Ronald Ripley: I agree with you Bob. I think that if this is a new app1ication that were standing here and we weren't sure about what the history of this business is like or could be 1ike in the future, I'd think I would be more concerned but I'm not concerned in this instance because I see a man that's in business and has been in business for 13 years and his neighbors didn't know it. The reason they know it is because of the public notice which is appropriate for the Conditional Use Permit and that's fine. They're hear to say that this is a problem with us, we think, but the neighbors can't stand up and say that it has been a problem. So, it's not like it's been one year. It has been 13 years. So, with that said that I think it is appropriate particularly if you're going to have an opportunity to review it annually if it becomes a problem. I think about and this is not meant to be a real stress but we approved other home occupations such as daycare. We have a lot of children making a lot of noise, running across the street and things like that and I would think that neighbors could complain about more so than something that is passive like this and is handled on a one-on-one basis inside of a house as described today. Given the length of time that this man has been in business at this location, I don't have a problem with it either. Dorothy Wood: Thank you. Mr. Din. William Din: Thank you. I agree with the comments that have been made. I'm not a gun owner. I've never really shot guns. I don't believe in having guns in the house but 1 think in this situation Mr. King has a reputation. I'm just going to say it at that and leave it at that. I would like to thank Ms. Clark for coming forward. She is a concerned citizen here. She has and it is without the concerned citizens in a lot of instances that have to watch out for certain concerns. I appreciate her coming forward with her concerns. I Item #15 Jonathan R. King Page 14 hope she gets satisfied with looking through the regulations and seeing that there will be regulations covering Mr. King and his business in his house. But [ will be supporting this application but I would still like to thank Ms. C1ark for coming forward with her concerns. It's concerned citizens like Ms. Clark that we need to see throughout our nation that we are watching out for each other. Thank you very much. Dorothy Wood: Mr. Crabtree. Eugene Crabtree: Just really briefly. I'm going to support. I am a gun owner. My daddy bought me my first gun when I was 7 years old. But, that is beside the point. I think that Mr. King's security and the protection that he has on the guns in his home and the way he holds it is probably better than all of those other houses in the neighborhood. I would be that the other houses in that neighborhood that ¡fthere is a gun in probably 75% ofthern. Those other 75% are not nearly as protected and care for as what he has in his home. So, from a safety standpoint of view I think it is about safer than the rest of the neighborhood real1y. Dorothy Wood: Thank you. Don? Let's start with Jan and come on up. Janice Anderson: Well, I'll be happy to make a motion when ready. I just wanted to say that with the addition of the annual review, I think that takes care of this application whether it is compatible with the neighborhood or not. It's very clear and like everybody else has said there hasn't been a problem for 13 years and it has been compatible with the neighborhood and with the year review it will prevent it from getting out of hand. I think, what the citizens brought here that they are concerned and it is not what has been going on, it's what might happen. With that and especially with the applicant, this is his profession. All through the Navy and a licensed instructor this is not just a hobby of his. This is his profession. This man knows a lot more about it than I think anybody else up here. Dorothy Wood: Thank you. Mr. Hors1ey. Donald Horsley: I just think that he has a lot of protection and the neighborhood has some protection with these conditions and with the Conditional Use Permit in effect. And, with this yearly inspection, I think everybody is safe. I think Mr. King is reputable dealer and knows what he is talking about. Dorothy Wood: Thank you. Mr. Strange? Joseph Strange: I've listened to the comments of Ms. Clark. A couple of things did hit my mind. One was somebody coming up and buying a gun and being an emotional, unstable or something but the fact that these guns are actually ordered and somebody walking up and buying a gun from this gentleman. They actually have to be ordered and they have to go through a check. And, the thing that she brought up that kind of concerned me was burglars or somebody breaking in knowing that the guns were there Item #15 Jonathan R. King Page 15 and maybe stealing them. But the fact is he doesn't carry any inventory. So, the two big things that struck me when he got up and I think he addressed both of them. I'll be in support of this application based on that. Dorothy Wood: Is that in the form ofa motion sir? Joseph Strange: That's in the form of a motion. Dorothy Wood: Do I hear a second? Who seconded it? A motion by Mr. Strange and seconded by Mr. Din. Janice Anderson: Excuse me. Does this include with the additional annual review? Dorothy Wood: Yes ma'am. It's included with the additional annual review. ANDERSON CRABTREE DIN HORSLEY KA TSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE II NAY 0 ABSO ABSENT 0 AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 11-0, the application of Jonathan King has been approved by the Board. Dorothy Wood: Thank you. Thank you all for corning. We appreciate it. Is there any other business to corne before us today? Hearing none, meeting adjourned. ,I .,...,- .,..-,-, +-<""--' 1 ;, ['" {' , ,I- ,', , \ ,'-' June 281 2004 From James C. and Mary E. Smith 220 Gatewood Ave. Virginia Beach, VA. 23454 To. City of Virginia Beach Planning Commission (attn. Karen Prochilo) Subject Application of Jonathan R. King (# 107-216-CUP-2004) This is to notify the Virginia Beach Planning Commission that James C and Mary E. Smith of 220 Gatewood Ave. have no objection to Jonathan R. King being granted a conditional use permit for a home occupation (fire arm sales) on property located at 224 Gatewood Ave. \ -œ;-M ti- l S August 31, 4004 This is to notify the Virginia Beach City planning commission that James C and Mary E. Smith residing at 220 Gatewood Ave. have no objections to Jonathan R. King being granted a conditional use permit for a home occupation firearm sales on property located at 224 Gatewood Ave.. James C. Smith Mary E. Smith August 5, 2004 Ms. Barbara Clark Virginia Beach, VA. 23454 Re: Conditional Use Permit - Jonathan R. King Dear Ms. Clark: Thank you for your email regarding the Conditional Use Permit for Jonathan R. King. Some of your questions deal with the licensure of the dealer, which as a city planner, I cannot address. I suggest that you direct those questions to a representative with the Bureau of Alcohol, Tobacco and Firearms. The following are the list of your questions followed by staff answers. 1. How many other properties in the City of VB have Conditional Use Permits to sell firearms out of a home? The City Planning Department does not keep a list of all firearms dealers since we track items by land use. Currently the City is aware of one for the repair of firearms and two for the sale of firearms. 2. What are the addresses of these properties? These properties are located In what districts are they located? What is their zoning classification and that of their surrounding properties and blocks? The City Planning Department does not keep a list of all firearms dealers. A list of federally licensed gun dealers in your county can be obtained by contacting the nearest Bureau of Alcohol, Tobacco and Firearms (BA TF) office and requesting the list from the Public Information Officer. 3. What are the circumstances around the granting of the Conditional Use Permits? (E.g., does the homeowner bring the firearms to the customer? Are there other limits to the activity out of the home?) A Conditional Use Permit places controls, limitations and regulations on certain uses within a given zoning district. The Bureau of Alcohol, Tobacco and Firearms of the U.S. Department of the Treasury have regulations that the firearms dealer must comply with. 4. What safeguards will be enacted to avoid criminal intervention and seizure of the firearms? This question should be addressed to the dealer. 5. Under "compatibility of home occupation with neighboring properties" being the only significant issue identified by staff, what about the nature of the goods being sold from the home? Planning Department provides equal opportunity to apply for a home occupation conditional use permit provided that the home occupation is not illegal. The sale of firearms by a permited firearms dealer is not an illegal activity. 6. Please explain the rationale behind the prohibition of specified accessory activities under Section 501 (b)(5) of the City Zoning Ordinance. The City Council prohibited the uses listed because at some time in the past, each use listed has been a problem. 7. What other licenses does one need to sell guns as a business - not incidental buying and selling as collector, private citizen, etc. Federal Firearms Permit? ATF involvement? State Permit? To operate legally, a gun dealer must obtain a federal firearms license (FFL) and must also comply with applicable state and local laws, including acquiring any required permits. Federal firearms licenses are issued by the Bureau of Alcohol, Tobacco and Firearms (BA TF). Once licensed, a dealer can buy guns directly from manufacturers, other dealers and private individuals. The Crime Act of 1994 requires FFL applicants to provide documentation that they are in compliance with state and local laws, and requires BA TF verification of compliance. 8. Does this business have capabilities of other gunshops sporting goods stores etc. to do instant background checks on buyers?? This question should be addressed to the dealer. 9. This is being treated by city like someone selling picnic tables or birdhouses as a business. I think gun selling business is a bit unusual in residential zone. How about fireworks or prescription drugs? The sale of fireworks is illegal in Virginia Beach and would not be allowed regardless of where they are sold. Planning staff cannot provide an answer regarding the sale of prescription drugs because we do not deal with the requirements of the sale of the goods but with land use. 10. Why can't owner advertise with signs?? Most other businesses are allowed signage if use granted. Is it because we don't want residents (and perhaps criminals) to know he has a business selling guns? If not, why? Under the City of Virginia Beach's zoning ordinance the home occupation is allowed to have one non-illuminated identification sign not more than one square foot in area mounted flat against the residence. This applicant has been a firearms dealer for thirteen years and mainly deals with people he is familiar with. Due to the very low volume, there has been no need to have a sign nor is there any intent for this person to add a sign. 11. How come sales are after dark?? 6-9 pm? What's up with that?? This applicant works a ful/time day job. 12. What is a "small scale" gun seller?? Does this mean 12-151ully automatic AK47s I month?? (for collectors of course) or 12-15 small caliber handguns? or what? If he's on a large enough scale to require a business license and special use permit, he must be big enough to run a shop in a commercial zone. The term "small scale" deals with the low volume of customers. 13. Any mail order sales?? The applicant does have an occasional custom order but traffic is not affected. 14. To me, homeoccupa1ion would be atty, insurance, real estate, woodworker, construction co, photographer, blacksmith, etc. How does gunshop become home occupation? Would same be true of drug store? Lingere shop? The applicant submits to national and state criminal records checks as well as now going through a local public conditional use permit meeting the criteria of Section 234. 15. It would seem that children would be interested in a gun dealer in their neighborhood. Would a known gun dealer in the neighborhood tend to attract children? to see the product? Staff does not see the relevance in this question for a Conditional Use Permit. If you have any questions, please do not hesitate to contact me at 427-4298 or by email at kprochil@vbgov.com. Sincerely, Karen Prochilo Cc: Jonathan R. King File To Whom It May Concern: The undersigned present this petition to voice their opposition to the use of a residential property located at 224 Gatewood A venue, Virginia Beach, Virginia 23454 for the purpose of "firearms sales" as noted on the sign located on the property, It is felt by the undersigned that this type of enterprise located in a family neighborhood wou1d be detrimental to the we1fare of the neighborhood, All of the undersigned live in or own property in the neighborhood of Gatewood Park. 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' f U}L ,;;(,c.J.lAiL A, ¡')J:J,.IE5' ~ '/9-13 GIiTIÍ.v~c') AI": g-.~. oy ,",~}UÚJ"ÎI,fl:rrf)...r..u../ !..Ð"....t¡.. ¡ucrl"""""" l)i1LD.~o", ';)} '6-~ -ô'-t: ~'t-..L 0 -.' ~ ~ ,\\J.<>C~J.- ~:)\:\ ~ b..--,b-, ~ "6,ß Ò4 ,.. ~.d'~ 4:'~ ---'?L-'fšP¡"¡~:..c~ 22.15 w,\jbö.-J s-r 1- '?- uL\ :if ¿ ./ 'j ~"",,<,./. .D'.r\"""......,.¡ "o"¡¡;::",< AMI ('7',,-+\ ~ JS,¡¡o,/ 1. ,~-Aj "')" ¡: , '\ .1', J"t'n "" ---.., ð ^/r. ^'< '-,t." r~ 4 Ý 1'1 LJ ....~ ~ /. ~,¿~ C14 Y /\E:J-IX./¡f'if.¿/ 1-.2 ~2- t~./-'lí r..J:f. :J'/?//?4 I ä.,V'ffI///J!\Jj,.,..,-¡Ø (ih,",rr-l-!é..1 ¡lid),."," \11 ."IlL( lJ~I'\V' c.+~'/t. ),I¡ I 1 < / I /'"> /I~-J' /) vJ /i C7 ,Ai' -' I t- / I#IDATE I REQUEST 1 OS/28/02 Modification of Conditions 02/10/98 Conditional Use Permit (communications tower) 2 03/12/02 Conditional Use Permit (fuel sales) 06/13/00 Conditional Use Permit (motor vehicle rentals) 12/07/99 Conditional Use Permit (motor vehicle rentals) 3 12/19/88 Conditional Use Permit (car wash) 05/07/84 Conditional Use Permit (mini warehouse) I ACTION Granted Granted Withdrawn Granted Denied Granted Granted (èf-l~:~'~\ "<',', ,'," ""'., ,..",' 'õ.:'¿:!>;- CITY OF VIRGINIA BEACH AGENDA ITEM """ ITEM: Thomas Ritchie, Fine Edge Lawn & Land, Inc. - Conditional Use Permit (bulk storage) MEETING DATE: September 14, 2004 . Background: An Ordinance upon Application of Thomas Ritchie, Fine Edge Lawn & Land, Inc. for a Conditional Use Permit for bulk storage on property located at 400 First Colonial Road (GPIN 24078651060000), DISTRICT 6 - BEACH . Considerations: The applicant is currently utilizing the property to seasonally "store" palm trees (April to September) prior to transplantation onto customers' properties. The applicant was unaware of the need for a Conditional Use Permit to store landscape plant material within the B-2 District. The applicant would also like to store equipment (a bobcat and a trailer), boulders, stones and palm trees, within an existing 25 foot by 75 foot fenced area, previously used by the former business operating on the site, There is an existing gravel drive that provides access to the fenced area. There is currently an auto parts store on the majority of the property; however, there are no retail activities or customer traffic on this portion of the site. The proposal is compatible with the motor vehicle rental operation to the south and does not appear to interfere with the existing auto parts store immediately adjacent, but on the same site. All properties in the vicinity are currently zoned B- 2 Community Business District. The Comprehensive Plan recognizes that non-residential uses are appropriate in this part of the City, primarily due to the AICUZ districts found within the Strategic Growth Area. There are no buildings or signage proposed by the applicant in conjunction with this request. In fact, the existing, unattractive chain link fenced storage area will be landscaped with evergreens shrubs, A Board of Zoning Appeals (BZA) variance is required as the fence is non-opaque and inconsistent with the required screening for bulk storage yards, Category VI is required around all bulk storage areas and consists of a solid fence with evergreen shrubs. A BZA variance may also be necessary as the palm trees located adjacent to First Colonial Road will not be fenced and landscaped with the required Category VI screening. The Zoning Administrator will make the final determination on the necessity of the variance, Thomas Ritchie, Fine Edge Lawn & Land, Inc. Page 2 of 2 Staff recommends approval of this request. Planning Commission placed this item on the consent agenda because it is compatible with surrounding uses. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. A screen, consisting of a 6' privacy fence and a hedge of evergreen shrubs (Category I) shall be installed surrounding the existing fenced area, with the exception of the ingress/egress. A variance to the screening requirement of the fenced area will not be made to the Board of Zoning Appeals. 2. The equipment storage yard and drive may be gravel provided a waiver of on- site improvements is requested and approved by the Planning Director. 3. All equipment, machinery, and landscaping materials shall be stored within the fenced area. 4. Trees displayed out front as part of the landscaping associated with the signage shall be limited to no more than five. 5. Development of site shall be in substantial compliance with site plan submitted with this variance application. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DeparbnentlAgrnCY: Planning Department~~ C.. M'""'~ K. ~"'"' ~ø.~.~':i~j~, '~-':"<~"'~~< KO6-216-CUP-2004 \!(I.:t°MAS RITCHIE, FINE EDGE LAWN ":,:",,;,,,<,"'.~. & LAND, INC. " <,;c:,:>-:;- Agenda Item # 7 August 11, 2004 Public Hearing Staff Planner: Carolyn AK 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. Location and General Information REQUEST: Conditional Use Permit for bulk storage, LOCATION: Property located at 400 First Colonial Road, "'o:':p,!,,,Ó, GPIN: COUNCIL ELECTION DISTRICT: 24078651060000 6-BEACH THOMAS RITCHIE Agenda Item # 7 Page 1 SITE SIZE: 1,479 square feet EXISTING LAND USE: Auto parts retail store; landscape material storage SURROUNDING North: LAND USE AND ZONING: South: East: . 1-264 interchange, Wisconsin Avenue . Convenience store, Motor vehicle rental I B-2 Community Business . Louisa Avenue, Single-family dwellings I B-2 Community Business . First Colonial Road, offices I B-2 Community Business West: NATURAL RESOURCE AND CULTURAL FEATURES: There is nothing of environmental significance on this site The property is within the Chesapeake Bay watershed. AICUZ: The site is in an AICUZ of greater than 75dB Ldn surrounding NAS Oceana. Summary of Proposal The applicant is currently utilizing the property to seasonally "store" palm trees (April to September) prior to transplantation onto customers' properties. The applicant was unaware of the need for a Conditional Use Permit to store landscape plant material within the B-2 District. The applicant would also like to store equipment (a bobcat and a trailer), boulders, stones and palm trees, within an existing 25 foot by 75 foot fenced area, previously used by the former business operating on the site. There is an existing gravel drive that provides access to the fenced area. There is currently an auto parts store on the majority of the property; however, there are no retail activities or customer traffic on this portion of the site. THOMAS RITCHIE Agenda Item # 7 Page 2 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 land uses and zoning. . Consistency with the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan identifies this site as within Strategic Growth Area #7, Hilltop/North Oceana Area. Because of the influence of AICUZ in this area, non- residential uses are recommended for this area. However, given the attributes of this area's location, it has a "great potential for contributing more in the future toward the well-being of the City" (page 76). The Plan recommends that special attention be directed at quality of site and building design, including signage, to increase the overall attractiveness of this 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 THOMAS RITCHIE Agenda Item # 7 Page 3 (1) The proposal is compatible with the motor vehicle rental operation to the south and does not appear to interfere with the existing auto parts store immediately adjacent, but on the same site. All properties in the vicinity are currently zoned B- 2 Community Business District. (2) The Comprehensive Plan recognizes that non-residential uses are appropriate in this part of the City, primarily due to the AICUZ districts found within the Strategic Growth Area. There are no buildings or signage proposed by the applicant in conjunction with this request. In fact, the existing, unattractive chain link fenced storage area will be landscaped with evergreens shrubs. A Board of Zoning Appeals (BZA) variance is required as the fence is non-opaque and inconsistent with the required screening for bulk storage yards. Category VI is required around all bulk storage areas and consists of a solid fence with evergreen shrubs. A BZA variance may also be necessary as the palm trees located adjacent to First Colonial Road will not be fenced and landscaped with the required Category VI screening. The Zoning Administrator will make the final determination on the necessity of the variance. Staff, therefore, recommends approval of this request, subject to the following conditions. Conditions 1. A screen, consisting of a 6' privacy fence and a hedge of evergreen shrubs (Category I) shall be installed surrounding the existing fenced area, with the exception of the ingress/egress. A variance to the screening requirement of the fenced area will not be made to the Board of Zoning Appeals. 2. The equipment storage yard and drive may be gravel provided a waiver of on-site improvements is requested and approved by the Planning Director. 3. All equipment, machinery, and landscaping materials shall be stored within the fenced area. 4. Trees displayed out front as part of the landscaping associated with the signage shall be limited to no more than five. 5. Development of site shall be in substantial compliance with site plan submitted with this variance application. THOMAS RITCHIE Agenda Item # 7 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. THOMAS RITCHIE Agenda Item # 7 Page 5 Supplemental Information Zonina History I#IDATE I REQUEST 1 05/28/02 Modification of Conditions 02/10/98 Conditional Use Permit (communications tower) 2 03/12/02 Conditional Use Permit (fuel sales) 06/13/00 Conditional Use Permit (motor vehicle rentals) 12/07/99 Conditional Use Permit (motor vehicle rentals) 3 12/19/88 Conditional Use Permit (car wash) 05/07/84 Conditional Use Permit (mini warehouse) I ACTION Granted Granted Withdrawn Granted Denied Granted Granted THOMAS RITCHIE Agenda Item # 7 Page 6 Public Aaencv Comments Public Works Master Transportation Plan (MTP): First Colonial Road is currently a four (4) lane, divided urban arterial. This road is currently in design for widening from Virginia Beach Boulevard to Interstate 1- 264. Improvements to the intersection of First Colonial Road and Virginia Beach Boulevard (CIP 2-027) are also proposed. The level of capacity after these improvements will increase (42,100 level of service "0"). No additional ingresslegress will be permitted along First Colonial Road other than the existing access point. Traffic Calculations: Street Name Present Present Generated Traffic Volume CaDacitv Existing Land Use' First Colonial 41,086 27,300 - 384 ADT Road ADT' ADT' Proposed Land Use - 462 ADT Average Dally Trips , as defined by eXJstlng auto parts sales 'as defined by auto parts sales PLUS wholesale nursery - the app¡'canl..;11 not be selling anything al the site, only bringing the palm trees to oft.s~e locations. As only approximately 15 trees are located on the site at anyone time, thiS ¡'gure 's high and tne actual number of trips is probably closer to that generated by the existing land use 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 (CPTEO) concepts and strateaies as they pertain to this site. I Fire and Rescue: I Adequate - no additional comments. THOMAS RITCHIE Agenda Item # 7 Page 7 .. ¡. Exhibits Exhibit A Aerial of Site Location THOMAS RITCHIE Agenda Item # 7 Page 8 " ~ ' ~ 11 ~ ; ; ¡ ¡ è, - , - L" " - II H ! HH -' , , L " , 1: :¡I~: ¡ " mw ;:';~- , " ;,,>,.- ; ¡ avo "'d""..., ~ ìVINOì"""" OJ J.S~/" -~~ ". '.. '...., OJ. " 3mG~\1 \1SlnOl '" :: - 'F: Exhibit E Proposed Sit Pia "" ;¡;! ~:;~ g¡,? \ /.,':-:'~~~r ' "~:~ '; \\i ,:! ;', .~ '>," :" ~ 1 '",'" t,;"", 11- '~::;".. " , - - '0 '- ¡1 ',' :; ;: " ,- I¡ I~ ",' " ",'.. --" THOMAS RITCHIE Agenda Item # 7 Page 9 Exhibit C Photographs of Site L- -ç -j' ," ";;;",'~,'-..~,ç,i~:~;'.~il:Õ:/'~~~~~ ::.Z~~:~ ~ h .. ,..'.-- ,'_h ~~;f~r~. " :" THOMAS RITCHIE Agenda Item # 7 Page 1 0 NOIlVJI1ddV lImIHd 3S111VNOIlIGNOJ Exhibit D Disclosure Statement " ,;;, tH ~Hf ~jn õ,,~~ !!¡IJ~ H~~ I ~~;:§ HH 0 In HI H~ III un HH H~~ ~Hi ' ,., " ~ ¡¡!!III¡li! ~~ ;2 " c , 0 " U ~-" '.- ~~ ~= '" ~ ~" . = u , 8 ~ c õ mlf HHI ~BH . ~3¡~g §HH (ii=l 'z I ';OJ ;i:::; IOJ , :!s 1': i¡~ I:J , :~ ! '-, . IU I 't/) , 1- ,,0 ,I i Ii L..t 5 " , l :n ;; 11 Ii: ~HH - IH~ ~ HH : ¡Hi i ~ . 'i H }~ õ~ ~~ If ~'" g~ Ii. n~ ~~ L ;¡ 111!fl i . , - HHi .] IHH3' i ~ ~t , ~ ~ ~H 0 ^ ~ ~ H ;§ j ~ 'f '" " ' ~~ .: - ~ , - - , ,~ "-, - "" ,~ "'-- ~" " H~ v ~ -' "-.. " - - ~ '" 'r:; .-¡ I /~; - ~ . . " , "- ¡:, NOIlVJIlddV lIW1IHd HSf11VNOIlIGNOJ THOMAS RITCHIE Agenda Item # 7 Page 11 Item #7 Thomas Ritchie, Fine Edge Lawn & Land, Inc. Conditional Use Permit 400 First Colonial Road District 6 Beach August 11,2004 CONSENT WilJiam Din: The next item is Item #7 Thomas Ritchie, Fine Edge Lawn & Land, Inc. This is an application of Thomas Ritchie, Fine Edge Lawn & Land, Inc. for a Conditional Use Permit for bulk storage on property located at 400 First Colonia1 Road in the Beach District. Yes sir. Welcome. Thomas Ritcrue: My name is Thomas Ritchie, and I am representing Fine Edge. I have read the conditions and agree to them. WilJiam Din: Okay. There are two conditions here. That is correct. That has been revised. How many conditions? There are five conditions here. Have you read all five of those? Thomas Ritchie: Yes. William Din: Okay. Thanks. Is there any opposition to placing this on consent? If not, Ms. Katsias is going to comment on this item. Kathy Katsias: This applicant is currently utilizing this property to seasonally store palm trees April through September, prior to transplantation on to the customer's property. In our informal session there was opposition to this application. Since then the applicant and the person opposing have agreed to add three additional conditions, and so we put it on consent agenda. William Din: Thank you Kathy. I'd like to make a motion to approve Item #7 Thomas Ritcrue, Fine Edge Lawn and Land, Inc. for an application for a Conditional Use Permit for bulk storage on property located at 400 First Colonial Road in the Beach District with five conditions. Dorothy Wood: Thank you sir. Do I have a second? Mr. Knight seconded it. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON CRABTREE DL"N HORSLEY AYE AYE AYE AYE Item #7 Thomas Ritchie, Fine Edge Lawn & Lane, Inc. Page 2 KA TSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 11-0, the consent item has been approved by the Board. .~' . ?--. . . cw-t .... /' . ~ -= :..:., - \~ ~ .~. . '. . ~ ._----r~~~~~~ ,"'--'C'f 'ft_-- - ..... -- --, ,~ (t~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Virginia Beach Community Development Corporation - Conditional Use Permit MEETING DATE: September 14, 2004 . Background: An Ordinance upon Application of the Virginia Beach Community Development Corporation for a Conditional Use Permit for a Facility for the Disabled on property located at the eastern side of West neck Road approximately 2,000 feet south of North Landing Road (GPIN 14399970530000). DISTRICT 7- PRINCESS ANNE. . Considerations: The applicant proposes to develop the site with two residential structures designed to meet the needs of adults with mental retardation who are undersel\led in the community due to the complexity of their conditions. The Intermediate Care Facility will be licensed by the State Department of Health and will provide a barrier free environment with 24- hour supel\lision and medical support. Medicaid revenues will provide operational funding. The submitted conceptual layout plan depicts two proposed structures, associated parking, and a stormwater management facility. Each structure is one-story in height and 7,289 square feet in area. The exterior of the buildings are designed to complement the existing architectural theme of the nearby Municipal Center. The proposed buildings are brick with a hipped roof of architectural asphalt shingles. Three decorative dormers are proposed on the front of the building along with a painted cornice trim. Brick jack arches are depicted over the windows and brick rowlock sills underneath the windows. Four decorative columns define a recessed front porch and entrance to the buildings. A screened porch is proposed for the rear of the structures. Twelve residents will occupy each structure. Supel\lisory and clinical staff along with various consultants will be on the site to care for the occupants. The Planning Commission placed this item on the consent agenda because the proposed use is compatible to the surrounding area and consistent with the recommendations of the Comprehensive Plan, provided a much-needed sel\lice to a segment of the City's population in need in a suitable location within the city. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 with two abstentions due to conflicts to approve this request with the following conditions: Virginia Beach Community Development Corporation Page 2 of 2 1. The site shall be developed substantially in accordance with the submitted "Conceptual Site layout Plan of Biznet Residential Village, Virginia Beach. Virginia", prepared by MSA, PC, and dated 8/23/04. Said plan is on file in the City of Virginia Beach Planning Department. 2. The proposed buildings shall be constructed substantially in accordance with the submitted elevation titled "BIZ-NET VilLAGE", dated 7/21/04. Said plan is on file in the City of Virginia Beach Planning Department. Before construction of the buildings the applicant shall submit to the Planning Director, or his designee, brick and paint samples proposed for the buildings. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentfAgency: Planning Department"-- City Manager: ~~ \(. -Ö6 ~ ,.~::iAs£¡'" /..,<f'.';..~ '" ('I;' ",""T,"'A {~~~~,9 112-216-CUP-2004 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Agenda Item # 23 September 8, 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. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: EXISTING LAND USE: Location and General Information Conditional Use Permit for a Facility for the Disabled Property located at the eastern side of West Neck Road approximately 2000 feet south of North Landing Road. ,ø,,' .~ '" ::=.. q" .- I ::::.:=::...~..._, \~ -\ -~ """"- , .. ,\ ,,"-::1' ";::::;.)"'::::-""'-'- 14939970530000 7 - PRINCESS ANNE 12 acres The site is heavily wooded and an upland part of the West Neck Creek Park. VA BEACH COMMUNITY DEV'T. CORPORATION Agenda Item # 23 Page 1 South: . West Neck Creek Park I AG-1 Agricultural with an HIC Overlay (Historic and Cultural District) . West Neck Creek Park I AG-1 Agricultural with an HIC Overlay (Historic and Cultural District) . West Neck Creek Park / AG-1 Agricultural with an HiC Overlay (Historic and Cultural District) . West Neck Road SURROUNDING LAND USE AND North: ZONING: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is part of the City of Virginia Beach West Neck Creek Park. The park is a rambling reach of land, more than two miles in length, lying on both sides of West Neck Creek. Most of the land is forested wetland and floodplain, and can be described as environmentally sensitive. As much as 80% of the trail system through the park has been completed. West Neck Creek is a designated Scenic Waterway of Virginia Beach and is a popular canoeing stream. The site proposed for the intended use is not known to be impacted by wetlands. AICUZ: The site is in an AICUZ of 65 to 70dS Ldn surrounding NAS Oceana. While the proposed use is generally incompatible within the 65 to 70db Ldn, the United States Navy is not strictly opposed to the proposed facility and comments that if it is determined that the use is allowed they would recommend full compliance with the acoustical standards as set forth in the City Zoning Ordinance. The applicant intends to comply with the recommendations of the City Zoning Ordinance in that regard. Summary of Proposal The applicant proposes to develop the site with two residential structures designed to meet the needs of adults with mental retardation who are underserved in the community due to the complexity of their conditions. The Intermediate Care Facility will be licensed by the State Department of Health and will provide a barrier free environment with 24- hour supervision and medical support. Medicaid revenues will provide operational funding. VA BEACH COMMUNITY DEVT CORPORATION Agenda Item # 23 Page 2 The submitted conceptual layout plan depicts two proposed structures, associated parking, and a stormwater management facility. Each structure is one-story in height and 7,289 square feet in area. The exterior of the buildings are designed to complement the existing architectural theme of the nearby Municipal Center. The proposed buildings are brick with a hipped roof of architectural asphalt shingles. Three decorative dormers are proposed on the front of the building along with a painted cornice trim. Brick jack arches are depicted over the windows and brick rowlock sills underneath the windows. Four decorative columns define a recessed front porch and entrance to the buildings. A screened porch is proposed for the rear of the structures. Twelve residents will occupy each structure. Supervisory and clinical staff along with various consultants will be on the site to care for the occupants. Major Issues The following represent the significant issues identified by the staff concerning this request. Starr'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 surrounding uses. . A demonstrated need for the use within the community. Comprehensive Plan The Comprehensive Plan recognizes this site to be within the Princess Anne I Transition Area of the City of Virginia Beach. The Comprehensive Plan encourages that the important elements of a land use proposal such as natural resources, amenities (open space/recreation), development design, infrastructure, and other elements are be given considerable weight when designing the proposal. VA BEACH COMMUNITY DEVT CORPORATION Agenda Item # 23 Page 3 The Plan states that: "There is a shortage of housing for individuals and families with special needs such as senior housing and persons with disabilities." (Page 240) Regarding housing for residents with disabilities, the Plan recognizes that".. . efforts must also be configured to provide the maximum opportunity for independent living. This may take the form of ensuring that housing is physically barrier-free or it may be congregate living that enables residents to benefit from social interaction and shared supportive services. Although such housing may seem costly or inconsistent with current ideas of conventional living arrangements, the alternatives are often far more expensive. If affordable and accessible housing is not available within the community. residents with disabilities may be forced to live, unnecessarily, in institutions such as nursing homes, psychiatric hospitals or with aging caregivers." The Plan further states "The South Hampton Roads Disability Services Board (DSB) has documented the need of housing for persons with physical disabilities since 1993 in updated reports entitled Needs Assessment of Persons with Physical and Sensory Disabilities. The reports have consistently indicated that the lack of affordable accessible housing is a continuing problem for Virginians with disabilities and indicates the need to increase the supply of housing for persons of all ages with physical and sensory disabilities and their families. The most recent report, December 2002, indicates unmet needs for housing that is accessible and affordable and also speaks to the need for housing with support services as well as homes facilities." (Page 241) Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are (1) The proposed use is consistent with the recommendations of the Comprehensive Plan. The Plan recognizes the need to provide housing for individuals and families with special needs such as senior housing and persons with disabilities. (2) The proposed use is compatible with the surrounding mix of municipal uses, private service uses, and private homes. (3) The Department of Human Services conducted an exhaustive search of City- owned sites for an adequate property on which to develop a facility for mentally VA BEACH COMMUNITY DEV'T. CORPORATION Agenda Item # 23 Page 4 fragile adults. This site is identified as the City-owned property that is most suitable for the project. BizNet (a private, non-profit group) and The Virginia Beach Community Development Corporation have partnered to develop the project. Staff, therefore. recommends approval of this request subject to the conditions below. Conditions 1. The site shall be developed substantially in accordance with the submitted "Conceptual Site layout Plan of Biznet Residential Village, Virginia Beach, Virginia", prepared by MSA, PC, and dated 8/23/04. Said plan is on file in the City of Virginia Beach Planning Department. 2. The proposed buildings shall be constructed substantially in accordance with the submitted elevation titled "BIZ-NET VillAGE", dated 7/21/04. Said plan is on file in the City of Virginia Beach Planning Department. Before construction of the buildings the applicant shall submit to the Planning Director, or his designee, brick and paint samples proposed for the buildings. 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. VA BEACH COMMUNITY DEVT. CORPORATION Agenda Item # 23 Page 5 Supplemental Information ZoninQ Historv There is no zoning history to report for the parcel or the immediate surrounding area. UPDATE: On August 24,2004, the City Council approved a Conditional Change of Zoning on property to the west on the opposite side of West Neck Road for a residential development (Manchester Station). Public AQencv Comments Public Works I Master Transportation Plan (MTP): West Neck Road in front of the site is considered a \ Minor Arterial (suburban) roadway. It is currently a two- I lane undivided facilit . ' Traffic Calculations: Street Name Present Present Generated Traffic Volume Caoacitv Existing Land Use-'- West Neck 2.500 13,600 -0 Road ADT' ADT 1 Proposed Land Use 3 - 203 Average Oa,ly T"P5 'a5 defined by the wooded parcel 'as defined by the proposed faÖlily Public Utilities Water and sewer issues will be addressed during the detailed site plan review process. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for VA BEACH COMMUNITY DEV'T. CORPORATION Agenda Item # 23 Page 6 crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strate ies as the ertain to this site. Fire and Rescue: Fire Department concerns will be addressed during the Development Review Process and the Building Plans Review Process. VA BEACH COMMUNITY DEVT CORPORATION Agenda Item # 23 Page 7 Exhibits Exhibit A Site Location i.ii )11 VA BEACH COMMUNITY DEVT CORPORATION Agenda Item # 23 Page 8 -ÞC ~ '" ~ - , . .~ ~ ..... ~ >. ¡¡; Ili ~-5 .c:~õ t.~ H 5 CD ~5 c ~ {: ~ I~i'! '------- . ¡., ~H!¡ j ",.,n. ~~ ,n c;¿ ¡¡; ~qt d ~ š g, .'1' " 8 i ~I ~ V, .Ji : i I I ...... ---..; ,,",' '-- ~ ~ Exhibit Proposed SI PI. VA BEACH COMMUNITY DEV'T. CORPORATION Agenda Item # 23 Page 9 1= ,,~,----._-- I, ------'- ~ ,-1--- '1 '~ " I I 1 I, I' , i 1 ! Ii II 1\ Ii I 1 II Exhibit C Proposed Elevation I , I :1 'I " 'I: I' I' I: I I, I I I I VA BEACH COMMUNITY DEVT CORPORATION Agenda Item # 23 Page 10 Exhibit £: Proposed Fiool Plar - -- -------- -- / " - -' , f-~~=O~-E;r--~~~_T-'~-~~ )-!-'~- --,,-' -- -- --~ ; -t~ 'u>l ~l ~~~ J- ,- ;lJ~~ i¡~- r, '-~', 1 : /-'¡ ; ,I: ,: ( 0" . L,,~-" L~",=~} . ,. t~~~~-. ~~r; ~:ii [~ -~j~;." i A:~~n--:r: [", ';""bJ~-J::J'-'>,',-"":':'- h,oc'--->:'~"'Ç>~--'l '-~:~--11 i -, iý 'IcY-' ' -----rnL¡ /1; ¡:-' \ t-, -",-, n~~_l~",,~./ ~I ~! , :'1 ~n! --~~. Ì : " I, -, _C_J -',-"~ ,~, ,~] '. I' ,. í . ; ,.( :,": '=' -- ' """"..",". "-,""" -- ---' -------- ----------- ----- - - - ----- ----------------- VA BEACH COMMUNITY DEVT CORPORATION Agenda Item # 23 Page 11 Exhibit E - 1 Disclosure Statement NOI1VJIldclV lIMI3:d 3:Sf11VNOI1IGNOJ f- Z w ::E uJ f- « f- 1/1 W a: :J 1/1 ~ Ü 1/1 Õ ~ oc ¡o~ {;:, Q ': -- Q :ê ,: ~ " "' ~ ~ " "',' ~,+-~ ,; ~ '!: , ~n JH~¡i}~ I , I ~ , " ' ,~ , , IHi .. - , ,,~ " , '.' , ~~~ c; :: , " - <"C' - ,,', "'" -, ,';} ~ ~H: ë "", "Hi i ~ ,,' " ' " :- " '; ; -- -- g}~ i '~' ~n; (- ~,' " ¿ " NOIIV3IlddV lIWRad aSfllVNOIlIUNO3 -, ' '.. -- " -, ~n ~~~ , ~,; ~; , 0""" - ~: ~ ~ ~ ¡-f ' '~ En : .. VA BEACH COMMUNITY DEV'T. CORPORATION Agenda Item # 23 Page 12 "'\ z 0 ~ 0 :¡; o~ ,-,0 "ffi: ':oM ~1!d ~¡¡j: W~~ ~ ~:<. ~~; 0" , :"'~ g 8.~ '" ~ '-'= ~"' " z ~ '> " I : \\! g§:, 0 o." t;J:: :': ~ " ~ ~ z z - .. " u , , ~ . -. ¡;¡ :;; p ~ § , :~:l ~ H! ~~ < " ~ _.m. ., " :~:j:L~t 'e ., ~ II :.:.¡¡¡ ;1¡¡H:¡¡¡;h¡m!¡@~¡j¡¡; ,; .. ",. è- ~ I .. ~ 0 ~ ê ~ >-z Sg '" ~ ~ ;, I ~~ '; "0 c z" - ~ ¡¡ ~ z ~~ Pi ~; g g ~n§ ¡; c ::; .. :::" " 0 0 :0 , " ;: ~ ~ ; I ~ ~ ,,'" I ê ~ < ;Eo. .. " .. '" ::! c 5!~ "" . N I 0 Z < ,,~ ,,~ I ~~ ~ ~ ¡¡ ;; ~ ~ ~ ~ I : ~ 2 ~ ; ~ ~ ~ ~ g ~ " c. 0 "~ ~ 0 8 , , > p ,,~ s! ;; " " g ~ - J ; ~ 8 ~ - 0 j" c r ~~ g ~ ~ ~ ö !! ~ ~ 5 ~ ~ û5~ of ~o~ z;;c ~H 0 p ~ ~ 0 "' ~ ~ ~ " ~ ~~~ ~"~ ~~~ >h "~~ H~ ~5~ H ~ ~~ ~ z ~ , ., t H z g ~ ~ ~ ;; .. .. 0 ~ ~ ~ I ~ <- " " ~ 0 > ~ , , ~ c .. " 0 4 " "- ~ "8 ¡¡¡J¡! " ~ ¿ ~ .. ~ ~ ~ " " 0 L~ ,ji:; ~r~ 5g. z ~ ~ "'U Exhibit E - ~ DisclOSUrE Statemen' ~ c .~ . I = 1 ~ .. ö c ~ c > .. ~ ~ -. ~ ~ -- .. .. .. " , I ~ , I ~ -. I ; = g I '" > ~ l' , I ~ I ~ § 0 " i t, z 0 " c t I " ~ " ---., I I I " 0 ,-, i i ~ ö 3 .. e 0 > , 0 I r ~ .. " ~ . . 0 , g.~ :_~ ¡j§~ §~~ ;~;j~~ ." c ~d~. ~ 0 ." ž ,~ H~ ~:'" ~ ., ~ .. .. .. . > ., 6 ~ ~ 0 .. g ~&~ ~:~ ~ ~d .. z 0 ~ ~ " ~ ~ i~~ . > . ~ " ~ " , f ~ ~ ~ ~ ~ Q VA BEACH COMMUNITY DEVT. CORPORATION Agenda Item # 23 Page 13 Exhibit E - 3 Disclosure Statement ..0. !!J.;hment 2 Bta.;h Pmpenies, [n~, IS a wholly Oll'i\crl '~lIbsidi"ry of \"BCDC [t wa~ ~ptcit".:,,!," CT'e~!ed to be the :Vlanagmg General PMInCr of Cit),..,'jcic ¡ [orne, :011 I LP Citywide Home, 2001 LP was created to provide a Federal Low Income He'using Tax C, ".Ii; Projccr. Beach Properties. IDc has a .001 % imen;st in Cit\widc Homes 2001 LP, VA BEACH COMMUNITY DEVT CORPORATION Agenda Item # 23 Page 14 - 45 - Item lli-K.1.h. PUBUC lŒARlNG "EM 41 17655 PLANNING Attorney Ed Bourdon, Pembroke One, Fifth Flocr, Phone: 499-8971, represented the applicant Upon motiOfl by COWIcilmøn De4n, seconded by nce Mayor Sessoms, City CQlUlcii ADOPTED 1M. Ordinance IIpOn applicotiOft of HAROLD DEAN FLORA., SR. AND M4RY EUEN FLORA for a Corrtlitional Change of Zoning District ClassificatÜJII: ORDiNANCE UPON APPUCATION OF HAROLD DEAN FLORA, SR.. AND MARY ELLEN FLORA FOR A CONDmONAL CHANGE OF ZONiNG DISTRICT CLASSIFICATION ZOl941410 BE IT HEREBY ORDAiNED BY THE COUNCIL OF THE CFIY OF VIRGINIA BEACH. JlTRGINlA OrdintlllJ:e IIp(HI application of Harold Dean Flora, Sr., and Mary Ellen Flora for a Conditional CÑJnge of Zoning District Classification from AG-2 AgriaJturrll District to B-2 Community Buainess District on the nortJrwest side of General Booth Boulevørd, sollthwest of Culver LAne. Vie proposed œning classificlltiorz chllnge to B-2 is foT general cOttllfW:rcial ù1.Iul use. The Comprehensive Plan rewmmends use of this pIlrcel for bvsinesslreseørch center in accordance with other Plan policks. Said parcel is located at 1941 General Booth Jjq¡¡levørd and contains 21,600 squore feet. PRINCESS ANNE BOROUGH. 77te following condition shaJ1 ~ required: 1. An agreeme..t e/lco1flJlØSSing proffers sha/ll>e recorded with the Clerk of the Circwit C{JIUrt. 1ñe OrdÎNllICe sItall ~ effectiw in accordance with Section 107 if) of the Zoning Ordifl4/fCe. Adoptal by the Council o/the City of VirginÍlz Be4ch, Virginia, on the Twentv-fifth of JiUlWlry Nineteen HU1tdred mtd Nin#:fY-Fmu. Voting: 10-0 Council Members Voting Aye: Jolul A. &lIIII, Linwood O. Bruch, Ill, James W. Brazier, Jr., Robert W. Clybwn, Robert K. lJeDn, Louis R. Jones. Pa,Û J. lAn/eigne, Mayor Meyera E. Obemdorf. N4Ircy K. Parker ØIId '/lice Mayor Willialn D. ~._-- r- Zoninq History Map K-1I Dr. liances ",p"Jv' " "co" ~ r Cnnd;rioual 1-1 , . ' , ,". --, ' " "/þ 0 ~ C1~~~ ~2> ",,;--;>~,~~/ <t~;~~)i , 1 coB~r;2"aI4 .~" ~{/;>$S¡/!\f:{jf¡{ G - /~ >< - ~ --,~ i/ :Ý~:1~5i,,<h þ' 2<&/ ,:~ð5>:>2 ~:~ " "ff!~;:= ô/~;' ~',/;i?,:;~"~,~<>,/~~~.!R:~;,W£ conš~i~~,>?~~:>.~~,/~~~,!Zt,P~," i~j, ° !if--:,f;,~ ~ °l/-/(J?/ -':', :;';'~-'~':"':'</';, ~~ ,,'~ ,í-..-: o<;",~//_"'-<' ,"~';'!', /<:j',!,',j,~'ço;¡ß¿-" :"?é,"'-,,/,'-'l,,,/;¡ -;'. \"". /i'~i'.."U!i--V----(::;./"""'-'J ° ~/, !/ ' &im ' , ! ~'~ (J\;¡~IÖ? '- ,'-<;V~'/ . <;;;;" - 6J/_:=~<, /~ ~:,;«'>~:~G»~e~::,¡,:ti¿;¡ -"()L\}f!r:,1T!O\,(JF:n',,)fI1,),~, ~/ 0<' ~ !#IDATE ¡REQUEST 1 03127/89 Conditional Rezoning from AG-2 to H-1, B-2, A- 24,1-1 & 0-2 Conditional Rezoning from AG-2 to 1-1 & B-2 Conditional Rezoning from AG-2 to B-2 Modification of Conditions Conditional Rezoning from AG-2 to B-2 I ACTION 2 08/14/89 3 01/25/94 4 11/22/94 5 11/25/97 Withdrawn Granted Granted Withdrawn Granted ~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Dr. Johnny's Appliances - Modification of Conditions MEETING DATE: September 14, 2004 . Background: An Ordinance upon Application of Dr. Johnny's Appliances for a Modification of Conditions for a request approved by City Council on January 25. 1994 (Harold Dean Flora. Sr. & Mary Ellen Flora). Property is located at 1941 General Booth Boulevard (GPIN 24152048380000). DISTRICT 7 - PRINCESS ANNE . Considerations: The Conditional Change of Zoning from AG-2 Agricultural District to Conditional B-2 Community Business District was approved by the City Council on January 25, 1994 with nine (9) proffers. The applicant is requesting a modification to Condition #7, which requires the freestanding sign to be externally illuminated with lighting positioned at ground level. The applicant desires to modify the condition to allow an internally illuminated sign rather than a ground-lit sign. The applicant has applied for a sign permit, and a new sign has been installed with the condition that it would not be lit without City Council's approval of this Modification of Proffers for an internally lit sign. The new sign would be compatible with signs located along General Booth Boulevard that are both internally and externally lit. The Virginia Beach Development Authority representing the Corporate Landing Business Park adjacent to this property has provided a letter in support of an "aesthetically constructed monument sign with internal lighting". The Planning Commission placed this item on the consent agenda because the internally lit sign will be compatible with existing signs along General Booth Boulevard. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request as proffered. Dr Johnny's Appliances Page 2 of 2 . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen+- City Manager: ~~ )c .~ d't. r.~&5,îiA'8i:~;;", ;;-1,' t',;:: ~, \~~.~» K11-210-MOD-2004 DR, JOHNNY'S APPLIANCES Agenda Item # 13 August 11, 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 Modification of Conditions to the Conditional Change of Zoning from AG-2 Agricultural District to Conditional B-2 Community Business District approved by City Council on January 25,1994. Property located on 1941 General Booth Boulevard Road, .,'" K" -'0 ", ',' ..,. Dr. ohnn 's A liances , '-it~~""~'/'~,Q,' . c"'~1 .~,b l)'<~£~"~f/ß~;~j'1' : '73:2'" ~"ó;;-~¿;;~AØ, :~~ ~~:~'"o""';~:,~i <:; ,Ii!"; '~';.A:ì .',.. :'ê-i~---' ~,-,>,~ '()":"¡j:>,~~~.tar"'i;GJ/,_r;;~ ,.~,....r,,<j;?:~,",":-:(;-,~<,'{',7),"",:'(,~ :(,-%,,°,' d,!J,:'~~,' , 8,'"'t"Ç,,'~,WÒ,<~'.'.",<;;;,~". '~~, ~,ft5-5 " ;A' ~~;;""~~~',;"\i:~ '<:O~"Q<;4 ,,'\¡; d»r1iW ¡:~i1Î'. ~."':1l'::,-w """',' ,'--",i/.,'"""'J"\'<""',,,,'~¿; .'."I';o;:;j ì c.,."""., ]-1 ~' . r" W:)-,' I~,;:'" '<6' ," 24152048380000 7 - PRINCESS ANNE DR. JOHNNY'S APPLIANCES Agenda Item # 13 Page 1 SITE SIZE: 0.704 acres EXISTING LAND USE: Residential building used for sales, service and parts for appliances East: . Corporate Landing Office Development I B-2 Community Business District . Across General Booth Boulevard is Ocean Lakes. a single-family residential neighborhood I R-1 0 Residential District . Corporate Landing Office Development I B-2 Community Business District . Corporate Landing Office Development I B-2 Community Business District SURROUNDING North: LAND USE AND ZONING: South: West: NATURAL RESOURCE AND CULTURAL FEATURES: There is an existing building and parking on the site. AICUZ: The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana Summary of Proposal The Conditional Change of Zoning from AG-2 Agricultural District to Conditional B-2 Community Business District was approved by the City Council on January 25. 1994. The Conditional Rezoning has nine (9) proffers: 1) The GRANTOR covenants and agrees to use Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site and in keeping with the recommendations of the Southern Watershed Management Ordinance. 2) The GRANTOR covenants and agrees to submit a detailed tree protection plan at the time of the site plan submittal. DR. JOHNNY'S APPLIANCES Agenda Item # 13 Page 2 3) Any building constructed on the premises will adhere to the following requirements: Minimum setback from General Booth Boulevard - 35 feet; Minimum setback from side property lines - 15 feet; Minimum setback from rear property line - 15 feet; Maximum floor area ratio - 1.8; Maximum building and paved area coverage - 88%; Maximum height - 35 feet. 4) Continuous evergreen and lor low berm screening shall be provided along any side of a parking lot that abuts General Booth Boulevard. Berms and landscape screening shall be employed to screen any loading areas. Exterior storage will not be permitted. 5) The use of fencing on the property, other than for required screening of trash or equipment, is not permitted. 6) Lighting shall adhere to the design criteria currently on file with the City Clerk, for commercial areas within the adjacent Corporate Landing Development. 7) Freestanding signage shall be of a monument style and externally illuminated with lighting positioned at ground level and designed to avoid glare onto adjacent properties. 8) Exterior building material shall primarily be either glass, stone faced block, pre- cast concrete stucco. The exterior surfaces shall be in an earth tone color with any trademark colors limited to accents and signage. 9) The following uses shall be the only uses permitted on the premises. Those uses requiring a conditional use permit from City Council shall continue to be required to obtain said conditional use permit, and City Council by accepting this proffer does not grant the right to place any conditional uses within the property. a) Bakeries, confectionaries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on the premises. b) Business studios, offices, and clinics. c) Child care and child care education centers. d) Drugstores, beauty shops and barbershops. e) Eating and drinking establishments without drive-through windows. f) Financial institutions. g) Florists, gift shops and stationary stores. h) Service and repair services for business machines assign shops and other small service businesses. i) Grocery stores. carryout food stores and convenience stores in a structure with a gross floor area of less than five thousand (5,000) square feet. j) Laboratories and establishments for the production and repair of eyeglasses, hearing aids and prosthetic devices. . k) Laundry and dry cleaning agencies. I) Medical and dental offices. m) Museums and art galleries. n) Job and commercial printing. 0) Personal service establishments, other than those listed separately. DR. JOHNNY'S APPLIANCES Agenda Item # 13 Page 3 p) Public utilities installations and substations, including offices. q) Repair and sales for radio and television and other household appliances. r) Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms. s) Veterinary establishments and commercial kennels, provided that all animals shall be kept in soundproof air-conditioned buildings. t) Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance, The applicant is requesting a modification to Condition #7, which requires the freestanding sign to be externally illuminated with lighting positioned at ground level. The applicant desires to modify the condition to allow an internally illuminated sign rather than a ground-lit sign. The applicant has already applied for a sign permit, and a new sign has been installed with the condition that it would not be lit without approval by City Council for an internally lit sign. The new sign location is depicted within the stormwater management facility (SWMF). The 75 square feet of landscaping required by the Zoning Ordinance to be planted with the sign will be located in an area agreed upon by Staff and the owner once installation of the stormwater management facility and the sign is completed. Major Issues The following represent the significant issue identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which this issue is adequately addressed. . Compatibility with the Primary Residential Area along the General Booth Boulevard corridor and the Corporate Landing Business Park developed by the Virginia Beach Development Authority (VBDA). DR. JOHNNY'S APPLIANCES Agenda Item # 13 Page 4 Comprehensive Plan The Comprehensive Plan recognizes this site to be within the Primary Residential Area's Site 4 South, General Booth Boulevard Corridor. 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," (§1 07(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 Paragraph 7, Page 3 of the Original Proffers are hereby amended in its entirety and replaced with the following language: "Free-standing signage shall be of a monument style with internally illuminated lighting." PROFFER # 2 The remaining conditions and covenants of the Original Proffers remain unchanged and are incorporated herein and made a part hereof. PROFFER # 3 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 requested change, as discussed below in the Proffers: Evaluation Section, is acceptable. DR. JOHNNY'S APPLIANCES Agenda Item # 13 Page 5 City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated July 26, 2004, and found it to be legally sufficient and in acceptable legal form, Staff Evaluation Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses the 'Major Issue' identified above. This applicant intends to upgrade his existing sign with a new internally lit sign. The new sign would be compatible with signs located along General Booth Boulevard that are both internally and externally lit. The Virginia Beach Development Authority representing the Corporate Landing Business Park adjacent to this property has provided a letter in support of an "aesthetically constructed monument sign with internal lighting". Staff, therefore, recommends approval of this request as proffered. NOTE: Further conditions may be required during the administration of applicable Cit Ordinances. DR. JOHNNY'S APPLIANCES Agenda Item # 13 Page 6 Supplemental Information Zonina History Map J(-ZZ ~'o 'c', ',0 ~oele Dr. liances ~ N j Cnndiri"""l I-I "" ",> '" c' ,,/, Cond;ri:¿"~i--~ ~\.. / .' J B - Z\\:,~::~ ; :i\, /) ~-~, ' J!~"di' '3~o , ~~':?Ð~":G: ,e, /' <;> <) .,' / " ;1;)" ",' , \ ~v~ ",/:~'f/"'~.~ I/~/ ~',) /,//'/¿?,< 'i;þ" --¡%<7:o:; . CnndUional ¿ ", "', ',":';"':', ./X ,ç,,~,J,,'ò,^~, 0:",<,"',',',1' 8-2 ' ~/;;/#<J5."~ ",~-;1G- 1 4, ~,'){;:>,'.':~~i/ ~~, ~'5':"J ¡,;' 2 '/'.di./,/ ...... ~ : jo </~'\,(. Y";"ÞG ./ ~/'Rtib', r 1': ',¡-' '-, Sol ',,-'0, l~eß:...2\ð;~, ¿~, ~,~ ~'~191'~<~; "i't-~' ,p~ ,-¡}~ /' ~o t- ~(] '$,.J.~ Candirional 9,f.~~;',/',~,>".<.~<J;¡\if-.l:.¿"ò- I.":~" . ,!,f:r--~~j,~~,- B-I'I<2:1.W' ,"*., "'!' -iÞ,~-'" !~o:- ,-"-Ii; [~ -r, <I',::-;y," "'""'/' /~~'/~/"r'/" ',' ,f¡~-" 'CJ", " <G, é," \ <Ø, / ~'<:;5, ','<'5/yi,D,' ,tf) '--,/~ , ,'Q),:, '",4' a\nl iÐ2~.l"-"",'-'<",~' .//~{-, OJ)Cç", E(fì . ,/"/~~~,~" ',~: /j)~.:,<:v" ,,~<:I , ./ (,.;,/' q ,/~~'::-"./' C).'. -..:::::' /(:) // f'i'5f <P- " , :~ ^A()!J"ICAJlON\ OF CO'l!JIJ/O^,', ~' -< ~,:" ~ I, I", j" ~~ ~ '~)~)' \"" I#IDATE I REQUEST 1 03/27/89 Conditional Rezoning from AG-2 to H-1, B-2, A-24, 1-1 & 0-2 Conditional Rezoning from AG-2 to 1-1 & B-2 Conditional Rezoning from AG-2 to B-2 Modification of Conditions Conditional Rezoning from AG-2 to B-2 I ACTION 2 08/14/89 3 01/25/94 4 11/22/94 5 11/25/97 Withdrawn Granted Granted Withdrawn Granted DR JOHNNY'S APPLIANCES Agenda Item # 13 Page 7 .( Exhibits Exhibit A Aerial of Site Location DR. JOHNNY'S APPLIANCES Agenda Item # 13 Page 8 Exhibit Proposl Site PI; r ~ I \L HAND;CAPPED SIGN . 8' PTWOOD RECYCLING ENCLOSURE ~ . k (: " r--, ,. .. .ì ( ,~-,: 2-SIORY nln" , ., ~ ll-.. --: ,f- ,- -~. I"" I-SIORY BRICK \1 I, I ' il ..,. '~ \ q \.! '. SWM ,.', __'ct;;1 '?~ \,;" '~-.¡i? - \¡4, v .F. .. 2Q~O £;;,,~ (1/.8. i'6ð. pp. 16) ¡-- ~ ,.'-', 11 I . . 5IDÐ¥A' - .. '%6~ - ~---, § ~ ----" . ~ ~ \ ~ ~ & \\~ -. ~w ~i3 ~'~~~ ~"a: '" I ~'I W "::." "'> .... .. 3:0 @-; ~Gi I ~ :óo:L .. ~ ii: - ---Ie ..;--o-_.~- - - -- ;:.--- Boor H !yþR~8LE Wfr)iH RI!J8, :JM.B. '66. PG. -1¡8i'.: SIGN LOCATION PLAN FOR DR. JOHNNY'S DR. JOHNNY'S APPLIANCES Agenda Item # 13 Page 9 Exhibit C Proposed Sign Elevation .,;,', 'i' FÒ)"~" (~..;, " :0", 0' ., ',0 '.. 48" eo" ^- . ^ 36" 24" 36" ~"" ~ DR. JOHNNY'S APPLIANCES Agenda Item # 13 Page 10 Exhibit D Existing Sign Photograph ..~ DR. JOHNNY'S APPLIANCES Agenda Item # 13 Page 11 I- Z w ::;: W I- < I- '" W a: :J U\ 0 ....1 () '" õ .. , . , ; i ",;;" H~£ ~n~ '" ~, ' is:;, ~=E~ ~ ( ,~ 0 ,~ è §;-H Do -.. "~~~ , 'õ ~ ; ; " , ' ; ,; . Hi ; ~~ H~ ni~ llil Eël1: c , , ' . .- . , H~t " , . - -£.~o-..~. ¡Pi ~,n¡ Hi~ : ,,"0 .. ::? :: ~ - . , . 'C"-: .' c . - .. NOI1VJndclV SNOI1IUNO3 dO NOI1V3ItlIGOW I- Z lJJ ::;: lJJ I- ..: I- m w a: :J ( U\ 0 ...I U U\ Õ . .-.' - . ., ~., '"0 0 , ". HH ~de :;::, ~l dE H ~~ ¡¡": ~ ; 0 - . , 5- f[ iE ~~ ~- n -.. , , ", - - '- > ~ , . - ,. - . - ;~t; .-':~~i- ~~~~~~':':;;" "",.,éc-c:"", <HnnnH~ c z j¡! ~ ': ¡¡¡~z ~' iB~ ~ ; ~ c ~<;<o '.. , , . , . - ~ - Exhibit E Disclosure Statement ~ " - - " " ~. õ: ~. ~i ; '. .. - DR JOHNNY'S APPLIANCES Agenda Item # 13 Page 12 Item #13 Dr. Johnny's Appliances Modification of Conditions 1941 General Booth Boulevard District 7 Princess Anne August 11,2004 CONSENT William Din: My next item is Item #13. This is Dr. Johnny's Appliances. This is application of Dr. Johnny's Appliances for a Modification of Conditions for a request approved by City Council on January 25,1994. The property is located at 1941 General Booth Boulevard in the Princess Anne District. There are no conditions but nine (9) proffers. John Clifton: My name is John Clifton and I own the property and the business. I agree with whatever is there. William Din: Thank you very much. Is there any opposition to placing this on consent? Seeing none, Mr. Knight will be commenting. Barry Knight: This applicant intends to upgrade his existing sign with a new internally lit sign. The new sign will be compatible with the signs located along General Booth Boulevard. They're both internally and eternally 1it. So you can see with what he wants to replace it with. We certainly don't have a prob1em with it so we placed it on consent agenda. William Din: Thank you Barry. I'd like to make a motion to approve Item #13, an application for a Modification of Conditions on property located at 1941 Genera1 Booth Boulevard in the Princess Anne District with 9 proffers. Dorothy Wood: Thank you sir. Do I have a second? Mr. Knight seconded it. ANDERSON CRABTREE DIN HORSLEY KA TSIAS KNIGHT MILLER RIPLEY STRANGE WALLER AYE 11 NAY 0 ABSO ABSENT 0 AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE Item #13 Dr. Johnny's Appliances Page 2 WOOD AYE Ed Weeden: Bya vote of ] ¡ -0, the consent item has been approved by the Board. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5945 DATE: August 25, 2004 TO: Leslie L. Lilley William M. Macali (ÅÂ- DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application Clifton Ventures, Inc. tla Dr. Johnny's Appliances The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 14, 2004. I have reviewed the subject proffer agreement, dated July 26, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel tree to call me if you have any questions or wish to discuss this matter further. WMM/nlb Enclosure cc: Kathleen Hassen CLIFTON VENTURES, INC., a Virginia corporation ("Applicant") AND JOHN L. CLIFTON and THOMASA A. CLIFTON ("Owners") TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS MODIFICA nON AGREEMENT is made this d..IJ!!.. day of ~' 2004, by and between CLIFTON VENTURES INC., a Virginia corporation, tla Dr. Johnny's Appliances (" Applicant"). for recording purposes Grantor; and JOHN L. CLIFTON and THOMASA A. CLIFTON ("Owners.), for recording purposes Grantors; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("City"), Grantee. WITNESSETH: WHEREAS, John L. Clifton and Thomasa A. Clifton are the owners of a certain parcel of property located in the City of Virginia Beach, Virginia, as more particularly described on Exhibit" A" attached hereto and incorporated herein by this reference ("Property"); and WHEREAS, the Owners are the sole shareholder, board of directors and officers of the Applicant which conducts and operates its business at the Property; and WHEREAS, the Applicant and Owners have filed a Modification of Conditions Application addressed to the City so as to modify certain proffered covenants, restrictions and conditions dated December 22, 1993 recorded in Clerk's Office for the City of Virginia Beach, Virginia in Deed Book 3340 at page 0824 ("Original Proffers") filed in connection with a Conditional Change of Zoning District Classification of B-2 Business District filed by the previous owners of the Property; and WHEREAS, the City's policy is to provide only for the orderly development of land for GPIN: 24152048380000 Prepared by Wolcott Rivers P.C. various purposes through zoning and other land development legislation; and WHEREAS, the Applicant and Owners acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Applicant's use of the Property is zoned: and WHEREAS, the Applicant and Owners have voluntarily filed a Modification to the Original Proffers, in writing, in advance of and prior to the public hearing before the City, NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the City or its governing body and without any element of compulsion or .Q.U.jsl Rm !W.Q for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following modification to the Original Proffers which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this modification to the Original Proffers shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: , . Paragraph 7, Page 3 of the Original Proffers are hereby amended in its entirety and replaced with the following language: "Free-standing signage shall be of a monument style with internally illuminated lighting." 2. The remaining conditions and covenants of the Original Proffers remain -2- unchanged and are incorporated herein and made a part hereof. 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. The above conditions, having been proffered by the GRANTOR and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE. after a public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The GRANTOR covenants and agrees that: 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any -3- noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions. including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTOR and the GRANTEE. WITNESS the following signatures and seals: GRANTOR: CLIFTON VENTURES, INC. A Virginia corporation ~ 7: d/L - i1'-tl~./ John L. Clifton. President -4- GRANTORS: ~ r d/L ~. L. CI,Oo, ... L6-Ck~ Thomasa A. Clifton STATE OF VIRGINIA CITY OF VIRGINIA BEACH The foregoing instrument was acknowledged before me this d.(..:!!. day of-:J" Ju , 2004, by John L. Clifton, President of Clifton Ventures, Inc.. a Virginia corporation. ~ ./'k"; '7f ~~ > Nota Public My commission expires: .3--3) ~ (1 S- STATE OF VIRGINIA CITY OF VIRGINIA BEACH The foregoing instrument was acknowledged before me this ~ day of~, 2004, by John L. Clifton and Thomasa A. Clifton. ;/j,. . ~ . ( ~ - "'1_.J -- Notary blic My commission expires: J~ "fl.('<" L:lwplDMBICliflon Venture.,SIgn perrnitlModiflcation of Proffers (revised 0722041.wpd -5- Exhibit "A" PARCEL I: ALL THAT certain lot, piece or parcel of land, lying, situate and being in Princess Anne borough in the City of Virginia Beach, State of Virginia, known and designated as "A" on plat entitled "SUBDIVISION OF PART OF FARM NO.1, PLAT OF L.L. WINDER PROPERTY, Princess Anne Borough, Virginia Beach, Va., for William H. & Rosa H. Smith, Scale 1"=50', Oct., 1966, C. A. Bamforth, C.L.S., Virginia Beach, Va.", which plat is of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 71, at page 7, reference to said plat being hereby made for a more particular description of said property. LESS AND EXCEPT that portion of land take by the City of Virginia Beach, Virginia as evidenced by the Certificate of Taking recorded in Deed Book 2261, at page 33, and by Order recorded in Deed Book 2313, at page 1450, which portion of land is further described and shown in State Highway Plat Book 166, at page 16. PARCEL II: ALL 'fHAT certain lot, piece or parcel of land lying, situate and being in the City of Virginia Beach, Vir9inia, and being more particularly described as follows: BEGINNING at a pin where the southerly line of Parcel A-1 intersects General Booth Boulevard, as shown on that certain plat entitled: .PARCEL A-1 BEING A RESUBDIVISION OF PROPERTY OF JOHN L. CLIFTON AND THOMASA A. CLIFTON AS DESCRIBED IN DEED BOOK 4122,AT PAGE 1767 AND PARCEL 3-A-3 CORPORATE LANDING AS SHOWN IN MAP BOOK 304 AT PAGES 34 THROUGH 36 FOR THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH, VIRGINIA', which is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200304140057260 thence N 42° 17'14" W, a distance of 31.57' feetto a pin; thence N 42° 17'14" W, a distance of 143.43; to a point which is the true point of beginning, thence N 42° 17'14" W, 60.98' to a pin; thence N 47° 42'46" W, 150.00 feet to a pin; thence S 42°17;14" E. 60.98 feet to a point; thenceS 47°42'46" W, 150.00 feet to the point of beginning. "'..""""O;ft"" Von"""\Si", ,-."Oft"" '..,L", J""",_(11o"""') -4f}- It"n V-I 20 PUBUC HEAJlING ITEM /l4I/U2 PLANNING BY CONSENT Upon motit»! by C"".cilmø. Brønch, secønded by COfJ""iI Lødy Slrøyhorn, City C"".cil ADOPTED ø. Orlll""'<11 IIpOlI "Pplicøtion of ELECTRONIC SYSTEMS, INC., for ø CJ.m~ or 7.",¡.. District Cú...ir;..ti"". ORDINANCE UPONAPPUCATION OF ELECIRONIC SYSTEMs, lNe. FOR A CHANGE OF ZONING DIS11/ICT CLASSIFICATION FROM 0- 2 TO I-I ZO7962495 BE IT HEREBY ORDAINED BY THE COUNGL OF THE CITY OF VIRGINIA. BEACH, VIRGINIA. OrdÌllØllce IIpOlI øpplication of Electronic Systems, I.c. for a Cho.ge of Zoning District CÚl$Sifiaz/ÎOn from 0- 2 Office Distrid to Conditionøl I- I Ughl Industrial District on the south side of Expressway Drive, 385 feet more or less SOUl!ooøst of the etlSt.,nmost right-of-way line of SouJiJport Circle. The proposed zoning clossi{icøtion cho.ge to I-lis for light inœ.striøl Úlnd us.. The Comprelwuiv. PIG, recommends us. of this pørcel for office in øccordø.ce with other plø. pOlicies. Stow pørcel co""'... 5.67 </Cres. KEMSPVILLE BOROUGH. The followi.g condition shall be required: 1. An agre...e.t ",",o_sing proffers shall be recorded with the Clerk of the Circuit C""rt ø.d is hereby ....de ø part of the record. This Ordinø.ce shøll be effective i. </Ccordø.ce with Sectio. 107 If} of the Zo.ing Ordi"".c.. Adopted by the COIUICiI of the City of Virgin.. Beøch, VirginiJz, on the Ninth of Jalv Ni...... Handred and Ninetv-Si:L Voting: 9-0 (By COIUenl) C_cil Members Voting Aye: Jolm A. &lam, Linwood O. Brø.ch, Ill, Hørold He¡scllober, &lrbøra M. Henley, Louis R. Jo.... Rebø S. McCIaJtøn, Nøncy K Parker, Vice Mayor William D. Sessoms, Jr. ønd LOtJisa M. Slrøyhorn C"".cil Members Voti.g Nay: None eo..cil Members Absent: Mayor Meyerø E. Obemdørf and Willia.. W. Hørrison, Jr. Jaiy 9, 1996 Zonina History " 10-29- 91 2-13-89 I REQUEST Rezoning (0-2 Office to Conditional 1-1 Industrial) Conditional Use Permit (Automotive Gas Station and Convenience Store) Conditional Use Permit (Gas Pumps and Convenience Store) Conditional Use Permit (Gas Pumps and Convenience Store) Subdivision Variance and Rezoning (0-2 Office to 0-1 Office) I ACTION Approved Approved 1# I DATE 1, 7-9-96 2, 11-8-94 Denied Denied 3, 8-8-95 Approved ~~) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ESI Properties II, LLC. & Kamarek Property II, LL.C. - Modification of Conditions MEETING DATE: September 14, 2004 . Background: An Ordinance upon Application of ESI Properties II, L.L.C. and Kamarek Property II, L.L.C. for a Modification of Conditions for a Change of Zoning District Classification approved by City Council on July 9, 1996 (Electronic Systems, Inc.). Property is located on the southwest side of Expressway Drive, approximately 270 feet northwest of Edwin Drive (GPINS 14776062640000; 14766956570000). DISTRICT 3 - ROSE HALL . Considerations: On July 9, 1996, the City Council approved a Conditional Rezoning from 0-2 Office District to 1-1 Light Industrial District. The Conditional Rezoning has three proffers. The current request consists of a modification of Proffer One of the existing proffer agreement. Proffer One requires the site to be developed in accordance with the submitted site plan entitled "ESI Business Center", dated March 25,1996. The 1996 site plan depicts three buildings, each two story in height. Buildings One and Three were to be 30,000 square feet in area, and Building Two was to be 24,000 square feet in area. This would allow a total of 84,000 square feet of office I warehouse space. The applicant wishes to modify the site plan to allow a total of four buildings. Building One was constructed in 1998. Building Two will now be 16,200 square feet, Building Three will be 10,000 square feet, and Building Four will be 16, 000 square feet. This would allow a total of 74,580 square feet, resultinQ in a reduction of 9,420 square feet of office I warehouse space. Since the Rezoning in 1997, the applicant has also purchased an additional parcel with frontage on Edwin Drive. This parcel will provide access to the project, and will also be used for the stormwater management facility. The proposed modification is consistent with the recommendations of the Comprehensive Plan for the area. The immediate area is developed with office and warehouse type uses, and the proposed uses within the project will complement the area. The Planning Commission placed this item on the consent agenda because the revised site plan is an improvement over the one previously approved, Staff ESI Properties II, L.L.C. & Kamerek Property II, L.L.C. Page 2 of 2 recommended approval, and the request is consistent with the Comprehensive Plan. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 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: Planning Department~~ City Manager:~ 't-~b-<"'t. ,,'¿\~i;'Bt,i;" ';.':'.~"T."tì' jfC- ~ .)~ " :~~::.~~~~:.~~~?-f EO8-210-MOD-2004 ESI PROPERTIES II, LLC & KAMEREK PROPERTY II LLC Agenda Item # 2 August 11, 2004 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL -. -~~.~.. Location and General Information Modification of Proffers from the Conditional Change of Zoning from 0-2 Office District to Conditional 1-1 Light Industrial granted by the City Council on July 9,1996 Property located on the southwest side of Expressway Drive, approximately 270-feet northwest of Edwin Drive 1477606264; 1476695657 ESI-KAMAREK Agenda Item # 2 Page 1 ELECTION DISTRICT: 3 - ROSE HALL SITE SIZE: 3.33 acres EXISTING LAND USE: An office building housing Electronic Systems, Inc. South: East: West: . Expressway Drive . Across Expressway Drive is an office building I 0-2 Office District . Office uses I 0-2 Office District . Office uses I 0-2 Office District . Office I warehouses and mini-storage 11-1 Light Industrial SURROUNDING North: LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: The proposed site is undeveloped. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposal On July 9, 1996, the City Council approved a Conditional Rezoning from 0-2 Office District to 1-1 Light Industrial District. The Conditional Rezoning has three proffers: 1. The site plan submitted by the Grantor to the Department of Planning with this Agreement and entitled "ESI Business Center", dated March 25.1996. (the "Site Plan") is incorporated herein by reference and forms a part of this Agreement. 2. Landscaping on the southeastern and southwestern sides of the Property shall utilize plant materials designated for Category I screening and shall be situated in a variable width planting bed as shown on the Site Plan. 3. The Property shall only be used for the following uses: ESI-KAMAREK Agenda Item # 2 Page 2 a. Automotive rental, parts and supply store, provided that no outside storage is included (excluding operative equipment). No truck rental shall be permitted. b. Business, medical, financial, nonprofit, professional and similar office buildings. c. Childcare and child care education center, provided a Conditional Use Permit is obtained. d. Commercial parking lots. e. Establishments such as linen suppliers, communication services and canteen services. f. Assembly, packaging, or fabricating establishments; provided that all of the foregoing is accomplished within a building and provided that the following uses shall not be allowed: i. Explosive manufacturing, storage and distribution; ii. Petroleum processing; iii. Processing or storage of salvage, scrap, or junk. g. Motion picture studios. h. Printing, lithographic or publishing establishments. i. Public buildings and grounds. j. Public schools, colleges, and universities, and private schools, colleges and universities having similar academic curriculums, provided a Conditional Use Permit is obtained. k. Radio or television transmission, cellular telephone antenna and relay stations, provided a Conditional Use Permit is obtained. , Recreational facilities other than those of an outdoor nature. m. Repair establishments; provided that no outside storage is included (excluding mobile operative equipment). No automotive or heavy equipment repair shall be permitted. n. Satellite wagering facility, provided a Conditional Use Permit is obtained. o. Vocational, technical, industrial and trade schools, provided that no outdoor activities are included. p. Wholesaling, warehousing, storage or distribution establishments, provided that no tractor-trailer type vehicles shall be permitted to remain on the site for more than twenty-four hours. The current request consists of a modification of Proffer One of the existing proffer agreement. Proffer One requires the site to be developed in accordance with the submitted site plan entitled "ESI Business Center", dated March 25,1996. The 1996 site plan depicts three buildings, each two story in height. Buildings One and Three are to be 30,000 square feet in area, and Building Two is to be 24,000 square feet in area. This would aI/ow a total of 84,000 square feet of office I warehouse space. The applicant wishes to modify the site plan to allow a total of four buildings. Building One ESI-KAMAREK Agenda Item # 2 Page 3 was constructed in 1998. Building Two will now be 16,200 square feet, Building Three will be 10,000 square feet, and Building Four will be 16, 000 square feet. This would allow a total of 74,580 square feet, resulting in a reduction of 9,420 square feet of office I warehouse space. Since the Rezoning in 1997, the applicant has also purchased an additional parcel with frontage on Edwin Drive. This parcel will provide access to the project, and will also be used for the stormwater management facility. 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. . Continued compatibility with the surrounding uses. Comprehensive Plan The Comprehensive Plan Map depicts 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. The established type, size, and relationship of land use, both residential and nonresidential, in and around these neighborhoods should serve as a guide when considering future development. ESI-KAMAREK Agenda Item # 2 Page 4 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," (§1 07(h)(1 i). 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 PROFFER # 2 Proffer 1 is hereby amended to read: The revised site plan submitted to the Department of Planning herewith and entitled "Conceptual Site Layout & Landscape Plan of Edwin Professional Park, Edwin Drive, Virginia Beach, VA" dated 3/24/04 (the "Site Plan") is incorporated herein by reference and forms a part of this Agreement. All of the terms, covenants and conditions set forth in the Agreement to Covenants and Restrictions dated May 15, 1996 and recorded in the Clerk's Office Deed Book 3636, at page 1637, save and except Proffer A, as specifically amended and modified herein, shall remain in full force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through GRANTOR, its assigns, tenants and other successors in interest or title. Staff Evaluation of The proffers are acceptable. The modification of Proffer Proffers: One allows the construction of one additional building yet decreases the overall building area by 9,420 square feet. All other proffers remain in place. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated July 22, 2004, and found it to be legally sufficient and in acceptable legal form. ESI-KAMAREK Agenda Item # 2 Page 5 Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials and proffers, adequately addresses each of the 'Major Issues' identified above The proposed modification is consistent with the recommendations of the Comprehensive Plan for the area. The immediate area is developed with office and warehouse type uses, and the proposed uses within the project will complement the area. Staff, therefore, recommends approval of this request. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application require revision during detailed site Dlan review to meet all apDlicable City Codes. ESI-KAMAREK Agenda Item # 2 Page 6 Supplemental Information Zonina History p- 1# t DATE 1. 7-9-96 2. 11-8-94 ¡REQUEST Rezoning (0-2 Office to Conditional 1-1 Industrial) Conditional Use Permit (Automotive Gas Station and Convenience Store) Conditional Use Permit (Gas Pumps and Convenience Store) Conditional Use Permit (Gas Pumps and Convenience Store) Subdivision Variance and Rezoning (0-2 Office to 0-1 Office) 10-29- 91 2-13-89 3. 8-8-95 P-I ¡ACTION Approved Approved Denied Denied Approved ESI-KAMAREK Agenda Item # 2 Page 7 Public Aaencv Comments Public Works Edwin Drive in the vicinity of this request is considered I a collector road. Edwin Drive 4,000 ADT' Present I Generated Traffic I Ca acit Existing Land Use I 11,100 -248 ADT' Street Name Present Volume Proposed Land Use 3 - 436 Average Daily Trips 'as defined by the existing office building 'as defined by proposed modification Public Utilities I There is a 10-inch water main in Expressway Drive fronting the site. The site has an existin water meter that ma be used or upgraded. Sewer: There is an eight-inch sanitary sewer main and an eight-inch sanitary I \ sewer force main in Expressway Drive fronting the site. City sewer is i available. Sanitary sewer system and pump station analysis for " Pump Station 508 is required to determine if proposed flows can be " accommodated. Construction lans and bonds are re uired. I 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 strateaies as they pertain to this site. Fire and Rescue: Fire Department concerns will be addressed during the detailed Site Plan and Buildin Plan reviews. ESI-KAMAREK Agenda Item # 2 Page 8 . -~._---:.:.:":.::::.-:.;:~..-:.~=.::~;:. . -- :.a--=:' Exhibits Exhibit J Aerial of Sil Locatio ESI-KAMAREK Agenda Item # 2 Page 9 ,." .0"' 3^I~O ^YMSS3~dX3 ~ ~ Q.., t- 0\ 0\ .---. Exhibit 8 Site Plan Proffered in 1997 ESI-KAMAREK Agenda Item # 2 Page 10 ~ i H ! H H m H ¡PH H ;¡:I'J, ¡!11" ¡'I.li'" j~¡¡, ð df ~ ~ nm d ~H ¡f"~jbl ¡i'.mil I ~ ~ cu a.. õ- . cu ¡¡: ¡:: ~ 0 ~ .¡¡; < 1! II> > j OJ -¡¡ ""'" " ~ o,J ~ ~ ,~ . a.. ' ~ ; ~ ¡:: " ~'~ ~ ~"C E eUJ~ r if E ~ J. i -£ !!!! ~ fW 'j \, " '\. ':', ~.-, : .. \, ;' .- ~ 'ŒJ'" ,'.".. '.";. "~_"',-I",C-,""" ; i ':', ¡ ; il:"', , , ! ¡ i ,,' " I ' f--- i:, ¡ rr.;~~~---~,:-O: i~, " ¡'" " ' i ;1' ",.. '"i ~ " I"", I "',-', , ¡ ': !', ! Hi r: ð ::" Ie, ,- , 'I § --' Q¡ , I-h, -4-- ~H 1, ~¡mfh I ~~I ~! , ¡¡: . :5 -2] ~ ~~ .., H~ ~.¡: ~p I 1! Ë : ~ Exhibit C Proposed Site Plan ESI-KAMAREK Agenda Item # 2 Page 11 Exhibit D Proposed Building Elevation ESI-KAMAREK Agenda Item # 2 Page 12 f-' Z, w' :;: w: fool <, f-' enr ~¡ ::¡, en, 0: oJ: u¡ en Õ Exhibit E Disclosure Statement n~ ; FJ g¡ , , , , , " ,., ~H '~, -- -- , "" c w: - <C', ", ~ 13 - g <5 ,¡ , ~n g; , ,,-- ~ë ; H ,. -- " ~; " . 0 - ~, , q, , f , c' -, -- iH , "--:,-- - - , > , . .. - ' , -, ~ ; c' , --, ',"- Hi§ ~~~ "">, ,~ ¡¡In ¡ ~ ~ ~ NOILV3I1ddV SNOILIGNO3 dO NOIlV3BIGOW ., ~ f- Z w :¡: W f- <0: f- en w It ::¡ '" a oJ U en Õ - , ~ ;; -' - --- -- - -- . -- -- -- I? H ,,> ~~ ~ ;' ,,', §:" : ~ j" " ~ êH> UH H~H c- EL , ' , , ¡¡ H , ' H -- , - " , -, - c- >" " <, a -, c ESI-KAMAREK Agenda Item # 2 Page 13 EXHIBIT .\ i\JODIfICATlONS OF CO'iDITIOJ\S API'I.ICA nON ESI PROPERTIES II. LLC KAMAREK PIWPERTY I I. LtC APPLICANT DISCLOSURE List the applicant name folhrw"d b\ the names of all "tTic,'".,. members. trustees. panncrs. etc. bl'iu\\': ESJ PROPERTIES II. 11..(' - 'v1F'v1BERS KJmarck Fal11il\ 1.il11ited P"nI1ership Chenosky Famil: l.il11l1cJ p,\llnCf>\)I[' Timothy D. McCulloch James R. Stroud Troi¡Jn" Fa/nil\' Limit"J Panneship KAMAREK PROPERTY 11. LLC - MEMBERS Kamarek Family Limited Partncrship Chenosky bunily limtied Partnership Timothy D. ~1cCllll()ch James R. Stroud Troiano Family Limited Pawlcship Exhibit E Disclosure Statement ESI-KAMAREK Agenda Item # 2 Page 14 Item #2 ESI Properties II, 1..1..c. and Kamarek Properties II, 1..1..c. Modification of Conditions Southwest side of Expressway Drive District 3 Rose Hall August 11,2004 CONSENT William Din: The second item is Item #2 ESI Properties II, 1..1..C. and Kamarek Properties II, 1..1..C. There are two proffers with this one. Is there an applicant or representative? Mike Inman: Good afternoon. My name is Mike Inman, attorney, here for the applicant. William Din: Mr. Inman, there are no conditions. There are proffers on this one. We have placed this on consent. Is there any opposition to this? Thank you Mr. Inman. Mr. Ripley, would you like to comment on this item? Ronald Ripley: Yes sir. This seemed like a routine change also. It's a routine request. An application was approved back in July 1996, and a site plan was submitted, and as time goes on needs change of people and their property, and they revised the site plan. Basically, the original site plan called for a development that would contain approximately 84,000 square feet of office space. One building has already been built, and these are buildings to be placed in the back. What is up on the screen right now was the old site plan. The revised site plan is an improvement from that site plan. It's a little less space. It's 74,580 square feet, which is about 10,000 square feet less, which is significant. And also, there has been an access acquired off of Edwin Drive. One of the things that we discussed is we would like the applicant to pay attention when they go through site plan approval, and we would like for staff to pay attention to this too, we would like to make sure that the sense of arrival and the entranceway off of Edwin Drive is addressed so that landscaping is appropriate, and it's an improvement to the road. If the applicant would do that we would appreciate it. So, we found it to be a routine change. William Din: Thank: you Ron. I'd like to make a motion to approve Item #2 ESI Properties II, 1..1..C. and Karmarek Properties II, 1..1..c. It's a Modification of Conditions for a Change in Zoning District Classification on property located on the southwest side of Expressway Drive, approximately 270 northwest of Edwin Drive in the Rose Hall District. There are no conditions but two proffers. Dorothy Wood: Thank: you sir. Do I have a second? Mr. Knight seconded it. I'm sorry, Mr. Miller? Item #2 ESI Properties II LLc. and Kamarek Properties II, LLc. Page 2 Robert Miller: Madame Chair, I need to abstain from Item #2. My firm is working on the project. Dorothy Wood: Thank you sir. ANDERSON CRABTREE DIN HORSLEY KATSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE 10 NAY 0 ABS 1 ABSENT 0 AYE AYE AYE AYE AYE AYE ADS AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the consent item has been approved by the Board. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5940 DATE: August 25,2004 FROM: Leslie L. Lilley William M. Macali (j\JL DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application ESI Properties and Kamerek Propenies The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 14, 2004. I have reviewed the subject proffer agreement, dated July 22. 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel ftee to call me if you have any questions or wish to discuss this matter further. WMMInlb Enclosure cc: Kathleen Hassen AMENDMENT TO CONDITIONS THIS AMENDMENT TO CONDITIONS ("Amendment") made this d~f d day of July, 2004, by and between ESI PROPERTIES II, LLC, a Virginia limited liability company, successor-in-title to ELECTRONIC SYSTEMS, INC., a Virginia corporation and KAMAREK PROPERTY II, LLC, a Virginia limited liability company ("Owner"), GRANTORS, and CITY OF VIRGINIA BEACH, a municipal corporation of the commonwealth of Virginia, GRANTEE, provides and states as follows: WI TN ES SETH: WHEREAS, ESI PROPERTIES, LLC is the owner of a parcel of real property located in the City of Virginia Beach, GPIN NO: 1477-60-6241-0000, more panicularly described as Parcel One on Exhibit A, attached hereto and incorporated herein by reference; and . WHEREAS, KAMAREK PROPERTY II, LLC is the owner of a parcel of real property located in the City of Virginia Beach, GPIN NO: 1476-69-5657-0000, more particularly described as Parcel Two on Exhibit A, attached hereto and incorporated herein by reference; and PREPARED BY: INMAN & STRICKLER, PLC 575 L YNNHA VEN P ARKW A Y, SUITE 200 VIRGINIA BEACH, V A 23452 GPINS: 1477-60-6264-0000 (Parcel One) 1476-69-5657-0000 (Parcel Two) WHEREAS, the current zoning of the real property described in Exhibit A as Parcel One is I-I and the current zoning of the real property described in Exhibit A as Parcel Two is 0-2; and WHEREAS, said parcels being collectively referred to herein as the "Property"; and WHEREAS, due to certain changes in circumstances, GRANTOR has initiated modifications to a conditional amendment to the Zoning Map of the City of Virginia Beach by petition addressed to GRANTEE so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, GRANTOR has requested GRANTEE to pennit this modification to the previously proffered covenants and conditions dated May 15, 1996, recorded in Deed Book 3636, at page 1637 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, (the "Clerk's Office"), to reflect the amendments applicable to the land use plan on the Property; and WHEREAS, GRANTEE'S policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to pennit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed modifications to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation and use of the Propeny to be adopted which conditions have a reasonable relation to the proposed modifications and the need for which is generated by the proposed modification. NOW, THEREFORE, the GRANTOR, its successors, assigns, GRANTEES and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that this Declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, its successors, assigns, GRANTEES and other successors in interest or title: 1. Proffer A is hereby amended to read: The revised site plan submitted to the Department of Planning herewith and entitled "Conceptual Site Layout & Landscape Plan of Edwin Professional Park, Edwin Drive, Virginia Beach, V A" dated 3/24/04 (the "Site Plan") is incorporated herein by reference and fonDS a part of this Agreement. 2. All of the tenDs, covenants and conditions set forth in the Agreement to Covenants and Restrictions dated May 15, 1996 and recorded in the Clerk's Office Deed Book 3636, at page 1637, save and except Proffer A, as specifically amended and modified herein, shall remain in full force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through GRANTOR, its assigns, tenants and other successors in interest or title. GRANTOR further covenants and agrees that: The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the Amendment to the Zoning Ordinance of the City of Virginia Beach, Virginia. in force as of the date of this Amendment is approved by the Virginia Beach City Council ("Zoning Ordinance"), shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of GRANTEE, after a public hearing before GRA!'IiìEE which was advenised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy pennits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in coun; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attached to the zoning of the Propeny, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Depanment. and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTOR and GRANTEE. WITNESS the following signature and seal. GRANTOR: ESI PROPERTIES II, LLC a Virginia limited liability company By: t/It {~ WILLIAM G. KAMAREK Managing Member GRANTOR: KAMAREK PROPERTY II, LLC a Virginia limited liability company ~ By: WILLIAM G. KAMAREK Managing Member COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Acknowledged before me, the undersigned Notary Public, in and for the City and State aforesaid, by WILLIAM G. KAMAREK, Managing Member of ESIJJXfctes II, LLC, a Virginia limited liability company, on behalf of said company, this day of July, 2004. ~).=r:~ Notary PublIc My commission expires: ~ 3 / I,;j., 00 t' I COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Acknowledged before me, the undersigned Notary Public, in and for the City and State aforesaid, by WILLIAM G. KAMAREK, Managing Member of KAMAREK PR~R~Y II, LLC, a Virginia limited liability company, on behalf of said company, this ~ day of July, 2004. ~J~:r ~ ,) 3,ld6'ù g I I My commission expires: EXHIBIT "A" LEGAL DESCRIPTION PARCEL ONE ALL THAT certain tract, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, and being known as Parcel B-A, containing 5.670 acres of land, more or less, as shown on that certain plat entitled "Resubdivision of Parcel B, Subdivision of a ponion of Branksome Drive, Kempsville Borough, Virginia Beach, Virginia", which plat is recorded in the Clerk's Office of the Circuit Coun of the City of Virginia Beach, Virginia, in Deed Book 2458 at page 2197. TOGETHER WITH non exclusive easements in, or over and across Parcel A (as shown on the aforementioned plat) for access, ingress and egress to and from Parcel B-A to Holland Road created pursuant to, and subject to, and governed by that certain "Declaration of Easements Affecting Holland Office Park Parcel A and Parcel B-A" dated August 22, I 99 I, made by Holland Office Park Associates, et aI, and recorded in the Clerk's Office of the Circuit Coun of the City of Virginia Beach, Virginia, in Deed Book 3040, at page 1654. IT BEING the same propeny conveyed unto ESI Propenies, IT, LLC., by deed from Electronic Systems, Inc., a Virginia corporate, dated December 20, 1996 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, In Deed Book 3694, at page I 173, and by deed from Kamarek Family Limited Pannership, a Virginia limited liability partnership, dated December 20, 1996, and duly recorded in the aforementioned Clerk's Office in Deed Book 3694, at page 1170. PARCEL TWO All that certain tract, piece or parcel of land, with all improvements thereon and all appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being designated and described as "B-2-B" on that certain plat entitled "Subdivision of Parcel B-2, Property of Expressway Construction Company. Kempsville Borough, Virginia Beach, Virginia", dated September 24, 1982, prepared by Engineering Services, Inc., Virginia Beach, Virginia, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 160 at page 49, to which plat reference is made for a more particular description of the property IT BEING the same property conveyed unto Kamarek Property II, LLC, a Virginia limited liability company, by deed from Luke Construction Company, Inc.. a Virginia corporation, dated July 1, 2003, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as instrument number 200308250133017. - 58- [tem V-J.6. PLANNING ITEM # 49639 Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, CIty Council ADOPTED Ordinance upon App{¡callon of LINDA T. CHAPPELL for a Chanlle o(Zonmll DistrIct ClassIficatIOn: ORDINANCE UPON APPliCATION OF liNDA T CHAPPELL FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FROM AG-1 AND AG-2 TO CONDiTIONAL 1-1 205021221 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OrdInance upon ApplicatIOn of Linda T Chappell for a Chanlle o(ZOnlnfl DIStrict Classification from AG-I and AG.2 Agricultural Dlstncts to CondltlOnalI-1 Light Industnal DIstrict on the north sIde of Dam Neck Road beglnmngat a pOint 1820feet more or less west of the intersectIOn of Dam NeckRoad and London Bndge Road {PartofGPIN #1495- 74-6391 (2449)) The proposed zoning classificatIon change lO ConditIOnal 1-1 is for /¡ght Industnalland use The Comprehen.slve Plan recommends use of thIs parcel for 0 >'arlety of employment uses including busmess parks, offices, Industnal and employment support uses In accordance WIth other Plan policies SaId parcel contmn.s 25 711 acres DISTRICT 6 - BEA CH The following condItIon shall be required 1 An Agreement encompassing proffers shall be recorded wIth the Clerk of CIrcUIt Court and IS hereby made a pari of the record ThIs Ordinance shall be effectIve In accordance wIth SectIOn 107 (j) of the Zoning Ordinance Adopted by the Council of the CIty o/Vlrglnla Beach, Vlrglnza, on the Fourteenth afMay, Two Thousand Two Voting 10-0 (By COMe"t) Council Members Voting Aye Linwood 0 Branch. lII, Margaret L Eure, Barbara M Henley, LouIs R Jones, Reba S McClanan, Robert C MandIgo, Jr, Mayor Meyera E Oberndor[. Nancy K Parker, V,ce Mayor WIllIam D Sessoms. Jr and Rosemary Wilson Council Members Voting Nay Nn"o Zonina History Womack DC","-'-"'" 1-2 Modifications of Conditions I # I DATE I REQUEST I ACTION 1 05/15/02 REZONING from AG-1/2 Agriculture to Conditional Granted 1-1 Industrial 2 07107/92 CONDITIONAL USE PERMIT for golf driving range 3 05/05/86 REZONING from AG-1/2 Agriculture to 1-1/2 Industrial 10129/02 REZONING from 1-112 Industrial to Conditional 1-2 Granted Industrial 4 12/13/94 Change to Nonconforming Structure 04/23/97 CONDITIONAL USE PERMIT for outdoor recreation Granted Granted Granted Granted i¡\IJr " CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: Womack Chappell, L.L.C. F/KIA Linda T. Chappell - Modification of Conditions MEETING DATE: September 14, 2004 . Background: An Ordinance upon Application of Womack Chappell, LL.C. f/k/a Linda T. Chappell for a Modification of Conditions for a Conditional Change of Zoning District Classification approved by City Council on May 14, 2002 (Linda T. Chappell). Property is located at 2599 Dam Neck Road (GPIN 14957583990000). DISTRICT 6 - BEACH . Considerations: The Conditional Rezoning from AG-1 and AG-2 Agricultural Districts to 1-1 Light Industrial District was approved by the City Council on May 14, 2002. The Conditional Rezoning has four proffers. Proffer 2 establishes development parameters for setbacks, landscaping, building materials and signage for each of the Jots within the proposed industrial park. The applicant is requesting a modification to the side yard setback requirement for the lots backinQ UP to London Bridqe Road. The applicant is requesting to reduce the side yard setback for lots adjacent to London Bridge Road from 30 feet to 15 feet. To ensure that the level of quality is maintained within the park, a 10-foot wide Category II landscape buffer will be installed when the reduced setback is used. The 15-foot side yard setback is comparable to the side yard setback on the industrial property located on the north side of London Bridge Road. The Planning Commission placed this item on the consent agenda because the proposed change is compatible with the land use. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Womack Chappell. L.L.C. F/KJA Linda T. Chappell Page 2 of 2 Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning oepartmen'- City Manager: ~::. \<.. . ~~ ,..-.-.-.- ,~\~" ~~A~j~, '~":';"';¡~"~l'>~' ,'C,' "." '.~. ;~:'?z,,:~lv 110-212-MOD-2004 WOMACK CHAPPELL, LLC Agenda Item # 19 August 11, 2004 Public Hearing Staff Planner: Barbara Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: APPLICATION HISTORY: LOCATION: Location and General Information Modification of Proffers for the Conditional Change of Zoning from AG-1 and AG-2 Agricultural District to Conditional 1-1 Industrial District granted by the City Council on May 14, 2002. This item was deferred at the July 14 hearing due to failure to correctly post the required notice on the property. Property located at 2599 Dam Neck Road Womack Cha ell LLC .,;'!:r l.-J~"," .. '" .......---,:; " , '".,~ " / '. -~,. ':"'::/' "., ..:~,,::~.. ;., \ . ,. . (j:>Z WOMACK - CHAPPEL Agenda Item # 19 Page 1 GPIN: COUNCIL ELECTION DISTRICT: 14957583990000 7 - PRINCESS ANNE SITE SIZE: 25.7 acres EXISTING LAND USE: Vacant Property West: . Oceana South Industrial Park 11-1 Industrial District and 1-2 Industrial District . Taylor Farm I AG-2 Agricultural District . Undeveloped property I AG-1 and AG-2 Agricultural District and R-20 Residential District . Warehouse 11-2 Industrial District SURROUNDING North: LAND USE AND ZONING: South: East: NATURAL RESOURCE AND CULTURAL FEATURES: The site consists of agricultural fields. AICUZ: The site is in an AICUZ of greater than 75dB Ldn surrounding NAS Oceana. The federal government owns a restrictive easement over a portion of this property. Summary of Proposal The Conditional Rezoning from AG-1 and AG-2 Agricultural Districts to 1-1 light Industrial District was approved by the City Council on May 14, 2002. The Conditional Rezoning has four proffers: 1. When the Property is developed, it shall be developed into no more than fourteen (14) parcels substantially as shown on the exhibit entitled "TAYLOR FARM CORPORATE PARK SITE PLAN Virginia Beach, Virginia", dated 03/11/02 and prepared by Spectra Group, which has been exhibited to the Virginia Beach City WOMACK - CHAPPEL Agenda Item # 19 Page 2 Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The parcels shall be subject to the following mandatory site development guidelines: a) A fifty-foot (50') Landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. A twenty-foot (20') Landscape setback from London Bridge Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. A minimum fifty-foot (50') building setback shall be required from London Bridge Road A minimum thirty-foot (30') side yard building setback and rear yard building setback (on non-through lots) shall be required. No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the "SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK" dated March 15, 2002 which are included in the Deed Restrictions described in Proffer #3. No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between Dam Neck Road and any building on any parcel adjacent to Dam Neck Road. No building shall exceed forty-five feet (45') in height and the primary exterior surface of all buildings shall be either brick, split face block. painted block, concrete panel, stone, wood, EIFS or metal and shall be an earth-tone color or colors. The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which is visible from Dam Neck Road shall be either brick, split face block or stone. d) f) g) b) c) e) 3. When the property is subdivided it shall be subject to a recorded Deciaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a mandatory membership Property Owners Association. In addition to the requirements set forth herein, the Deed Restrictions shall include Articles requiring mandatory assessments for maintenance of the landscape buffers and entrance features as well as Architectural Controls. The Deed Restrictions have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 4. Further conditions may be required by the Grantee during detailed Site Plan andlor Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. WOMACK - CHAPPEL Agenda Item # 19 Page 3 The proposed changes to this existing agreement are as follows: Proffer #2 establishes development parameters for setbacks, landscaping, building materials and signage for each of the lots within the proposed industrial park. The applicant is requesting a modification to the side yard setback requirement for the lots backing up to London Bridge Road. Major Issues The fof/owing 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. . The proffer revisions should result in an equal or better level of quality for the overall project than what exists with the current recorded proffer agreement. . There is a significant amount of frontage on Dam Neck Road, so the aesthetic view from this roadway is a concern. Comprehensive Plan The Comprehensive Plan recognizes this site is within Strategic Growth Area 10 - South Oceana Area. The South Oceana Area encompasses properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. Developable land located in the western region of this Strategic Growth Area is planned for non- residential uses to include a mix of light industrial, low-rise office and limited retail use. Access to Dam Neck and Holland Roads should be minimized. Every effort should be made to consolidate the parcels of land to achieve a more unified and well-planned development. Development in this area should exhibit an attractive, high quality design, especially as seen from Dam Neck, Shipps Comer and Holland Roads. WOMACK - CHAPPEL Agenda Item # 19 Page 4 Proffers The applicant desires to modify Proffer 2 as follows (changed provisions are underlined): "The parcels shall be subject to the following mandatory site development guidelines: (a) A fifty-foot (SO') landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the landscape setback. (b) A twenty-foot (20) landscape setback from London Bridge road shall be maintained by the Property Owners Association and no improvements shall be located within the landscape setback. (c) A minimum fifty-foot (SO') building setback shall be required from London Bridge Road. (d) A minimum thirty-foot (30') side yard buildinG setback shall be required on those lots with a rear property line which abuts Dam Neck Road. (e) A minimum fifteen foot (1S') side yard buildinG setback shall be required on those lots which do not have a property line abuttinG Dam Neck Road, provided a ten foot (10') wide Cateqory" Landscape Buffer is maintained alonG the entire lenGth of the side property line from which the fifteen foot (1S') setback is measured. (f) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the "SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK", dated March 1S, 2002 which are included in the Deed Restrictions described in Proffer number 3. (g) No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road. (h) No building shall exceed forty-five feet (4S') in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block, concrete panel, stone, wood, EIFS, or metal and shall be an earth-tone color or colors. The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which are visible from Dam Neck Road shall be either brick, split face block or stone." Staff Evaluation of The modification to Proffer #2 to revise language regarding WOMACK - CHAPPEL Agenda Item # 19 Page S Proffers: setbacks as noted in 2(d) and 2(e) above is acceptable There are no other changes to the original proffer agreement. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated April 30, 2004, and found it to be legally sufficient and in acceptable legal form. Staff Evaluation Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal. through the submitted materials and proffers, adequately addresses address each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are (1) The applicant is requesting to reduce the side yard setback for lots adjacent to London Bridge Road from 30 feet to 15 feet. To ensure that the level of quality is maintained within the park, a 10-foot wide Category II landscape buffer will be installed when the reduced setback is used. The 15-foot side yard setback is comparable to the side yard setback on the industrial property located on the north side of London Bridge Road. (2) No change to the proffers regarding the Dam Neck Road frontage has been requested. The terms of the original proffer agreement will remain in place for Lots 8 through 14. Staff, therefore, recommends approval of this request. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application require revision during detailed site plan review to meet all applicable City Codes. WOMACK - CHAPPEL Agenda Item # 19 Page 6 Supplemental Information Zonina History ell LLC :1 -----,:;- 11/---- :1 .' OCt~^N_',-, """",'" "ner," 1-2 '-2 Modi,ìcations of Conditions I#IDATE ¡REQUEST 1 05/15/02 REZONING from AG-1/2 Agriculture to Conditional!-1 Industrial CONDITIONAL USE PERMIT for golf driving range REZONING from AG-1/2 Agriculture to 1-1/2 Industrial REZONING from 1-1/2 Industrial to Conditional 1-2 Industrial I ACTION Granted 2 07107/92 3 05/05/86 10/29/02 Granted Granted Granted WOMACK - CHAPPEL Agenda Item # 19 Page 7 4 12/13/94 Change to Nonconforming Structure 04/23/97 CONDITIONAL USE PERMIT for outdoor recreation Granted Granted WOMACK - CHAPPEL Agenda Item # 19 Page 8 Exhibits ¡¡; '" u w "" ~: c, Exhibit, Aerial of Si Locatic ~ - ~ I WOMACK - CHAPPEL Agenda Item # 19 Page 9 I'b"----'~=-=-:""~--'- -'~-¡,l I : r: <!!,::~ '," t¡ . ; i it : , r~""""-'¡' ':, ' I ! : (' s:: '!é;"~' ?~::::¡ : I t-...~~",-' I , I~: Ð! >I 'I '. 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I -.I Exhibit B Proposed Site Plan l ~, " ., " WOMACK - CHAPPEL Agenda Item # 19 Page 10 ~ "', .:t;, ,..., t '"r ~ ~II "...), '"", ill I -- .. < " ; < ~ IH! ~H~ ~ Hi~ ~1Hj : '0' "' " "0 ~ Cz~t l~H .;¡ ë . , 2~ H :o;;~~ .. ~ ~ ,,~ ,-0 ~ F , .':;; ,< , ?8~,5£ Hili .. , - §~ , .. ~ 0 .'..' §H~r ~~~ ~~: NOI!VJfiddV SNOI!I(INOJ tIO NOI!VJItIIGOW ~ I'... :E ~I ~I ,"'" '..., " .. ¡ ,;:', lot l ...' 'j I.J ~ "", i" , ,. ~ ~ , ; ~ ~ ~ I H n f ~ ~,..,:, "f ~ ~ ~ ~, ' ,< i"j " , ,~ ¡¡I! If 5 1 0 " c .. , . ,~n H~H :..~ ~~f;~ ~," '~,~, =,,-',,-:' .. c ~~, ~H~~ H~ Hi~, H~õ ~,>HH Hj~ ; ~ ¡: :" ~, HH ~Uj .. , .. .., ," ~: fHHHE i ~ ,," ':i ~~ H H ~ ~~ .. ," ; t:!H .. ~Hf II It I! , = " ; , ' n HH~ g~ lHU I I .,; "~ ~ '~ :~ ~f H - .. - 1 õ ~, Exhibit C Disclosure Statement .. - .. .. ~; , ;' H H WOMACK .. CHAPPEL Agenda Item # 19 Page 11 Item #19 Womack Chappell, LL.c. £!kla Linda T. Chappel1 Modification of Conditions 2599 Dam Neck Road District 7 District 6 Beach August 11,2004 CONSENT William Din: The next item is Item #19 Womack Chappell, LLC. F/K/A Linda T. Chappell. This is an application of Womack Chappell, LLC f/kla Linda T. Chappell for a Modification of Conditions for a Conditional Change of Zoning District Classification approved by City Council on May 14, 2002. Property is located at 2599 Dam Neck Road in the Princess Anne District. Eddie Bourdon: Thank you again. Eddie Bourdon, a Virginia Beach attorney ofthe applicants. Obviously it's a modification of proffers. We agree to our modification. We thank you for putting us on consent. William Din: Thank you. Is there any opposition to placing this on consent? If not, Mr. Knight would you please comment. Barry Knight: The applicant is requesting to reduce the side yard setback for the lots adjacent to London Bridge Road from 30 feet to 15 feet. And to ensure that a level of quality is maintained within the park, a ten-foot wide category 2 landscape buffer will be installed when the reduced setback is used. You must remember that London Bridge Road has a large right-of-way, and they want to come from 30 foot back to 15 foot from the large right-of-way. We believe it's in keeping with the land use, and it satisfies the Navy, who has their restrictions on this property. We've placed it on consent agenda. William Din: Thank you Barry. I'd like to make a motion to approve Item #19 Womack Chappell, LLC. £!kla Linda T. Chappell. This is an application for a change to the Zoning District Classification in Princess Anne District. Dorothy Wood: Thank you sir. Do I have a second? Mr. Knight seconded it. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON CRABTREE DIN HORSLEY KATSIAS AYE AYE AYE AYE AYE Item #19 Womack Chappell, LLC. f!kJa Linda T. Chappell Page 2 KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 11-0, the consent item has been approved by the Board. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5937 DATE: August 25, 2004 FROM: Leslie L Lilley William M. Macali ~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application Womack Chappell, LLC. The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 14, 2004. I have reviewed the subject proffer agreement, dated April 30, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMMInlb Enclosure cc: Kathleen Hassen PREPARED BY' FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS ¡WOMACK CHAPPELL, L.L.C., a Virginia limited liability company TO (pROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) I CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of April 2004, by and between WOMACK CHAPPELL, L.L.C., a Virginia limited liability company, Property Owner, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Property Owner is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 25.711 acres and described in Exhibit "A" attaehed hereto and incorporated herein by this I reference, said parcel is hereinafter referred to as the "Property"; and WHEREAS, the Property is subject to "Proffered Covenants, Restrictions and Conditions" dated January 14, 2002 accepted by the Grantee and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4698, at Page 0794 ("Proffer"). WHEREAS, the Grantor has requested the Grantee to accept modifieations and amendments to the Proffered Covenants, Restrietions and Conditions ("Proffer") recorded in Deed Book 4698, at Page 0794, which amendments and modifications are set forth herein; and I WHEREAS, the Grantee's policy is to provide only for the orderly development of I land for various purposes through zoning and other land development legislation; and IISm:s.IIOURDON. GPIN: AJlmN & LM. P.c 1495.75-8399 (part) WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of ehange that will be created by the Grantor's proposed use, certain reasonable conditions governing the use of the Property for the proteetion of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, the following amendment to the previously proffered conditions related to the physical development, operation, and use of the Property to be ineorporated as a part of the previously adopted amendment to the Zoning Map. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or Quid R!Q Q.!!Q for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following amended and modified declaration of eonditions, covenants, restrictions as to the physieal development, operation, and use of the Property and hereby eovenant and agree that this declaration shall constitute covenants running with the Property, whieh shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other suceessors in interest or title. 1. Proffer numbered "2" is amended to read: The parcels shall be subject to the following mandatory site development guidelines: a) A fifty foot (50') Landscape setback from Dam Neek Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. b) A twenty foot (20') Landscape setback from London Bridge Road shall be maintained by the Property Owners Association and no improvements shall be loeated within the Landscape setback. PREPARED BY' .SYJ:l:S. BOURDON. AJ.IrnN & lM.P.c. 2 c) d) 2. A minimum fifty foot (50') building setback shall be required from London Bridge Road. A minimum thirty foot (30') side yard building setback shall be required on those lots with a rear property line whieh abuts Dam Neck Road. e) A minimum fifteen foot (15') side yard building setback shall be required on those lots which do not have a property line abutting Dam Neck Road, provided a ten foot (10') wide Category II Landscape Buffer is maintained along the entire length of the side property line t) from which the fifteen foot (15') setback is measured. No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the "SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK", dated March 15, 2002 which are included in the Deed Restrictions described in Proffer number 3. g) No onsite vehicular parking, outdoor storage, loading doeks, or loading areas shall be permitted between Dam Neck Road and any h) building on a parcel adjaeent to Dam Neck Road. No building shall exceed forty-five feet (45') in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block, eoncrete panel, stone, wood, E.l.F.S., or metal and shall be an earth-tone color or colors. The exterior surface of any building on pareels numbered 8 through 14 on the site plan, whieh are visible from Dam Neck Road shall be either brick, split face block or stone. All of the terms, eonditions, covenants, and agreements set forth in the Proffer, save and except proffer numbered "'1:' which is amended herein, are ratified, affirmed and remain binding upon the Property and upon all parties and persons claiming under, by or through the Grantor. PREP""ED av. IISY1ŒS. BOURDON. All references hereinabove to the 1-1 Zoning District and to the requirements and AIIrnN & !IVY. P.C I. li bI h regu atlOns app ca e t ereto refer to the Comprehensive Zoning Ordinance and 3 Subdivision Ordinance of the City of Virginia Beaeh, Virginia, in force as of the date of approval of this Agreement by City Council, whieh are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full foree and effect until a subsequent amendment changes the zoning of the Property and specifieally repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Offiee of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a eertified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (I) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure complianee with sueh eonditions, including mandatory or prohibitory injunetion, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute eause to deny the issuance of any of the required building or oecupancy permits as may be PREP>RED BY, .SYlli. ROURDON. appropriate; AilrnN & lM. P.C 4 PREPARED BY' . SVIŒS. RoURDON. AJI[RN & lIVY. P.C (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to I these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existenee of conditions attaching to the zoning of the Property, and the ordinanees and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 5 PREPARED BY, IISVUS.IJOURDON. AUŒN & n:vy. P.C WITNESS the following signature and seal: GRANTOR: WOMACK CHAPPELL, L.L.C., a Virginia limited liability company (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 3rd day of May 2004, by Jerry Womack, Member of Womack Chappell, L.L.C., a Virginia limited liability company, on behalf of said corporation. /Ä4¿f /,¡¡ 111 ~~1iJ Notary Public My Commission Expires: August 31,2006 6 PREPARED BY. .SY1Œs.IJOURDON. AJI[RN &. !IVY. P.C EXHIBIT "A" Metes and Bounds Description Proposed Taylor Farms Industrial Park Development Beginning at a point on the southern right-of-way line of London Bridge Road, said point being on the dividing line of property of The Edmonds Company Virginia (Deed Book 2392 at page 1066) and Taylor Farms LLC (Deed Book 3799 at page 1331), thence along the southern right-of-way line of London Bridge Road along a curve to the left having a radius of 1949.86 feet and an are length of 334.43 feet and whose chord bearing and distance are South 74052' 54" East - 334.02 feet; thence, South 7'if 47' 43" East -1101.74 feet; thenee, departing the southern right-of-way line of London Bridge Road across the lands of Taylor Farms LLC South 100 12' 17" West - 275.00 feet; thence, South 79° 47' 43" East - 11.91 feet; thenee, South 100 12' 17" West - 466.19 feet to a point on the northern right-of-way line of Dam Neck Road; thence, along the northern right-of-way line of Dam Neck Road in a westerly direction, North 78° 36' 53" West - 1728.63 feet; thence, North 110 23' 07" East - 45.00 feet; thence, North 780 36' 53" West - 6:'84 feet to a point on the dividing line of property of Taylor Farms LLC and The Edmunds Company Virginia; thence along the dividing line of the above mentioned pareels North 61° 23' 28" East - 286.69 feet; thence, North 120 53' 59" East - 97.67 feet; thence, North 13054' 14" East - 175.28 feet; thence, North 4° 41' 19" East - 97.91 feet; thence, North 32° 33' 49" East - 150.77 feet to the point of beginning. The above referenced metes and bounds deseription eneompassing 25.711 acres. GPIN: 1495-75-8399 (pART OF) MOD CO ND m 0 N SIW 0 MACK CHAPPE LIJPR 0 FFE R5 REV.6I2/YO4 7 K. APPOINTMENTS BICYCLE and TRAILS ADVISORY COMMITTEE HISTORICAL REVIEW BOARD MINORITY BUSINESS BOARD PlJBLIC LIBRARY BOARD REVIEW AND ALLOCA nON COMMITTEE (COG) SOCIAL SERVICES BOARD TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITY OF VIRGINH BEACH SUMM4RY OF COUNCU ACnONS V 0 I M 8 L C E S L DATE. 917f20C4 0 C M R C A W PAGE: I I 0 ) L A N R H N I E Y 0 A D 0 E M U L W AGENDA Z N N D 0 E I E S 0 E ITEM. SUBJECT MOTlOI' VOTE E E A 0 R V 0 V 0 0 L R S I' X F E T A N 0 I BRI£FING5, I NAVAL AVIATOR'S MONUMENT David Sulhvan. I Chief Infolmation Office< 2 COMMUNITY LEGISLATIVE AGENDA Rohe~ Matthias, ASSlstanl 10 the Citv Mana... IVIIII1V/ CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VNI/E F MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y INFORMAUFORMAL SESSIONS 8124104 G/HII SISTER CITIES INTERNATIONAL- D, HilOyukl 2004 LOU WOZAR "BEST OVERALL Hamada, JECC Mr. David Kunkel PROGRAM" AWARD & Wendy Young, Vilj\inta Beach Symphony O,chesInI, Mona Denton, Garolyn Gray & Amid Gulas, Moss, Norway Comminee PROCLAMATION IN RECOGNITION Bobhy Melan. 2 "VIRGINIA LEGENDS WALK DAY" Ron Kuhlman Stan Brickell Lee Edmondson iii PUBLIC HEARING Local La,. Enf",comenl Block Granl Funding NO SPEAKERS (LLEBG) JIKiI Rosolulion to REFER 10 Planning Com. OENIED 8-) Y Y Y N Y N Y N Y Y Y amendments 10 § 901 ofCZO re mulli-family dwellings B-4 2 O,dtnance 10 ACCEPTIAPPROPRIA TE AOOPTEO. BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $78,151 1T0m FEMA/S4S, I 97 from Va, CONSENT [mergeney Managemenl 10 F"e ,e Haza,d Miligalion Plan WIth NorfolkJPortsmouthl SulTolkllsle of Wight. ) OJ-dinanco to TRANSFER $IS,OOO 10 5c"01 AOOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y [dumion Foundation CONSENT CITI' OF VIRGINIA BEACH Sl'MMARF OF COl/NClL ACTIONS v 0 I M B L C E S L DATE 9i7!2004 D C M R C A w PAGE' 1 I D J L A N R H N I E Y 0 A D 0 E M U L W AGENDA Z E N N D 0 E I E S 0 ITEM' SUBJECT MOTION VOTE E E A 0 R V D V .? I ~ L R S N X F E: T A L APPOINTMENTS' AGRICULTURAL ADVISORY COMMISSION Appomled 4 Year Tenn 10/1104 - 9ßOI08 11-0 Y Y Y Y Y Y Y Y Y Y Y Mkhael Cullipher COMMUNITY MEDICALADVISOR\' COMMISSION Appomted I Year Tenn 9/1104 - 8131105 11-0 Y Y Y Y Y Y Y Y Y Y Y Judith Allison Appomted2- Year 1e"" 2{1/04 ~ 813JI06 11-0- -Y Y Y- - Y Y -Y - -Y Y. .Y Y- - Y. Dr. Edward E. Brickell 11-0 Y Y Y Y Y Y Y Y Y Y Y UshettReoeeWard Appointed 3 Year Tenn 9/1104 - 8i3J11J7 11-0 Y Y Y Y Y Y Y Y Y ,. Y Patriek C. Devine, Jr. 11-0 Y Y Y Y Y Y Y Y Y Y Y Patrieia Ann Warner Appointed 4 Year Tenn 9/1104 - 8/3 1/08 Dr. W. Andrew DielOnson,ll 11-0 Y Y Y Y Y Y Y Y Y Y Y Harry R. Purkey 11-0 Y Y Y Y Y Y Y Y Y Y Y Appoioted 5 Year Tenn 9/1104 - 8/31109 Riehord I(hne 11-0 y Y '{ Y Y Y Y '{ Y Y Y Dr. MitchrU B. Miller 11-0 Y Y '{ Y Y Y Y Y Y Y Y OLD BEACH DISTRICT MASTER PLAN ADVISORY COMMITTEE Appoioted - No Tenns William D. Almond 11-0 Y Y Y Y Y Y Y Y Y Y Y Janiee P. Andersnn 11-0 Y Y Y Y Y Y Y Y Y Y Y Miehad J. Ba""tt J 1-0 Y Y Y Y Y Y Y Y Y Y Y Lorry S. Barry 11-0 y Y Y Y Y Y Y Y Y Y Y Andrew C. Edwards 11-0 y Y Y Y Y Y Y Y Y Y Y John L Gihson, II 11-0 Y Y Y Y Y Y Y Y Y Y Y R. Preston Mid~ett, II 11-0 Y Y Y Y Y Y Y Y Y Y Y 11-0 Y Y Y Y Y Y Y Y Y Y Y Mary Anne L Nixon 11-0 Y Y Y Y Y Y Y Y Y Y Y Rosa Lee No""an 11-0 Y Y Y Y Y Y Y Y Y Y Y Thomas Pritehard 11-0 Y Y Y Y Y Y Y Y Y Y Y Ronald C. Ripley 11-0 Y Y Y Y Y Y Y Y Y Y Y Kenoeth F. Taylor 11-0 Y Y Y Y Y Y Y Y Y Y Y Borh"a Yates PARKS AND RECREATION COMMISSION Appoioted Unexpi«d Tenn Thru 8/31107 11-0 Y Y Y Y Y Y Y Y Y Y Y Bdty L Warren RESCHEOULED B Y C 0 N S E N S U S SOCIAL SERVICES BOARD- on' OF VIRGINiA BE4CH S~WMARYOFCOUNCftACnONS v 0 r M B L I c E S L DATE. 9;¡ '2004 D C M R C A W PAGE: 3 r D ] L A N R H N r E y 0 A D D E M U L W AGENDA Z E N N 0 0 E 1 E S 0 ITEM' SUBJECT MOTION VOTE E E A 0 R V D V 0 0 L R S N X F E T A N D i I~ EJ ADJOURNMENT 6:40P.M